Humanitext Reader

Justinian I · The Digest of Justinian §48.18.11.pr

Ban on Torturing Returned Slaves Against Former Buyers

Passage 8370 of 9271 · Latin

Summary

Describes that even after a slave has been returned under a rescinded sale, the slave cannot be tortured in a matter affecting the life or status of the former buyer.

[PAULUS libro secundo de officio proconsulis. ] §48.18.11.prEtiamsi redhibitus fuerit seruus, in caput emptoris non torquebitur.
[PAULUS, in the second book on the Office of Proconsul.] Even if the slave has been returned, he shall not be tortured in a matter affecting the life or status of the buyer.

Notes

  1. 48.18.11.prredhibitus fuerit — Perfect or future perfect passive of the verb redhibere (to return a purchased item to the seller upon rescission of a sale). Here, introduced by the concessive conjunction etiamsi (even if), it expresses a state where the contract of sale has been rescinded and the slave has been returned to the seller.
  2. 48.18.11.prin caput emptoris — Consists of the preposition in with the accusative caput, and the genitive emptoris. It indicates a direction or purpose: "so as to bring serious criminal jeopardy to the life or civil status (caput) of the buyer." Even after the ownership of the slave has reverted to the seller, it is forbidden to torture the slave to obtain evidence against the former owner (the buyer).

Cite this passage

Justinian I, The Digest of Justinian §48.18.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.18.11.pr

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