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Justinian I · The Digest of Justinian §40.9.24.pr

Priority of Manumissions Among Multiple Slaves Facing Creditors

Passage 6546 of 9271 · Latin

Summary

This fragment explains the principle of priority determining which slaves obtain freedom when an insolvent debtor manumits several, alongside Julian's analysis of an exceptional case where the first-named slave is of much higher value.

[TERENTIUS CLEMENS libro nono ad legem Iuliam et Papiam. ] §40.9.24.prSi quis, habens creditores, plures manumiserit, non omnium libertas impedietur, sed qui primi sunt, liberi erunt, donec creditoribus suum soluatur.
[TERENTIUS CLEMENS, from the ninth book on the Julian and Papian Law.] If anyone, having creditors, manumits several slaves, the liberty of all will not be hindered, but those who are first will be free, until what is due is paid to the creditors.
quam rationem Iulianus solet dicere uelut duobus manumissis, si unius libertate fraudentur, non utriusque, sed alterutrius impediri libertatem et plerumque postea scripti, nisi si quando maioris pretii sit is qui ante nominatus sit nec sufficiat posteriorem retrahi in seruitutem, prior sufficiat: nam hoc casu sequenti loco scriptum solum ad libertatem peruenturum.
Julian is accustomed to explain this principle by saying that, as in the case of two manumitted slaves, if creditors are defrauded by the liberty of one, the liberty of not both but of one of the two is hindered, and usually of the one written down later; unless when the one named first is of greater value, and it is not sufficient for the later one to be reduced back to slavery, but the prior one is sufficient. For in this case, only the one written in the subsequent place will attain liberty.

Notes

  1. §40.9.24.prdonec creditoribus suum soluatur — The conjunction donec is used with the subjunctive soluatur to express a limit or condition ("until..."). suum functions as a neuter singular noun meaning "what belongs to them" (i.e., the debt amount), indicating that manumissions are valid progressively up to the point where the creditors' claims are satisfied.
  2. §40.9.24.prsi unius libertate fraudentur — The subject of the passive verb fraudentur is understood from the context to be creditoribus (the creditors) mentioned in the preceding sentence, meaning "if they (the creditors) are defrauded by the liberty of one [of them]."
  3. §40.9.24.pret plerumque postea scripti — After the genitive postea scripti ("of the one written later"), the infinitive phrase impediri libertatem ("the liberty is hindered") from the preceding clause is ellipted. The overall meaning is "and usually the liberty of the one written down later is hindered."
  4. §40.9.24.prprior sufficiat — Within the conditional clause introduced by nisi si quando..., prior sufficiat ("the prior one is sufficient") stands in contrast with the preceding nec sufficiat posteriorem retrahi... The infinitive phrase retrahi [in seruitutem] can be understood as supplied with prior, or prior itself acts as the subject, meaning "the prior slave [their value] is sufficient" to cover the debt.

Cite this passage

Justinian I, The Digest of Justinian §40.9.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.9.24.pr

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