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Justinian I · The Digest of Justinian §23.2.32.pr

Prohibition of Senatorial Marriage for Arrogated Freedmen

Passage 3338 of 9271 · Latin

Summary

It regulates that a freedman who has been arrogated by a freeborn person, even if he acquired the rights of a freeborn person in that family, is still excluded from marriage with senators as a freedman.

[MARCELLUS libro primo ad legem Iuliam et Papiam. ] §23.2.32.prSciendum est libertinum, qui se ingenuo dedit adrogandum, quamuis in eius familia ingenui iura sit consecutus, ut libertinum tamen a senatoriis nuptiis repellendum esse.
[MARCELLUS in the first book on the Lex Julia et Papia.] It must be known that a freedman who has given himself to a freeborn person to be arrogated, although he has acquired the rights of a freeborn person in that family, must nevertheless be excluded from marriage with senators as a freedman.

Notes

  1. §23.2.32.prSciendum est — This is an impersonal passive construction ("it must be known") which introduces the following accusative with infinitive clause where libertinum is the subject accusative and repellendum esse is the infinitive expression of obligation.
  2. §23.2.32.prdedit adrogandum — The verb dare combined with a gerundive in the accusative (adrogandum) expresses purpose or an action to be done ("he gave himself to be arrogated"). This refers to the legal process of adrogatio, where an independent person (sui iuris) is adopted.
  3. §23.2.32.prut libertinum — The particle ut is used here to mean "as" (denoting capacity or status). In contrast to the concessive clause quamuis... ("although he has acquired the rights of a freeborn person"), it emphasizes that in the context of marriage restrictions he is still treated "as a freedman."

Cite this passage

Justinian I, The Digest of Justinian §23.2.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.32.pr

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