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Justinian I · The Digest of Justinian §48.9.3.pr

Scope of Relatives and Spirit of the Law on Parricide

Passage 8259 of 9271 · Latin

Summary

Marcianus discusses the scope of the Pompeian law on parricide, noting that while a cousin is explicitly included, others of equal or closer degrees are not automatically embraced, and that stepmothers and betrothed women, though omitted in letter, are included within the spirit of the law.

[MARCIANUS libro quarto decimo institutionum. ] §48.9.3.prSed sciendum est lege Pompeia de consobrino comprehendi, sed non etiam eos pariter complecti, qui pari proprioreue gradu sunt.
[MARCIANUS, Institutes, Book 14] But it should be known that under the Pompeian law, a cousin is included, but that it does not equally embrace those who are of an equal or closer degree of relationship.
sed et nouercae et sponsae personae omissae sunt, sententia tamen legis continentur:
However, the persons of a stepmother and a betrothed woman are also omitted, yet they are contained within the spirit of the law:

Notes

  1. §48.9.3.prcomprehendi — Understood as an impersonal passive infinitive, meaning "to be included" or "to be comprised." It implies that provisions concerning a cousin are contained in the Pompeian law.
  2. §48.9.3.prcomplecti — Infinitive of the deponent verb complector. It is interpreted here in an active sense ("to embrace, include") with the omitted accusative subject legem (the Pompeian law) and eos as its direct object. Although it could be taken in a passive sense ("they are embraced"), the active reading is more natural in the context of defining the law's scope.
  3. §48.9.3.prpari proprioreue gradu — Ablative of quality (ablativus qualitatis), modifying the antecedent eos or serving as the complement in the qui clause, indicating the closeness of the degree of relationship (gradus).

Cite this passage

Justinian I, The Digest of Justinian §48.9.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.9.3.pr

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