[ULPIANUS libro quinquagesimo ad edictum. ] §29.5.1.22Si sibi manus quis intulit, senatus consulto quidem Silaniano locus non est, sed mors eius uindicatur, scilicet ut, si in conspectu seruorum hoc fecit potueruntque eum in se saeuientem prohibere, poena adficiantur, si uero non potuerunt, liberentur.
[ULPIANUS, from the fiftieth book on the Edict.] If anyone has laid hands upon himself, there is indeed no room for the Silanian senatusconsult, but his death is avenged; namely, so that if he did this in the sight of his slaves and they were able to prevent him from venting his rage upon himself, they are to be punished, but if they were unable to do so, they are to be released.
§29.5.1.23Si quis non metu criminis inminentis, sed taedio uitae uel inpatientia doloris sibi manus intulit, eius testamentum aperiri et recitari mortis casus non impedit.
If anyone has laid hands upon himself, not out of fear of an impending charge, but from weariness of life or intolerance of pain, the occurrence of his death does not prevent his will from being opened and read.
§29.5.1.24Item illud sciendum est, nisi constet aliquem esse occisum, non haberi de familia quaestionem: liquere igitur debet scelere interemptum, ut senatus consulto locus sit.
Likewise, it must be known that unless it is clear that someone has been slain, no inquiry is held concerning the household of slaves; therefore, it must be evident that he was destroyed by a crime, so that there may be room for the senatusconsult.
§29.5.1.25Quaestionem autem sic accipimus non tormenta tantum, sed omnem inquisitionem et defensionem mortis.
Moreover, we interpret "inquiry" not only as torture, but as every investigation and prosecution of the death.
H §29.5.1.26oc autem senatus consultum eos quidem, qui sub eodem tecto fuerunt, omnimodo punit, eos uero, qui non sub eodem tecto, sed in eadem regione, non aliter, nisi conscii fuissent.
But this senatusconsult punishes those indeed who were under the same roof in every case, whereas those who were not under the same roof but in the same region, it does not punish unless they were accomplices.
' §29.5.1.27Eodem' autem 'tecto' qualiter accipiatur, uideamus, utrum intra eosdem parietes an et ultra intra eandem diaetam uel cubiculum uel eandem domum uel eosdem hortos uel totam uillam.
Let us see, then, how "under the same roof" is to be understood: whether within the same walls, or also beyond, within the same apartment, or bedroom, or the same house, or the same gardens, or the entire villa.
et ait Sextus sic esse saepe iudicatum, ut quicumque eo loci fuerunt, unde uocem exaudire potuerunt, hi puniantur, quasi sub eodem tecto fuerunt, licet alii ualidioris uocis, alii exiguioris sunt nec omnes undique exaudiri possunt.
And Sextus says that it has often been so decided that whoever were in such a place from which they could hear a voice, these are to be punished just as if they had been under the same roof, although some have a stronger voice, others a weaker one, and not everyone can be heard from every direction.
§29.5.1.28Iuxta hoc tamen uidetur et diuus Hadrianus rescripsisse in haec uerba: 'Serui quotiens dominis suis auxilium ferre possunt, non debent saluti eorum suam anteponere: potuisse autem ancillam, quae in eodem conclaui cum domina sua fuerat, auxilium rei ferre, si non corpore suo, at certe uoce plorantem, ut hi, qui in domo fuerant aut uicini audirent, hoc ipso manifestum est, quod dixit percussorem sibi mortem minatum, si proclamasset.
Along these lines, however, the deified Hadrian also seems to have written in a rescript in these words: "Whenever slaves are able to bring aid to their masters, they ought not to prefer their own safety to theirs; moreover, that the female slave who had been in the same room with her mistress was able to bring aid to the situation—if not with her body, at least by her voice, crying out so that those who had been in the house or the neighbors might hear—is made manifest by this very fact, that she said the attacker threatened her with death if she cried out.
ultimum itaque supplicium pati debet uel hoc, ne ceteri serui credant in periculo dominorum sibi quemque consulere debere'. H §29.5.1.29oc rescriptum multa continet: nam ei non parcit, qui eodem conclaui fuit: et ei, qui timuit mori, non ignoscit: et quod uel uoce oporteat seruos dominis auxilium ferre, ostendit.
She ought, therefore, to suffer the ultimate punishment, if only for this reason, lest other slaves believe that in the danger of their masters each one ought to consult his own safety." This rescript contains many things: for it does not spare him who was in the same room, it does not excuse him who feared to die, and it shows that slaves ought to bring aid to their masters even by voice.
§29.5.1.30Si quis in uilla agens occisus sit, plus quam iniquum est, si forte diffusa late praedia habeat, de omnibus qui in ea regione fuerint seruis et quaestionem haberi et supplicium sumi: sufficit ergo eos, qui cum ipso qui occisus dicitur fuerunt et qui suspicione caedis aut conscientia attingi uidebuntur, de his quaestionem haberi.
If anyone is slain while staying in a villa, it is more than unjust, if by chance he has estates widely spread out, for an inquiry to be held and punishment inflicted concerning all the slaves who were in that region; it is sufficient, therefore, for an inquiry to be held concerning those who were with the person himself who is said to have been slain, and those who appear to be touched by suspicion of the slaughter or by complicity.
§29.5.1.31Cum dominus in itinere esset occisus, de his, qui una cum eo fuerunt cum occideretur uel, cum una fuissent, profugerunt, supplicium sumendum est. quod si cum domino nemo fuit cum occideretur, cessant ista senatus consulta.
When a master has been slain on a journey, punishment must be inflicted on those who were together with him when he was slain, or who, having been together with him, fled; but if no one was with the master when he was slain, these senatusconsults cease to apply.
§29.5.1.32Impubes seruus uel ancilla nondum uiripotens non in eadem causa erunt: aetas enim excusationem meretur.
An underage male slave or a female slave not yet of marriageable age will not be in the same position; for age deserves an excuse.
§29.5.1.33Impuberi autem utrum in supplicio tantum parcimus an uero etiam in quaestione? et magis est, ut de impubere nec quaestio habeatur: et alias solet hoc in usu obseruari, ut impuberes non torqueantur: terreri tantum solent et habena uel ferula caedi.
But in the case of an underage slave, do we spare him only in punishment, or indeed also in inquiry? And the better view is that not even an inquiry should be held concerning an underage slave; and in other matters it is usually observed in practice that underage persons are not tortured; they are usually only frightened and beaten with a strap or a cane.
§29.5.1.34Excusantur autem serui, qui auxilium tulerunt sine dolo malo: nam si finxit se quis auxilium ferre uel dicis gratia tulit, nihil hoc commentum ei proderit.
Moreover, those slaves are excused who brought aid without malicious intent; for if anyone pretended to bring aid, or brought it only for form's sake, this artifice will profit him nothing.
§29.5.1.35Tulisse autem auxilium non tantum is uidetur qui seruauit dominum, hoc est qui potuit ita opem ferre, ut saluus esset dominus, uerum is quoque, qui quidquid potuit fecit, tametsi dominus interfectus est: ueluti si quis clamauit, ut ad auxilium conueniretur, aut terruit adgressores atque si quis turbam conuocauit aut si corpus suum obiecit uel alias corpore suo auxilium tulit.
Moreover, not only is he deemed to have brought aid who saved his master—that is, who was able to bring help in such a way that the master survived—but he also who did whatever he could, even though the master was killed: as, for instance, if anyone cried out so that people might gather for aid, or terrified the attackers, and if anyone called together a crowd, or if he threw his own body in the way, or otherwise brought aid with his body.
§29.5.1.36Non tamen semper qui clamore usus est, auxilium tulisse uidetur: quid enim, si, cum posset manu depellere a domino periculum, ille clamorem inanem elegit? plectendus utique erit.
Not always, however, is he who made a shout deemed to have brought aid; for what if, when he was able to ward off the danger from his master with his hand, he chose a useless shout? He will certainly have to be punished.
§29.5.1.37Quid si uulnerati sint serui, cum protegerent dominum? dicendum est parci eis debere, nisi si aut ipsi sibi uulnera ista fecerunt data opera, ne punirentur, aut talia uulnera isti acceperunt, ut possent nihilo minus opem ferre, si uoluissent.
What if the slaves were wounded while they were protecting their master? It must be said that they ought to be spared, unless either they made those wounds on themselves on purpose so that they would not be punished, or they received such wounds that they could nonetheless have brought help if they had wished.
§29.5.1.38Si dominus mortifere uulneratus superuixerit nec de quoquam seruorum suorum conquestus sit, etiamsi sub eodem tecto fuerunt, tamen parcendum illis erit.
If a master, having been mortally wounded, has survived and has not complained of any of his slaves, even though they were under the same roof, they must nevertheless be spared.