Humanitext Reader

Justinian I · The Digest of Justinian §48.5.37.pr

Liability of Minors of Pubescent Age for Adultery

Passage 8211 of 9271 · Latin

Summary

This section explains that even if a person under twenty-five commits adultery, they are held criminally liable under the Lex Julia, provided they have reached puberty.

[PAPINIANUS libro tertio quaestionum. ] §48.5.37.prSi minor annis adulterium commiserit, lege Iulia tenetur, quoniam tale crimen post pubertatem incipit.
[PAPINIANUS, Questions, Book III.] If a minor commits adultery, he is held liable under the Lex Julia, since such a crime begins after puberty.

Notes

  1. §48.5.37.prminor annis — Literally 'younger in years', referring to a 'minor' under twenty-five years of age in Roman law. Although such minors received various civil protections (such as in integrum restitutio), they were not exempt from criminal liability, especially for crimes like adultery that biologically can only occur after puberty (pubertas).
  2. §48.5.37.prtenetur — The third-person singular present passive indicative of the verb teneo (to bind, hold). Accompanied by the ablative of law (lege Iulia), it means 'to be bound by the Lex Julia', i.e., to be held liable to its penalties.

Cite this passage

Justinian I, The Digest of Justinian §48.5.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.5.37.pr

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.