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Justinian I · The Digest of Justinian §23.2.62.pr-23.2.62.2

Marriage Bans with Mother-Appointed Tutors and Freedmen

Passage 3368 of 9271 · Latin

Summary

The text discusses the invalidity of marriage between a ward and a tutor appointed by the mother, despite the mother having discretion over her daughter's marriage, and outlaws marriages with a husband's freedman and a ward's mother.

[IDEM libro quarto responsorum. ] §23.2.62.prQuamquam in arbitrio matris pater esse uoluerit, cui nuptum filia communis collocaretur, frustra tamen ab ea tutor datus eligetur: neque enim intellegitur pater de persona tutoris cogitasse, cum ideo maxime matrem praetulit, ne filiae nuptias tutori committeret.
[THE SAME, in the Fourth Book of Opinions.] Although a father wished it to be at the discretion of the mother to whom their common daughter should be given in marriage, yet a tutor appointed by her is chosen in vain: for it is not understood that the father had thought of the person of the tutor, since he preferred the mother especially for this reason, that he might not entrust the daughter's marriage to a tutor.
§23.2.62.1Mulier liberto uiri ac patroni sui mala ratione coniungitur.
A woman is unlawfully joined to the freedman of her husband and patron.
§23.2.62.2Tutor, qui rationes curatori reddidit, puellam suam ante constitutum tempus aetatis eius uxorem ducere nec matrem ex alio matrimonio factam potest.
A tutor, who has rendered his accounts to a curator, cannot marry his ward before the prescribed time of her age, nor her mother who became such from another marriage.

Notes

  1. §23.2.62.prnuptum — An accusative supine of purpose used in combination with the verb collocare (to give in marriage).
  2. §23.2.62.prcum ... praetulit — The conjunction cum with the indicative perfect verb praetulit is used to present a factual reason ('since' or 'inasmuch as').
  3. §23.2.62.2matrem ex alio matrimonio factam — The perfect participle factam modifies matrem, referring to a woman who became the mother (or stepmother) of the ward through another marriage.

Cite this passage

Justinian I, The Digest of Justinian §23.2.62.pr-23.2.62.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.62.pr-23.2.62.2

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