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Justinian I · The Digest of Justinian §48.18.19.pr

Restrictions on Torturing Those Owed Liberty Under Trust

Passage 8378 of 9271 · Latin

Summary

It provides that a person who is owed liberty under a fiduciary trust must not be subjected to inquiry as a slave unless they are incriminated by the inquiries of others.

[TRYPHONINUS libro quarto disputationum. ] §48.18.19.prIs, cui fideicommissa libertas debetur, non aliter ut seruus quaestioni applicetur, nisi aliorum quaestionibus oneretur.
[TRYPHONINUS, in the fourth book of Disputations] He to whom liberty under a trust is owed should not be subjected to inquiry as a slave, unless he is burdened by the inquiries of others.

Notes

  1. §48.18.19.prnon aliter ... nisi — A correlative construction expressing a strict limitation. It indicates that the action of `applicetur` (present passive subjunctive expressing command or obligation) is not to take place unless the condition introduced by `nisi` is met.
  2. §48.18.19.proneretur — 3rd person singular present passive subjunctive of `onerare` (to burden, load). In this legal context, it means that the person is incriminated or their situation is aggravated by the testimonies or inquiries of others.

Cite this passage

Justinian I, The Digest of Justinian §48.18.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.18.19.pr

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