Humanitext Reader

Justinian I · The Digest of Justinian §24.2.10.pr

Restrictions on Divorce by a Freedwoman Married to Her Patron

Passage 3589 of 9271 · Latin

Summary

This passage states that a freedwoman married to her patron cannot leave him against his will, unless she was manumitted on account of a fideicommissum.

[MODESTINUS libro primo regularum. ] §24.2.10.prPatrono inuito liberta, quam in matrimonio habuit, ab eo discedere non potest, nisi ex causa fideicommissi manumissa sit: tunc enim potest, licet eius fit liberta.
[MODESTINUS, in the first book of Rules.] Against the will of her patron, a freedwoman whom he had in marriage cannot depart from him, unless she was manumitted because of a fideicommissum; for in that case she can, even though she is his freedwoman.

Notes

  1. §24.2.10.prPatrono inuito — An ablative absolute consisting of the noun patronus and the adjective invitus, lacking a participle. It expresses a concessive or conditional meaning: "against the will of the patron" or "the patron being unwilling."
  2. §24.2.10.prlicet eius fit liberta — A concessive clause introduced by the conjunction licet ("although," "even if"). Although the verb appears as fit in some manuscripts, it is understood as a scribal error for the present subjunctive sit, meaning "even though she is his freedwoman."

Cite this passage

Justinian I, The Digest of Justinian §24.2.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.2.10.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.