- 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-lat1:9.2.39.pr-9.2.39.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
This chunk discusses the liability for causing damage, such as abortion, by striking or violently driving off another's livestock grazing on one's land, and outlines the lawful manner in which a landowner must handle intruding animals.
[POMPONIUS libro septimo decimo ad Quintum Mucium.]
[POMPONIUS, in the seventeenth book on Quintus Mucius.]
Quintus Mucius scribit: equa cum in alieno pasceretur, in cogendo1 quod praegnas erat eiecit: quaerebatur, dominus eius possetne cum eo qui coegisset lege Aquilia agere, quia equam in iciendo2 ruperat. si percussisset aut consulto uehementius egisset, uisum est agere posse.
Quintus Mucius writes: when a mare was grazing on another’s land, she aborted in the process of being driven off because she was pregnant. The question was raised whether her owner could bring an action under the Lex Aquilia against the person who had driven her off, because he had injured the mare by striking her. If he had struck her or had deliberately driven her off too violently, it was held that the action could be brought.
POMPONIUS. Quamuis alienum pecus in agro suo quis deprehendit, sic illud expellere debet, quomodo si suum deprehendisset, quoniam si quid ex ea re damnum cepit, habet proprias actiones. itaque qui pecus alienum in agro suo deprehenderit, non iure3 id includit, nec agere illud aliter debet quam ut supra diximus quasi suum: sed uel abigere debet sine damno uel admonere dominum, ut suum recipiat.
POMPONIUS. Although someone finds another’s beast on his own land, he must drive it out in the same manner as if he had found his own, since if he has suffered any damage from that circumstance, he has his own proper actions. Therefore, he who finds another’s beast on his own land does not lawfully shut it up, nor must he drive it in any other way than, as we said above, as if it were his own; but he must either drive it away without causing damage or warn the owner to take his property back.
- 9.2.39.prin cogendo
The ablative gerund of cogere (to drive, collect) with the preposition in, indicating the process or course of driving the mare off the land.
- 9.2.39.prin iciendo
The ablative gerund of icere (to strike, hit) with the preposition in. Although some manuscripts read in igendo (in driving) or in eiciendo (in causing abortion), following the transmitted text in iciendo implies that the driver caused physical harm (ruperat) to the mare by striking or hitting her.
- 9.2.39.1non iure
The ablative of ius (right, law) used adverbially with the negative non, meaning "without right" or "unlawfully."