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Justinian I · The Digest of Justinian §24.3.56.pr

General Stipulation for Dowry Return upon Wife's Loss of Status

Passage 3648 of 9271 · Latin

Summary

The jurist argues that a general stipulation for the return of a dowry covers cases where the wife is captured, deported, or enslaved, and that the amount to be recovered should more humanely be based on the rules for death rather than divorce.

[IDEM libro sexto ad Plantium. ] §24.3.56.prSi quis sic stipuletur a marito: 'si quo casu Titia tibi nupta esse desierit, dotem dabis'? hac generali commemoratione et ab hostibus capta ea committetur stipulatio uel etiam si deportata fuerit uel ancilla effecta: hac enim conceptione omnes hi casus continentur.
[THE SAME, On Plautius, book sixth.] If anyone should secure a promise from a husband in this way: "If by any event Titia should cease to be married to you, will you give the dowry?"—by this general mention, the stipulation will be activated even if she is captured by enemies, or even if she is deported or made a slave; for by this phrasing, all these cases are encompassed.
plane quantum ueniat in stipulatione, utrum quasi mortua sit an quasi diuortium fecerit? humanius quis id competere dixerit, quod propter mortem conuenit.
Clearly, as to how much comes into the stipulation, whether as if she had died or as if she had divorced, someone might more humanely say that what is agreed upon on account of death applies.

Notes

  1. §24.3.56.prTitia tibi nupta esse desierit — nupta is an adjective ("married") taking the dative tibi ("married to you"). desierit is the future perfect (or perfect subjunctive) third-person singular of desinere ("to cease"), governing the infinitive esse, expressing a change of state.
  2. §24.3.56.pret ab hostibus capta — The conjunction et functions adverbially here, meaning "even". capta is the perfect passive participle in the nominative feminine singular, agreeing with the subject ea (=Titia), acting as a circumstantial participle with a concessive or conditional force.
  3. §24.3.56.prhumanius quis id competere dixerit — dixerit is a perfect subjunctive functioning as a potential subjunctive ("someone might/would say"). competere is an infinitive in an accusative-and-infinitive construction with the subject accusative id ("that it applies/is applicable"). The comparative adverb humanius ("more humanely/reasonably") modifies dixerit.

Cite this passage

Justinian I, The Digest of Justinian §24.3.56.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.56.pr

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