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The Digest of Justinian

§9.2.3.pr

Requirement of Unlawfulness in Killing under the Lex Aquilia

Ulpian explains that the Lex Aquilia applies to the unlawful killing of a slave, noting that it is not mere killing but the unlawfulness of the act that is required.

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[ULPIANUS libro octauo decimo ad edictum.]

[ULPIAN, from the eighteenth book on the Edict.]

§9.2.3.pr

​Si seruus seruaue iniuria1 occisus occisaue fuerit, lex Aquilia locum habet.2 iniuria occisum3 esse merito adicitur: non enim sufficit occisum, sed oportet iniuria id esse factum.

​If a male or female slave has been unlawfully killed, the Lex Aquilia applies. It is with good reason added that they must be “unlawfully killed”; for it is not enough that they were killed, but it is necessary that this was done unlawfully.

Syntax notes3 items
  1. 9.2.3.priniuria

    The ablative singular form of the noun "iniuria" (injury, injustice), used here adverbially to mean "unlawfully" or "wrongfully".

  2. 9.2.3.prlocum habet

    Literally "has a place," which is an idiomatic expression in legal contexts meaning "applies" or "comes into play."

  3. 9.2.3.proccisum

    An accusative infinitive clause acting as the subject of "non enim sufficit" (for it is not sufficient), with "esse" omitted, representing "occisum [esse]" (that [the slave] was killed).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.2.3.pr