- 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-lat1:4.8.43.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
In a submission to arbitration between Lucius Titius and Maevius Sempronius, where certain items were omitted from the claim by mistake and left undecided, it is asked whether those items can still be claimed; the response is that they can be claimed without penalty if omitted by error, but with penalty if omitted maliciously.
[SCAEUOLA libro primo responsorum.]
[SCAEVOLA in his first book of Opinions.]
De rebus controuersiisque omnibus compromissum in arbitrum a Lucio Titio et Maeuio Sempronio factum est, sed errore quaedam species1 in petitionem a Lucio Titio deductae non sunt2 nec arbiter de his quicquam pronuntiauit: quaesitum est an species omissae peti possint. respondit peti posse nec poenam ex compromisso committi.3 quod si maligne hoc fecit,4 petere quidem potest, sed poenae subiugabitur.
A submission to an arbitrator was made by Lucius Titius and Maevius Sempronius concerning all matters and disputes, but by error certain specific items were not included in the claim by Lucius Titius, and the arbitrator did not make any award concerning them. The question was raised whether the omitted items could be claimed. He replied that they could be claimed, and that the penalty under the submission was not incurred. But if he did this maliciously, he can indeed claim them, but he will be subject to the penalty.
- 4.8.43.prspecies
The word species (nominative plural here) refers not to a philosophical 'species' but to 'specific items' or 'individual objects' of dispute, which were meant to be included in the arbitration claim.
- 4.8.43.prin petitionem... deductae non sunt
The phrase deducere in petitionem is a legal idiom meaning 'to bring into a claim' or 'to include in a petition'. It describes the situation where Lucius Titius, by mistake, failed to present certain items to the arbitrator for adjudication.
- 4.8.43.prnec poenam ex compromisso committi
The expression poenam committere means that the penalty (stipulated in the submission to deter non-compliance) is 'incurred' or 'triggered'. Grammatically, this is an accusative with infinitive clause depending on respondit.
- 4.8.43.prquod si maligne hoc fecit
The phrase quod si is a transitional conjunction meaning 'but if'. The implied subject of fecit is Lucius Titius. It sets up a contrast between an omission made by error (errore) and one made with malicious intent (maligne) to bypass the arbitration for certain items.
Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
- 2026-09-21 AI review — note 1