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Justinian I · The Digest of Justinian §40.2.16.pr-40.2.16.1

Affection as Cause and Conditional Manumission Under Twenty

Passage 6336 of 9271 · Latin

Summary

It states that judges must approve reasons for manumission based on genuine affection rather than luxury, and outlines the procedure for a person under twenty to manumit a slave transferred under a condition.

[ULPIANUS libro secundo ad legem Aeliam Sentiam. ] §40.2.16.prIllud in causis probandis meminisse iudices oportet, ut non ex luxuria, sed ex affectu descendentes causas probent: neque enim deliciis, sed iustis affectionibus dedisse iustam libertatem legem Aeliam Sentiam credendum. §40.2.16.1Si quis minori uiginti annis hac lege seruum dederit aut pretio accepto uel donationis causa, ut eum liberum faciat, potest ille causam manumissionis istius probare, hoc ipsum allegans legem datam, et perducere ad libertatem: ergo hic debet ostendere hoc inter ipsos actum, ut proinde uel ex lege donationis uel ex affectione eius qui dedit res aestimetur.
[ULPIANUS, in the second book on the Aelian-Sentian Law.] proving causes, judges ought to remember that they should approve causes that arise not from luxury but from affection; for it must be believed that the Aelian-Sentian Law granted just freedom not to luxury but to just affection. anyone has given a slave to a person under twenty years of age under this condition, either having accepted a price or for the sake of donation, so that he should make him free, the latter can prove the cause of that manumission, alleging this very thing, namely that a condition was imposed, and bring him to freedom; therefore he ought to show that this was transacted between them, so that the matter may accordingly be evaluated either from the condition of the donation or from the affection of the one who gave.

Notes

  1. §40.2.16.prIllud ... ut non ex luxuria, sed ex affectu descendentes causas probent — The pronoun 'Illud' is proleptic, anticipating the content of the subsequent 'ut' clause, and functions as the object of the infinitive 'meminisse' with 'iudices' as its subject. The 'ut' clause acts as a noun clause explaining what the judges must remember.
  2. §40.2.16.prdeliciis, sed iustis affectionibus — These are in the dative case, serving as the indirect objects of the infinitive 'dedisse', indicating the recipient or the basis to which the Aelian-Sentian Law granted freedom.
  3. §40.2.16.1minori uiginti annis — 'minori' is in the dative case as the indirect object of 'dederit' ('given to...'). 'uiginti annis' is an ablative of comparison modifying the comparative 'minori' ('younger than twenty years').
  4. §40.2.16.1hoc ipsum allegans legem datam — 'legem datam [esse]' is an accusative with infinitive clause functioning as the object of the present participle 'allegans', meaning 'that a condition (lex) was imposed (data)'. 'hoc ipsum' stands in apposition to emphasize this fact.

Cite this passage

Justinian I, The Digest of Justinian §40.2.16.pr-40.2.16.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.2.16.pr-40.2.16.1

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