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Justinian I · The Digest of Justinian §40.12.32.pr

Senatusconsultum on Property of Declared Freeborn Persons

Passage 6597 of 9271 · Latin

Summary

A senatusconsultum concerning the distribution of the property of those whose freeborn status is established after having been in slavery or freed status, distinguishing between those defended from slavery and those who reclaimed their origin.

[PAULUS libro sexto regularum. ] §40.12.32.prDe bonis eorum, qui ex seruitute aut libertate in ingenuitatem uindicati sunt, senatus consultum factum est, quo cauetur de his quidem, qui ex seruitute defensi essent, ut id dumtaxat ferrent, quod in domo cuiusque intulissent: in eorum autem bonis, qui post manumissionem repetere originem suam uoluissent, hoc amplius, ut, quod post manumissionem quoque adquisissent non ex re manumissoris, secum ferant, cetera bona relinquerent illi, ex cuius familia exissent.
[PAULUS, in the sixth book of rules.] With regard to the property of those who have been vindicated into the status of freeborn from slavery or the status of a freedman, a senatusconsultum was enacted, by which it is provided: as for those indeed who have been defended from slavery, that they should carry away only that which they had brought into the house of each owner; whereas, in the case of the property of those who, after manumission, wished to reclaim their own origin, additionally, that they may carry away with them what they had acquired after manumission also, provided it was not from the property of the manumissor, and should leave the remaining property to the person from whose household they had departed.

Notes

  1. §40.12.32.prquo cauetur — quo is a relative pronoun in the ablative case, referring back to the antecedent senatus consultum. cauetur is used impersonally ('it is provided'). The subsequent ut clauses (ut ... ferrent and ut ... ferant ... relinquerent) express the substance of the decree (jussive/volitive noun clauses).
  2. §40.12.32.prnon ex re manumissoris — ex re means 'from the property' or 'out of the affairs/transactions of'. It refers to acquisitions that did not originate from the patron's capital or business, but were acquired independently or based on their original freeborn status.
  3. §40.12.32.prilli, ex cuius familia exissent — The dative demonstrative pronoun illi serves as the indirect object of the verb relinquerent, referring to the manumissor (patron). The subjunctive exissent in the relative clause characterizes their departure or exit from the household of the former master.

Cite this passage

Justinian I, The Digest of Justinian §40.12.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.12.32.pr

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