- 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-lat1:9.4.9.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
This section regulates the liability when a common slave commits a theft with only one of the co-owners being aware of it, establishing the sole liability of the knowing owner and the right of recovery for the ignorant owner.
[PAULUS libro trigensimo nono ad edictum.]
[PAULUS, Book 39 on the Edict]
Si communis familia uel communis seruus furtum fecerit altero ex dominis sciente,1 is qui scit omnium nomine tenebitur et conuentus2 alterum quoque liberat nec a socio quicquam debebit consequi: sui enim facti nomine poenam meruit. quod si is qui ignorauit duplum praestiterit, a socio simplum3 consequetur.
If a common household of slaves or a common slave commits a theft with one of the owners being aware of it, the one who knows shall be held liable in the name of all; and if he is sued, he also releases the other, and he ought not to recover anything from his partner: for he has deserved the penalty on account of his own deed. But if the one who was ignorant has paid double, he shall recover the single amount from his partner.
- 9.4.9.praltero ex dominis sciente
An ablative absolute construction with the pronoun 'altero' (one of the two) as the subject and the present participle 'sciente'. It means 'with one of the owners being aware of it', referring to the tacit consent to the slave's wrongdoing.
- 9.4.9.prconuentus
The perfect passive participle of the verb 'conuenio' (to sue, summon) in the nominative singular masculine, modifying the subject of the main clause (is qui scit). It functions adverbially, expressing a condition or time: 'when he has been sued' or 'if he is sued'.
- 9.4.9.prsimplum
An accusative noun meaning 'the single amount', contrasted with the preceding 'duplum' (double amount). It indicates that if the ignorant co-owner has paid double damages in a theft action, he can recover the single amount (representing the partner's share or fault) from the partner who was aware of the theft.