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Justinian I · The Digest of Justinian §40.1.22.pr

Manumission by a Grandson under Power with Grandfather's Consent

Passage 6316 of 9271 · Latin

Summary

It states that a grandson under power can manumit a slave with his grandfather's consent, just as a son can with his father's, and that the freed person becomes the freedman of the father or grandfather.

[IDEM libro secundo definitionum. ] §40.1.22.prNepos ex filio uoluntate aui ut filius uoluntate patris potest manumittere, sed manumissus patris uel aui libertus est.
[THE SAME, in the second book of Definitions.] A grandson by a son can manumit with the consent of his grandfather, just as a son can with the consent of his father; but the manumitted person becomes the freedman of the father or of the grandfather.

Notes

  1. §40.1.22.prut filius uoluntate patris — A comparative clause introduced by ut, where the verb phrase potest manumittere of the main clause is understood. It should be supplied as 'just as a son can manumit with the consent of his father'.
  2. §40.1.22.prpatris uel aui — The genitives patris (of the father) and aui (of the grandfather) are genitives of possession or relationship modifying libertus (freedman). It indicates that when a person under power (the grandson) manumits a slave, the freed slave becomes the freedman of the holder of paternal power (the grandfather, or potentially the father), rather than of the grandson himself.

Cite this passage

Justinian I, The Digest of Justinian §40.1.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.1.22.pr

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