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Justinian I · The Digest of Justinian §49.14.27.pr

Confiscation of Dowry for Failure to Avenge Wife's Death

Passage 8548 of 9271 · Latin

Summary

It presents a rescript of the Divine Severus stating that if a husband fails to prosecute the death of his murdered wife, the portion of the dowry belonging to the husband must be confiscated by the treasury.

[IDEM libro trigensimo quarto ad edictum. ] §49.14.27.prCum mortem maritus uxoris necatae non defendit, diuus Seuerus rescripsit dotem fisco uindicandam, prout ad maritum pertineat.
[THE SAME, On the Edict, Book XXXIV.] When a husband does not prosecute the death of his murdered wife, the Divine Severus stated in a rescript that the dowry must be claimed by the treasury, to the extent that it belongs to the husband.

Notes

  1. 49.14.27.prmortem maritus uxoris necatae non defendit — The phrase 'defendere mortem' in this legal context means to avenge or prosecute the death of a slain person. Here, it refers to the husband's failure to take legal action against his wife's murderer.
  2. 49.14.27.prdotem fisco uindicandam — This is an accusative and infinitive clause (with 'esse' omitted after the gerundive 'uindicandam') functioning as the object of the main verb 'rescripsit'. 'fisco' is the dative of agent or reference, indicating the treasury as the party that claims or receives the property.

Cite this passage

Justinian I, The Digest of Justinian §49.14.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.27.pr

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