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Justinian I · The Digest of Justinian §23.2.46.pr

Right to Restrict Remarriage of a Common Freedwoman

Passage 3352 of 9271 · Latin

Summary

Explains the dispute over whether a co-patron who has married a shared freedwoman has the right to prevent her from marrying another against his will, noting Javolenus' denial and the majority's correct affirmation of this right.

[GAIUS libro octauo ad legem Iuliam et Papiam. ] §23.2.46.prIllud dubitationis est, an et qui communem libertam uxorem duxerit ad hoc ius admittatur.
[GAIUS, in his eighth book on the Lex Iulia et Papia.] It is a matter of doubt whether he who has married a common freedwoman is also admitted to this right.
Iauolenus negauit, quia non proprie uidetur eius liberta, quae etiam alterius sit: aliis contra uisum est, quia libertam eius esse negari non potest, licet alterius quoque sit liberta: quam sententiam plerique recte probauerunt.
Javolenus denied it, because she does not strictly seem to be his freedwoman, since she is also that of another. To others the contrary seemed true, because it cannot be denied that she is his freedwoman, although she is also the freedwoman of another; which opinion most have rightly approved.

Notes

  1. §23.2.46.prIllud dubitationis est — Illud is a demonstrative pronoun anticipating the following indirect question clause introduced by an. dubitationis is a partitive genitive, meaning literally 'that is of doubt' or 'it is a matter of doubt.'
  2. §23.2.46.prquae etiam alterius sit — The relative pronoun quae with the subjunctive sit expresses the reason or characteristic ('since/as she is also that of another') that serves as the ground for Javolenus' judgment.
  3. §23.2.46.prlicet alterius quoque sit liberta — licet acts as a conjunction introducing a concessive clause with the subjunctive sit, meaning 'although/even if she is also the freedwoman of another.'

Cite this passage

Justinian I, The Digest of Justinian §23.2.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.46.pr

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