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The Digest of Justinian

§9.4.33.pr

Defense of Dependents in Noxal Actions and Default

In a noxal action, defending a dependent is voluntary; however, if undefended, a slave must be forfeited, whereas a free person under power must be allowed to defend themselves.

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[POMPONIUS libro quarto decimo ad Sabinum.]

[POMPONIUS, on Sabinus, Book XIV.]

§9.4.33.pr

​Noxali iudicio inuitus nemo cogitur alium defendere, sed carere debet eo1 quem non defendit, si seruus est: quod si liber est qui in potestate sit, indistincte ipsi sui defensio2 danda est:

​In a noxal action, no one is compelled against his will to defend another, but he must forfeit the person whom he does not defend, if he is a slave; but if he who is under power is a free person, the defense of himself must be given to him himself without distinction.

Syntax notes2 items
  1. 9.4.33.prcarere debet eo

    The verb carere (to lack, forfeit) takes an ablative object (here eo). In a noxal action, if the master does not defend the slave, he must forfeit ownership of him (e.g., through noxal surrender).

  2. 9.4.33.pripsi sui defensio

    ipsi is a dative ("to himself") referring to the free person under power. sui is an objective genitive modifying the noun defensio ("defense of himself"). Thus, the phrase means "the defense of himself must be given to himself."

Translated by Gemini 3.5 Flash (published 2026-07-12) · Revisions to the English translation and the original (1, latest 2026-11-15)
  • 2026-11-15 AI review — translation 1
urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.4.33.pr