- 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-lat1:3.3.33.pr-3.3.33.5
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-03
This section discusses the capacity of slaves, sons-in-power, and persons litigating their status to have a procurator, the defense of absent parties, and the duties of defense and security imposed on litigation procurators under the Praetorian Edict.
[ULPIANUS libro nono ad edictum.]
[ULPIANUS, in the ninth book on the Edict.]
Seruum quoque et filium familias procuratorem posse habere aiunt. et quantum ad filium familias uerum est: in seruo subsistimus.1 et negotia quidem peculiaria serui posse gerere aliquem et hoc casu procuratorem eius esse admittimus, quod et Labeoni uidetur: actionem autem intendere uetamus.
They say that a slave and a son-in-power can also have a procurator. And as far as the son-in-power is concerned, this is true; in the case of a slave, we hesitate. Indeed, we admit that someone can manage the affairs relating to the slave’s peculium and, in this case, be his procurator—which is also Labeo’s view—but we forbid him to bring an action.
Eum uero qui de statu suo litigat procuratorem habere posse non dubitamus non solum in administratione rerum, sed etiam in actionibus, quae ei uel aduersus eum competant, ex possessione siue seruitutis siue libertatis2 de suo statu litigat. ex contrario quoque eum procuratorem dari posse manifestum est.
On the other hand, we do not doubt that he who is litigating concerning his status can have a procurator, not only in the administration of property, but also in actions which lie in his favor or against him, provided that he is litigating concerning his status from a possession of either slavery or freedom. Conversely, it is also manifest that he can be appointed as a procurator.
Publice utile est absentes a quibuscumque defendi: nam et in capitalibus iudiciis defensio datur. ubicumque itaque absens quis damnari potest, ibi quemuis uerba pro eo facientem et innocentiam excusantem audiri aequum est et ordinarium admittere:3 quod et ex rescripto imperatoris nostri apparet.
It is of public utility that absent persons be defended by anyone whomsoever; for defense is allowed even in capital trials. Therefore, wherever an absent person can be condemned, it is equitable that anyone speaking on his behalf and pleading his innocence should be heard, and that his admission should be ordinary; which also appears from a rescript of our Emperor.
Ait praetor: 'Cuius nomine quis actionem dari sibi postulabit, is eum uiri boni arbitratu defendat: et ei quo nomine aget id ratum habere eum ad quem ea res pertinet,4 boni uiri arbitratu satisdet'.
The Praetor says: ‘In whose name anyone shall demand that an action be granted to him, he shall defend that person according to the judgment of an upright man; and he shall give security, according to the judgment of an upright man, to the party against whom he is acting, that the person to whom the matter pertains will ratify his action.’
Aequum praetori uisum est eum, qui alicuius nomine procurator experitur, eundem etiam defensionem suscipere.
It seemed equitable to the Praetor that he who sues as a procurator in another’s name should also undertake the defense of that person.
Si quis in rem suam procurator interueniat, adhuc erit dicendum debere eum defendere: nisi forte ex necessitate fuerit factus.
If anyone intervenes as a procurator in his own interest, it must still be said that he ought to defend; unless perhaps he was made such out of necessity.
- 3.3.33.prin seruo subsistimus
The verb subsistere means 'to halt' or 'to hesitate.' Here it indicates that the jurists hesitate to unconditionally grant the capacity to have a procurator in the case of a slave, pausing their assent.
- 3.3.33.1ex possessione siue seruitutis siue libertatis
The genitives seruitutis and libertatis modify the noun possessione (possession, factual state). This refers to the factual state prior to the lawsuit, i.e., whether the litigant was factually possessed as a slave or as a free person.
- 3.3.33.2et ordinarium admittere
The active infinitive admittere forms, together with the preceding passive audiri, the subject clause of aequum est. Here ordinarium is understood substantively as 'as an ordinary (defender)', serving as the object or complement of admittere.
- 3.3.33.3id ratum habere eum ad quem ea res pertinet
This is an accusative with infinitive construction acting as the object of satisdet (to give security). eum ad quem ea res pertinet (the person to whom the matter pertains, i.e., the principal) is the subject accusative of habere, and id ratum habere means 'to ratify it (hold it as valid)'.