Humanitext Reader

Justinian I · The Digest of Justinian §48.18.3.pr

Prohibition of Torturing a Common Slave Against Any Co-Owner

Passage 8362 of 9271 · Latin

Summary

Ulpian explains a constitution of Emperors Caracalla and Severus, which rules that a slave owned by multiple masters cannot be tortured against the life of any of them.

[IDEM libro quinquagesimo ad edictum. ] §48.18.3.prConstitutione imperatoris nostri et diui Seueri placuit plurium seruum in nullius caput torqueri posse.
[THE SAME in the fiftieth book on the Edict.] By a constitution of our Emperor and the divine Severus, it was decided that a slave owned by several persons cannot be tortured against the life of any of them.

Notes

  1. §48.18.3.prplurium seruum — plurium is the genitive plural of plures ("of several"). seruum is the accusative singular of servus (using archaic spelling), serving as the subject of the accusative-with-infinitive (A.C.I.) construction plurium seruum ... torqueri posse. It refers to a single slave co-owned by multiple masters.
  2. §48.18.3.prin nullius caput — nullius is the genitive of nemo, modifying caput. Combined with in caput (against the life or civil status, hence referring to criminal liability), it means "against the life of none [of the co-owners]". This corresponds to in caput domini in the preceding section (§48.18.2.pr).

Cite this passage

Justinian I, The Digest of Justinian §48.18.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.18.3.pr

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