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Justinian I · The Digest of Justinian §4.6.10.pr

Relief for Those under Surveillance or Severely Bound

Passage 773 of 9271 · Latin

Summary

Explains that those kept under surveillance by soldiers or municipal officers, as well as those bound so restrictively that they cannot appear in public without disgrace, are also regarded as being "in chains" and eligible for relief.

[ULPIANUS libro duodecimo ad edictum. ] §4.6.10.prIn eadem causa sunt et qui a militibus statoribusque uel a municipalibus ministeriis adseruantur, si probentur rei suae superesse non potuisse.
[ULPIANUS libro duodecimo ad edictum.] Those who are detained by soldiers and attendants, or by municipal officers, are also in the same position, if they are proved to have been unable to attend to their own affairs.
in uinculis autem etiam eos accipimus, qui ita alligati sunt, ut sine dedecore in publico parere non possint.
Moreover, we also understand as being in chains those who are bound in such a way that they cannot appear in public without disgrace.

Notes

  1. §4.6.10.prrei suae superesse — Although the verb superesse usually means "to survive" or "to remain," when constructed with a dative (here rei suae, "one's own affairs/property") in a legal context, it means "to attend to or manage one's own affairs." Here, combined with non potuisse, it denotes the inability to look after one's affairs due to surveillance or confinement.
  2. §4.6.10.prparere — Although the verb pārēre often means "to obey," here it is used in the sense of "to appear" or "to show oneself" (e.g., in public or in court). Therefore, in publico parere means "to appear in public."

Cite this passage

Justinian I, The Digest of Justinian §4.6.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.10.pr

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