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The Digest of Justinian

§2.11.7.pr

Exceptions in Promises to Present Slaves or Dependents

Discusses the availability of exceptions when promising to present a slave or dependent in court, explaining that while the exception of absence on public business cannot apply to a slave, other common exceptions apply equally as in the case of free persons.

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[PAULUS libro sexagensimo nono ad edictum.]

[PAULUS, in the sixty-ninth book on the Edict.]

§2.11.7.pr

​Si quis seruum in iudicio sisti1 promiserit uel alium qui in aliena potestate est, isdem exceptionibus utitur, quibus si2 pro libero uel patre familias fideiussit, praeterquam si rei publicae causa abesse diceretur seruus: nam seruus rei publicae causa abesse non potest. praeter hanc autem exceptionem ceterae, quia communes sunt, tam in libero homine quam in seruo locum habent.

​If anyone has promised that a slave be presented in court, or another who is under the power of another, he can avail himself of the same exceptions as if he had guaranteed for a free man or a paterfamilias, except if the slave were said to be absent on public business; for a slave cannot be absent on public business. But besides this exception, the others, because they are common, apply as well in the case of a free man as in that of a slave.

Syntax notes2 items
  1. 2.11.7.prsisti

    Present passive infinitive of the transitive verb sisto (to present, cause to appear). The phrase seruum... sisti forms an accusative-with-infinitive (A.C.I.) construction acting as the object of promiserit ("promised that a slave be presented").

  2. 2.11.7.prquibus si

    The relative pronoun quibus refers to the antecedent exceptionibus and is in the ablative case, governed by the omitted verb utitur (or by attraction). Together with the conditional clause si..., it forms an elliptical comparative conditional structure: "with the same exceptions [which he would use] if he had guaranteed for...".

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.11.7.pr