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Justinian I · The Digest of Justinian §48.18.4.pr

Inapplicability of Slave Torture in Incest Cases

Passage 8363 of 9271 · Latin

Summary

It is explained, by reference to an opinion of Papinianus and a rescript, that in cases of incest, the torture of slaves does not take place because the Lex Julia on adulteries is also inapplicable.

[IDEM libro tertio disputationum. ] §48.18.4.prIn incesto, ut Papinianus respondit et est rescriptum, seruorum tormenta cessant, quia et lex Iulia cessat de adulteriis.
[THE SAME, in the third book of Disputations.] In the case of incest, as Papinianus answered and as has been stated in a rescript, the torture of slaves ceases, because the Lex Julia on adulteries also does not apply.

Notes

  1. §48.18.4.prest rescriptum — An impersonal construction using the third-person singular perfect passive of the verb rescribere, or with the noun rescriptum as subject, meaning "as has been laid down by a rescript".
  2. §48.18.4.prquia et lex Iulia cessat de adulteriis — The Lex Julia on Adulteries exceptionally allowed the torture of slaves to secure evidence against their masters; however, because the crime of incest (incestus) falls outside the scope of this statute, that exception likewise does not apply (cessat).

Cite this passage

Justinian I, The Digest of Justinian §48.18.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.18.4.pr

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