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Justinian I · The Digest of Justinian §48.5.10.pr-48.5.10.2

Liability for Providing Premises for Adultery and Plotting

Passage 8184 of 9271 · Latin

Summary

Ulpian discusses that anyone who provides a friend's house, or their own land or baths, for the purpose of illicit intercourse or adultery, should be held liable, and argues that even if no actual intercourse occurred there but only a meeting to plan it, the host is still deemed to have provided the place for adultery.

[ULPIANUS libro quarto de adulteriis. ] §48.5.10.prEt si amici quis domum praebuisset, tenetur.
[ULPIAN, in the fourth book On Adultery.] And if anyone has provided his friend's house, he is held liable.
§48.5.10.1Sed et si quis in agro balneoue stuprum fieri praebuisset, comprehendi debet.
But also, if anyone has provided so that illicit sexual intercourse might take place on his land or in his bath, he ought to be included.
§48.5.10.2Sed et si in domum aliquam soliti fuerint conuenire ad tractandum de adulterio, etsi eo loci nihil fuerit admissum, uerum tamen uidetur is domum suam, ut stuprum adulteriumue committeretur, praebuisse, quia sine colloquio illo adulterium non committeretur.
But even if they were accustomed to meet in some house to treat of adultery, although nothing was committed in that place, nevertheless he is deemed to have provided his house in order that illicit intercourse or adultery might be committed, because without that colloquy the adultery would not have been committed.

Notes

  1. §48.5.10.pramici — A genitive noun modifying the subsequent "domum", meaning "a friend's house".
  2. §48.5.10.1stuprum fieri praebuisset — The accusative with infinitive clause "stuprum fieri" (that illicit intercourse take place) is used as the object of "praebuisset", meaning "had provided (a place) so that illicit intercourse might take place".
  3. §48.5.10.2eo loci — An idiomatic expression consisting of the demonstrative "eo" with the partitive genitive "loci", meaning "in that place".
  4. §48.5.10.2uidetur is domum suam [...] praebuisse — A personal construction (nominativus cum infinitivo) where the verb "uidetur" (is seen/deemed) takes the nominative subject "is" and the infinitive "praebuisse", meaning "he is deemed to have provided his house".

Cite this passage

Justinian I, The Digest of Justinian §48.5.10.pr-48.5.10.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.5.10.pr-48.5.10.2

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