Humanitext Reader

Justinian I · The Digest of Justinian §40.9.6.pr

Manumission of One Slave by a Solvent Debtor

Passage 6528 of 9271 · Latin

Summary

Scaevola interprets Iulianus's view as assuming a debtor who has no other property, arguing that if there is sufficient property, the manumission of one slave should be allowed as solvency is maintained, and future accidental risks should not be taken into calculation.

[SCAEUOLA libro sexto decimo quaestionum. ] §40.9.6.prIulianus de eo loquitur, qui in substantia nihil aliud habeat: nam si habeat, quare non dicetur unum posse manumitti? quia et uno mortuo soluendo est, et uno manumisso soluendo est, nec aduenticii casus computandi sint: alioquin et qui unum incertum ex seruis suis promisit, neminem manumittet.
[SCAEVOLA, from the sixteenth book of questions.] Iulianus is speaking of one who has nothing else in his estate: for if he has, why shall it not be said that one of them can be manumitted? Because even if one of them dies, he is solvent, and if one is manumitted, he is solvent, and accidental events are not to be taken into calculation: otherwise, even one who has promised an unspecified one of his slaves will manumit no one.

Notes

  1. §40.9.6.prsoluendo est — An idiomatic expression meaning "is solvent." Here, 'soluendo' is the dative of the gerundive 'solvendus' (to be paid), functioning as a dative of purpose or fitness with an implied subject (such as the debtor or the estate).
  2. §40.9.6.praduenticii casus — Refers to "accidental events" or "unforeseen contingencies," such as the unexpected death of the remaining slave. The jurist argues that such future, unpredictable risks (casus) should not be taken into calculation (computandi) beforehand to restrict manumission.

Cite this passage

Justinian I, The Digest of Justinian §40.9.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.9.6.pr

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