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Justinian I · The Digest of Justinian §40.12.43.pr

Fideicommissary Freedom for Embezzling Slaves and Arbiter

Passage 6608 of 9271 · Latin

Summary

Quoting a rescript of Emperor Hadrian, this text rules that for slaves who embezzled their masters' property and then claimed freedom under a trust, an arbiter must be appointed quickly to determine what is secured for the heir before manumission is enforced.

[POMPONIUS libro tertio senatus consultorum. ] §40.12.43.prDe his, qui bona eorum quibus seruiebant intercepissent, deinde ad libertatem proclamabant, Hadrianus imperator rescripsit, cuius rescripti uerba haec sunt: 'Sicut non est aequum fiducia libertatis, quae ex fideicommissi causa praestanda est, intercipere hereditariam pecuniam, ita nec libertati praestandae moram quaeri oportet.
[POMPONIUS, in the third book on Senate-Consults.] Concerning those who had embezzled the property of those whom they were serving, and then sued for their freedom, the Emperor Hadrian issued a rescript, the words of which rescript are as follows: 'Just as it is not equitable, on the reliance of freedom which is to be granted under a trust, to embezzle money belonging to the inheritance, so also no delay ought to be sought for the granting of freedom.
quam primum ergo arbitrum dare debeat, apud quem constaret, quid seruari potest heredi, antequam ad seruum manumittendum compelleretur'.
Therefore, [the magistrate] should appoint an arbiter as soon as possible, before whom it may be established what can be secured for the heir, before he is compelled to manumit the slave.'

Notes

  1. 40.12.43.prfiducia libertatis — The ablative 'fiducia' means 'relying on the confidence of,' and 'libertatis' is an objective genitive. It refers to taking advantage of the expectation of being manumitted in the future.
  2. 40.12.43.prdebeat — The third-person singular subject of the verb 'debeat' is contextually understood to be the magistrate or judge (such as the praetor or praeses) administering the legal process.
  3. 40.12.43.prcompelleretur — The subject of the imperfect subjunctive 'compelleretur' is the heir (heres), who is under an obligation to manumit the slave.

Cite this passage

Justinian I, The Digest of Justinian §40.12.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.12.43.pr

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