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Justinian I · The Digest of Justinian §37.15.3.pr

Accusation of Ingratitude against a Self-Purchased Freedman

Passage 5877 of 9271 · Latin

Summary

The question of whether an heir can accuse a freed slave of ingratitude is raised, and the response clarifies that it is possible because freeing one's own slave constitutes bestowing a benefit, unlike acting as a mere trustee.

[MARCELLUS libro singulari responsorum. ] §37.15.3.prTitius puerum emit, quem post multos annos uenire iussit: postea exoratus accepto ab eo pretio eum manumisit: quaero, an eum filius et heres manumissoris ut ingratum accusare possit.
[MARCELLUS, from the single book of Responses.] Titius bought a slave boy, whom after many years he ordered to be sold; afterwards, having been entreated and having received the price from him, he manumitted him. I ask whether the son and heir of the manumitter can accuse him as ungrateful.
respondit posse, si nihil aliud esset impedimento: nam plurimum interesse, a suo seruo quis uel etiam ab amico eius acceptis nummis dederit libertatem, an ab eo seruo, qui cum esset alienus in fidem eius deuenit.
He answered that he could, if there were no other impediment; for it makes a very great difference whether someone has granted freedom to his own slave, having received money from him or even from his friend, or from that slave who, when he belonged to another, came into his trust.
etenim ille etiamsi non gratuitum, beneficium tamen praestitit, iste nihil amplias quam operam suam accommodare uideri potest.
For the former, even if not gratuitous, nevertheless bestowed a benefit; the latter can be seen as providing nothing more than his own service.

Notes

  1. §37.15.3.pruenire — This is vēnīre (to be sold, the infinitive of veneo), not venīre (to come).
  2. §37.15.3.prplurimum interesse — An impersonal use of the verb interesse (to make a difference). The subsequent indirect questions starting with a suo seruo... and an ab eo seruo... function as the subject clauses of the infinitive.
  3. §37.15.3.prin fidem eius deuenit — Meaning 'came into his trust (or protection)'. This refers to a situation where a slave belonging to another was transferred to someone under the trust or condition that they would be manumitted. In this case, the manumitter has not diminished their own estate and is interpreted as merely a facilitator (provider of service), thus not bestowing a real benefit.

Cite this passage

Justinian I, The Digest of Justinian §37.15.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.15.3.pr

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