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Justinian I · The Digest of Justinian §40.4.56.pr

Slave's Choice Between Direct and Fideicommissary Freedom

Passage 6404 of 9271 · Latin

Summary

A slave who is granted freedom in a will both directly and by way of a trust has the power to choose which method of manumission to attain, as confirmed by a rescript of Emperor Marcus.

[PAULUS libro primo fideicommissorum. ] §40.4.56.prSi quis seruo testamento dederit libertatem et directo et per fideicommissum, in potestate serui est, utrum uelit ex directo an ex fideicommisso ad libertatem peruenire: et ita Marcus imperator rescripsit.
[PAULUS in the first book on Trusts.] If anyone has given freedom to a slave in a will both directly and by way of a trust, it is in the power of the slave whether he wishes to attain freedom directly or by way of the trust; and Emperor Marcus so replied by rescript.

Notes

  1. §40.4.56.prin potestate serui est, utrum uelit — The structure where the phrase in potestate est (it is in the power of) is followed by an indirect question introduced by utrum... an... (whether... or...) with the subjunctive uelit, indicating that the decision of which path to choose for manumission is left to the slave.
  2. §40.4.56.prdirecto ... per fideicommissum — Contrast between freedom granted directly (directo / ex directo, where the slave becomes free immediately upon the will taking effect) and freedom granted by way of a trust (per fideicommissum / ex fideicommisso, requiring an act of manumission by the trustee). Since the legal procedures and effects differ, the slave is allowed to choose.
  3. §40.4.56.pr { — The structure where the phrase in potestate est is followed by an indirect questions introduced by utrum... an... with the subjunctive uelit, showing the choice of the slave on his path to freedom.
  4. §40.4.56.prdirecto ... per fideicommissum — Contrast between freedom granted directly (directo / ex directo, where the slave becomes free immediately upon the will taking effect) and freedom granted by way of a trust (per fideicommissum / ex fideicommisso, requiring an act of manumission by the trustee). Since the legal procedures and effects differ, the slave is allowed to choose.

Cite this passage

Justinian I, The Digest of Justinian §40.4.56.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.4.56.pr

Please note the AI-draft status of the translation and the date accessed.

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