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Justinian I · The Digest of Justinian §23.2.66.pr-23.2.66.1

Ban on Marriage of Guardian and Ward and Penalties

Passage 3372 of 9271 · Latin

Summary

Provisions prohibiting a tutor or curator from marrying, or marrying his son to, a female ward under twenty-six without her father's prior arrangement, and declaring it highly improper for a curator's freedman to marry such a ward.

[IDEM libro secundo sententiarum. ] §23.2.66.prNon est matrimonium, si tutor uel curator pupillam suam intra uicesimum et sextum annum non desponsam a patre nec testamento destinatam ducat uxorem uel eam filio suo iungat: quo facto uterque infamatur et pro dignitate pupillae extra ordinem coercetur.
[THE SAME, in the Second Book of Opinions.] There is no marriage if a tutor or curator marries his female ward under the age of twenty-six who has not been betrothed by her father nor designated by his will, or joins her to his son; if this is done, both are branded with infamy and punished extraordinarily according to the dignity of the ward.
nec interest, filius sui iuris an in patris potestate sit.
And it makes no difference whether the son is independent or under his father's power.
§23.2.66.1Curatoris libertum eam pupillam, cuius patronus res administrat, uxorem ducere satis inciuile est.
It is highly improper for the freedman of a curator to marry a female ward whose property his patron administers.

Notes

  1. 23.2.66.printra uicesimum et sextum annum — Means 'under the age of twenty-six' (literally, 'within the twenty-sixth year'). The preposition `intra` governs the accusative of the ordinal number `uicesimus et sextus`.
  2. 23.2.66.prquo facto — An ablative absolute construction consisting of the neuter singular ablative of the relative pronoun `quo` and the participle `facto`. At the beginning of the clause, it refers back to the entire action described in the previous sentence, serving a connective function (relative connection).
  3. 23.2.66.1cuius patronus res administrat — In this relative clause, `patronus` (patron/former master) refers to the curator (`curator`), and `res` refers to the property of the female ward (`pupilla`). It indicates the relationship where the curator, who is the patron of the freedman (`libertus`), administers the ward's assets.

Cite this passage

Justinian I, The Digest of Justinian §23.2.66.pr-23.2.66.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.66.pr-23.2.66.1

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