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Justinian I · The Digest of Justinian §25.4.2.pr-25.4.2.1

Relief for Women Non-compliant with Offspring Guarding

Passage 3718 of 9271 · Latin

Summary

This chunk explains the relationship between the edict on guarding the offspring and the measures modeled on the Carbonian decree, stating that the praetor should mitigate penalties if the non-compliance was due to the woman's ignorance rather than malice.

[IULIANUS libro uicesimo quarto digestorum. ] §25.4.2.prEdictum de custodiendo partu derogatorium est eius, quod ad Carboniani decreti exemplum comparatum est. §25.4.2.1Sed hoc aliquando remittere praetor debet, si non malitia, sed imperitia mulieris factum fuerit, ne uenter inspiceretur aut partus custodiretur.
[JULIANUS, Digest, Book 24]\n\nThe edict on guarding the offspring derogates from that which was established after the model of the Carbonian decree.\n\nBut the praetor ought sometimes to remit this, if it has happened through the ignorance of the woman and not through her malice that the belly was not inspected or the offspring was not guarded.

Notes

  1. 25.4.2.preius, quod — eius is the genitive neuter singular (referring to edictum) governed by the adjective derogatorium ("derogating from"). It serves as the antecedent of the relative pronoun quod, referring to "the edict which was established after the model of the Carbonian decree."
  2. 25.4.2.1factum fuerit, ne — The ne clause (ne uenter inspiceretur...) following factum fuerit (perfect subjunctive of fieri, "to happen" or "to be brought about") functions as a substantive clause of result/subject, expressing what occurred ("that the belly was not inspected..."). hoc, the object of remittere, refers to the penalty (the denial of possession) prescribed for non-compliance in the preceding sections.

Cite this passage

Justinian I, The Digest of Justinian §25.4.2.pr-25.4.2.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.4.2.pr-25.4.2.1

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