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Justinian I · The Digest of Justinian §40.7.25.pr

Sale of Statuliberi and Ban on Harsh Conditions

Passage 6496 of 9271 · Latin

Summary

Pointing out that the Twelve Tables allowed the sale of conditionally free slaves (statuliberi), while ruling that they must not be burdened with harsh conditions in the sale, such as restrictions on the place of service or prohibition of manumission.

[MODESTINUS libro nono differentiarum. ] §40.7.25.prStatuliberos uenumdari posse leges duodecim tabularum putauerunt: duris autem condicionibus in uenditione minime onerandi sunt, ueluti ne intra loca seruiant neue umquam manumittantur.
[MODESTINUS, book nine of the Differences.] The Laws of the Twelve Tables held that statuliberi can be sold; however, they should by no means be burdened in the sale with harsh conditions, such as that they should not serve within certain places, or that they should never be manumitted.

Notes

  1. §40.7.25.prstatuliberos — A legal term referring to slaves (statuliber, plural statuliberi) who have been promised their freedom under a specific future condition, such as the payment of a certain sum, usually specified in a will.
  2. §40.7.25.prne intra loca seruiant — The clauses introduced by 'ne' and 'neue' are noun clauses following 'ueluti', which exemplifies the preceding 'duris ... condicionibus' (harsh conditions). It refers to covenants in a sale that restrict the future freedom of a statuliber, such as prohibiting them from serving outside (or inside) specific territories, which would hinder their eventual enjoyment of liberty.

Cite this passage

Justinian I, The Digest of Justinian §40.7.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.7.25.pr

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