Humanitext Reader

Justinian I · The Digest of Justinian §40.7.36.pr

Protection of Slaves Appointed as Substitute Heirs

Passage 6507 of 9271 · Latin

Summary

The text explains that jurists protected a slave designated as a substitute heir with freedom in a secondary will as a conditionally manumitted slave, and that this protection extends to subsequent substitutes.

[IDEM libro secundo definitionum. ] §40.7.36.prIn tabulis secundis filio seruum data libertate substitutum iure statuliberi prudentes munierunt: quod utilitas recipit, scilicet ut cum sua causa alienaretur, ne patris testamentum puer filius rescindat.
[THE SAME, from the second book of Definitions.] In secondary tablets of a will, the jurists protected a slave, who was substituted to a son with a grant of freedom, by the right of a conditionally manumitted slave; utility admits this, namely, that he should be alienated along with his legal condition, lest the child son should rescind the father's testament.
quae iuris auctoritas citra dilectum ordinis ad secundum quoque uel tertium substitutum porrecta est.
This authority of law has been extended, without distinction of order, to a second or third substitute as well.

Notes

  1. 40.7.36.prIn tabulis secundis — Meaning 'in the secondary tablets of a will' (pupillary substitution), which refers to an additional will made by a testator for his minor heir in case the heir dies before reaching puberty.
  2. 40.7.36.prfilio seruum data libertate substitutum — The word 'substitutum' is a perfect participle modifying 'seruum'. 'filio' (to the son) is a dative governed by 'substitutum'. 'data libertate' is an ablative absolute ('freedom having been granted'). The entire phrase acts as the direct object of 'munierunt'.
  3. 40.7.36.prcum sua causa — Here, 'causa' does not merely mean 'cause' or 'reason', but refers to the 'legal status' or 'accruing conditions/rights' of the slave, indicating that the slave is alienated while retaining his status as a conditionally manumitted slave.
  4. 40.7.36.prcitra dilectum ordinis — The preposition 'citra' governs the accusative and means 'without'. 'dilectum' is the accusative of 'dilectus' (distinction, choice), and 'ordinis' is the genitive of 'ordo' (order, degree). Together they mean 'without distinction of order'.

Cite this passage

Justinian I, The Digest of Justinian §40.7.36.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.7.36.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.