Humanitext Reader

Justinian I · The Digest of Justinian §48.2.2.pr-48.2.2.1

Exceptional Prosecutions and Will Disputes by Women and Wards

Passage 8129 of 9271 · Latin

Summary

Papinian discusses the exceptional cases where women are permitted to bring a public prosecution, such as for the death of certain relatives, and outlines the rights of minors, under the guidance of their tutors, to prosecute the death of their father or grandfather and to take legal action regarding wills.

[PAPINIANUS libro primo de adulteriis. ] §48.2.2.prCertis ex causis concessa est mulieribus publica accusatio, ueluti si mortem exequantur eorum earumque, in quos ex lege testimonium publicorum inuitae non dicunt.
[PAPINIANUS, on Adultery, Book 1] For certain reasons, a public prosecution is allowed to women, as, for example, if they prosecute the death of those men or women against whom they are not compelled by law to give evidence in a public trial against their will.
idem et in lege Cornelia testamentaria senatus statuit: sed et de testamento paterni liberti uel materni mulieribus publico iudicio dicere permissum est.
The senate established the same also under the Cornelia law on wills; but it is also permitted to women to plead in a public trial concerning the will of a paternal or maternal freedman.
§48.2.2.1Pupillis ex consilio tutorum patris mortem, item pupillae aui sui mortem exequi concessum est.
It is allowed to male wards, on the advice of their tutors, to prosecute the death of their father, and likewise to a female ward to prosecute the death of her grandfather.
lege autem testamentaria nam de patris quidem testamento pupillis agere diuus Uespasianus permisit: sed quasi non exhibeantur tabulae, per interdictum possunt experiri.
However, under the law on wills—for the divine Vespasian indeed permitted wards to bring an action concerning their father's will—they can proceed by interdict, as if the tablets were not produced.

Notes

  1. §48.2.2.prin quos — The relative pronoun `in quos` refers back to the antecedent `eorum earumque`, functioning with the preposition `in` governed by the phrase `testimonium dicere` (to give evidence against someone).
  2. §48.2.2.1lege autem testamentaria — The ablative phrase `lege... testamentaria` at the beginning presents the legal framework explained by the subsequent clause starting with `nam`, resulting in a slight anacoluthon where it functions as a topic marker rather than being syntactically integrated with the main verb `possunt experiri`.
  3. §48.2.2.1quasi non exhibeantur tabulae — The conjunction `quasi` followed by the present subjunctive passive `exhibeantur` expresses a hypothetical condition contrary to fact ('as if the tablets were not produced').

Cite this passage

Justinian I, The Digest of Justinian §48.2.2.pr-48.2.2.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.2.2.pr-48.2.2.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.