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Justinian I · The Digest of Justinian §23.2.64.pr-23.2.64.2

Scope and Penalties of Marriage Ban between Tutors and Wards

Passage 3370 of 9271 · Latin

Summary

Explains the senatorial decree prohibiting marriage between tutors and female wards, detailing the banishment of a freedman tutor, the extension of the ban to the tutor's outside heirs, and the exemption for a male ward marrying his tutor's daughter.

[CALLISTRATUS libro secundo quaestionum. ] §23.2.64.prLibertum eundemque tutorem pupillae eo, quod in matrimonium collocata ipsi tutori suo uel filio eius est, senatus relegandum censuit.
[CALLISTRATUS, in the Second Book of Questions.] The senate decreed that a freedman who is at the same time the tutor of a female ward should be relegated, for the reason that she was given in marriage to her tutor himself or to his son.
§23.2.64.1Senatus consulti, quo prohibentur tutores et filii eorum pupillas suas ducere, puto heredem quoque tutoris extraneum sententia adprehendi, cum ideo prohibuerit huiusmodi nuptias, ne pupillae in re familiari circumscribantur ab his, qui rationes eis gestae tutelae reddere compelluntur.
I think that an outside heir of the tutor is also included within the scope of the senatusconsultum by which tutors and their sons are prohibited from marrying their female wards, since it prohibited marriages of this kind for this reason: lest female wards be defrauded in their property by those who are compelled to render to them accounts of the administered guardianship.
§23.2.64.2Tutor autem pupilli non prohibetur filiam suam collocare pupillo suo in matrimonium.
A tutor of a male ward, however, is not prohibited from giving his daughter in marriage to his ward.

Notes

  1. §23.2.64.prcollocata... est — The feminine singular perfect passive participle collocata indicates that the female ward (pupilla) is the implied subject of the quod clause, whereas the subject of the infinitive in the main clause is the freedman tutor (Libertum eundemque tutorem).
  2. §23.2.64.1Senatus consulti — The genitive Senatus consulti at the beginning of the sentence modifies the ablative sententia (by the spirit/intent) in the main clause, spanning across the relative clause quo... ducere, representing a major hyperbaton.

Cite this passage

Justinian I, The Digest of Justinian §23.2.64.pr-23.2.64.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.64.pr-23.2.64.2

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