Legal and Matrimonial Implications of Captivity in Digest XLIX.15 of Emperor Justinian I (527-565)

Yanko M. HRISTOV

DOI: 10.47743/asui-2024-0009

Abstract: Revealing as much as possible about captivity and slavery is crucial to the study of pre-modern societies, which would otherwise struggle to achieve significant insights. In terms of understanding the fate of war captives in the early Byzantine era, much remains to be done, despite the number of publications regarding the issue. Undoubtedly, the deficits in primary sources pose certain constraints on research into captives and slaves during the transitional period between Late Antiquity and the Early Medieval era. Nevertheless, the long-lasting influence of legal compilations from the reign of Emperor Justinian I, particularly the detailed provisions in Digest XLIX.15, offers valuable insights for further scholarly efforts. The present short remarks aim to trace and highlights the family-legal aspects and challenges arising from captivity, focusing on the resulting changes in the legal and social status of imperial subjects who fell into enemy hands.

Keywords: Captivity; Prisoners of war; Ransom; Postliminium; Digest of Emperor Justinian I the Great (527-565).