- 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-lat1:3.2.14.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-02
This section explains why a slave, whose master accepted a noxal action on his behalf and subsequently freed and appointed him as heir, does not incur infamy upon condemnation, as the action was not originally joined against the slave himself.
[PAULUS libro quinto ad edictum.]
[PAULUS, in his Fifth Book on the Edict.]
Seruus, cuius nomine noxale iudicium dominus acceperit,1 deinde eundem liberum et heredem instituerit, ex eodem iudicio damnatus non est famosus,2 quia non suo nomine condemnatur: quippe cum initio lis in eum contestata non sit.3
A slave, in whose name his master has accepted a noxal action, and has subsequently appointed him free and heir, does not become infamous if condemned in that same action, because he is not condemned in his own name; since indeed the joinder of issue was not initially made against him.
- 3.2.14.prnoxale iudicium dominus acceperit
"The master has accepted (acceperit) a noxal action (noxale iudicium)" means that the master becomes the defendant party to the lawsuit arising from the slave's delict. The phrase cuius nomine ("in whose name") refers to the slave who committed the delict.
- 3.2.14.prSeruus ... damnatus non est famosus
The main subject of the sentence is Seruus. After a long modification by the relative clause and other phrases, it is connected to the main verb non est famosus via the participle damnatus ("condemned"). The clause from cuius nomine to instituerit is a relative clause qualifying Seruus.
- 3.2.14.prquippe cum initio lis in eum contestata non sit
quippe cum introduces a subjunctive clause expressing cause ("since indeed"). lis contestata (litis contestatio, joinder of issue) is a crucial stage in Roman civil procedure that fixes the issue of the trial; because this was initially directed against the master and not against the slave (in eum), the slave himself was not the original defendant.