- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.4.19.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-27
Paulus states that a defendant who hides is sufficiently penalized by his adversary being put in possession of his goods, but quotes Julian's opinion that a defendant can be rightly summoned if he allows access or is seen from a public place.
[PAULUS libro primo ad edictum.]
[PAULUS, in the first book on the Edict.]
Satisque poenae1 subire eum, si non defendatur2 et latitet, certum est, quod mittitur aduersarius in possessionem bonorum eius.3 sed si aditum ad se praestet aut ex publico conspiciatur, recte in ius uocari eum Iulianus ait.
And it is certain that he undergoes sufficient penalty, if he is not defended and hides, because his adversary is put into possession of his goods. But if he allows access to himself or is seen from a public place, Julian says that he is rightly summoned to court.
- 2.4.19.prsatis poenae
Consists of the adverb satis used as a neuter noun and the partitive genitive poenae. The entire phrase functions as the direct object of the infinitive subire, and the accusative-and-infinitive clause eum subire... serves as the subject of certum est.
- 2.4.19.prdefendatur
Present passive subjunctive. It refers to not being defended, either by the defendant himself or by a representative/attorney in his absence. In Roman law, a defendant could avoid personal appearance by appointing a representative, but this verb covers the failure to do even that.
- 2.4.19.prmittitur aduersarius in possessionem bonorum eius
A technical legal term referring to the "sending into possession of goods" (missio in possessionem) in Roman civil procedure. When a defendant hid (latitatio) and was not defended, the magistrate (praetor) would grant the plaintiff (aduersarius) possession and control of the defendant's property, which constituted the "sufficient penalty."