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Justinian I · The Digest of Justinian §2.7.3.pr-2.7.3.2

Scope of the Edict and the Requirement of Force

Passage 299 of 9271 · Latin

Summary

The text discusses the applicability of the edict when a slave or someone summoned before a pedaneus judge is rescued, and whether the requirement of "by force" includes malicious intent.

[ULPIANUS libro quinto ad edictum. ] §2.7.3.prQuod si seruum quis exemit in ius uocatum, Pedius putat cessare edictum, quoniam non fuit persona, quae in ius uocari potuit.
[ULPIANUS, in the fifth book on the Edict.] But if someone has rescued a slave who was summoned to court, Pedius thinks that the edict does not apply, since the slave was not a person who could be summoned to court.
quid ergo? ad exhibendum erit agendum.
What then? An action for production must be brought.
§2.7.3.1Si quis ad pedaneum iudicem uocatum quem eximat, poena eius edicti cessabit.
If anyone should rescue someone who has been summoned before a pedaneus judge, the penalty of this edict will not apply.
§2.7.3.2Quod praetor praecepit 'ui eximat': ui an et dolo malo? sufficit ui, quamuis dolus malus cesset.
As for the praetor's instruction "rescues by force": is it by force, or also with malicious intent? Force is sufficient, even if malicious intent is absent.

Notes

  1. §2.7.3.prad exhibendum erit agendum — This is an impersonal passive periphrastic construction (erit agendum), meaning "an action must be brought." The gerund phrase "ad exhibendum" ("for production") refers to the action for production (actio ad exhibendum).
  2. §2.7.3.1quem eximat — Following the conjunction "si", the prefixes of the indefinite pronouns aliquis and aliquem are regularly dropped, so that "quis" acts as the subject ("anyone") and "quem" acts as the object ("someone"). The participle "uocatum" modifies "quem".
  3. §2.7.3.2Quod praetor praecepit — A relative clause of respect introduced by "quod" ("As for the fact that..."), used to introduce a specific wording from the praetor's edict as the topic of discussion.

Cite this passage

Justinian I, The Digest of Justinian §2.7.3.pr-2.7.3.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.7.3.pr-2.7.3.2

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