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Justinian I · The Digest of Justinian §40.1.17.pr

Slaves Acquired in Military Service and Father's Manumission

Passage 6311 of 9271 · Latin

Summary

This section states that slaves acquired by a son of a family in camp are not counted in the father's family, and the father has no power to manumit them.

[IDEM libro sexto regularum. ] §40.1.17.prSerui, quos filius familias in castris quaesiit, non in patris familia computabuntur: nec enim pater tales filii seruos manumittere poterit.
[THE SAME, in the sixth book of Rules.] Slaves whom a son of a family has acquired in camp shall not be counted in the father's family; for indeed the father will not be able to manumit such slaves of his son.

Notes

  1. §40.1.17.prfilius familias — "familias" is an archaic genitive singular of the noun "familia". "filius familias" (son of a family) refers to a son who is under paternal power (patria potestas).
  2. §40.1.17.prin castris — Literally "in camp". It refers to property acquired by a son during military service (peculium castrense), over which the son himself, rather than the father, had the power of disposal.
  3. §40.1.17.prtales filii seruos — "tales" (accusative plural) modifies "seruos", and "filii" (genitive singular) indicates possession ("of the son"), meaning "such slaves of the son".

Cite this passage

Justinian I, The Digest of Justinian §40.1.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.1.17.pr

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