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Justinian I · The Digest of Justinian §48.5.38.pr

Son Accusing His Wife of Adultery Without Father's Consent

Passage 8212 of 9271 · Latin

Summary

This section explains the rule and its justification allowing a son under paternal authority to accuse his wife of adultery in a public court without his father's consent.

[IDEM libro quinto quaestionum. ] §48.5.38.prFilium familias publico iudicio adulterium in uxorem sine uoluntate patris arguere constitutum est: uindictam enim proprii doloris consequitur.
[BY THE SAME AUTHOR, Questions, Book V.] It has been established that a son under paternal authority may, without the consent of his father, accuse his wife of adultery in a public prosecution; for he pursues the vengeance of his own grief.

Notes

  1. §48.5.38.prconstitutum est — An impersonal construction taking the accusative with infinitive clause 'Filium familias ... arguere' as its subject, meaning 'it has been established that...'.
  2. §48.5.38.pradulterium in uxorem — The prepositional phrase 'in uxorem' (with accusative) modifies the noun 'adulterium', meaning 'adultery committed by the wife' or 'adultery in the person of the wife'.
  3. §48.5.38.prconsequitur — Third-person singular present of the deponent verb consequi (to pursue, attain, obtain). The implied subject is 'filius familias', which is the subject accusative of the preceding infinitive clause.

Cite this passage

Justinian I, The Digest of Justinian §48.5.38.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.5.38.pr

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