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Justinian I · The Digest of Justinian §48.1.11.pr

Defense of an Accused Slave by the Master's Procurator

Passage 8124 of 9271 · Latin

Summary

Maecianus states that in a trial, a slave can be defended by their master's procurator just as they would be by the master himself.

[MAECIANUS libro decimo de iudiciis publicis. ] §48.1.11.prSeruus per procuratorem domini aeque ac per dominum defendi potest.
[MAECIANUS in his tenth book on Public Trials.] A slave can be defended by the procurator of his master just as well as by the master himself.

Notes

  1. §48.1.11.praeque ac — The combination of the adverb aeque and the conjunction ac is used to express comparison, meaning "just as" or "in the same manner as." Here, it establishes that defense by the master's agent (procurator) has the same legal validity as defense by the master (dominus) himself.
  2. §48.1.11.prdefendi — Present passive infinitive of the verb defendo (to defend, protect in a lawsuit). Used in dependency on potest (can), it signifies that the slave, who lacks independent legal standing, can be "defended" in court through the master or his representative.

Cite this passage

Justinian I, The Digest of Justinian §48.1.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.1.11.pr

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