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Justinian I · The Digest of Justinian §16.1.1.pr-16.1.1.2

Prohibition of Women's Intercession and Relief

Passage 2347 of 9271 · Latin

Summary

This section discusses the comprehensive prohibition of women's intercession under the Velleian senatusconsultum, the rationale behind it, and the equitable relief granted to the woman against the original debtor.

[PAULUS libro trigensimo ad edictum. ] §16.1.1.prUelleiano senatus consulto plenissime comprehensum est, ne pro ullo feminae intercederent.
[PAULUS, On the Edict, book 30] By the Velleian senatusconsultum it was most fully provided that women should not intercede on behalf of anyone.
§16.1.1.1Nam sicut moribus ciuilia officia adempta sunt feminis et pleraque ipso iure non ualent, ita multo magis adimendum eis fuit id officium, in quo non sola opera nudumque ministerium earum uersaretur, sed etiam periculum rei familiaris.
For just as by custom civil offices have been taken away from women and most of them are of no effect by operation of law, so much the more ought that office to have been taken away from them, in which not only their labor and bare ministry would be involved, but also the risk of their family property.
§16.1.1.2Aequum autem uisum est ita mulieri succurri, ut in ueterem debitorem aut in eum, qui pro se constituisset mulierem ream, actio daretur: magis enim ille quam creditor mulierem decepit.
However, it seemed equitable that the woman should be relieved in such a way that an action is granted against the former debtor, or against the person who had set up the woman as the debtor in his own stead; for it was he rather than the creditor who deceived the woman.

Notes

  1. §16.1.1.printercederent — The verb intercedere is a technical term in Roman law referring to 'intercessio' (intercession), which means undertaking liability on behalf of another person, such as through suretyship, joint liability, or mortgaging property.
  2. §16.1.1.1adimendum eis fuit — The combination of the gerundive adimendum and fuit expresses past obligation or necessity ('should have been taken away'). eis is a dative of separation ('from them').
  3. §16.1.1.2in ueterem debitorem — The preposition in combined with the accusative indicates the target of a legal action ('against the former debtor').

Cite this passage

Justinian I, The Digest of Justinian §16.1.1.pr-16.1.1.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.1.1.pr-16.1.1.2

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