- 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-lat1:9.4.32.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
This section provides for the taking away of a person under power who is accused of a wrong and undefended, and details the master's obligation to surrender him and promise against fraud if present.
[CALLISTRATUS libro secundo edicti monitorii.]
[CALLISTRATUS, on the Warning Edict, Book II.]
Is qui in aliena potestate est si noxam commisisse dicatur, si non defendatur, ducitur:1 et si praesens est dominus, tradere eum et de dolo malo promittere2 debet.
If a person who is under the power of another is said to have committed a wrong, and if he is not defended, he is led away; and if his master is present, he must surrender him and give a promise against fraud.
- 9.4.32.prducitur
Present passive of duco, meaning 'he is led away'. This refers to the procedural measure in Roman civil litigation where the plaintiff is permitted to physically take away (duci) the offending slave if the master refuses or fails to provide a defense (defensio).
- 9.4.32.prde dolo malo promittere
Literally 'to promise concerning bad faith'. This refers to giving a formal guarantee by verbal contract (stipulatio) that the surrendering party (the master) has not acted, and will not act, with malicious intent (dolus malus) or commit fraud in relation to the surrendered person.