[Iustiniani Institutiones]

k "Acquired." Note here two effects of the master's power. And there is a third, that he is not to be tortured into the house except in cases, as in the Codex, on questions.
l "But this is allowed," i.e., it is lawful by the laws, because if a slave knows of plots being prepared against his master and he himself does not offer aid, he must undergo punishment, which is interpreted as death.
m "Except for the crime of majesty," such as if he saw his master in danger and did not help him, or if he interfered with his wife.
n "Constitution." These are the words, as below, in the final paragraph.
o "Another's slave." Truly, he who kills another's slave is held by the Aquilian Law, as in the Digest, on the Aquilian Law, which action cannot have place since it is not for the master to give it against the master, which ought not to be, as in the Digest. Say that this is regarding criminal punishment.

But also, greater severity of masters is restrained by the constitution of the same prince. For Antoninus, when consulted by certain governors of provinces regarding those slaves who flee to the holy temple or to the statue of the prince, ordered that if the cruelty of the masters seems intolerable, they should be forced to sell their slaves on good terms, so that the price might be given to the masters. And it is rightly expedited for the republic that no one should use his property badly. The words of this rescript, sent to Aelianus Marcianus, are these: "The power of masters over their own slaves ought to remain unimpaired, nor should any man's right be taken away from him. But it is in the interest of masters that help against cruelty, or hunger, or intolerable injury be not denied to those who justly plead for it."

p "But also greater," i.e., great, or greater than what is fair.
q "Consulted," i.e., asked.
r "Holy," to which places they once and today flee.
s "Be forced." Note here that someone is forced to sell his property so that he may have the price, and it does not return to the first master.
t "On good terms," so that they are not subjected to the same punishment, or so that they are not exposed or prostituted.
v "Use." Because it is in the prince's interest to have subjects under him who are wealthy.
y "Marcianus," proconsul of virtue.
z "Of masters." Here he alleges two reasons for the masters.
a "Unimpaired," i.e., not diminished.
b "Interest." That is, it is to their advantage that they do not lose their own.

Therefore, look into the complaints of those who from the family of Julius Sabinus have fled to the holy statue, and if you have known them to be treated more harshly than is fair, or to have been affected by infamous injury, order them to be sold, so that they do not return to the power of the masters. If this Sabinus has committed frauds against my constitution, let him know that I will execute this admission more severely against him.

On parental power.

In our power are our children whom we have begotten from lawful nuptials. Nuptials, however, or matrimony, is the conjunction of a man and a woman, containing an undivided custom of life. The right of power which we have over children is proper to Roman citizens. But there are no other men who have such power over their children as...

c "Injury," which they suffer by looking at natural law, not civil law.
d "Denied."
e "Holy," to which places they once and today flee.
f "Infamous," i.e., infamous or great injury.
g "Fraud," or the same thing, because he does not obey the master or craftily says he is not the one who fled.
h "On parental power."
m "Power," this word is understood in many ways.
i "Lawful," which are called just.
k "Nuptials," and they are called from "marrying" nubere, i.e., covering, because they ought to proceed veiled, as Isidore says. But it is called matrimony because a woman marries so that she may become a mother.
l "Conjunction," of minds, not only of bodies. And that conjunction signifies the union which consists between God and a just soul. Whence the Apostle says that he who adheres to God is one spirit with Him. The remaining, namely, the conjunction of bodies, designates the conformity which exists in the flesh between Christ and the Holy Church, i.e., the human race.