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Justinian I · The Digest of Justinian §23.2.29.pr

Exception for Freedwomen Manumitted for Marriage

Passage 3335 of 9271 · Latin

Summary

Shows that the rule prohibiting marriage with an unwilling freedwoman goes back to a decree of Ateius Capito, while noting an exception if she was manumitted for the purpose of marriage.

[ULPIANUS libro tertio ad legem Iuliam et Papiam. ] §23.2.29.prquod et Ateius Capito consulatu suo fertur decreuisse.
[ULPIAN in the third book on the Lex Julia et Papia.] This is what Ateius Capito also is said to have decreed during his consulship.
hoc tamen ita obseruandum est, nisi patronus ideo eam manumisit, ut uxorem eam ducat.
This rule, however, is to be observed in this way, unless the patron manumitted her for the purpose of marrying her.

Notes

  1. §23.2.29.prquod — A relative pronoun connecting to the preceding sentence (D. 23.2.28.pr), serving as the direct object of the infinitive decreuisse.
  2. §23.2.29.prfertur decreuisse — The verb fertur forms a nominative with infinitive (NcI) construction with the subject Ateius Capito, meaning 'Ateius Capito is said to have decreed.'
  3. §23.2.29.prideo ... ut — The demonstrative adverb ideo correlates with the following purpose clause introduced by ut, emphasizing the specific purpose: 'for the purpose of marrying her.'

Cite this passage

Justinian I, The Digest of Justinian §23.2.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.29.pr

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