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Justinian I · The Digest of Justinian §40.4.20.pr

Fideicommissary Manumission and Praetorian Compulsion

Passage 6368 of 9271 · Latin

Summary

The passage discusses a case where a testator requested the heir to manumit bequeathed slaves on condition of their good behavior; the praetor must compel the manumission unless the slaves have committed misdeeds, and if the requested party fails to manumit them during his lifetime, his heir is immediately compelled to do so.

[AFRICANUS libro primo quaestionum. ] §40.4.20.prSeruos legauit et cauit ita: 'rogo, si te promeruerunt, dignos eos libertate existimes'. praetoris hae partes sunt, ut cogat libertatem praestari, nisi si quid tale hi serui admiserint, ut indigni sint, quo libertatem consequantur, non etiam ut talia officia ab his exigantur, pro quibus libertatem mereri debent.
[AFRICANUS in the first book of Questions.] A certain person bequeathed slaves and provided as follows: 'I ask that, if they have deserved well of you, you consider them worthy of freedom.' It is the part of the praetor to compel that freedom be granted, unless these slaves have committed some such offence that they are unworthy to obtain freedom, and not also to require from them such services by which they ought to merit freedom.
arbitrium tamen eius erit qui rogatus sit, quo tempore quemque uelit manumittere, ita ut, si uiuus non manumississet, heres eius statim libertatem praestare cogatur.
Nevertheless, the choice of the time at which he wishes to manumit each one shall belong to the person requested, in such a way that if he has not manumitted them during his lifetime, his heir shall be compelled to grant freedom immediately.

Notes

  1. §40.4.20.prpartes — A plural noun meaning "part," "duty," or "role," which, together with the genitive praetoris ("of the praetor"), forms the predicate "it is the part/duty of the praetor." The subsequent ut clauses explain the specific substance of this duty.
  2. §40.4.20.prquo — A relative adverbial or final/consecutive expression introduced by the adjective indigni ("unworthy"), equivalent to ut eo ("whereby they..."). It expresses a restrictive or consecutive sense: "such that by it they are unworthy to obtain freedom."
  3. §40.4.20.prnon etiam ut — This ut clause depends on the opening phrase praetoris hae partes sunt ("it is the part of the praetor"), expressing a negative limitation or contrast regarding the praetor's duty: "(to compel freedom...) and not also that [such services] be required from them."

Cite this passage

Justinian I, The Digest of Justinian §40.4.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.4.20.pr

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