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Justinian I · The Digest of Justinian §40.11.3.pr

Full Freeborn Status of Those Restored to Birthrights

Passage 6563 of 9271 · Latin

Summary

Scaevola replies that there is absolutely no doubt that a freedman restored to his birthrights by the emperor fully enjoys the status and rights of a freeborn person.

[SCAEUOLA libro sexto responsorum. ] §40.11.3.prRespondit: quaeris, an ingenuitatis iure utatur is, quem sanctissimus et nobilissimus imperator natalibus suis restituit.
[BY SCAEVOLA, from the sixth book of Responses.] He replied: You ask whether he to whom the most sacred and most noble emperor has restored his birthrights enjoys the rights of a freeborn person.
sed ea res nec dubi tationem habet nec umquam habuit, quin exploratum sit ad omnem ingenuitatis statum restitui eum, qui isto beneficio principis utatur.
But this matter neither admits of doubt nor ever has, so that it is beyond question that he who enjoys that benefit of the emperor is restored to the full status of a freeborn person.

Notes

  1. §40.11.3.prutatur — Subjunctive present in the indirect question introduced by `an`. Since the verb `utor` governs the ablative case, `iure` (ablative singular of `ius`) is used as its object.
  2. §40.11.3.prquin exploratum sit — A `quin` clause introduced by a noun of doubt accompanied by a negative (`nec dubitationem habet`). Its predicate is the perfect subjunctive `exploratum sit` ('it is established'), which in turn takes the accusative with infinitive clause `restitui eum` ('that he is restored') as its subject.

Cite this passage

Justinian I, The Digest of Justinian §40.11.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.11.3.pr

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