Humanitext Reader

Justinian I · The Digest of Justinian §40.4.58.pr

Manumission of an Alienated Slave Returned to the Estate

Passage 6406 of 9271 · Latin

Summary

Explains that even if a slave ordered to be free in a will is alienated by the testator, they will still obtain freedom if they return to the estate before the inheritance is entered upon and the inheritance is subsequently accepted.

[MAECIANUS libro tertio fideicommissorum. ] §40.4.58.prUerum est eum, qui liber esse iussus esset, alienatum a testatore, si ante aditam eius hereditatem rursus hereditarius fieret, mox adiretur hereditas, ad libertatem peruenire.
[MAECIANUS in the third book on Trust Bequests.] It is true that a person who had been ordered to be free, even if alienated by the testator, reaches freedom if, before his inheritance is entered upon, he should again become part of the inheritance, and the inheritance is entered upon shortly thereafter.

Notes

  1. §40.4.58.prante aditam eius hereditatem — This is an 'ab urbe condita' construction where the preposition ante is followed by an accusative noun and a perfect participle, translated as 'before his inheritance is entered upon.' Here, eius is a genitive referring to the testator.
  2. §40.4.58.prhereditarius fieret — The adjective hereditarius means 'belonging to an inheritance.' Here, it refers to the alienated slave becoming part of the deceased's estate again for some reason.

Cite this passage

Justinian I, The Digest of Justinian §40.4.58.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.4.58.pr

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