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Justinian I · The Digest of Justinian §38.1.28.pr

Freedwoman Marriage by One Patron and Continued Services

Passage 5913 of 9271 · Latin

Summary

This passage rules that if a co-owned freedwoman marries with the consent of only one patron, the right to her services still remains for the other co-patron who did not consent.

[PAULUS libro singulari de iure patronatus. ] §38.1.28.prSi duorum pluriumue communis liberta unius patroni uoluntate nupserit, alteri patrono ius operarum manet.
[PAULUS, in his single book on the Right of Patronage.] If a female slave freed in common by two or more patrons should marry with the consent of one patron, the right to her services remains for the other patron.

Notes

  1. §38.1.28.pralteri patrono — This is a dative of benefit (dativus commodi) with the intransitive verb *manet* ("remains"), indicating for whom the right is preserved. In relation to *duorum pluriumue* ("of two or more"), *alteri* refers to the "other" patron when there are only two, or to any other patron who did not give consent when there are more than two.
  2. §38.1.28.prunius patroni uoluntate — An ablative phrase of manner or condition ("with the consent of one patron"). Under Roman law, a freedwoman's marriage normally released her from her service obligations (*operae*) if the patron consented; this rule limits that effect when only one of multiple co-patrons gives consent.

Cite this passage

Justinian I, The Digest of Justinian §38.1.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.28.pr

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