[GAIUS libro uicesimo primo ad edictum prouinciale. ] §39.4.2.prnec liceat domino absentem defendere eum,
[GAIUS in the twenty-first book on the Provincial Edict.] Nor shall it be lawful for the master to defend him in his absence,
Justinian I · The Digest of Justinian §39.4.2.pr
Prohibition on Defending an Absent Slave
Summary
A provision prohibiting a master from defending an absent slave in court.
Notes
- §39.4.2.prabsentem defendere eum — The accusative pronoun 'eum' refers to the slave (or household member) who is not produced by the master, as mentioned in the preceding context. The accusative adjective 'absentem' modifies 'eum', denoting a temporary state ('while he is absent'). Here, 'defendere' means to undertake the defense of the accused in a lawsuit as a representative or proxy, which the master is forbidden to do if the slave is not produced.
Cite this passage
Justinian I, The Digest of Justinian §39.4.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.4.2.pr
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