Slavery in Scotland: Contemporary Case and Roman Law.
On 12 February, 2019, the High Court of Justiciary issued the opinion of the Apeal Court in John Millar v. Her Majesty’s Advocate  HCJAC7. The appeal arose out of the well publicised trial of “travelling people” for holding some individuals in slavery or servitude. The appellant in particular was convicted for holding a vulnerable man in “servitude”. See the sentencing statement: http://www.scotland-judiciary.org.uk/8/1939/HMA-v-Robert-McPhee–James-McPhee–Steven-McPhee–John-Miller. From the opinion it seems that the trial judge, Lady Stacey, said some interesting things about the property-law type definition of slavery in international law, in charging the jury, and withdrawing from them the possibility of a finding slavery. I may return to this later, having been on the research network that produced the Bellagio-Harvard Guidelines on the Legal Parameters of Slavery. Greater reflection on the case, and its citation of Siliadin, will be necessary before I can do that. But here I just want to note that counsel for the appellant, in developing their argument, cited Justinian’s Digest in support, D. 220.127.116.11. This is a text, expounding the Lex Fabia on kidnapping, in which the jurist Callistratus discusses forcing a free man to act against his will and putting him in fetters. It in fact direct reflected the situation in which the victim found himself.