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Justinian I · The Digest of Justinian §48.18.2.pr

Torture of Slaves from an Unaccepted Inheritance

Passage 8361 of 9271 · Latin

Summary

It explains that the prohibition on torturing slaves against their master's life does not apply to slaves belonging to an inheritance while the heir is still undetermined.

[ULPIANUS libro trigensimo nono ad edictum. ] §48.18.2.prHereditarii serui, quamdiu incertum est ad quem bona pertineant, non possunt uideri in caput domini torqueri.
[ULPIANUS in the thirty-ninth book on the Edict.] Slaves belonging to an inheritance, as long as it is uncertain to whom the property belongs, cannot be deemed to be tortured against the life of their master.

Notes

  1. §48.18.2.prin caput domini — Refers to torturing a slave "against the master's life" or "to the capital danger of the master" (i.e., to give evidence that would harm the master in a capital charge). In Roman law, slaves generally could not be tortured to testify against their masters; however, before an inheritance is accepted, the master is not yet determined, so this restriction does not apply.
  2. §48.18.2.prnon possunt uideri ... torqueri — The passive infinitive uideri is used here in the sense of legal assessment or presumption, meaning "to be deemed" or "to be regarded as," rather than merely "to seem." Thus, it is construed as "cannot be deemed to be tortured."

Cite this passage

Justinian I, The Digest of Justinian §48.18.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.18.2.pr

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