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Justinian I · The Digest of Justinian §49.17.20.pr

Validity of Father's Bequest of Liberty to Son's Slave

Passage 8638 of 9271 · Latin

Summary

Discusses a case where a son appoints his father as heir in his testament, and the father in his own testament had left freedom to the son's slave, explaining that as an exception to the Catonian Rule and in favor of liberty, the manumission is held valid because the slave is retroactively deemed to have belonged to the father from the beginning.

[PAULUS libro singulari ad regulam Catonianam. ] §49.17.20.prSed si ponas filium testamentum fecisse et patrem heredem instituisse: cum utique pater testamento suo seruo filii libertatem dedisset, qui ad eum ex testamento filii pertinere coeperit, uidendum est, numquid ei comparari debeat, qui, cum manumitteretur, alienus erat, deinde postea adquisitus est.
[PAULUS in his single book on the Catonian Rule.] But if you suppose that the son made a testament and appointed his father heir: when indeed the father had by his own testament given freedom to the son's slave, who had begun to belong to him under the testament of the son, it must be considered whether he ought to be compared to one who, when he was being manumitted, belonged to another and was subsequently acquired afterwards.
sed fauorabile est libertatem a patre relictam admittere: et ab initio patris esse eum uideri ex hoc, quod postea contigit, ostenditur.
But it is favorable to admit the freedom left by the father: and it is shown from that which occurred afterwards that he is deemed to have belonged to the father from the beginning.

Notes

  1. §49.17.20.prcum manumitteretur — Although literal for 'when he was being manumitted', in the context of testamentary manumission this refers to the time when the testament was made. Alongside the indicative 'alienus erat' (he belonged to another), it refers to the application of the 'Regula Catoniana', under which a legacy of freedom to a slave who belonged to another at the time of the making of the testament is invalid.
  2. §49.17.20.prpatris esse — A predicative use of the genitive 'patris' meaning 'to belong to the father'. The accusative-with-infinitve clause 'eum ... patris esse ... uideri' (that he is deemed to have belonged to the father) serves as the subject of the main verb 'ostenditur' (it is shown).

Cite this passage

Justinian I, The Digest of Justinian §49.17.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.17.20.pr

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