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Justinian I · The Digest of Justinian §50.16.101.pr-50.16.101.3

Distinctions of Adultery, Repudiation, Disease, and Defect

Passage 8915 of 9271 · Latin

Summary

This chunk discusses the definitions and distinctions between illicit intercourse and adultery, divorce and repudiation, and disease and defect, as well as the question of whether female slaves are included in a bequest of slaves.

[MODESTINUS libro nono differentiarum. ] §50.16.101.prInter 'stuprum' et 'adulterium' hoc interesse quidam putant, quod adulterium in nuptam, stuprum in uiduam committitur.
[MODESTINUS, Differences, book 9.] Some think that there is this difference between 'illicit intercourse' and 'adultery', that adultery is committed against a married woman, and illicit intercourse against a widow.
sed lex Iulia de adulteriis hoc uerbo indifferenter utitur. '
But the Julian law on adulteries uses this word without distinction.
§50.16.101.1Diuortium' inter uirum et uxorem fieri dicitur, 'repudium' uero sponsae remitti uidetur. quod et in uxoris personam non absurde cadit.
'Divorce' is said to take place between husband and wife, whereas 'repudiation' is regarded as being sent to a betrothed woman; which also applies, not without reason, to the person of a wife.
§50.16.101.2Uerum est 'morbum' esse temporalem corporis inbecillitatem, 'uitium' uero perpetuum corporis impedimentum, ueluti si talum excussit: nam et luscus utique uitiosus est.
It is true that 'disease' is a temporary weakness of the body, whereas a 'defect' is a permanent impediment of the body, as for instance if one has dislocated an ankle; for a one-eyed person is certainly defective.
§50.16.101.3Seruis legatis etiam ancillas deberi quidam putant, quasi commune nomen utrumque sexum contineat.
When slaves are bequeathed, some think that female slaves also are owed, as if the common noun contained both sexes.

Notes

  1. §50.16.101.prhoc interesse ... quod — In the accusative with infinitive clause 'hoc interesse' which serves as the object of 'quidam putant', the demonstrative pronoun 'hoc' is explained by the appositional clause introduced by the conjunction 'quod'.
  2. §50.16.101.1quod — The relative pronoun 'quod' at the beginning of the clause is in the neuter nominative, referring back to the entire preceding statement and serving to connect the sentences (connecting relative).
  3. §50.16.101.2talum excussit — Within the conditional clause introduced by 'si', the subject is impersonal or refers to a general person ('if one has dislocated an ankle'). This is given as a concrete example of a permanent impediment ('uitium'), implying a condition where the dislocation has resulted in a lasting disability.
  4. §50.16.101.3quasi ... contineat — The conjunction 'quasi' ('as if') introduces a conditional clause of comparison (unreal or hypothetical), which requires the subjunctive mood in the verb 'contineat' (present subjunctive).

Cite this passage

Justinian I, The Digest of Justinian §50.16.101.pr-50.16.101.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.101.pr-50.16.101.3

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