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Justinian I · The Digest of Justinian §3.2.17.pr

Infamy for Independent Women Deceiving the Praetor

Passage 475 of 9271 · Latin

Summary

Ulpian discusses the punishment of a woman who deceived the praetor, stating that she is only marked with infamy if she committed the act while she was independent (suae potestatis).

[ULPIANUS libro octauo ad edictum. ] §3.2.17.prdebuit enim coerceri quae praetorem decepit.
[ULPIANUS, in his Eighth Book on the Edict.] For she who deceived the praetor ought to have been punished.
sed ea notatur, quae cum suae potestatis esset hoc facit.
But she is marked [with infamy] who does this when she was independent.

Notes

  1. §3.2.17.prquae praetorem decepit — The relative clause `quae praetorem decepit` acts as the grammatical subject of the main verb `debuit` (which governs the passive infinitive `coerceri`), with its antecedent (such as `ea`) being omitted.
  2. §3.2.17.prnotatur — The verb `notare` is used here as a technical legal term meaning to be marked or registered with "infamy" (infamia) under the praetor's edict.
  3. §3.2.17.prsuae potestatis esset — The genitive `suae potestatis` is a genitive of quality or condition used with `esse` to mean "being of one's own power," indicating an independent person (sui iuris) who is not under another's paternal authority (patria potestas) in Roman law. The imperfect subjunctive `esset` is used in the circumstantial `cum` clause.

Cite this passage

Justinian I, The Digest of Justinian §3.2.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.17.pr

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