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Justinian I · The Digest of Justinian §3.2.23.pr

Discretion in Mourning Relatives and Absence of Infamy

Passage 481 of 9271 · Latin

Summary

This text states that mourning for deceased relatives (parents, children, and other agnates or cognates) is left to individual discretion and affection, and failing to observe the full mourning period for them does not result in infamy.

[ULPIANUS libro octauo ad edictum. ] §3.2.23.prParentes et liberi utriusque sexus nec non et ceteri adgnati uel cognati secundum pietatis rationem et animi sui patientiam, prout quisque uoluerit, lugendi sunt: qui autem eos non eluxit, non notatur infamia.
[ULPIAN, in his Eighth Book on the Edict.]\n Parents, and children of either sex, as well as other agnates or cognates, are to be mourned according to the measure of dutiful affection and the endurance of one's own mind, just as each person wishes; but he who has not completed the mourning for them is not marked with infamy.

Notes

  1. §3.2.23.prlugendi sunt — Passive periphrastic conjugation combining the gerundive of lugere with esse. The subjects are the deceased relatives (parentes, liberi, etc.), meaning "they are to be mourned" by the survivors.
  2. §3.2.23.preluxit — Third-person singular perfect active indicative of the compound verb elugere, which means to complete the full period of mourning (ex- + lugere), contrasting with the simple lugere.

Cite this passage

Justinian I, The Digest of Justinian §3.2.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.23.pr

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