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Justinian I · The Digest of Justinian §38.2.32.pr

Priority Between Patrons of a Twice-Freed Freedman

Passage 5968 of 9271 · Latin

Summary

If a freedman is returned to slavery and subsequently manumitted by another person, the new patron has priority over the original patron in the possession of goods contrary to the will.

[IDEM libro decimo digestorum. ] §38.2.32.prSi libertus meus in seruitutem redactus postea ab alio liberatus est et eius coeperit esse libertus, praefertur mihi in contra tabulas bonorum possessione qui eum manumisit.
[THE SAME, in the tenth book of the Digests.] If my freedman, having been reduced to slavery, is afterwards manumitted by another and has begun to be his freedman, the one who manumitted him is preferred to me in the possession of goods contrary to the will.

Notes

  1. §38.2.32.prqui eum manumisit — This is a relative clause with the antecedent (such as 'is') omitted, serving as the subject of the passive verb 'praefertur' (is preferred) in the main clause. It is placed after the main clause for structural emphasis.
  2. §38.2.32.prin seruitutem redactus — The perfect passive participle 'redactus' attributively modifies 'libertus meus', which is the subject of the conditional clause, indicating the past event of 'having been reduced to slavery'.

Cite this passage

Justinian I, The Digest of Justinian §38.2.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.32.pr

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