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Justinian I · The Digest of Justinian §50.1.37.pr-50.1.37.2

Jurisdiction over Incola Status and Duties of Women and Freedmen

Passage 8680 of 9271 · Latin

Summary

This section regulates the jurisdiction over disputes regarding residency status, and specifies where the freedmen of women married in other places, as well as women in illegitimate marriages, must perform their public duties.

[CALLISTRATUS libro primo de cognitionibus. ] §50.1.37.prDe iure omnium incolarum, quos quaeque ciuitates sibi uindicant, praesidum prouinciarum cognitio est.
[CALLISTRATUS, In the First Book on Extraordinary Proceedings] The determination of the status of all residents whom each state claims for itself belongs to the governors of the provinces.
cum tamen se quis negat incolam esse, apud eum praesidem prouinciae agere debet, sub cuius cura est ea ciuitas, a qua uocatur ad munera, non apud eam, ex qua ipse se dicit oriundum esse: idque diuus Hadrianus rescripsit.
However, when anyone denies that he is a resident, he must bring his case before that governor of the province under whose care is the city by which he is called to public duties, and not before the governor of the province from which he says he himself originates; and the Divine Hadrian so replied by rescript.
§50.1.37.1Mulieris, quae aliunde orta, alibi nupta est, libertos eo loco munus facere debere, unde patrona erit et ubi ipsi domicilium habebunt, placet.
It is held that the freedmen of a woman who was born in one place and married in another must perform public duties in the place from which their patroness comes and where they themselves have their domicile.
§50.1.37.2Mulieres, quae in matrimonium se dederint non legitimum, non ibi muneribus fungendas, unde mariti earum sunt, sciendum est, sed unde ipsae ortae sunt: idque diui fratres rescripserunt.
It must be known that women who have entered into an illegitimate marriage must not perform public duties in the place from which their husbands come, but in the place from which they themselves originated; and the Divine Brothers so replied by rescript.

Notes

  1. 50.1.37.prnon apud eam — In contrast to the masculine singular `apud eum praesidem` in the first clause, the feminine singular demonstrative `eam` is used in the second. This can be understood by supplying either `ciuitatem` from the preceding `ea ciuitas` (`apud eam [sc. ciuitatem]`, meaning 'at that city') or `prouinciam` (`apud eam [sc. prouinciam]`). The former is more natural, contrasting the city that calls him to public duties with the city of his origin.
  2. 50.1.37.1Mulieris, quae aliunde orta, alibi nupta est, libertos eo loco munus facere debere ... placet — The impersonal verb `placet` ('it is held/approved') is the main verb, taking the accusative and infinitive construction (subject: `libertos`, infinitive: `debere`) as its subject clause. The genitive `Mulieris` at the beginning of the sentence is modified by the relative clause `quae...` and depends on `libertos`, the subject of the infinitive clause ('that the freedmen of a woman...').
  3. 50.1.37.2non ibi muneribus fungendas — `fungendas [esse]` is the gerundive of the deponent verb `fungor`, which governs the ablative case (`muneribus`). Here it is part of the accusative and infinitive construction with `mulieres` as the subject, expressing an obligation on the subject ('that women must not perform...').

Cite this passage

Justinian I, The Digest of Justinian §50.1.37.pr-50.1.37.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.1.37.pr-50.1.37.2

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