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Justinian I · The Digest of Justinian §24.3.47.pr

Bar on Dowry Retention and Accusation for a Pandering Husband

Passage 3639 of 9271 · Latin

Summary

Explains that if a husband panders his wife into adultery, he cannot retain any of her dowry, and based on the spirit of the law, his right to accuse her of adultery should also be denied.

[SCAEUOLA libro nono decimo quaestionum. ] §24.3.47.prCum mulier uiri lenocinio adulterata fuerit, nihil ex dote retinetur: cur enim improbet maritus mores, quos ipse aut ante corrupit aut postea probauit? si tamen ex mente legis sumet quis, ut nec accusare possit, qui lenocinium uxori praebuerit, audiendus est.
[SCAEVOLA, Book 19 of Questions.] When a wife has committed adultery through the pandering of her husband, nothing is retained from the dowry; for why should a husband disapprove of morals which he himself either corrupted beforehand or approved of afterwards? If, however, anyone should assume from the spirit of the law that he who has provided pandering for his wife cannot even accuse her, he ought to be heard.

Notes

  1. §24.3.47.primprobet — Present subjunctive expressing deliberation or doubt in a rhetorical question. It implies a strong negative conclusion: "for why should he disapprove (i.e., he cannot and should not disapprove)?"
  2. §24.3.47.prut nec accusare possit, qui lenocinium uxori praebuerit — The ut-clause is a noun clause functioning as the object or complement of the verb sumet ("assumes"). The subject of possit in this clause is the relative clause qui lenocinium uxori praebuerit, with its antecedent (is) omitted: "that he who has provided pandering for his wife cannot even accuse her."

Cite this passage

Justinian I, The Digest of Justinian §24.3.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.47.pr

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