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Justinian I · The Digest of Justinian §40.10.2.pr

Revocation of Free-Born Status and the Right of Gold Rings

Passage 6556 of 9271 · Latin

Summary

An opinion of Papinian stating that if a judgment in favor of free birth is rescinded within five years, the defeated party cannot retain the benefit of the gold rings received before the judgment.

[IDEM libro quinto decimo responsorum. ]
[BY THE SAME AUTHOR, from the fifteenth book of Opinions.]\n\nWithin five years, a judgment pronounced in favor of free birth had been rescinded.
§40.10.2.prIntra quinque annos pro ingenuitate sententia dicta rescissa fuerat: uictum anulorum aureorum beneficium, quod ante sententiam pro ingenuitate dictam acceperit ac deposuit, non retinuisse respondi.
I replied that the defeated party did not retain the benefit of the gold rings which he had received and laid aside before the judgment in favor of free birth was pronounced.

Notes

  1. 40.10.2.pruictum — The accusative masculine singular of the perfect passive participle of uincere (to win a lawsuit). Used substantively to mean 'the defeated party,' it functions as the subject accusative of the infinitive retinuisse in the accusative-with-infinitive (AcI) construction governed by respondi.
  2. 40.10.2.prsententia dicta — The combination of the nominative singular noun sententia and the perfect passive participle dicta (from dicere), serving as the subject of rescissa fuerat, meaning 'the judgment pronounced.'
  3. 40.10.2.prdeposuit — The perfect indicative of deponere ('to lay aside' or 'to surrender'). Here it refers to the fact that the person had temporarily laid aside or surrendered the privilege of the gold rings (held as a freedman) during the litigation concerning his free status.

Cite this passage

Justinian I, The Digest of Justinian §40.10.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.10.2.pr

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