[ULPIANUS libro tertio ad legem Iuliam et Papiam. ] §24.2.11.prQuod ait lex: 'diuortii faciendi potestas libertae, quae nupta est patrono, ne esto', non infectum uidetur effecisse diuortium, quod iure ciuili dissoluere solet matrimonium.
[ULPIANUS, in the third book on the Lex Julia et Papia.] As to the provision of the law, "A freedwoman who is married to her patron shall not have the power of making a divorce," it does not seem to have made the divorce void, which by civil law is accustomed to dissolve a marriage.
quare constare matrimonium dicere non possumus, cum sit separatum.
Therefore, we cannot say that the marriage still exists, since they have separated.
denique scribit Iulianus de dote hanc actionem non habere.
Lastly, Julian writes that she does not have this action concerning the dowry.
merito igitur, quamdiu patronus eius eam uxorem suam esse uult, cum nullo alio conubium ei est.
Justly therefore, as long as her patron wishes her to be his wife, she has no conubium with any other person.
nam quia intellexit legis lator facto libertae quasi diremptum matrimonium, detraxit ei cum alio conubium.
For because the legislator understood that the marriage was as it were dissolved by the act of the freedwoman, he deprived her of conubium with anyone else.
quare cuicumque nubserit, pro non nupta habebitur.
Therefore, whomever she may marry, she will be regarded as unmarried.
Iulianus quidem amplius putat nec in concubinatu eam alterius patroni esse posse.
Julian indeed goes further and thinks that she cannot even be in concubinage with another.
§24.2.11.1Ait lex: 'quamdiu patronus eam uxorem esse uolet'. et uelle debet uxorem esse et patronus durare: si igitur aut patronus esse aut uelle desierit, finita est legis auctoritas.
The law says: "as long as the patron wishes her to be his wife." And he must both wish her to be his wife and continue to be her patron: therefore, if he ceases either to be her patron or to wish her to be his wife, the authority of the law is ended.
§24.2.11.2Illud rectissime placuit, qualiquali uoluntate intellegi possit patronus animum habere desisse quasi in uxorem, finiri legis huius beneficium.
It has been most correctly held that, by whatever indication of will it can be understood that the patron has ceased to have the affection as for a wife, the benefit of this law is ended.
proinde cum patronus rerum amotarum cum liberta, quae ab inuito eo diuorterat, uellet experiri, imperator noster cum diuo patre suo rescripsit intellegi eum hoc ipso nolle nuptam sibi, qui eam actionem uel aliam inportet, quae non solet nisi ex diuortio oriri.
Accordingly, when a patron wished to sue for property removed against a freedwoman who had divorced him against his will, our Emperor, together with his divine father, issued a rescript stating that he is understood, by this very fact, not to wish her to be married to him, since he brings this action or any other which is not accustomed to arise except from divorce.
quare si accusare eam adulterii coeperit uel alio crimine postulare, quod uxori nemo obicit, magis est, ut diremptum sit matrimonium: etenim meminisse oportet ideo adimi cum alio conubium, quia patronus sibi nuptam cupit.
Therefore, if he begins to accuse her of adultery or to prosecute her for some other crime which no one charges a wife with, it is more reasonable that the marriage is dissolved: for indeed we must remember that conubium with another is taken away for the reason that the patron desires her to be married to himself.
ubicumque igitur uel tenuis intellectus uideri potest nolentis nuptam, dicendum est iam incipere libertae cum alio esse conubium.
Wherever, therefore, even a slight indication can be seen of his not wishing her to be married to him, it must be said that the freedwoman now begins to have conubium with another.
proinde si patronus sibi desponderit aliam uel destinauerit uel matrimonium alterius appetierit, credendus est nolle hanc nuptam: et si concubinam sibi adhibuerit, idem erit probandum.
Accordingly, if the patron has betrothed another woman to himself, or designated her, or sought marriage with another, he must be believed not to wish this woman to be married to him; and if he has taken a concubine for himself, the same must be held.