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Justinian I · The Digest of Justinian §38.1.48.pr-38.1.48.2

Consent to a Freedwoman's Marriage and Loss of Services

Passage 5933 of 9271 · Latin

Summary

This text regulates the loss of the right to demand services by the patron and his male descendants who consented to a freedwoman's marriage, the exception for invalid marriages, and the non-application of this loss to female patrons and their female descendants.

[HERMOGENIANUS libro secundo iuris epitomarum. ] §38.1.48.prSicut patronus, ita etiam patroni filius et nepos et pronepos, qui libertae nuptiis consensit, operarum exactionem amittit: nam haec, cuius matrimonio consensit, in officio mariti esse debet.
[HERMOGENIAN, Epitomes of Law, Book II.] Just as the patron does, so also the patron's son, grandson, and great-grandson, who has consented to the marriage of a freedwoman, loses the right to demand services; for she, to whose marriage he has consented, ought to be occupied with her duties toward her husband.
§38.1.48.1Si autem nuptiae, quibus patronus consensit, nullas habeant uires, operas exigere patronus non prohibetur.
But if the marriage to which the patron consented has no validity, the patron is not prohibited from demanding services.
§38.1.48.2Patronae, item filiae et nepti et pronepti patroni, quae libertae nuptiis consensit, operarum exactio non denegatur, quia his nec ab ea quae nupta est indecore praestantur.
To a female patron, and likewise to the daughter, granddaughter, and great-granddaughter of a patron, who has consented to the marriage of a freedwoman, the demand for services is not denied, because services rendered to them by her who is married are not unseemly.

Notes

  1. §38.1.48.prqui libertae nuptiis consensit, operarum exactionem amittit — Although multiple nouns (patroni filius et nepos et pronepos) are listed as the subject, both the relative pronoun 'qui' and the verb 'amittit' are in the singular, indicating that the rule applies to each of these descendants individually (disjunctively).
  2. §38.1.48.2Patronae, item filiae et nepti et pronepti patroni — All these nouns are in the dative case, serving as the indirect object of the negated passive verb 'non denegatur' (is not denied) in the main clause.
  3. §38.1.48.2quia his nec ab ea quae nupta est indecore praestantur — The verb 'praestantur' (are rendered) is plural, requiring the ellipsis of the plural subject 'operae' (services) to be supplied from the context. 'his' is a dative feminine plural referring back to the female patrons and their female descendants.

Cite this passage

Justinian I, The Digest of Justinian §38.1.48.pr-38.1.48.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.48.pr-38.1.48.2

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