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Justinian I · The Digest of Justinian §1.5.23.pr

Definition of Non-Marital Children and Origin of Spurii

Passage 87 of 9271 · Latin

Summary

Defines children conceived commonly (non-marital children) and explains the etymology of the term 'spurii' from the Greek word for sowing.

[IDEM libro primo pandectarum. ] §1.5.23.prUolgo concepti dicuntur qui patrem demonstrare non possunt, uel qui possunt quidem, sed eum habent, quem habere non licet.
[BY THE SAME, in the first book of the Pandects.] Those who are conceived commonly are said to be those who cannot point out their father, or who indeed can, but have one whom it is not lawful to have.
qui et spurii appellantur παρὰ τὴν σποράν.
These are also called spurii, after the Greek word σπορά.

Notes

  1. §1.5.23.pruolgo concepti — A legal term consisting of the adverb uolgo (commonly, indiscriminately) and the participle concepti (those conceived), referring to children conceived out of wedlock where no specific father can be legally established.
  2. §1.5.23.preum habent, quem habere non licet — The noun patrem is understood after the antecedent eum. It refers to a situation where someone has a father whom the law does not permit them to have (for example, due to incestuous or prohibited unions).
  3. §1.5.23.prπαρὰ τὴν σποράν — The preposition παρά with the accusative here expresses origin or derivation, used for etymological explanation. It reflects the ancient popular etymology that derives the Latin term spurii (bastards) from the Greek word σπορά (sowing, scattering, copulation).

Cite this passage

Justinian I, The Digest of Justinian §1.5.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.5.23.pr

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