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Justinian I · The Digest of Justinian §40.2.25.pr

Manumission by a Ward to Procure a Guardian

Passage 6345 of 9271 · Latin

Summary

Contrasts Fufidius' opinion, which allows manumission by a ward for the purpose of obtaining a tutor, with Nerva the son's opposing view, which rejects it due to the ward's weak judgment, supporting the latter as more correct.

[GAIUS libro primo de manumissionibus. ] §40.2.25.prSi tutoris habendi causa pupillus manumittat, probationi esse causam Fufidius ait, Nerua filius contra sentit, quod uerius est: namque perabsurdum est in eligendo tutore firmum uideri esse iudicium pupilli, cuius in omnibus rebus ut infirmum iudicium tutore auctore regitur.
[GAIUS, in the first book on manumissions.] If a ward should manumit for the purpose of having a tutor, Fufidius says that the reason is acceptable, but Nerva the son thinks the contrary, which is more correct; for it is extremely absurd that the judgment of a ward should seem firm in choosing a tutor, when in all matters his judgment, as being weak, is directed with the authorization of a tutor.

Notes

  1. §40.2.25.prprobationi — A dative of purpose or result (predicative dative), which, together with the infinitive esse taking causam as its subject, means 'that the reason is acceptable (or presents grounds for approval).'
  2. §40.2.25.prtutore auctore — An ablative absolute construction consisting of two nouns, meaning 'with a tutor as the authorizer,' i.e., 'with the authorization of a tutor.'
  3. §40.2.25.prcuius — Genitive singular of the relative pronoun qui, whose antecedent is pupilli; cuius... iudicium means 'the judgment of which ward.'

Cite this passage

Justinian I, The Digest of Justinian §40.2.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.2.25.pr

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