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The Digest of Justinian

§9.4.43.pr

Duty to Defend a Slave at the Place of Wrong and Loss of Ownership

Pomponius explains that since noxal liability follows the slave's person, they must be defended in the place where the offense was committed, and an owner who fails to produce or defend them may lose ownership of them.

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[POMPONIUS libro octauo epistularum.]

[POMPONIUS, Book VIII of Letters.]

§9.4.43.pr

​Serui, quorum noxa caput sequitur,1 ibi defendendi sunt, ubi deliquisse arguentur: itaque seruos dominus eodem loco exhibere debet, ubi uim intulisse dicentur et carere omnium dominio potest,2 si eos non defendat.

​Slaves whose noxal liability follows their person must be defended in the place where they are alleged to have committed the offense; therefore, the owner must produce the slaves in the same place where they are said to have committed violence, and he may lose the ownership of all of them if he does not defend them.

Syntax notes2 items
  1. 9.4.43.prnoxa caput sequitur

    This points to the fundamental Roman law principle that "noxal liability follows the person." Here, caput refers to the person (literally, head) of the slave who committed the delict, meaning that the liability attaches to the slave and passes to whoever is the current owner.

  2. 9.4.43.prcarere omnium dominio potest

    The verb carere governs the ablative case, here taking dominio. omnium is a genitive plural referring back to serui (slaves) and modifying dominio. Thus, the phrase means "the owner may lose the ownership of all of them."

Translated by Gemini 3.5 Flash (published 2026-07-12) · No revisions to the English translation or the originalurn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.4.43.pr