Humanitext Reader

Justinian I · The Digest of Justinian §40.2.2.pr

Consent to Manumission by a Usufructuary Under Twenty

Passage 6322 of 9271 · Latin

Summary

To the question of whether a usufructuary under twenty years of age can consent to the manumission of a slave, Ulpian expresses the view that he can lead the slave to freedom by giving his consent.

[ULPIANUS libro octauo decimo ad Sabinum. ] §40.2.2.prSi minor sit annis uiginti fructuarius, an consentire libertati possit? et puto consentiendo posse ad libertatem perducere.
[ULPIANUS, in the eighteenth book on Sabinus.] If a usufructuary is under twenty years of age, can he consent to a manumission? And I think that by giving his consent he can lead [the slave] to freedom.

Notes

  1. §40.2.2.prannis uiginti — A ablative of comparison depending on the comparative 'minor'. This means 'younger than twenty years (of age)'. The legal background concerns whether the age restrictions of the Lex Aelia Sentia apply to the consent of a usufructuary.
  2. §40.2.2.prconsentiendo posse ad libertatem perducere — An accusative-with-infinitive construction governed by 'puto'. The accusative subject of 'posse' ('eum' or 'fructuarium') is omitted, and the object of the transitive verb 'perducere' (the slave) is also omitted from the context. The gerund in the ablative 'consentiendo' expresses means ('by consenting').

Cite this passage

Justinian I, The Digest of Justinian §40.2.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.2.2.pr

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