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Justinian I · The Digest of Justinian §9.4.32.pr

Abduction of Undefended Slaves and Surrender Undertaking

Passage 1613 of 9271 · Latin

Summary

This section provides for the taking away of a person under power who is accused of a wrong and undefended, and details the master's obligation to surrender him and promise against fraud if present.

[CALLISTRATUS libro secundo edicti monitorii. ] §9.4.32.prIs qui in aliena potestate est si noxam commisisse dicatur, si non defendatur, ducitur: et si praesens est dominus, tradere eum et de dolo malo promittere debet.
[CALLISTRATUS, on the Warning Edict, Book II.] If a person who is under the power of another is said to have committed a wrong, and if he is not defended, he is led away; and if his master is present, he must surrender him and give a promise against fraud.

Notes

  1. 9.4.32.prducitur — Present passive of duco, meaning 'he is led away'. This refers to the procedural measure in Roman civil litigation where the plaintiff is permitted to physically take away (duci) the offending slave if the master refuses or fails to provide a defense (defensio).
  2. 9.4.32.prde dolo malo promittere — Literally 'to promise concerning bad faith'. This refers to giving a formal guarantee by verbal contract (stipulatio) that the surrendering party (the master) has not acted, and will not act, with malicious intent (dolus malus) or commit fraud in relation to the surrendered person.

Cite this passage

Justinian I, The Digest of Justinian §9.4.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.4.32.pr

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