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Justinian I · The Digest of Justinian §48.6.6.pr

Imperial Rescript on Punishing Abduction of a Freeborn Boy

Passage 8225 of 9271 · Latin

Summary

Ulpianus quotes the rescript of the deified Pius regarding the punishment of anyone who abducts a freeborn boy, showing the instruction to severely prosecute the case of abduction, confinement, and torture.

[ULPIANUS libro septimo de officio proconsulis. ] §48.6.6.prEt eum, qui puerum ingenuum rapuit, puniendum diuus Pius rescripsit in haec uerba: 'Exemplum libelli dati mihi a Domitio Siluano nomine Domitii Siluani patrui subici iussi, motus querella eius, qua significauit filium suum ingenuum, iuuenem admodum, raptum atque conclusum, mox uerberibus ac tormentis usque ad summum periculum adflictum Gemine carissime: uelim audias eum et, si compereris haec ita admissa, rem seuere exequaris'.
[ULPIANUS, On the Office of Proconsul, Book 7] And the deified Pius replied in these words that he also, who has abducted a freeborn boy, must be punished: "I have ordered the copy of the petition presented to me by Domitius Silvanus in the name of his uncle Domitius Silvanus to be subjoined, moved by his complaint, in which he indicated that his freeborn son, a very young man, was abducted and confined, and then afflicted with lashes and tortures even to the point of extreme danger. My dearest Geminus, I would wish you to hear him and, if you find that these things were so committed, to prosecute the matter severely."

Notes

  1. §48.6.6.prpuniendum — The word puniendum is a gerundive expressing necessity, with esse omitted (forming puniendum esse). It acts as the predicate of an accusative with infinitive (AcI) construction dependent on the main verb rescripsit, with eum (modified by the relative clause) as its subject.
  2. §48.6.6.prsubici — subici is the present passive infinitive of subicio (to subjoin, append), forming an accusative with infinitive (AcI) construction as the complement of the main verb iussi (I ordered). The accusative subject is Exemplum, meaning 'I ordered the copy to be appended.'
  3. §48.6.6.pruelim — The first-person singular present subjunctive of uolo, used as a potential subjunctive to express a polite or softened wish ('I would wish'). The present subjunctives audias and exequaris are directly subordinate to uelim without the conjunction ut.

Cite this passage

Justinian I, The Digest of Justinian §48.6.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.6.6.pr

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