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Justinian I · The Digest of Justinian §48.18.5.pr

Torture of Slaves in Dual Incest and Adultery Crimes

Passage 8364 of 9271 · Latin

Summary

This section stipulates that if anyone corrupts a kinswoman with whom marriage is forbidden, who is a widow or married to another, it constitutes a double crime of incest and adultery or stuprum, punishable by deportation, and in this case, slaves can exceptionally be tortured to testify against their master.

[MARCIANUS libro secundo institutionum. ] §48.18.5.prSi quis uiduam uel alii nuptam cognatam, cum qua nuptias contrahere non potest, corruperit, in insulam deportandus est, quia duplex crimen est et incestum, quia cognatam uiolauit contra fas, et adulterium uel stuprum adiungit.
[MARCIANUS, in the second book of Institutes.] If anyone corrupts a kinswoman with whom he cannot contract marriage, whether she is a widow or married to another, he must be deported to an island, because it is a double crime: both incest, because he violated a kinswoman contrary to divine law, and he adds adultery or stuprum.
denique hoc casu serui in personam domini torquentur.
Consequently, in this case, slaves are tortured against the person of their master.

Notes

  1. §48.18.5.prcognatam — Accusative meaning 'kinswoman'. It is modified by the two adjectival expressions `uiduam` (a widow) and `alii nuptam` (married to another).
  2. §48.18.5.pradiungit — The subject of the verb `adiungit` is best understood as `quis` (the perpetrator) from the conditional clause, meaning 'he adds adultery or stuprum (to the crime of incest)'.
  3. §48.18.5.prin personam domini — The prepositional phrase `in personam domini` means 'against the person of the master (to extract evidence against him)' and modifies the passive verb `torquentur`. It indicates that in this case, the general Roman law prohibition against torturing slaves to testify against their master is waived due to the double nature of the crime.

Cite this passage

Justinian I, The Digest of Justinian §48.18.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.18.5.pr

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