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On this page: Nudipedalia – Nudus – Numerus – Nummularii – Nummus – Nummus

808

NOXALIS ACTIO.

had a Noxalis Actio, or a legal remedy for the Noxa or wrong done to him, against the father (pater­familias} or the owner of the slave, as the case might he ; hut he had no action against the son or the slave. The word Noxa (from noceo) properly signified injury done ; in its legal sense it compre­hended every "delictum. (Dig. 50. tit. 16. s. 238.) The father or the master might either pay damages to the injured person, or surrender the offender to him. The surrender of the offender was expressed by the phrase " noxae dare or dedere ; V and the acceptance of the offender in satisfaction of the in­jury was expressed by the phrase "noxae ac-cipere : " in these expressions " noxa " does not mean "punishment," as is sometimes supposed, but the meaning of the expression is that the per­son was surrendered in respect of or as a compen­sation for his Noxa. In the Institutes (4. tit. 8) Noxa is denned to be the person that does the mischief, that is, the slave, and Noxia the mischief that is done.

Noxales Actiones were given both "by Leges and by the Edict. In the case of Fur turn they were given by the Twelve Tables.; -and in the case of Damni Injuria by the Lex Aq-wlia, In the case of Injuriae and of Vi Bonorra-a Raptorum, they were'given by the Edict. This action was said "caput sequi," which as thus explained by in­stances : if a son or slave committed Noxa, the action was against the father or owner, so long as the offender was in his power ; if the offender be­came sui juris, the injured party had a directa actio against him ; and if he came into the power of another person, that other person was liable to the action. If a paterfamilias committed a Noxa, and was adopted (-adrogated), the actio which was originally against him (direda\ became an action against the adopting person. A paterfamilias or master could have no action against :a son or slave in respect of a Noxa, done to himself, the ground of which was that no obligatio could be contracted between such parties ; and as the foundation of all obligatio was wanting in such case, it followed that there could "be no action against such son or slave, if he became sui juris, nor against another person into whose power he might come. If another per­son's slave or son committed Noxa, and then came into the power of the injured person, it was a ques­tion between the two schools whether the right of action was extinguished, or only suspended so as to revive in case the offending party was released from the power of the injured person. The opinion of the Proculiani, which was in favour of the suspension only, appears more consistent with the principles on which this right of action \vas founded.

The mode of the " noxae deditio " was by man-cipatio. The Proculiani contended that three man-cipationes vvere required by the Law of the Twelve Tables [emancipatio] ; but the Sabiniani con­tended that the Law only applied to the case of voluntary mancipations, and that one mancipatio was sufficient.

If the father or owner made no defence to a noxalis actio, the offender was given up by a de­cree of the praetor to the injured person, and thus became his praetorian property (in bonis}. If seve­ral slaves committed theft, the Edict required the master to pay only the amount of damage Avhich would be payable, in case a single freeman had committed the theft.

NUMMUS.- •

rJustinian abolished the noxae datio in the case of children; observing that it appeared from the ancient jurists, that there might be an action against a filiusfamilias in respect of his own delicts.

As,to damage done by an animal, see paupe-ries.

(Gaius, iv. 75—79 ; Instit. 4. tit. 8 ; Dig. 9 tit. 4.) [G. L.]

NUDIPEDALIA. [calceus, p. 221, a.]

NUDUS (yvfjt,v6s). These words, besides de­noting absolute nakedness, which was to be dj/a/i-iri^ovos kcu vyyruiv (compare Moschus, iv. 98), were applied to any one who, being without an amictus, wore only his tunic or indutus. (Aris • toph. Ecdes. 409 ; John xxi. 7.) In this state of nudity, the ancients performed the operations of ploughing, sowing, and reaping. (Hes. Op. et Dies^ 391 ; Proclus ad loc.; Virg. Georg. i. 299 ; Servius adloc.; Aelian, V. II. vi. 11, xiii.27 ; Matt. xxiv. 18.) Thus Cincinnatus was found naked at the plough when he was called to be dictator, and sent for his toga, that he might appear before the senate. (Plin. //. N. xviii. 4 ; Aur. Vict. de Vir. Illust. 17 ; Liv. iii 26,) The accompanying wood­cut is taken from an antique gem in the Florentine Collection., and shows a man ploughing in his tunic

only. The light and thin clothing of Hetaerae, was denoted by the use of the same epithets. (Athen. xiii. 24, 25.) [Co A vestis.]

This term applied to the warrior expressed the absence of some part of his armour. (Horn. //. xxi. 50 ; Jos.Atit.Jud. vi. 2. § 2 ; Gell. ix. 13 ; Xen. de Rep. Lac. xi. 9.) Hence the light-armed were called 7u/wf/Tes. [J. Y.J

NUMERUS, the name of a body of troops in the imperial period. [exercitus, p. 500, b.~]

NUMMULARII or NUMULA'RII. [men-

SAKII.]

NUMMUS or NUMUS, coined money. — I. The chief terms used in Greek and Latin for money are apyvpiov, %/>r),uaTa, j/Ojiua^a, aes, pecimia, moneta, minimus (or numus), and numisma. It was called apyvpiov from apyvpos, because the prevailing coinages in Greece were of silver [Au-gentlim], (so at a later period we have xp^ffiov and xd\Kiov, which, however, are seldom used, except in their specific senses,) and aes, because that of Rome and Italy was of copper [aes] ; Xp^Atara, simply as the representative of value ; pecunia^ from the same cause, in connection with pecus* which either meant originally cattle* and

-* ' O •/ 7

thence, in an early age, valuable property in general^ or, perhaps, vice versa* • and j/o/xtcr/xa (sc. a

* There is no probability whatever in --the other reason given for the origin of the word, namely, because the early coins had the image of cattle? stamped upon them. (See aes.)

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