[MACER libro secundo de publicis iudiciis. ] §48.19.10.prIn seruorum persona ita obseruatur, ut exemplo humiliorum puniantur.
[MACER, from the second book on Public Judgments.] In the case of slaves, it is observed in such a way that they are punished after the example of humbler persons.
et ex quibus causis liber fustibus caeditur, ex his seruus flagellis caedi et domino reddi iubetur: et ex quibus liber fustibus caesus in opus publicum datur, ex his seruus, sub poena uinculorum ad eius temporis spatium, flagellis caesus domino reddi iubetur.
And for the same causes for which a free man is beaten with rods, a slave is ordered to be beaten with whips and restored to his master; and for those causes for which a free man, having been beaten with rods, is sentenced to public labor, for those a slave, under the penalty of chains for the space of that time, having been beaten with whips, is ordered to be restored to his master.
si sub poena uinculorum domino reddi iussus non recipiatur, uenumdari et, si emptorem non inuenerit, in opus publicum et quidem perpetuum tradi iubetur.
If, having been ordered to be restored to his master under the penalty of chains, he is not received, he is ordered to be sold, and if he does not find a buyer, to be delivered to public labor, and indeed in perpetuity.
§48.19.10.1Qui ex causa in metallum dati sunt et post hoc deliquerunt, in eos tamquam metallicos constitui debet, quamuis nondum in eum locum perducti fuerint, in quo operari habent: nam statim ut de is sententia dicta est, condicionem suam permutant.
Those who have been sentenced to the mines for some cause and have committed a crime after this, must be punished in the same manner as miners, even though they have not yet been brought to that place where they have to work; for as soon as sentence has been pronounced upon them, they change their condition.
§48.19.10.2In personis tam plebeiorum quam decurionum illud constitutum est, ut qui maiori poena adficitur, quam legibus statuta est, infamis non fiat.
In the case of both plebeians and decurions, it has been established that he who is affected by a heavier punishment than is ordained by the laws does not become infamous.
ergo et si opere temporario quis multatus sit uel tantum fustibus caesus, licet in actione famosa, ueluti furti, dicendum erit infamem non esse, quia et solus fustium ictus grauior est quam pecuniaris damnatio.
Therefore, even if someone has been punished with temporary labor or only beaten with rods, although in an infamous action, such as theft, it must be said that he is not infamous, because even the blow of rods alone is more severe than a pecuniary condemnation.