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Justinian I · The Digest of Justinian §37.14.24.pr

Division of Freedmen and Allocation of Maintenance

Passage 5874 of 9271 · Latin

Summary

This section addresses an appeal by Camelia Pia against a division of inheritance, ruling that while the division of freedmen themselves is void, the division of their maintenance among coheirs is valid.

[PAULUS imperialium sententiarum in cognitionibus prolatarum siue decretorum ex libris sex libro primo. ] §37.14.24.prCamelia Pia ab Hermogene appellauerat, quod diceret iudicem de diuidenda hereditate inter se et coheredem non tantum res, sed etiam libertos diuisisse: nullo enim iure id eum fecisse.
[PAULUS, in the first book of six books on Imperial Decisions Pronounced in Cognitions, or Decrees.] Camelia Pia had appealed from Hermogenes, on the ground that, as she alleged, the judge in dividing the inheritance between herself and her coheir had divided not only the property but also the freedmen; for she asserted that he had done this under no law.
placuit nullam esse libertorum diuisionem: alimentorum autem diuisionem a iudice inter coheredes factam eodem modo ratam esse.
It was decided that the division of freedmen is void, but that the division of maintenance made by the judge between the coheirs is valid in the same manner.

Notes

  1. §37.14.24.prab Hermogene appellauerat — The phrase `appellare ab aliquo` is used in the sense of "to appeal from [the decision of] someone." Here, Hermogenes is the judge who rendered the original decision, from which Camelia Pia appealed to the imperial court.
  2. §37.14.24.prquod diceret — The subjunctive mood (`diceret`) is used in the clause introduced by `quod` to indicate that this is the subjective allegation of the appellant ("because, as she alleged, ...") rather than an objective fact (oblique narration).
  3. §37.14.24.prnullo enim iure id eum fecisse — This is a continuation of Camelia Pia's allegation in indirect speech (accusative with infinitive construction). Here, `eum` refers to the judge (`iudicem`) and `id` refers to the division of the freedmen (`libertos diuisisse`).
  4. §37.14.24.preodem modo — Meaning "in the same manner." This indicates that while the division of the freedmen themselves (`libertorum diuisionem`) is legally void, the division of their maintenance obligations (`alimentorum diuisionem`) is recognized as valid "in the same manner" as the normal division of the inheritance assets.

Cite this passage

Justinian I, The Digest of Justinian §37.14.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.14.24.pr

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