Humanitext Reader

Justinian I · The Digest of Justinian §38.1.41.pr

Freedman's Duty of Reverence and Claims for Alimony

Passage 5926 of 9271 · Latin

Summary

This section explains that although a freedman released from services still owes reverence to his patron, a claim for alimony is treated differently if the patron sues him out of malice due to poverty.

[IDEM libro quinto responsorum. ] §38.1.41.prLibertus, qui operarum obligatione dimissus est atque ita liberam testamenti factionem adsecutus est, nihilo minus obsequi uerecundiae tenetur.
[BY THE SAME AUTHOR, in his fifth book of Opinions.] A freedman who has been released from the obligation of services, and has thereby obtained the free power of making a testament, is nevertheless bound to show reverence.
alimentorum diuersa causa est, cum inopia patroni per inuidiam libertum conuenit.
The case of alimony is different, when the poverty of the patron sues the freedman out of malice.

Notes

  1. §38.1.41.probsequi uerecundiae — It is most natural to interpret obsequi as the present infinitive of the verb obsequor, and uerecundiae as its dative complement, forming tenetur obsequi (is bound to show reverence). Alternatively, some interpret obsequi as a dative or genitive form of the noun obsequium (respect), standing in apposition to or modifying uerecundiae (of reverence).
  2. §38.1.41.prinopia patroni ... conuenit — conuenit is the third-person singular present of the transitive verb conuenire, meaning 'to summon to court' or 'to sue.' The subject is the abstract noun inopia patroni (the poverty of the patron), using a personified expression meaning 'poverty sues the freedman' (i.e., the patron sues the freedman on the grounds of poverty).

Cite this passage

Justinian I, The Digest of Justinian §38.1.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.41.pr

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