- 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-lat1:9.2.25.pr-9.2.25.2
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
Ulpian explains that there is no liability for a false confession regarding a deceased person, discusses actions based on confessions made by representatives, and notes that a judge's role against a confessing party is limited to assessment rather than adjudication.
[ULPIANUS libro octauo decimo ad edictum.]
[ULPIANUS, from the eighteenth book on the Edict.]
Proinde si occisus quidem non sit, mortuus autem sit, magis est, ut non teneatur1 in mortuo, licet fassus sit.
Therefore, if the slave was not killed but died, it is more correct that there should be no liability in respect of a dead person, even if he confessed [to having killed him].
Si procurator aut tutor aut curator aut quiuis alius confiteatur aut absentem uulnerasse,2 confessoria in eos utilis actio danda est.
If a procurator, tutor, curator, or anyone else confesses either that he himself wounded someone or that the absent person [whom he represents] did so, a confessory beneficial action is to be granted against them.
Notandum, quod in hac actione, quae aduersus confitentem datur, iudex non rei iudicandae, sed aestimandae3 datur: nam nullae partes sunt iudicandi in confitentes.
It should be noted that in this action, which is granted against a person who confesses, a judge is appointed not to decide the case, but to assess the value; for there is no part left for deciding against those who confess.
- 9.2.25.prmagis est, ut non teneatur
The impersonal expression 'magis est' (it is more likely/correct) introduces a subjunctive clause with 'ut'. 'fassus sit' (even if he confessed) is a perfect subjunctive introduced by the concessive 'licet'. The phrase states that it is legally more correct that no liability under the Lex Aquilia arises in respect of a dead person when the slave was not killed but died of other causes, even if a false confession of killing was made.
- 9.2.25.1aut absentem uulnerasse
An accusative with infinitive construction (uulnerasse is a perfect infinitive). The conjunction 'aut' suggests either an omission of 'se' (referring to the representative themselves) or a contrast, implying that they confess either that they themselves did the wounding or that the absent person (the principal they represent) did so. Some commentators suggest 'aut' is a corruption of 'se', but syntactically it functions to present the options of liability arising from the representative's or the principal's actions.
- 9.2.25.2rei iudicandae, sed aestimandae
Gerundive constructions in the genitive, modifying 'iudex' or expressing purpose ('for the purpose of...'). 'rei' acts as the shared object for both 'iudicandae' and 'aestimandae'. This points to the procedural rule that when a confession is made, there is no scope for 'adjudicating' (iudicare) the merits of the case; the judge is appointed solely for 'assessing' (aestimare) the value/damages.