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Justinian I · The Digest of Justinian §40.10.1.pr-40.10.1.1

The Right of Gold Rings and Bequest of Maintenance

Passage 6555 of 9271 · Latin

Summary

Discusses the entitlement to bequeathed maintenance in cases where a freedman is granted the right of gold rings by the Emperor versus when a person is adjudged freeborn through collusion but subsequently returned to his original status upon exposure.

[PAPINIANUS libro primo responsorum. ] §40.10.1.prInter ceteros alimenta liberto relicta non idcirco non debentur, quia ius aureorum anulorum ab imperatore libertus acceperit.
[PAPINIANUS, from the first book of Opinions.] As with others, maintenance bequeathed to a freedman is not for that reason not due, because the freedman has received the right of gold rings from the Emperor.
§40.10.1.1Diuersum in eo probatur, qui iudicatus ingenuus conlusione per alium patronum detecta condicioni suae redditus alimenta sibi, quae tertius patronus reliquerat, praeberi desiderat.
A different rule is approved in the case of a person who, having been adjudged freeborn, but, collusion having been detected by another patron, is returned to his original condition, and desires that the maintenance which a third patron had bequeathed to him be provided.
hunc enim etiam beneficium anulorum amittere placuit.
For it has been decided that this person also loses the benefit of the rings.

Notes

  1. §40.10.1.prInter ceteros — Meaning "as with others" or "like other cases." It indicates that even if a freedman receives the right of gold rings (ius aureorum anulorum) and obtains a status equivalent to a freeborn person, his right to receive the bequeathed maintenance does not cease to exist, just as with other legatees.
  2. §40.10.1.1conlusione per alium patronum detecta — An ablative absolute construction consisting of the noun "conlusione" and the past participle "detecta," expressing the cause: "collusion (collusive lawsuit) having been detected by another patron."
  3. §40.10.1.1hunc enim etiam beneficium anulorum amittere placuit — The accusative-and-infinitive clause "hunc ... amittere" (that this person loses) is used as the subject of the impersonal verb "placuit" (it is decided/held).

Cite this passage

Justinian I, The Digest of Justinian §40.10.1.pr-40.10.1.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.10.1.pr-40.10.1.1

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