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The Digest of Justinian

§1.9.9.pr

Father's Expulsion and Daughter's Marriage to a Freedman

Papinianus states that if a senator's daughter marries a freedman, her father's subsequent expulsion from the senate does not validate the marriage, since children do not lose their acquired status due to their father's downfall.

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[PAPINIANUS libro quarto responsorum.]

[PAPINIANUS, Opinions, book 4]

§1.9.9.pr

​Filiam senatoris nuptias liberti secutam1 patris casus non facit uxorem:2 nam quaesita dignitas liberis propter casum patris remoti a senatu auferenda non est.3

​The downfall of her father does not make a senator’s daughter, who has contracted a marriage with a freedman, his wife; for a dignity once acquired ought not to be taken away from children on account of the downfall of a father who has been removed from the senate.

Syntax notes3 items
  1. 1.9.9.prnuptias liberti secutam

    Literally 'having followed the marriage of a freedman', this phrase means 'having contracted a marriage with a freedman'. The perfect participle secutam (from the deponent verb sequor) modifies filiam.

  2. 1.9.9.prnon facit uxorem

    The verb facit governs a double accusative construction with the direct object filiam and the predicate accusative uxorem ('does not make her his wife'). This means that the legally void marriage between a senator's daughter and a freedman is not validated by her father's subsequent loss of status (casus).

  3. 1.9.9.prliberis... auferenda non est

    The dative liberis is not a dative of agent with the gerundive auferenda, but rather a dative of separation commonly used with the verb of taking away (auferre). It translates to 'ought not to be taken away from the children'.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.9.9.pr