Humanitext Reader

Justinian I · The Digest of Justinian §40.5.37.pr

Unconditional Freedom for Accounting Slaves and Settlement

Passage 6449 of 9271 · Latin

Summary

This section presents a rescript of the Emperor Marcus Aurelius stating that if freedom is bequeathed unconditionally to a slave who managed accounts, the freedom must not be delayed for the rendering of accounts, but must be granted immediately, with an arbiter appointed by the praetor to oversee the settlement.

[ULPIANUS libro sexto fideicommissorum. ] §40.5.37.prSi pure data sit fideicommissa libertas et is seruus rationes administrasse dicatur, diuus Marcus rescripsit moram libertati non esse faciendam, ex continenti tamen arbitrum dandum esse, qui computationem ineat.
[ULPIANUS in the sixth book on fideicommissa.] If a fideicommissary freedom has been given unconditionally, and that slave is said to have administered accounts, the divine Marcus rescripted that delay must not be made to freedom, but that immediately an arbiter must be given to enter into the calculation.
uerba rescripti ita se habent: 'Aequius uidetur Trophimo ex causa fideicommissi praestari libertatem, quam sine condicione reddendarum rationum datam esse constat, neque humanum fuerit ob rei pecuniariae quaestionem libertati moram fieri.
The words of the rescript are as follows: 'It seems more equitable that freedom be provided to Trophimus by virtue of the fideicommissum, which it is clear was given without the condition of rendering accounts, nor would it be humane that a delay be made to freedom because of a question of monetary matters.
qua tamen repraesentata confestim arbiter a praetore erit dandus, apud quem rationem, quam administrasse eum apparuit, ex fide reddat'.
When this, however, has been immediately realized, an arbiter must at once be given by the praetor, before whom he shall in good faith render the account which it appeared he had administered'.
tantum igitur rationes reddere cogetur.
Therefore, he will only be compelled to render accounts.
sed an et reliqua restituere debeat, nihil adicitur, nec puto cogendum: nam de eo, quod in seruitute gessit, post libertatem conueniri non potest.
But whether he also ought to restore the balances, nothing is added, nor do I think he should be compelled; for concerning that which he did during his servitude, he cannot be sued after his freedom.
corpora plane rationum et si quas res uel pecunias ex his detinet cogendus est per praetorem restituere: item de singulis instruere.
Clearly, he must be compelled through the praetor to restore the physical accounts themselves, and if he detains any things or moneys from these; likewise, to provide instruction on individual items.

Notes

  1. §40.5.37.prqua tamen repraesentata — The relative pronoun `qua` refers back to the preceding `libertate` (freedom) as a linking relative, forming an ablative absolute construction. The verb `repraesentare` here means to execute or perform without delay (i.e., to grant the freedom immediately).
  2. §40.5.37.prconueniri — An impersonal passive infinitive, or a passive infinitive with the freed slave as the implied subject. In legal terminology, `conuenire` means 'to sue' or 'to bring an action against.' It illustrates the legal principle that a person cannot be sued after gaining freedom for acts committed while a slave.
  3. §40.5.37.pritem de singulis instruere — The infinitive `instruere` (to instruct, to provide information) depends on `cogendus est` (he must be compelled) from the preceding clause. `de singulis` (concerning individual items) refers to the detailed breakdown of the things or moneys to be restored.

Cite this passage

Justinian I, The Digest of Justinian §40.5.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.5.37.pr

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

Translation, notes and summary are AI-generated drafts, revised through reader feedback.