Humanitext Reader

Justinian I · The Digest of Justinian §3.2.14.pr

Exemption from Infamy for Freed Slave in Noxal Action

Passage 472 of 9271 · Latin

Summary

This section explains why a slave, whose master accepted a noxal action on his behalf and subsequently freed and appointed him as heir, does not incur infamy upon condemnation, as the action was not originally joined against the slave himself.

[PAULUS libro quinto ad edictum. ] §3.2.14.prSeruus, cuius nomine noxale iudicium dominus acceperit, deinde eundem liberum et heredem instituerit, ex eodem iudicio damnatus non est famosus, quia non suo nomine condemnatur: quippe cum initio lis in eum contestata non sit.
[PAULUS, in his Fifth Book on the Edict.] A slave, in whose name his master has accepted a noxal action, and has subsequently appointed him free and heir, does not become infamous if condemned in that same action, because he is not condemned in his own name; since indeed the joinder of issue was not initially made against him.

Notes

  1. §3.2.14.prSeruus ... damnatus non est famosus — The main subject of the sentence is `Seruus`. After a long modification by the relative clause and other phrases, it is connected to the main verb `non est famosus` via the participle `damnatus` ("condemned"). The clause from `cuius nomine` to `instituerit` is a relative clause qualifying `Seruus`.
  2. §3.2.14.prnoxale iudicium dominus acceperit — "The master has accepted (`acceperit`) a noxal action (`noxale iudicium`)" means that the master becomes the defendant party to the lawsuit arising from the slave's delict. The phrase `cuius nomine` ("in whose name") refers to the slave who committed the delict.
  3. §3.2.14.prquippe cum initio lis in eum contestata non sit — `quippe cum` introduces a subjunctive clause expressing cause ("since indeed"). `lis contestata` (litis contestatio, joinder of issue) is a crucial stage in Roman civil procedure that fixes the issue of the trial; because this was initially directed against the master and not against the slave (`in eum`), the slave himself was not the original defendant.

Cite this passage

Justinian I, The Digest of Justinian §3.2.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.14.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.