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Justinian I · The Digest of Justinian §48.5.35.pr-48.5.35.1

Definition of Stuprum and Distinction from Adultery

Passage 8209 of 9271 · Latin

Summary

Modestinus defines the crime of stuprum as keeping a free woman for sexual relations without marriage (excepting a concubine), and distinguishes between adultery (committed with a married woman) and stuprum (committed against a widow, virgin, or boy).

[MODESTINUS libro primo regularum. ] §48.5.35.prStuprum committit, qui liberam mulierem consuetudinis causa, non matrimonii continet, excepta uidelicet concubina.
[MODESTINUS, Rules, Book I.] He commits stuprum who keeps a free woman for the sake of habitual intercourse and not for marriage, with the exception, of course, of a concubine.
§48.5.35.1Adulterium in nupta admittitur: stuprum in uidua uel uirgine uel puero committitur.
Adultery is committed with a married woman; stuprum is committed against a widow, a virgin, or a boy.

Notes

  1. §48.5.35.prconsuetudinis causa — The noun consuetudo (custom, habit) here denotes "habitual sexual relations" or "intercourse." Thus, consuetudinis causa means "for the purpose of maintaining a sexual relationship" rather than with marital intent.
  2. §48.5.35.prexcepta uidelicet concubina — An ablative absolute construction (excepta concubina) with the adverb uidelicet (of course, namely) inserted. In Roman law, concubinage (concubinatus) was a legally recognized semi-marital union; thus, keeping a concubine did not constitute the crime of stuprum, even though it was not a formal marriage (matrimonium).
  3. §48.5.35.1in nupta admittitur — The preposition in with the ablative case means "in the case of" or "against." The verb admittere is used here in the passive sense meaning "to be committed." It specifies that the crime of adultery (adulterium) is legally defined as being committed with or against a married woman (nupta).

Cite this passage

Justinian I, The Digest of Justinian §48.5.35.pr-48.5.35.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.5.35.pr-48.5.35.1

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