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Justinian I · The Digest of Justinian §1.9.10.pr

Scope of Children of Senators and Maternal Descendants

Passage 169 of 9271 · Latin

Summary

This section defines the legal scope of "children of senators" to include descendants born of both natural and adoptive children, with the exception that children born of a senator's daughter follow the status of their father.

[ULPIANUS libro trigensimo quarto ad edictum. ] §1.9.10.prLiberos senatorum accipere debemus non tantum senatorum filios, uerum omnes, qui geniti ex ipsis exue liberis eorum dicantur, siue naturales siue adoptiui sint liberi senatorum, ex quibus nati dicuntur.
[ULPIAN, On the Edict, book 34] We ought to understand "children of senators" to mean not only the sons of senators, but all who are said to be begotten by them or by their children, whether the children of senators from whom they are said to be born are natural or adoptive.
sed si ex filia senatoris natus sit, spectare debemus patris eius condicionem.
But if a child is born of the daughter of a senator, we must look to the condition of his father.

Notes

  1. 1.9.10.praccipere — In this context, it is used not in its general sense of 'to receive', but in the technical legal sense of 'to interpret' or 'to understand' a term in a legal text.
  2. 1.9.10.prexue — This is a variant spelling (or copyist error) for exve, which consists of the preposition ex and the enclitic disjunctive conjunction -ve ('or'). Therefore, it should be read as ex-ve liberis eorum ('or from their children').
  3. 1.9.10.prsiue naturales siue adoptiui sint liberi senatorum, ex quibus nati dicuntur — Here 'liberi senatorum' is the subject of 'sint', and 'ex quibus' is a relative clause qualifying 'liberi'. The phrase 'nati dicuntur' refers to the descendants being born from them. Literally: 'whether the children of senators, from whom they [the descendants] are said to be born, be natural or adoptive'.

Cite this passage

Justinian I, The Digest of Justinian §1.9.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.9.10.pr

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