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Justinian I · The Digest of Justinian §48.19.3.pr

Stay of Execution and Ban on Torturing Pregnant Women

Passage 8384 of 9271 · Latin

Summary

It details the postponement of execution for pregnant women condemned to death and the prohibition of examining them under torture during pregnancy.

[IDEM libro quarto decimo ad Sabinum. ] §48.19.3.prPraegnatis mulieris consumendae damnatae poena differtur quoad pariat.
[THE SAME, from the fourteenth book on Sabinus] The punishment of a pregnant woman condemned to be executed is deferred until she gives birth.
ego quidem et ne quaestio de ea habeatur, scio obseruari, quamdiu praegnas est.
I myself know that it is also observed that no examination under torture be held in her case as long as she is pregnant.

Notes

  1. 48.19.3.prconsumendae — A gerundive (future passive participle) in the genitive singular feminine modifying mulieris damnatae, indicating the nature of the penalty imposed (to be executed). Here consumere is used in the sense of putting to death, i.e., "to execute."
  2. 48.19.3.prne quaestio de ea habeatur, scio obseruari — The infinitive obseruari (to be observed) serves as the object of scio (I know), and its specific content is introduced by the ne-clause (that no examination under torture be held in her case). In the context of Roman law, quaestio specifically denotes "interrogation accompanied by torture."

Cite this passage

Justinian I, The Digest of Justinian §48.19.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.19.3.pr

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