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Justinian I · The Digest of Justinian §40.5.40.pr-40.5.40.1

Manumission of Gifted Slaves and Testator Prohibition

Passage 6452 of 9271 · Latin

Summary

On the question of whether there is an obligation to manumit a slave gifted during life through a subsequent will, it is determined that she cannot be compelled unless she accepts other legacies; also, a restriction on manumission imposed on a legatee does not bind the testator himself.

[IDEM libro quinto decimo responsorum. ] §40.5.40.prLucius Titius Septiciae filiae suae naturali Concordiam ancillam suam donauit: idem postea testamento filiae suae cum aliis quibusdam ancillam supra scriptam legauit, ut manumitteretur: quaero, an Septicia filia naturalis ancillam supra scriptam manumittere cogi possit.
[THE SAME in the fifteenth book of responsa.] Lucius Titius donated his female slave Concordia to his natural daughter Septicia; afterwards, by his will, the same man bequeathed the above-mentioned female slave to his daughter along with certain other things, in order that she might be manumitted. I ask whether the natural daughter Septicia can be compelled to manumit the above-mentioned female slave.
Paulus respondit, si uiuo patre naturali donatio ancillae fuit neque patris naturalis iudicium in ceteris legatis filia adgnouit, non posse eam compelli ancillam propriam ex causa fideicommissi manumittere.
Paulus replied that, if the donation of the female slave took place while the natural father was alive, and the daughter did not accept the judgment of her natural father in the other bequests, she cannot be compelled to manumit her own female slave on the ground of a fideicommissum.
§40.5.40.1Lucius Titius Stichum seruum Maeuio legauit et petit, ut neque ab eo neque ab herede eius umquam manumitteretur.
Lucius Titius bequeathed the slave Stichus to Maevius and requested that he should never be manumitted, either by him or by his heir.
Paulus respondit testatorem potuisse postea hunc seruum ad libertatem perducere, quia non sibi legem dixisset, sed legatario.
Paulus replied that the testator could afterwards bring this slave to freedom, because he had not prescribed a law for himself, but for the legatee.

Notes

  1. §40.5.40.prneque patris naturalis iudicium in ceteris legatis filia adgnouit — Meaning 'and the daughter did not accept the judgment of her natural father in the other bequests'. 'iudicium' refers to the testator's disposition or decision, and 'adgnouit' (from 'adgnoscere') means accepting the benefits and associated duties arising from the will. It shows the legal principle that the obligation to manumit a slave who has already become her own property ('ancillam propriam') through an inter vivos gift cannot be enforced unless she accepts other benefits arising from the same will.
  2. §40.5.40.1quia non sibi legem dixisset, sed legatario — Meaning 'because he had not prescribed a law for himself, but for the legatee'. 'legem dicere' means to impose a condition or rule, with 'sibi' and 'legatario' acting as its dative complements. The subjunctive pluperfect 'dixisset' is used in the causal clause ('quia') within indirect speech, in accordance with the sequence of tenses after the past-tense main verb 'respondit'.

Cite this passage

Justinian I, The Digest of Justinian §40.5.40.pr-40.5.40.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.5.40.pr-40.5.40.1

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