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Justinian I · The Digest of Justinian §23.2.48.pr-23.2.48.2

Rights of a Patron's Son Over a Freedwoman Wife

Passage 3354 of 9271 · Latin

Summary

This chunk discusses the extension of a patron's rights to his son when marrying the father's (or a common) freedwoman, and states the exceptions if the freedwoman is infamous or has been assigned by the father to another son.

[TERENTIUS CLEMENS libro octauo ad legem Iuliam et Papiam. ] §23.2.48.prFilio patroni in libertam paternam eandemque uxorem idem iuris, quod ipsi patrono daretur, ex sententia legis accommodatur.
[TERENTIUS CLEMENS, in his eighth book on the Lex Iulia et Papia.] The same right which would be given to the patron himself is, according to the spirit of the law, granted to the son of a patron over his father's freedwoman who is also his wife.
idemque dicendum erit et si alterius patroni filius uiuo altero libertam eorum uxorem duxerit.
And the same must be said even if, while one of the patrons is still alive, the son of the other patron marries their common freedwoman.
§23.2.48.1Si ignominiosam libertam suam patronus uxorem duxerit, placet, quia contra legem maritus sit, non habere eum hoc legis beneficium.
If a patron marries his own infamous freedwoman, it is held that, because he is a husband contrary to the law, he does not have this benefit of the law.
§23.2.48.2Si uni ex filiis adsignatam alter uxorem duxerit, non idem ius quod in patrono tribuendum: nihil enim iuris habebit, quia senatus omne ius libertorum adsignatorum ad eum transtulit, cui id pater tribuit.
If, when a freedwoman has been assigned to one of the sons, the other son marries her, the same right as in the case of a patron is not to be granted to him; for he will have no right, because the senate transferred all right over assigned freedmen to him to whom the father assigned it.

Notes

  1. §23.2.48.pridem iuris, quod ipsi patrono daretur — idem iuris features a partitive genitive (iuris). The imperfect subjunctive daretur expresses a hypothetical scenario ("which would be given to the patron himself [if he were in this position]").
  2. §23.2.48.pruiuo altero — An ablative absolute construction consisting of a pronoun and an adjective ("while the other is alive"), operating without the present participle of the verb "to be".
  3. §23.2.48.2Si uni ex filiis adsignatam alter uxorem duxerit — The noun libertam (freedwoman) is omitted, so the perfect passive participle adsignatam (accusative feminine singular) functions as the direct object of duxerit. The subject alter ("the other [son]") stands in contrast to the preceding uni ("one [of the sons]").

Cite this passage

Justinian I, The Digest of Justinian §23.2.48.pr-23.2.48.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.48.pr-23.2.48.2

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