Humanitext Reader

Justinian I · The Digest of Justinian §40.1.19.pr

Compulsory Manumission after Receiving Money for Redemption

Passage 6313 of 9271 · Latin

Summary

The author discusses that a master who has received money to manumit his slave can be forced to do so against his will, explaining that cases involving payment by close natural relatives are treated similarly to self-redemption.

[PAPINIANUS libro trigensimo quaestionum. ] §40.1.19.prSi quis ab alio nummos acceperit, ut seruum suum manumittat, etiam ab inuito libertas extorqueri potest, licet plerumque pecunia eius numerata sit, maxime si frater uel pater naturalis pecuniam dedit: uidebitur enim similis ei qui suis nummis redemptus est.
[PAPINIANUS, in the thirtieth book of Questions.] If anyone has received money from another in order to manumit his slave, freedom can be extorted even from him against his will, although in most cases that money was paid as the slave's own; especially if a natural brother or father gave the money, for he will seem similar to one who has been redeemed with his own money.

Notes

  1. §40.1.19.prab inuito — Ablative of the adjective inuito used substantively, meaning "from one who is unwilling." It refers to the subject of acceperit (the master) who, after receiving the money, refuses to manumit the slave.
  2. §40.1.19.prlicet plerumque pecunia eius numerata sit — The conjunction licet introduces a concessive clause with the subjunctive (numerata sit), meaning "although." The genitive eius refers to the slave (seruum suum), indicating that the money paid was usually from the slave's own funds (e.g., peculium).

Cite this passage

Justinian I, The Digest of Justinian §40.1.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.1.19.pr

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