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Justinian I · The Digest of Justinian §37.14.8.pr-37.14.8.1

Manumission by Soldier Sons and Time-Limited Terms

Passage 5858 of 9271 · Latin

Summary

Clarifies that a slave manumitted by a military filius familias becomes the freedman of the soldier himself, and a slave sold under the condition of manumission within a certain period automatically becomes the buyer's freedman upon expiration.

[IDEM libro sexto regularum. ] §37.14.8.prSeruum a filio familias milite manumissum diuus Hadrianus rescripsit militem libertum suum facere, non patris.
[THE SAME, in the sixth book of Rules.] The Divine Hadrian issued a rescript that, in the case of a slave manumitted by a soldier who is a filius familias, the soldier makes him his own freedman, and not his father's.
§37.14.8.1Seruus non manumissus libertatem consequitur is, qui ea lege distractus est, ut manumittatur intra tempus: quod superueniens, licet non manumittatur, faciet tamen libertum emptoris.
A slave who is not actually manumitted obtains his freedom if he was sold under the condition that he should be manumitted within a certain time; for when this time expires, although he is not manumitted, it nevertheless makes him the freedman of the buyer.

Notes

  1. §37.14.8.prmilitem — In the accusative with infinitive (AcI) construction following rescripsit, militem is the subject accusative of the infinitive facere, while seruum ... manumissum is its object. It thus means "the soldier makes him [the slave] his own freedman."
  2. §37.14.8.1quod superueniens — The relative pronoun quod is a neuter singular nominative, functioning as a relative connection referring back to the preceding tempus (time/period). Together with the present participle superueniens, it forms the subject ("the arrival/expiration of which") for the future verb faciet.

Cite this passage

Justinian I, The Digest of Justinian §37.14.8.pr-37.14.8.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.14.8.pr-37.14.8.1

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