Humanitext Reader

Justinian I · The Digest of Justinian §12.2.16.pr

Oath Exemption for a Patron Married to His Freedwoman

Passage 1913 of 9271 · Latin

Summary

This section addresses the exemption of a patron who has married his freedwoman from taking an oath in an action for property carried away, as well as his exemption from the oath of calumny when tendering an oath to her.

[ULPIANUS libro decimo ad edictum. ] §12.2.16.prSi patronus libertam suam uxorem duxerit, non compelletur iurare de rerum amotarum iudicio.
[ULPIANUS, Book X on the Edict.] If a patron has married his own freedwoman, he shall not be compelled to swear in an action for property carried away.
sed et si ipse deferat iusiurandum libertae suae, de calumnia non debet iurare.
But even if he himself should tender the oath to his freedwoman, he is not obliged to swear concerning calumny.

Notes

  1. §12.2.16.prrerum amotarum iudicio — Refers to the "action for property carried away". In Roman law, a spouse was not allowed to bring an action for theft (*actio furti*), which carried infamy, against their partner for property taken in contemplation of divorce; instead, this specific action (*actio rerum amotarum*) was available.
  2. §12.2.16.prdeferat iusiurandum — A procedural term meaning "to tender/refer the oath". It refers to one party in a lawsuit challenging the other to take an oath regarding the truth of their claim, the acceptance or refusal of which could decide the case.
  3. §12.2.16.prde calumnia — Means "concerning calumny," referring to the "oath against calumny" (*iusiurandum de calumnia*), in which a party swears that they are not bringing a groundless or malicious lawsuit.

Cite this passage

Justinian I, The Digest of Justinian §12.2.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.2.16.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.