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Justinian I · The Digest of Justinian §37.14.12.pr

No Change of Freedman Status through Appointment as Heir

Passage 5862 of 9271 · Latin

Summary

Modestinus responds to an inquiry regarding whether Gaius Seius's designation of his freedman as an heir along with his sons in his will can change the freedman's status, stating that it cannot.

[MODESTINUS libro primo responsorum. ] §37.14.12.prGaius Seius decedens testamento ordinato inter filios suos Iulium libertum suum, quasi et ipsum filium, ex parte heredem nominauit: quaero, an huiusmodi scriptura possit liberto statum condicionis mutare.
[MODESTINUS, in the first book of Responses.] Gaius Seius, dying, in a will drawn up, nominated among his sons his freedman Julius, as if he too were a son, as heir to a share. I ask whether a writing of this kind can change the status of condition for the freedman.
Modestinus respondit statum mutare non posse.
Modestinus replied that it cannot change his status.

Notes

  1. §37.14.12.prtestamento ordinato — This is an ablative absolute construction consisting of the noun testamentum and the perfect passive participle ordinatus (from ordinare), meaning "a testament having been drawn up/arranged."
  2. §37.14.12.prliberto — This is a dative of reference, used with the verb mutare to mean "for the freedman" or "with respect to the freedman."
  3. §37.14.12.prstatum mutare non posse — This is an accusative-with-infinitive (A.C.I.) construction introduced by the verb respondit. The subject of the infinitive posse (scripturam) is omitted as it is clear from the preceding sentence.

Cite this passage

Justinian I, The Digest of Justinian §37.14.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.14.12.pr

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