- 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-lat1:2.7.2.pr-2.7.2.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-28
Paulus discusses the rescue of a patron summoned by a freedman, arguing that rescuing someone who was summoned to an improper place does not constitute forcible rescue.
[PAULUS libro quarto ad edictum.]
[PAULUS, in the fourth book on the Edict.]
Nam cum uterque contra edictum faciat,1 et libertus qui patronum uocat, et is qui patronum ui eximat: deteriore tamen loco libertus est, qui in simili delicto petitoris partes sustinet.2
For although both act contrary to the edict—both the freedman who summons his patron, and he who rescues the patron by force—nevertheless, the freedman is in a worse position, as he sustains the role of the plaintiff in a similar wrong.
Eadem aequitas est in eo, qui alio quam quo debuerat3 in ius uocabatur: sed et fortius dicendum est non uideri ui eximi eum,4 cui sit ius ibi non conueniri.
The same equity applies in the case of a person who was being summoned to court at a place other than where he ought to have been; but it must be stated even more strongly that he is not deemed to be rescued by force, who has the right not to be sued there.
- 2.7.2.prcum uterque contra edictum faciat
The cum clause with the subjunctive faciat, paired with tamen (nevertheless) in the main clause, expresses concession ("although both act..."). This structure concedes that both parties are in violation, while emphasizing the worse position of the freedman.
- 2.7.2.prpetitoris partes sustinet
The noun petitor refers to the "plaintiff" or "claimant" in civil litigation. The phrase partes sustinere is an idiomatic expression derived from the theater, meaning "to play the role of" or "to sustain the part of," here meaning to take on the character of the plaintiff.
- 2.7.2.1alio quam quo debuerat
A comparative-like combination of the directional adverb alio (to another place) and quam (than). The antecedent of the relative adverb quo (whither) is omitted, meaning "to a place other than where he ought [to have been summoned]."
- 2.7.2.1non uideri ui eximi eum
The passive verb uideri is used here in the sense of "to be deemed" or "to seem." The accusative eum acts as the subject of the infinitive clause (A.C.I.) and is the antecedent of the following relative clause cui sit..., forming the core statement: "that he is not deemed to be rescued by force."