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Justinian I · The Digest of Justinian §38.2.18.pr

Freedman's Estate and Legitimacy of Patron's Children

Passage 5954 of 9271 · Latin

Summary

It rules that while a patroness's children can obtain the possession of the goods of their mother's freedman even if born out of wedlock, a patron's children can only do so if born in lawful wedlock.

[PAULUS libro quadragensimo tertio ad edictum. ] §38.2.18.prPatronae quidem liberi etiam uolgo quaesiti accipient materni liberti bonorum possessionem, patroni autem non nisi iure quaesiti.
[PAULUS, in the forty-third book on the Edict.] The children of a patroness, even if born out of wedlock, shall receive the possession of goods of their mother's freedman; but those of a patron, only if born in lawful wedlock.

Notes

  1. §38.2.18.prpatroni — This is in the genitive singular, standing in parallel with the preceding `Patronae`. The subject `liberi` (nominative plural) is omitted, meaning `patroni liberi` (the children of a patron).
  2. §38.2.18.pruolgo quaesiti — Meaning "born out of wedlock" or "of uncertain fatherhood". In Roman law, the maternal relationship (cognatio) was established by the fact of birth alone, allowing a patroness's illegitimate children to claim the estate of her freedman. Conversely, paternal lineage required lawful marriage, hence the restriction of `iure quaesiti` (lawfully born) for a patron's children.

Cite this passage

Justinian I, The Digest of Justinian §38.2.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.18.pr

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