Humanitext Reader

Justinian I · The Digest of Justinian §23.2.6.pr

Validity of Marriage in Absence and Wife's Duty to Mourn

Passage 3312 of 9271 · Latin

Summary

Cinna's text is cited to show a concrete case confirming the validity of marriage, where a wife must mourn for her husband who died on his way home after marrying her in her absence.

[ULPIANUS libro trigesimo quinto ad Sabinum. ] §23.2.6.prDenique Cinna scribit: eum, qui absentem accepit uxorem, deinde rediens a cena iuxta Tiberim perisset, ab uxore lugendum responsum est.
[ULPIANUS in the thirty-fifth book on Sabinus.]\n\nConsequently, Cinna writes that it was answered that a man who had married an absent wife, and then, returning from a dinner, had perished near the Tiber, must be mourned by his wife.

Notes

  1. §23.2.6.preum ... lugendum — The accusative 'eum' is the subject of the passive periphrastic infinitive phrase 'eum ... lugendum [esse]'. 'ab uxore' is an ablative of agent used with the gerundive. The entire infinitive phrase functions as the subject clause of the impersonal passive 'responsum est' (it was answered).
  2. §23.2.6.prabsentem accepit uxorem — Meaning 'accepted/married an absent wife (into his house)'. This presents a concrete application of the legal principle established in the preceding section (§23.2.5.pr), according to which a marriage is contracted when an absent woman is led into her husband's house.
  3. §23.2.6.prperisset — The subjunctive pluperfect is used because the verb is in a relative clause ('qui...') subordinate to the indirect speech governed by 'scribit' and 'responsum est'.

Cite this passage

Justinian I, The Digest of Justinian §23.2.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.6.pr

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