Humanitext Reader

Justinian I · The Digest of Justinian §47.10.39.pr

Prohibition of Mourning Attire for the Accused

Passage 8041 of 9271 · Latin

Summary

Venuleius states that wearing mourning attire or letting one's hair grow long in public to elicit sympathy for an accused person is prohibited, except for close relatives who cannot be compelled to testify against the accused.

[UENULEIUS libro secundo publicorum iudiciorum. ] §47.10.39.prUestem sordidam rei nomine in publico habere capillumue summittere nulli licet, nisi ita coniunctus est adfinitati, ut inuitus in reum testimonium dicere cogi non possit.
[VENULEIUS in the second book on Public Prosecutions.] No one is allowed to wear dirty clothing in public or to let their hair grow long on account of an accused person, unless they are so closely connected by relationship to him that they cannot be compelled against their will to give testimony against the accused.

Notes

  1. §47.10.39.prrei nomine — rei is the genitive singular of reus (the accused). nomine is an ablative meaning "in the name of" or "on account of", indicating here the intention of publicly showing sympathy or support for the accused.
  2. §47.10.39.prconiunctus est adfinitati — The dative adfinitati is governed by coniunctus est. While adfinitas strictly denotes relationship by marriage (affinity), here it broadly refers to any close familial relationship, including blood relations, that serves as a ground for refusing to testify.
  3. §47.10.39.prut inuitus in reum testimonium dicere cogi non possit — A consecutive clause (ut + subjunctive) correlative with the adverb ita. The nominative adjective inuitus agrees with the subject of the main verb possit and is translated adverbially as "against one's will". This refers to the Roman legal privilege where certain close relatives were exempt from being compelled to testify against the accused.

Cite this passage

Justinian I, The Digest of Justinian §47.10.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.10.39.pr

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