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Justinian I · The Digest of Justinian §45.3.34.pr

Stipulation by a Freed Slave Ignorant of Manumission

Passage 7542 of 9271 · Latin

Summary

The text discusses a stipulation made for an heir by a slave manumitted by will who was ignorant of his freedom; if the heirs knew of the manumission, they acquire nothing, as no lawful servitude exists.

[IAUOLENUS libro secundo ad Plautium. ] §45.3.34.prSi seruus testamento manumissus, cum se liberum esse ignoraret et in causa hereditaria maneret, pecuniam heredi stipulatus est, nihil debebitur heredibus, si modo scierint eum testamento manumissum, quia non potest uideri iustam seruitutem seruisse iis, qui illum liberum esse non ignorabant.
[JAVOLENUS, from the second book on Plautius.] If a slave who has been manumitted by will, while being ignorant of his freedom and remaining in the capacity of an heir, has stipulated for money for the heir, nothing will be owed to the heirs, provided they knew that he had been manumitted by will; because he cannot be deemed to have served a lawful servitude to those who were not ignorant that he was free.
distat ista causa eius, qui liber emptus bona fide seruit, quia in eo et ipsius et emptoris existimatio consentit: ceterum is, qui scit hominem liberum esse, quamuis ille condicionem suam ignoret, ne possidere quidem eum potest uideri.
This case differs from that of one who, being a free man, was bought and serves in good faith, because in that case the opinion of both the person himself and the purchaser agrees; but he who knows that a man is free, although that man is ignorant of his own condition, cannot be deemed even to possess him.

Notes

  1. §45.3.34.prin causa hereditaria maneret — The phrase 'in causa hereditaria' means 'in the position of the inheritance' or 'remaining in connection with the hereditary estate'. It refers to the situation where, despite having been manumitted, the person continues to act as if he were still a slave belonging to the inheritance, being ignorant of his freedom.
  2. §45.3.34.priustam seruitutem seruisse — The noun 'seruitutem' is a cognate accusative with the verb 'seruio' (to serve, be a slave). Here, 'iustam seruitutem seruisse' means 'to have served a lawful servitude' or 'to have been in a legally valid state of slavery'.
  3. §45.3.34.prne possidere quidem eum potest uideri — The subject of the infinitive 'possidere' is the occupant, namely 'is, qui scit hominem liberum esse' (he who knows that a man is free), while 'eum' (him) is its object referring to the free man who is ignorant of his condition. Combined with the passive 'potest uideri' (cannot be deemed), the phrase means 'he cannot be deemed even to possess him'.

Cite this passage

Justinian I, The Digest of Justinian §45.3.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.34.pr

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