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Justinian I · The Digest of Justinian §21.1.8.pr

Ofilius on Whether One Whose Tongue Was Removed Is Sound

Passage 3022 of 9271 · Latin

Summary

On the question of whether one whose tongue has been cut out is considered healthy, it reports Ofilius' opinion in his discussion on horses, where he deemed such a one not healthy.

[ULPIANUS libro primo ad edictum aedilium curulium. ] §21.1.8.prSi cui lingua abscisa sit, an sanus esse uideatur, quaeritur.
[ULPIANUS with the first book on the edict of the curule aediles.] If anyone's tongue has been cut out, it is questioned whether he is to be considered healthy.
et exstat haec quaestio apud Ofilium relata apud eum in equo: ait enim hunc uideri non esse sanum.
And this question exists in Ofilius, reported by him under the heading 'on the horse'; for he says that such a one is not considered healthy.

Notes

  1. §21.1.8.prSi cui — The prefix ali- of the indefinite pronoun aliquis is omitted after the conjunction si, leaving cui (dative). It functions as a dative of possession or reference.
  2. §21.1.8.prin equo — Meaning "on the horse," referring to a section or a specific work of Ofilius concerning the sale of horses. The case of a horse's tongue being cut is cited as an analogical precedent for discussing the health of a slave.
  3. §21.1.8.prhunc — The subject accusative of the infinitive clause hunc uideri non esse sanum. Being a masculine singular accusative pronoun, it refers to "this one" (either the slave or the horse, since equus is also masculine) whose tongue has been cut.

Cite this passage

Justinian I, The Digest of Justinian §21.1.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.1.8.pr

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