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Justinian I · The Digest of Justinian §48.8.5.pr

Constitution Equating Castration by Crushing to Excision

Passage 8244 of 9271 · Latin

Summary

Paulus quotes a constitution of Hadrian stating that those who perform castration by crushing the testicles are subject to the same legal treatment as those who castrate by excision.

[PAULUS libro secundo de officio proconsulis. ] §48.8.5.prHi quoque, qui thlibias faciunt, ex constitutione diui Hadriani ad Ninnium Hastam in eadem causa sunt, qua hi qui castrant.
[PAULUS, On the Office of Proconsul, Book 2] Those also who make thlibiae are, under a constitution of the deified Hadrian addressed to Ninnius Hasta, in the same position as those who castrate.

Notes

  1. §48.8.5.prthlibias — Derived from the accusative plural of the Greek θλιβίας, referring to eunuchs made by crushing the testicles. It is contrasted with castration by excision (castrare).
  2. §48.8.5.prin eadem causa sunt, qua — Meaning "are in the same (legal) position as...". This indicates that castration by crushing is subject to the same penalties under the Lex Cornelia as castration by excision.

Cite this passage

Justinian I, The Digest of Justinian §48.8.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.8.5.pr

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