Humanitext Reader

Justinian I · The Digest of Justinian §23.2.26.pr

Prohibition of Marriage for Women Accused of Adultery

Passage 3332 of 9271 · Latin

Summary

Modestinus' response stating that women accused of adultery cannot be married by another, even before conviction, while the husband is looking on.

[IDEM libro quinto responsorum. ] §23.2.26.prRespondit reas adulterii factas nec ante damnationem uidente marito uxores duci posse.
[THE SAME in the fifth book of Responses.] He replied that women accused of adultery cannot be taken as wives, even before conviction, while the husband is looking on.

Notes

  1. §23.2.26.pruidente marito — Ablative absolute consisting of the present participle 'uidente' and the noun 'marito'. Literally 'while the husband is looking on', it legally implies that the husband is still alive and the marriage is still considered to subsist, or that the husband is aware of the accusation.
  2. §23.2.26.prreas ... uxores duci posse — Accusative with infinitive (A.C.I.) construction serving as the object of 'respondit'. 'reas (adulterii factas)' is the subject accusative of 'posse', 'duci' is the passive infinitive, and 'uxores' is a predicate accusative ('as wives').

Cite this passage

Justinian I, The Digest of Justinian §23.2.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.26.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.