[Iustiniani Institutiones]

[Handwritten notes]
concerning those who are of their own or another's right.
Concerning paternal power.
Acquired? notable? ... concerning justice and law ...?

k Acquired: note here two effects of the master’s power, and there is a third, so that he may not be tortured regarding his master except in cases as in Code, On questions, law 1, and law 2, Servants.
l But this is also permitted: i.e., it is allowed by the laws, because if a slave knows of treachery being prepared against his master, and he does not bring aid, he ought to suffer the punishment which we interpret as death. But also if he accuses him criminally, except for the crime of majesty, such as if he sees the master in danger and does not aid him, or if he has involved himself with his wife or in other ways.
m Known: such as because he found him with his wife or in a similar crime, in which case it is permitted to kill him, as in Digest, On hereditary obligations, He who [finds] a slave, and Digest, On the Lex Julia concerning adultery, The husband, § 1, if otherwise he has done wrong or has not obeyed the master, he can correct him legitimately; not, however, as the judgment of a good man would encompass, as in Code, On the buying of a slave, law 1, § if. Is it possible to beat without cause? Answer: yes, moderately, according to Johannes, as in Code, On the buying of a slave, law 1. Although Placentinus said that he is not held to sell or give otherwise, as in Digest, On the Lex Cornelia concerning assassins, as follows here, and Digest, On the same, law 1, § 1.
n Constitution: of which the words are found below, in this same title, § if.
o Another’s slave: certainly, he who kills another’s slave is held by the Lex Aquilia, as in Digest, On the Lex Aquilia, law 2, in the beginning, and Digest, On the Lex Aquilia, in the beginning, which action cannot have place here, since it would not be given to the master against a master, which ought not to be, as in Digest, On the Lex Aquilia, Item, the mistress, § of the law. But say that this is with regard to criminal punishment, Law Cornelia on assassins, as below, On public judgments, § item the law, which punishment has a place in slaves as well as in free persons, as in Digest, On the Lex Cornelia on assassins, law 1, § 1. Sometimes he is also held civilly if it concerns another, such as a creditor, as in Digest, On pledges, the slave, or a usufructuary, as in On the Lex Aquilia, § if of ownership, as in Digest, On deceit, law "and elegantly," etc.
p But also greater: i.e., great, or greater than is fair.
q Consulted: i.e., questioned, thus Digest, On pacts, law 1, item because, § 1. Whence that saying: I ask you seeking, I consult you giving counsel.
r Sacred: to which places they formerly and today flee, because distinguish, as we determine concerning the manumission of princes, § nor, col. 3.
s Compelled: note here that someone is compelled to sell his own property for good, so that he may have the price, and it does not return to the former master, as below, § and § if, at the end.
t Good conditions: so that he is not affected by a punishment prior to this, or so that they are not exposed or prostituted in the same, as below, next.

By this law? masters can ...s? slaves ...m? have to the master ...m? adversely?

But also a greater harshness of masters is restrained i. prohibited by the constitution of the same prince. For Antoninus, being consulted q by certain governors of provinces concerning those slaves who flee to sacred houses r or to the statue of the prince, commanded that if the cruelty of the masters seems intolerable, they be compelled s to sell their slaves on good t conditions, so that the price might be given to the masters. And rightly so, for it is expedient for the republic that no one make bad use of their own property.

The text says that another? can use his own property against the master's will for the sake of the republic?.

The words of this rescript sent to Aelius Marcianus z are these: "Indeed, the power of masters over their own slaves ought to remain unimpaired a, nor should any man's right be taken away from him; but it concerns b the masters that help against cruelty, or hunger, or intolerable injury c is not denied d to those who justly plead."

"Recognize the complaints of those who from the household of Julius Sabinus a fled to the sacred e statue, and if you discover that they have been treated more harshly than is fair, or affected by an infamous f injury, order them to be sold b, so that they do not return to the power of the masters. If this Sabinus has committed fraud g against my constitution, let him know that I will execute this act against him more severely."

Concerning Paternal Power h.

Our children i, whom we have begotten in just marriages, are in our power u. Marriage k, or matrimony, is the conjunction l of a man and a woman, containing an undivided habit of life. The law x of power which we have over our children is peculiar to Roman citizens. For there are no other men who have such power over their children as...

u It renders "expedient," f. "commanded," Accursius Florentinus.
x Power: because it is of the prince to have wealthy subjects under him, as in the Authenticum, law, at the end, concerning whom, suffrage, thought, coll. 2, which would not happen if it were allowed for any free person to kill his own. And note that this same thing concerns the private individual primarily, and the republic secondarily, as we said above, concerning justice and law, at the end, art.
y Conversely, Digest, On the dissolution of marriage, law "the mother," § although, and law 1, "during the marriage," § if the husband, etc.
z Marcianus: proconsul, by virtue, as in Digest on the same, law 2. party

a Masters: he treats of the allegation and puts forward two reasons or sayings for the masters.
a Unimpaired: that is, undiminished.
b It concerns: that is, it will be to their benefit so that they do not lose the slaves. Or here "is denied," namely by us, or say "it concerns," i.e., it pertains to them so that it is not denied, namely by them, the masters, when perhaps the wife or sons or other household members inform them of these things. § first is truer.
c Injury: which they suffer, looking at natural law, not civil law, as below, On injuries, § 1, the slave.
d Denied: thus, Digest, On the office of the urban prefect, law 1, § "but what," etc.
e Sacred: to which places they formerly and today flee, because distinguish, as we determine in the Authenticum, on the manumission of princes, § nor, col. 3, in Accursius.
f Infamous: i.e., defamed or a great injury.
g Fraud or "the defendant," because he does not obey the master or cunningly denies he is the one who fled.
h Concerning paternal power.
i Power: this word is taken in many ways, as we said above, title, "beginning."
k Marriages: and they are said from "marrying," i.e., "veiling," because they ought to enter veiled, as Isidore says. Matrimony is named thus because the woman marries so that she may become a mother. And these two names signify the same thing by different reasons, Digest, on marriage and wedlock and consort, as Digest, on the rites of marriage, in that law, § this chapter, although the latter is sometimes accepted among slaves, as in Code, On fugitive slaves, law "if me," which is properly called "cohabitation," as in Code, On second marriages, with slave women.
l Conjunction of souls, not just bodies, as Digest, On the rules of law, law "marriages," and that conjunction of souls signifies the union which consists in God and the just of souls. Whence the Apostle: "He who adheres to God is one spirit with Him." The remainder, namely the conjunction of bodies, designates the conformity which consists in the flesh between Christ and the holy church, i.e., the human race. Whence the Evangelist: "The Word was made flesh and dwelt among us."

[Handwritten notes]
From another which masters have power, by which they may... where it is permitted