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Justinian I · The Digest of Justinian §48.23.4.pr

Restoration of Cognation for a Mother Restored by the Emperor

Passage 8461 of 9271 · Latin

Summary

It is argued that if a woman who conceived before being condemned to the mines is subsequently restored by the emperor after giving birth, it is more humane to consider her rights of cognation as also restored.

[PAULUS libro septimo decimo quaestionum. ] §48.23.4.prIn metallum damnata mulier eum quem prius conceperat edidit, deinde a principe restituta est.
[PAULUS, from his Seventeenth Book of Questions.] A woman condemned to the mines gave birth to a child whom she had previously conceived, and was subsequently restored by the emperor.
humanius dicetur etiam cognationis iura huic restituta uideri.
It will be said, as a more humane view, that the rights of cognation also seem to have been restored to her.

Notes

  1. §48.23.4.prhuic — The dative singular of the demonstrative pronoun hic, referring here to the mother (mulier) mentioned above. A person condemned to the mines became a 'slave of punishment' (serva poenae) and lost legal family relationships; however, this indicates that by the emperor's restoration (restitutio), the rights of cognation (cognationis iura) are deemed to have been restored to this mother.
  2. §48.23.4.prhumanius dicetur — The word humanius is the nominative neuter singular of the comparative adjective humanus, functioning predicatively or adverbially with dicetur (future passive) to mean 'it will be said as a more humane view that...'. It qualifies the entire subsequent accusative with infinitive construction (iura ... restituta uideri).

Cite this passage

Justinian I, The Digest of Justinian §48.23.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.23.4.pr

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