[IDEM libro tertio ad Sabinum. ] §40.9.2.prSeruo competere libertas non potest, si relegatus moratus sit in urbe.
[THE SAME, from the third book on Sabinus.] A slave cannot acquire freedom if the relegated person has stayed in the city.
Justinian I · The Digest of Justinian §40.9.2.pr
Invalidity of Manumission by an Unlawfully Present Relegated Master
Summary
A provision stating that a slave cannot acquire freedom if their relegated master has unlawfully remained in the city.
Notes
- §40.9.2.prrelegatus — In this context, this refers to the "master" of the slave. It means that if a master who has been sentenced to relegation (exile) unlawfully remains (moratus sit) in the city from which he is barred, any manumission performed during that time is invalid, and thus freedom (libertas) cannot be acquired by the slave.
- §40.9.2.prcompetere — An infinitive meaning "to belong to, accrue to, or be competent to" (referring to a right or status). Used with the dative seruo (to the slave), it expresses that the subject libertas (freedom) cannot accrue to the slave.
Cite this passage
Justinian I, The Digest of Justinian §40.9.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.9.2.pr
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