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Justinian I · The Digest of Justinian §4.6.9.pr

Confinement and Custody Qualifying for Relief

Passage 772 of 9271 · Latin

Summary

Callistratus explains that private confinement, pirate capture, and stone quarries are included in the definition of "chains" for relief, while Labeo holds that "custody" refers only to public detention.

[CALLISTRATUS libro secundo edicti monitorii. ] §4.6.9.prSuccurritur etiam ei, qui in uinculis fuisset.
[CALLISTRATUS libro secundo edicti monitorii.] Relief is also granted to him who had been in chains.
quod non solum ad eum pertinet, qui publica custodia coercetur, sed ad eum quoque, qui a latronibus aut praedonibus uel potentiore ui oppressus uinculis coercebatur.
This applies not only to him who is confined by public custody, but also to him who, having been overpowered by robbers or pirates or by a superior force, was confined in chains.
uinculorum autem appellatio latius accipitur: nam etiam inclusos ueluti lautumiis uinctorum numero haberi placet, quia nihil intersit, parietibus an compedibus teneatur.
Moreover, the term "chains" is understood more broadly; for it is accepted that even those shut up, for instance, in stone quarries, are to be held in the number of the bound, because there is no difference whether one is held by walls or by fetters.
custodiam autem solam publicam accipi Labeo putat.
However, Labeo thinks that only public custody should be understood.

Notes

  1. §4.6.9.prquod — Relative pronoun in the neuter singular nominative, referring back to the whole of the preceding clause (the granting of relief to one who had been in chains), serving as a transitional connective.
  2. §4.6.9.prhaberi placet — The subject of the impersonal verb placet ("it is accepted") is the accusative and infinitive construction (inclusos ... haberi).
  3. §4.6.9.prcustodiam autem solam publicam accipi Labeo putat — An accusative and infinitive construction acting as the object of the main verb putat, where custodiam solam publicam is the subject accusative and accipi is the present passive infinitive.

Cite this passage

Justinian I, The Digest of Justinian §4.6.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.9.pr

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