Humanitext Reader

Justinian I · The Digest of Justinian §40.14.1.pr

Patron's Challenge to False Freeborn Status Declared by a Third Party

Passage 6615 of 9271 · Latin

Summary

This text lays down the rule that if a freedman is declared freeborn in a suit conducted by a third party, his patron is permitted to initiate an inquiry to dispute that status without any limitation of time.

[MARCELLUS libro septimo digestorum. ] §40.14.1.prSi libertus alterius alio agente ingenuus pronuntiatus esse dicetur, sine ulla exceptione temporis patronus eius cognitionem solet exercere.
[MARCELLUS, in the Seventh Book of the Digests.] If the freedman of one person is said to have been declared freeborn with another person conducting the suit, his patron is accustomed to conduct an inquiry without any limitation of time.

Notes

  1. §40.14.1.pralio agente — An ablative absolute construction consisting of the pronoun alius and the present participle agens. It indicates a situation where a third party other than the patron was conducting the lawsuit regarding the status.
  2. §40.14.1.pringenuus pronuntiatus esse dicetur — A nominative with infinitive (NCI) construction. The subject libertus at the beginning of the clause serves as the grammatical subject of the passive verb dicetur and the logical subject of the perfect passive infinitive pronuntiatus esse, with ingenuus acting as its predicate nominative.
  3. §40.14.1.prexceptione temporis — The noun exceptio ('defense' or 'plea') with the genitive temporis ('of time') refers to a procedural defense or limitation based on the lapse of time, equivalent to a statute of limitations in Roman civil procedure.

Cite this passage

Justinian I, The Digest of Justinian §40.14.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.14.1.pr

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.