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Justinian I · The Digest of Justinian §23.2.4.pr

Conditions for an Underage Bride to Become a Lawful Wife

Passage 3310 of 9271 · Latin

Summary

Pomponius' view that a female married under twelve years of age becomes a lawful wife only when she completes her twelfth year at her husband's home.

[POMPONIUS libro tertio ad Sabinum. ] §23.2.4.prMinorem annis duodecim nuptam tunc legitimam uxorem fore, cum apud uirum explesset duodecim annos.
[POMPONIUS in the third book on Sabinus.] A female married under twelve years of age will then become a lawful wife, when she has completed twelve years at her husband's.

Notes

  1. §23.2.4.prMinorem annis duodecim — annis duodecim is an ablative of comparison depending on the comparative minorem, meaning "under twelve years of age." minorem, along with the participle nuptam, serves as the subject accusative (feminine singular) of the accusative-and-infinitive construction.
  2. §23.2.4.prfore — A contracted form of futuram esse (future infinitive). It functions as the predicate of the accusative-and-infinitive construction without an explicit governing verb, which is typical for summarizing juristic opinions in indirect discourse (oratio obliqua).
  3. §23.2.4.prexplesset — A syncopated form of explevisset (pluperfect active subjunctive, third-person singular). The subjunctive is used because it is in a subordinate clause (cum-clause) within indirect discourse, representing a future perfect action relative to the future infinitive (fore) of the main clause.

Cite this passage

Justinian I, The Digest of Justinian §23.2.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.4.pr

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