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Justinian I · The Digest of Justinian §1.6.2.pr

Provincial Governor's Duty Against Cruelty to Slaves

Passage 93 of 9271 · Latin

Summary

This text explains the authority and procedures of a provincial governor regarding a master's cruelty or unlawful conduct toward slaves, citing a rescript of Emperor Antoninus Pius and a precedent by Emperor Hadrian.

[ULPIANUS libro octauo de officio proconsulis. ] §1.6.2.prSi dominus in seruos saeuierit uel ad impudicitiam turpemque uiolationem compellat, quae sint partes praesidis, ex rescripto diui Pii ad Aelium Marcianum proconsulem Baeticae manifestabitur.
[ULPIAN in the eighth book on the office of proconsul.] If a master rages against his slaves or compels them to unchastity and shameful violation, what the duties of the governor are will be made clear from the rescript of the divine Pius to Aelius Marcianus, proconsul of Baetica.
cuius rescripti uerba haec sunt: 'Dominorum quidem potestatem in suos seruos illibatam esse oportet nec cuiquam hominum ius suum detrahi: sed dominorum interest, ne auxilium contra saeuitiam uel famem uel intolerabilem iniuriam denegetur his qui iuste deprecantur.
The words of this rescript are as follows: "It is proper indeed that the power of masters over their slaves remains unimpaired, and that his own right is not taken away from any man; but it is in the interest of the masters themselves that assistance against cruelty, hunger, or intolerable injury is not denied to those who justly supplicate.
ideoque cognosce de querellis eorum, qui ex familia Iulii Sabini ad statuam confugerunt, et si uel durius habitos quam aequum est uel infami iniuria affectos cognoueris, ueniri iube ita, ut in potestate domini non reuertantur.
Therefore, investigate the complaints of those who have fled to the statue from the household of Julius Sabinus, and if you find that they have been treated more harshly than is fair, or have been affected by an infamous injury, order them to be sold, on such terms that they do not return to the power of their master.
qui si meae constitutioni fraudem fecerit, sciet me admissum seuerius exsecuturum. ' diuus etiam Hadrianus Umbriciam quandam matronam in quinquennium relegauit, quod ex leuissimis causis ancillas atrocissime tractasset.
And if he should evade my constitution, he shall know that I will prosecute what has been committed more severely." The divine Hadrian also relegated a certain matron named Umbricia for five years, because she had treated her female slaves most savagely for the slightest reasons.

Notes

  1. 1.6.2.prquae sint partes praesidis — This is an indirect question clause (with the subjunctive 'sint'), functioning as the subject of the main verb 'manifestabitur' (future indicative).
  2. 1.6.2.prdominorum interest — The impersonal verb 'interest' takes the genitive of the person concerned (here, the genitive plural 'dominorum'), meaning "it is in the interest of / concerns the masters."
  3. 1.6.2.prueniri — The present infinitive of 'uēneo' (to be sold, derived from 'uēnum īre'). It is not the passive infinitive of 'uĕnio' (to come). 'uēneo' has a passive meaning despite its active-looking forms, and serves here as the complementary infinitive with 'iubeo'.
  4. 1.6.2.prqui si — A conditional clause introduced by the relative pronoun of connection 'qui' (nominative singular masculine, referring to the master Sabinus), meaning "and if he...".
  5. 1.6.2.pradmissum — The neuter perfect participle of 'admitto' used substantively, meaning "what has been committed" or "offense". It is the direct object of 'exsecuturum' (future active infinitive of 'exsequor', to prosecute or punish).

Cite this passage

Justinian I, The Digest of Justinian §1.6.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.6.2.pr

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