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Justinian I · The Digest of Justinian §49.14.12.pr

No Acquisition by the Treasury through Convicts in the Mines

Passage 8533 of 9271 · Latin

Summary

Callistratus explains that those condemned to the mines lose their liberty, and cites a rescript of the divine Pius stating that because they are "slaves of the punishment" rather than of the treasury, nothing is acquired for the treasury through them or from bequests made to them.

[CALLISTRATUS libro sexto de cognitionibus. ] §49.14.12.prIn metallum damnatis libertas adimitur, cum etiam uerberibus seruilibus coercentur.
[CALLISTRATUS, Extraordinary Procedures, Book VI.] Those condemned to the mines are deprived of their liberty, since they are also disciplined with slave-like scourgings.
sane per huiusmodi personam fisco nihil adquiri diuus Pius rescripsit: et ideo quod legatum erat ei, qui postea in metallum damnatus erat, ad fiscum non pertinere rescripsit magisque ait poenae eos quam fisci seruos esse.
Indeed, the divine Pius wrote in a rescript that nothing is acquired for the treasury through a person of this kind; and therefore he wrote in a rescript that what had been bequeathed to someone who was subsequently condemned to the mines did not belong to the treasury, and he said that they are slaves of the punishment rather than of the treasury.

Notes

  1. §49.14.12.prIn metallum damnatis — The dative damnatis is used with the verb adimitur to express separation or deprivation ("deprived of/taken away from").
  2. §49.14.12.prpoenae eos quam fisci seruos esse — The genitives poenae and fisci both modify the noun seruos (slaves) in the infinitive clause. This indicates that those condemned to the mines belonged to the specific legal category of "slaves of the punishment" (servi poenae), which is distinguished from ordinary slaves belonging to the imperial treasury (fiscus).

Cite this passage

Justinian I, The Digest of Justinian §49.14.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.12.pr

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