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Justinian I · The Digest of Justinian §40.4.52.pr

Valid Testamentary Manumission and Subsequent Restrictions

Passage 6400 of 9271 · Latin

Summary

An imperial rescript declaring that once freedom is validly granted to a slave in a soldier's testament, subsequent restrictive conditions (such as remaining with the heir) are ineffective to revoke that freedom, and that the same rule applies to the testaments of civilians.

[PAULUS libro duodecimo quaestionum. ] §40.4.52.prImperatores Missenio Frontoni: 'Testamento militis his uerbis adscripta libertate: 'Stephanum seruum meum liberum esse uolo' uel 'iubeo' adita hereditate libertas competit: et ideo ea, quae postea adiecta sunt: 'sic tamen, ut cum herede meo sit quo usque iuuenis sit: quod si noluerit aut contempserit, iure seruitutis teneatur' ad reuocandam libertatem, quae competit, non sunt efficacia'. idem et in paganorum testamentis obseruatur.
[PAULUS in the twelfth book of Questions.] The Emperors to Missenius Fronto: "When freedom has been bequeathed in a soldier's testament by these words: 'I wish my slave Stephanus to be free' or 'I order,' freedom is competent upon the acceptance of the inheritance; and therefore those words which were added afterwards: 'provided, however, that he remain with my heir as long as he is a youth; but if he refuses or slights this, let him be held under the right of slavery,' are not effective to revoke the freedom which is competent." The same is also observed in the testaments of civilians.

Notes

  1. §40.4.52.pradita hereditate — Ablative absolute consisting of the perfect passive participle "adita" (from "adire", to enter upon) and the noun "hereditate" (inheritance), denoting the moment when the heir formally accepts the inheritance (aditio).
  2. §40.4.52.prsic tamen, ut ... teneatur — The restrictive "sic ut" (provided, however, that) construction, governing the present subjunctive passive "teneatur," which forms a subsequent limitation or condition attached to the grant of freedom.
  3. §40.4.52.prpaganorum — A classical legal term meaning "civilians" or "non-soldiers" as opposed to soldiers ("milites"). It does not carry the later Christian meaning of "pagans." While soldier's testaments (testamenta militum) enjoyed various privileges, this text clarifies that the same rule of law applies to civilian testaments as well.

Cite this passage

Justinian I, The Digest of Justinian §40.4.52.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.4.52.pr

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