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Justinian I · The Digest of Justinian §12.2.24.pr

Effect of Son's Oath and Reference Back of Oath

Passage 1921 of 9271 · Latin

Summary

Paulus explains that the oath of a son under paternal power is more beneficial to his father than that of a slave due to his capacity to stand in judgment, and that referring back an oath does not worsen the status of their superiors.

[PAULUS libro uicensimo octauo ad edictum. ] §12.2.24.prMulto magis proderit patri religio filii, cum quo etiam iudicium consistere potest.
[PAULUS, Book XXVIII on the Edict.] The oath of a son will be of much greater benefit to his father, since a lawsuit can even be established against him.
ipsi autem referentes condicionem eorum, quibus subiecti sunt, non faciunt deteriorem.
However, when they themselves refer back the oath, they do not make the condition of those to whom they are subject worse.

Notes

  1. §12.2.24.prreligio filii — Here religio does not mean "religion" in general, but refers to the "oath" (iusiurandum) invoking divine witness and its sacred binding force. It refers to the oath of a son under paternal power (filius familias) in contrast to that of the slave (seruus) in the preceding section (12.2.23.pr).
  2. §12.2.24.prcum quo etiam iudicium consistere potest — The antecedent of the relative pronoun quo is filii (referring to the filius). Under Roman law, while a slave (seruus) could not be a party to a lawsuit, a son under paternal power (filius familias) possessed a certain capacity to stand in judgment (iudicium consistere). This legal capacity is the reason why the oath of a son is "much more" (multo magis) beneficial to his father than that of a slave.
  3. §12.2.24.prreferentes — Present participle of the verb referre (to refer back), nominative plural. It refers to the legal procedure (referre iusiurandum) where a party to whom an oath is tendered (deferre) chooses not to swear it themselves, but instead "refers it back" or throws it back to the opposing party.

Cite this passage

Justinian I, The Digest of Justinian §12.2.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.2.24.pr

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