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Justinian I · The Digest of Justinian §23.2.65.pr-23.2.65.1

Marriage of Local Soldiers and Post-Office Validation

Passage 3371 of 9271 · Latin

Summary

States that the marriage of those serving in the military in their own homeland does not violate the mandates, and that a marriage contracted contrary to the mandates becomes lawful after the term of office if the mutual consent continues.

[PAULUS libro septimo responsorum. ] §23.2.65.prEos, qui in patria sua militant, non uideri contra mandata ex eadem prouincia uxorem ducere idque etiam quibusdam mandatis contineri.
[PAULUS, in the Seventh Book of Responses.] Those who serve in the military in their own homeland are not considered to marry a wife from the same province contrary to the mandates, and this is also contained in certain mandates.
§23.2.65.1Idem eodem respondit mihi placere, etsi contra mandata contractum sit matrimonium in prouincia, tamen post depositum officium, si in eadem uoluntate perseuerat, iustas nuptias effici: et ideo postea liberos natos ex iusto matrimonio legitimos esse.
The same writer answered in the same response that it is my opinion that, even if a marriage has been contracted in a province contrary to the mandates, nevertheless, after the office is laid down, if they persevere in the same will, a lawful marriage is effected; and therefore, children born afterwards are legitimate as born from a lawful marriage.

Notes

  1. §23.2.65.prEos... contineri — This sentence is an accusative with infinitive (AcI) construction with the main verb of speaking (such as respondit) omitted, understood in indirect speech since the work is a collection of "Responses".
  2. §23.2.65.1mihi placere — mihi refers to the author Paulus himself. placere is an impersonal expression meaning "it is my opinion" or "it pleases me," introducing an accusative with infinitive clause that acts as the object of respondit in the main clause.
  3. §23.2.65.1post depositum officium — The preposition post governs the noun officium, which is modified by the perfect passive participle depositum. This is an instance of the "ab urbe condita" construction, meaning "after the office has been laid down" or "after retirement/termination of office."
  4. §23.2.65.1si in eadem uoluntate perseuerat — Although perseuerat is in the third person singular, in this context it refers to the state where the parties to the marriage (the couple, or either of them) continue to maintain their mutual matrimonial consent (affectio maritalis).

Cite this passage

Justinian I, The Digest of Justinian §23.2.65.pr-23.2.65.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.65.pr-23.2.65.1

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