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Justinian I · The Digest of Justinian §48.5.9.pr-48.5.9.1

Punishment for Providing Premises and Profiting from Adultery

Passage 8183 of 9271 · Latin

Summary

This text prescribes that anyone who knowingly provides premises for illicit intercourse or profits from his wife's adultery is punished as an adulterer, and clarifies that the term "house" also includes any lodging.

[IDEM In libro secundo de adulteriis. ] §48.5.9.prQui domum suam, ut stuprum adulteriumue cum aliena matre familias uel cum masculo fieret, sciens praebuerit uel quaestum ex adulterio uxoris suae fecerit: cuiuscumque sit condicionis, quasi adulter punitur.
[THE SAME, in the second book On Adultery.] Anyone who, knowingly, has provided his own house in order that illicit sexual intercourse or adultery might take place with another's mother of a family or with a male, or who has made a profit from the adultery of his own wife, of whatever condition he may be, is punished as an adulterer.
§48.5.9.1Appellatione domus habitationem quoque significari palam est.
It is clear that by the term "house", a dwelling also is signified.

Notes

  1. §48.5.9.prsciens — The participle `sciens` (knowing) functions as a nominative complement indicating the mental state (subjective element) of the subject, meaning "knowingly" or "with knowledge".
  2. §48.5.9.prcuiuscumque sit condicionis — A concessive clause introduced by the genitive `cuiuscumque` (of the relative pronoun `quicumque`) with the subjunctive verb `sit`, meaning "whatever his status may be".
  3. §48.5.9.1appellatione domus — `appellatione` is an ablative of means ("by the term"), modified by the genitive `domus`. This phrase functionally expresses an appositional meaning, "by the term 'house'".

Cite this passage

Justinian I, The Digest of Justinian §48.5.9.pr-48.5.9.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.5.9.pr-48.5.9.1

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