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Justinian I · The Digest of Justinian §3.2.8.pr

Ignorance of a Husband's Death and the Period of Mourning

Passage 466 of 9271 · Latin

Summary

Explaining the handling of the mourning period when the husband's death was unknown, this passage notes the praetor's requirement 'when he/she knew of it' to prevent punishing ignorance, and presents Labeo's view that since mourning is continuous, a widow who learns of the death after the legal period must both put on and take off mourning garments on the very same day.

[ULPIANUS libro sexto ad edictum. ] §3.2.8.pr'Genero' inquit 'mortuo': merito adiecit praetor: 'cum eum mortuum esse sciret', ne ignorantia puniatur.
[ULPIANUS, in his Sixth Book on the Edict.] 'With the son-in-law dead,' he says. Rightly did the praetor add, 'when he/she knew him to be dead,' lest ignorance be punished.
sed cum tempus luctus continuum est, merito et ignoranti cedit ex die mortis mariti: et ideo si post legitimum tempus cognouit, Labeo ait ipsa die et sumere eam lugubria et deponere.
But since the period of mourning is continuous, it rightly runs from the day of the husband's death, even for one who is ignorant of it; and therefore, if she learned of it after the lawful period, Labeo says that on that very day she both puts on and puts off the garments of mourning.

Notes

  1. §3.2.8.prcum eum mortuum esse sciret — A `cum` clause (circumstantial) with the imperfect subjunctive `sciret`. The subject of the accusative with infinitive construction `eum mortuum esse` is `eum`, referring to the deceased son-in-law (`genero`). The subject of `sciret` (3rd person singular) refers to the father (paterfamilias) who marries off his daughter, or the woman herself.
  2. §3.2.8.pret ignoranti — Dative singular of the participle `ignorans`. It depends on the verb `cedit` (here meaning 'runs/accrues' of time). The conjunction `et` is used adverbially in the sense of 'even'.
  3. §3.2.8.pret sumere eam lugubria et deponere — An accusative with infinitive construction introduced by the verb `ait`. The subject accusative is `eam` (she), and the infinitives `sumere` and `deponere` are linked by `et ... et ...` (both ... and ...). `lugubria` (mourning garments, neuter plural accusative) is the shared object of both infinitives.

Cite this passage

Justinian I, The Digest of Justinian §3.2.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.8.pr

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