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Justinian I · The Digest of Justinian §39.4.3.pr-39.4.3.3

Tax Collectors Producing Slaves and Noxal Liability

Passage 6202 of 9271 · Latin

Summary

Ulpian discusses the obligation of tax collectors to produce their slaves and their liability to noxal actions, clarifying that 'masters' includes partners of the tax, and outlines the rules for liability when multiple slaves commit a single tort.

[ULPIANUS libro quinquagensimo quinto ad edictum. ] §39.4.3.preum, si exhibuissent, noxali iudicio conuenirentur.
[ULPIAN in the fifty-fifth book on the Edict.] if they should produce him, they would be sued in a noxal action.
idcirco autem tam dura condicio eorum effecta est, quia debent bonos seruos ad hoc ministerium eligere.
Moreover, the condition of these persons was made so harsh for the reason that they ought to choose good slaves for this service.
§39.4.3.1Quod ait 'in dominos', sic accipiendum est 'in socios uectigalis', licet domini non sint.
Where it says 'against the masters', this must be understood as 'against the partners of the tax', even though they are not the masters.
§39.4.3.2Ante autem actorem dicere oportet, quem uel quos desideret exhiberi, ut, si non exhibeantur, hinc agatur.
But beforehand the plaintiff must state whom he desires to be produced, so that, if they are not produced, an action may be brought on this ground.
sed si dicatur: 'exhibe omnes, ut possim dinoscere quis sit', puto audiendum.
But if it is said: 'produce them all, so that I may distinguish who it is', I think this should be heard.
§39.4.3.3Si plures serui id furtum uel damnum admiserint, hoc debet seruari, ut, si tantum praestetur, quantum, si unus liber fecisset, absolutio fiat.
If several slaves have committed that theft or damage, this rule must be observed, that if as much is paid as would be if one free man had done it, absolution shall take place.

Notes

  1. §39.4.3.prsi exhibuissent, conuenirentur — A mixed conditional sentence combining the subjunctive pluperfect 'exhibuissent' and the subjunctive imperfect 'conuenirentur'. This structure indicates a past hypothetical condition (if they had produced him) leading to a subsequent or ongoing state of liability (they would be sued), or reflects syntactic adjustments made during the compilation of the Digest when connecting this fragment to the preceding one.
  2. §39.4.3.2hinc agatur — The adverb 'hinc' (hence, from here) refers to the situation described in the conditional clause 'si non exhibeantur' (if they are not produced). The phrase means that the action is to be brought on the ground of non-production.
  3. §39.4.3.3quantum, si unus liber fecisset — A verb such as 'praestandum esset' (would have to be paid) is omitted after 'quantum'. The clause limits the accumulation of liability in joint torts committed by multiple slaves, stating that if an amount equivalent to what a single free person would pay is provided, all are discharged (absolutio).

Cite this passage

Justinian I, The Digest of Justinian §39.4.3.pr-39.4.3.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.4.3.pr-39.4.3.3

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