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Justinian I · The Digest of Justinian §3.2.19.pr

Infamy for Women and Fathers in Malicious Possession

Passage 477 of 9271 · Latin

Summary

This section states that only a woman who has been declared to have entered into possession for the purpose of calumny is marked with infamy, and that this rule also applies to a father who permitted his daughter to do so.

[ULPIANUS libro octauo ad edictum. ] §3.2.19.prNon alia autem notatur quam ea, de qua pronuntiatum est calumniae causa eam fuisse in possessionem missam.
[ULPIANUS, in his Eighth Book on the Edict.] However, no other woman is marked with infamy than she concerning whom it has been pronounced that she was sent into possession for the purpose of calumny.
idque et in patre erit seruandum, qui calumniae causa passus est filiam, quam in potestate habebat, in possessionem uentris nomine mitti.
And this shall also be observed in the case of a father who, for the purpose of calumny, has permitted his daughter, whom he had under his power, to be sent into possession in the name of the unborn child.

Notes

  1. §3.2.19.prNon alia autem notatur quam ea — The verb "notatur" refers to being marked with infamy (infamia) under the praetor's edict. The correlative construction "non alia... quam ea" (no other than she), combined with the restrictive relative clause starting with "de qua," limits the imposition of infamy strictly to those who have been formally judged.
  2. §3.2.19.prpronuntiatum est calumniae causa eam fuisse in possessionem missam — The impersonal passive "pronuntiatum est" (it has been pronounced/decided) takes the accusative and infinitive clause "eam fuisse... missam" (that she had been sent...) as its subject. The phrase "calumniae causa" is an ablative of purpose or cause, denoting malicious intent or bad faith aimed at vexing the opponent.
  3. §3.2.19.prpassus est filiam ... mitti — The deponent verb "passus est" (from patior, to permit/allow) governs the accusative and infinitive construction "filiam... mitti" (the daughter to be sent). The intervening relative clause "quam in potestate habebat" explicitly links the daughter to the father's patriarchal power (patria potestas), establishing the basis of the father's legal liability for permitting her action.

Cite this passage

Justinian I, The Digest of Justinian §3.2.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.19.pr

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