Humanitext Reader

Justinian I · The Digest of Justinian §40.5.18.pr

Freedom Conditioned on Good Conduct in Managing Accounts

Passage 6428 of 9271 · Latin

Summary

A juristic opinion deciding that a bequest of freedom to a slave conditional on good conduct regarding accounts should be granted, provided there is no ground for complaint after the testator's death.

[SCAEUOLA libro uicensimo tertio digestorum. ] §40.5.18.prTestamento ita cauit: 'Pamphilus, si bene se gesserit rationibus meis, liber esto': quaesitum est, cum manente eodem testamento post aliquot annos decesserit nec ullae querellae locus de Pamphilo circa rationes patroni sit, an ex testamento libertatem sit consecutus.
[SCAEVOLA, from the twenty-third book of the Digests.] He made a provision in his will as follows: 'Let Pamphilus be free, if he shall have conducted himself well with respect to my accounts': the question was asked, whether, since the testator died some years later with the same will remaining in force, and there is no room for any complaint concerning Pamphilus regarding his patron's accounts, he obtained his freedom under the will.
respondit nihil proponi, cur non sit consecutus.
He replied that no reason was presented why he should not have obtained it.

Notes

  1. 40.5.18.prdecesserit — The third-person singular perfect subjunctive of the verb "decedere" (to die). The subject is not explicitly stated, but refers to the testator who made the will.
  2. 40.5.18.prnihil proponi — An accusative and infinitive (AcI) construction depending on "respondit", where "proponi" is the present passive infinitive and "nihil" is its subject accusative, followed by the indirect question "cur non sit consecutus".

Cite this passage

Justinian I, The Digest of Justinian §40.5.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.5.18.pr

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