Humanitext Reader

Justinian I · The Digest of Justinian §40.12.33.pr

Sale of Free Persons and Actions Against Innocent Buyers

Passage 6598 of 9271 · Latin

Summary

This section provides that a person who knowingly purchases a free person cannot oppose their claim to freedom even with the person's consent, but if sold to an innocent third party, the claim to freedom will be denied to that free person.

[IDEM libro singulari de liberali causa. ] §40.12.33.prQui sciens liberum emit, quamuis et ille se pateretur uenire, tamen non potest contradicere ei qui ad libertatem proclamat: sed si alii eum ignoranti uendiderit, denegabitur ei proclamatio.
[THE SAME, in the single book on freedom suits.] He who knowingly purchases a free person, even though that person himself allowed himself to be sold, cannot nevertheless oppose him when he proclaims his freedom; but if he has sold him to another who is ignorant of the fact, the proclamation of freedom shall be denied to him.

Notes

  1. §40.12.33.pruenire — The present active infinitive of the verb uēneo (to be sold). Although spelled the same as uenīre (to come, from uĕnio, differing only in vowel length), in this context it means 'to be sold' within the accusative and infinitive construction 'se pateretur uenire'.
  2. §40.12.33.prei — The dative pronoun 'ei' in the phrase 'denegabitur ei proclamatio' refers to the free person ('eum') who was sold, rather than to the innocent third-party purchaser ('alii ignoranti'). This means that, to protect the innocent purchaser, the free person will be denied the right to bring a claim for freedom against them.

Cite this passage

Justinian I, The Digest of Justinian §40.12.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.12.33.pr

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