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Justinian I · The Digest of Justinian §1.6.7.pr

Succession of a Grandson to a Son's Rank upon the Father's Punishment

Passage 98 of 9271 · Latin

Summary

It explains that if a father is sentenced to a punishment such as loss of citizenship or enslavement, the grandson immediately succeeds to the position of the son in the household hierarchy.

[IDEM libro uicensimo quinto ad Sabinum. ] §1.6.7.prSi qua poena pater fuerit affectus, ut uel ciuitatem amittat uel seruus poenae efficiatur, sine dubio nepos filii loco succedit.
[THE SAME in the twenty-fifth book on Sabinus.] If a father should be affected by any punishment, such that he either loses his citizenship or is made a slave of punishment, without a doubt the grandson succeeds to the place of the son.

Notes

  1. §1.6.7.prut uel ciuitatem amittat uel seruus poenae efficiatur — A subjunctive clause introduced by the conjunction ut (amittat, efficiatur), explaining the specific consequence or content of the preceding poena. The term 'seruus poenae' (slave of punishment) is a technical term in Roman law referring to a person who lost both citizenship and freedom due to a capital crime or condemnation to the mines.
  2. §1.6.7.prfilii loco succedit — The phrase 'filii loco' is an ablative expression meaning 'in the place of the son' or 'in the status of the son'. It indicates that when the father (the son from the perspective of the head of the household) is removed from the paternal power due to loss of citizenship (capitis deminutio), his child (the grandson) steps up into the status of a son directly under the head of the household.

Cite this passage

Justinian I, The Digest of Justinian §1.6.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.6.7.pr

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