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Justinian I · The Digest of Justinian §23.2.39.pr-23.2.39.1

Prohibition of Marrying Collaterals and Crime of Incest

Passage 3345 of 9271 · Latin

Summary

Paulus states that marriage to a sister's great-granddaughter is impossible because the relationship is treated like that of a parent and child, and notes that marrying those forbidden by custom constitutes incest.

[PAULUS libro sexto ad Plautium. ] §23.2.39.prSororis proneptem non possum ducere uxorem, quoniam parentis loco ei sum.
[PAULUS, in the sixth book on Plautius.] I cannot marry my sister's great-granddaughter, because I am in the position of a parent to her.
§23.2.39.1Si quis ex his, quas moribus prohibemur uxores ducere, duxerit, incestum dicitur committere.
If anyone marries any of those women whom we are prohibited by custom from marrying, he is said to commit incest.

Notes

  1. §23.2.39.prparentis loco ei sum — parentis is a genitive qualifying loco (ablative of locus) meaning 'in the position of a parent'. ei is the dative of reference of the pronoun is, meaning 'to her' or 'in relation to her'.
  2. §23.2.39.1quas moribus prohibemur uxores ducere — The antecedent of the relative pronoun quas (accusative feminine plural) is an omitted feminine noun implied in the prepositional phrase ex his. moribus is the ablative plural of mos, indicating means or ground, 'by custom'. The passive verb prohibemur (first-person plural present passive of prohibeo, 'to prohibit') is constructed with the infinitive uxores ducere, meaning 'whom we are prohibited from marrying'.

Cite this passage

Justinian I, The Digest of Justinian §23.2.39.pr-23.2.39.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.39.pr-23.2.39.1

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