Humanitext Reader

Justinian I · The Digest of Justinian §4.4.5.pr

Praetorian Relief for Defrauded Slaves Awaiting Manumission

Passage 707 of 9271 · Latin

Summary

Ulpian argues that if a slave entitled to immediate trust-freedom is defrauded during a delay in his manumission, the praetor ought to grant him relief.

[ULPIANUS libro undecimo ad edictum. ] §4.4.5.prSi tamen is seruus fuit, cui fideicommissaria libertas debebatur praesens, et fuit captus, cum re mora ei fit, poterit dici praetorem ei succurrere oportere.
[ULPIANUS in the eleventh book on the Edict.] If, however, that person was a slave to whom an immediate trust-freedom was owed, and he was defrauded at a time when, in fact, a delay was being made to him, it can be said that the praetor ought to grant him relief.

Notes

  1. §4.4.5.prpraetorem ei succurrere oportere — This is an accusative-with-infinitive construction depending on poterit dici ('it can be said'). The accusative praetorem acts as the subject of oportere ('ought to'), which in turn takes the infinitive succurrere ('to relieve'). The dative pronoun ei is governed by succurrere and refers to the slave (is seruus).
  2. §4.4.5.prcum re mora ei fit — The conjunction cum takes the indicative present fit to introduce a temporal clause ('when...'). The ablative re is used adverbially to mean 'in fact' or 'in reality' (re ipsa). The phrase mora fit ei ('delay is made to him') describes the situation where the delivery of his freedom has been delayed.

Cite this passage

Justinian I, The Digest of Justinian §4.4.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.4.5.pr

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