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Justinian I · The Digest of Justinian §49.17.13.pr

Inheritance from a Wife by a Serving Son and Manumission

Passage 8631 of 9271 · Latin

Summary

Citing a rescript of the Divine Hadrian, it states that a son designated as heir by his wife during his military service becomes the heir, and the hereditary slaves he manumits become his own freedmen.

[IDEM libro sexto decimo quaestionum. ] §49.17.13.prDiuus Hadrianus rescripsit in eo, quem militantem uxor heredem instituerat filium, extitisse heredem et ab eo seruos hereditarios manumissos proprios eius libertos fieri.
[THE SAME in his sixteenth book of Questions.] The Divine Hadrian wrote in a rescript, in the case of a son whom his wife had instituted as heir while he was serving in the army, that he had become the heir, and that the hereditary slaves manumitted by him became his own freedmen.

Notes

  1. §49.17.13.prin eo, quem militantem uxor heredem instituerat filium — In this phrase, the noun `filius`, which conceptually serves as the antecedent of the relative pronoun `quem` (anticipating `eo` after `in`), is attracted into the relative clause in the accusative case as `filium`. The present participle `militantem` agrees with `quem`, expressing the temporal circumstance "while he was serving in the army."
  2. §49.17.13.prextitisse heredem — This is the first of the two accusative-with-infinitive (AcI) clauses depending on `rescripsit`. The accusative subject `eum` (referring to `filium`) is omitted. `extitisse` is the perfect active infinitive of `exsistere` ("to turn out to be," "to become"), meaning "that he had become the heir."
  3. §49.17.13.prseruos hereditarios manumissos proprios eius libertos fieri — This is the second accusative-with-infinitive (AcI) clause depending on `rescripsit`. The subject accusative is `seruos hereditarios manumissos` ("the hereditary slaves [who had been] manumitted"), where `manumissos` is the perfect passive participle qualifying `seruos`. The infinitive is `fieri` ("to become"), and `proprios eius libertos` ("his own freedmen") is its predicate accusative.

Cite this passage

Justinian I, The Digest of Justinian §49.17.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.17.13.pr

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