Humanitext Reader

Justinian I · The Digest of Justinian §40.12.41.pr-40.12.41.1

Priority in Freedom Suits and Damage to Masters' Property

Passage 6606 of 9271 · Latin

Summary

This section addresses the priority of hearing for a party claiming the possession of freedom when their status is unclear, and the duty of the judge to examine the misappropriation or damage of the master's property by the slave acting on confidence of their freedom.

[PAULUS libro singulari de articulis liberalis causae. ] §40.12.41.prSi in obscuro sit, in quo fuerit statu is, qui pro libertate sua litigat, prior audiendus est probare uolens se ipsum in libertatis esse possessionem.
[PAULUS, in the single book on Clauses of Freedom Suits.] If it is unclear what status he was in who is litigating for his freedom, the one who wishes to prove that he himself is in the possession of freedom should be heard first.
§40.12.41.1Iudex autem, qui de libertate cognoscit, etiam de rebus amotis damnoue facto cognoscere debet: fieri enim potest, ut fiducia libertatis et subripere quaedam et corrumpere atque consumere ex bonis, quibus seruiebat, ausus sit.
Moreover, a judge who takes cognizance of freedom must also take cognizance of property removed or damage done; for it can happen that, through confidence in his freedom, he has dared both to purloin certain things, and to damage and consume them from the property which he was serving.

Notes

  1. §40.12.41.prin quo fuerit statu — The clause "in quo fuerit statu" is an indirect question with the perfect subjunctive "fuerit." It functions as the subject clause for "Si in obscuro sit."
  2. §40.12.41.prprior audiendus est — "prior" is a nominative adjective used adverbially to mean "first" or "preferentially." "audiendus est" is a passive periphrastic conjugation (gerundive + sum) expressing necessity or obligation.
  3. §40.12.41.prin libertatis esse possessionem — This is an accusative-and-infinitive construction with "se ipsum" as the subject accusative of "esse." The use of the accusative "possessionem" with "in" (where the ablative "possessione" would normally express a state of being "in possession") may suggest entry into that state, or represent a manuscript variation/corruption.
  4. §40.12.41.1fiducia libertatis — "fiducia" is an ablative of cause ("by confidence in," "relying on"), and "libertatis" is an objective genitive dependent on it.

Cite this passage

Justinian I, The Digest of Justinian §40.12.41.pr-40.12.41.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.12.41.pr-40.12.41.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.