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Justinian I · The Digest of Justinian §40.6.1.pr

Legal Effect When Freedom Is Revoked by Law

Passage 6470 of 9271 · Latin

Summary

Dictates the legal treatment of freedom when it is taken away by law, whether it should be held as not given or as if it had been taken away by the testator.

[TERENTIUS CLEMENS libro octauo decimo ad legem Iuliam et Papiam. ] §40.6.1.prCum libertas lege adimatur, aut pro non data haberi debet aut certe perinde obseruari, ac si a testatore adempta esset.
[TERENTIUS CLEMENS in his eighteenth book on the Lex Iulia et Papia.] When freedom is taken away by law, it ought either to be held as not given, or at least to be observed in the same manner as if it had been taken away by the testator.

Notes

  1. §40.6.1.prpro non data — The preposition pro (as / in the place of) governs the ablative. data is the ablative feminine singular of the perfect passive participle of dare, agreeing with the subject libertas, meaning 'as not given'.
  2. §40.6.1.prperinde ... ac si ... adempta esset — perinde ... ac si introduces a conditional comparison meaning 'just as if'. adempta esset is in the pluperfect subjunctive passive, expressing a counterfactual condition in the past (as if the testator had taken it away, though in fact he did not).

Cite this passage

Justinian I, The Digest of Justinian §40.6.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.6.1.pr

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