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Justinian I · The Digest of Justinian §40.4.46.pr

Rights of a Conditionally Freed Slave Pardoned after Mines

Passage 6394 of 9271 · Latin

Summary

Aristo replies that a slave ordered to be freed at thirty, who is sentenced to the mines and later recalled before reaching that age, still retains his right to freedom, legacies, and conditional heirship.

[POMPONIUS libro septimo ex uariis lectionibus. ] §40.4.46.prAristo Neratio Appiano rescripsit, testamento liber esse iussus, cum annorum triginta esset, antequam ad eam aetatem perueniret si in metallum damnatus sit ac postea reuocetur, sine dubitatione cum libertate legatum ad eum pertinere neque metallorum poena ius eius mutari: nec aliud, si heres esset sub condicione institutus: futurum enim eum etiam necessarium.
[POMPONIUS in the seventh book on various readings.]\n\nAristo replied in writing to Neratius Appianus that if a slave, who was ordered by a testament to be free when he should be thirty years of age, before he reached that age was sentenced to the mines and was afterwards recalled, the legacy, without doubt, belongs to him together with his freedom, and his right is not altered by the punishment of the mines; and it would be no different if he had been instituted as heir under a condition, for he would even become a necessary heir.

Notes

  1. §40.4.46.prtestamento liber esse iussus — The nominative participle iussus functions as the logical subject or appositive to the pronoun eum in the subsequent indirect speech, referring to the slave in question.
  2. §40.4.46.prannorum triginta — A genitive of quality (genitīvus quālitātis) used to denote age.
  3. §40.4.46.prnec aliud — An infinitive such as fore or futurum esse is omitted within the indirect speech, meaning 'and it would be no different if...'.
  4. §40.4.46.prnecessarium — The noun heres is omitted; necessarium refers to a heres necessarius (a necessary heir, a slave freed and appointed as heir who had no right to decline the inheritance).

Cite this passage

Justinian I, The Digest of Justinian §40.4.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.4.46.pr

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