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Justinian I · The Digest of Justinian §50.16.243.pr

Inclusion of Slaves Manumitted Later in the Will as Freedmen

Passage 9057 of 9271 · Latin

Summary

Scaevola's response stating that slaves manumitted in a later part of the same testament are also included under the term "freedmen," unless it is clearly shown to be contrary to the deceased's intent.

[SCAEUOLA libro octauo decimo digestorum. ] §50.16.243.prScaeuola respondit: semper acceptum est, ut libertorum appellatione etiam hi contineri intellegantur, qui eodem testamento uel posteriore loco manumitterentur, nisi manifeste is, a quo peteretur, contra defuncti uoluntatem doceret peti.
[From the eighteenth book of the Digests by Scaevola.] Scaevola replied: it has always been accepted that by the term "freedmen" those also should be understood to be included who are manumitted in the same testament, or in a later place, unless he from whom the claim is made should manifestly show that the claim is being made contrary to the intention of the deceased.

Notes

  1. §50.16.243.prposteriore loco — Meaning "in a later place." It is subordinate to the preceding *eodem testamento* (in the same testament), thus meaning "in a later part of the same testament." In Roman law, the sequence of provisions within a testament could have legal significance.
  2. §50.16.243.pris, a quo peteretur — Refers to "the person from whom [the performance] is claimed," i.e., the heir or person charged with the legacy or fideicommissum. The subjunctive *peteretur* expresses a hypothetical case or is due to subordination in the *nisi* clause.
  3. §50.16.243.prdoceret peti — The present passive infinitive *peti* is used as the object of *doceret* ("should show"), with its subject accusative (referring to the claim being made) contextually omitted.

Cite this passage

Justinian I, The Digest of Justinian §50.16.243.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.243.pr

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