Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

808 NOXALIS ACTIO. NUMMUS..
had a Noxalis Actio, or a legal remedy for the Noxa -Justinian abolished the noxae datio in tlhe- case
or wrong done to him, against the father (pater- of children; observing that it appeared from the
familias) or the owner of the slave, as the case ancient jurists, that there might be an action
might be; but he had no action against the son or against a filiusfamilias in respect of his own delicts.
the slave. The word Noxa (from noceo) properly As.to damage done by an animal, see PAUPEsignified injury done; in its legal sense it compre- mIES.
hended every delictum. (Dig. 50. tit. 16. s. 238.) (Gaius, iv. 75-79; Instit. 4. tit. 8; Dig. 9
The father or the master might either pay damages tit. 4.) [G. L.]
to the injured person, or surrender the offender to NUDIPEDA'LIA. [CALCEUS, p. 221, a.]
him. The surrender of the offender was expressed NUDUS (-yvu'l6s). These words, besides deby the phrase " noxae dare or dedere;' and the noting absolute nakedness, which was to be a'atCacceptance of the offender in satisfaction of the in- 7reXoros cals UXLTcwv (compare Moschus, iv. 98),
jury was expressed by the phrase "noxae ac- were applied to any one who, being without an
cipere: " in these expressions "noxa" does not AmICTus, wore only his tunic or indclutus. (Aris.
mean "'punishment," as is sometimes supposed, toph. Eccles. 409; John xxi. 7.) In this state of
but the meaning of the expression is that the per- nudity, the ancients performed the operations of
son was surrendered in respect of or as a compels- ploughing, sowing, and reaping. (Hes. 01p. et Dies,
sation for his Noxa. In the Institutes (4. tit. 391; Proclus ad loc.; Virg. Georg. i. 299; Servitns
8) Noxa is defined to be the person that does ad toc.; Aelian, V. II. vi. 11, xiii. 27; Matt. xxiv.
the mischief, that is, the slave, and Noxia the 18.) Thus Cincinnatus was found naked at the
mischief that is done. plough when he was called to be dictator, and
Noxales Actiones were givenl both by Leges and sent for his toga, that he might appear before the
by the Edict. In the case of Furtumn they were senate. (Plin. I-I. N. xviii. 4; Aur. Vict. de Air.
given by the Twelve Tables:; and in the case of Illust. 17; Lii. iii, 26,) The accompanying woodDamni Injuria by the Lex Aqiillia. In the case cut is taken from an antique gem in the Florentine
of Injnriae and of Vi Bonoram Raptorum, they Collection, and shows a man ploughing ill his tunlic
were given by the Edict. This action was said."caput sequi," which is 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 h ad a directa, act io
against him; and if he came into the power of
another person, that other person was liable to the I
action. If a paterfamilias committed a Noxa, and / i
was adopted (adrogated), the actio which was -
originally against him (directa), became all action
against thet adopting person. A paterfamilias or
master could have no action against a son or slave
ill respect of a Noxa done to him-self, the ground only. The light and thin clothing of Hetaerae,
of which was that no obligatio could be contracted was denoted by the use of the same epithets.
between such parties; and as the foundation of all (Athen. xiii. 24, 25.) [COA VESTIs.]
obligatio was wanting in such case, it followed that This term applied to the warrior expressed the
there co:ld be no action against such son or slave, absence of some part of his armour. (Hom. Il. xxi.
if he became sui juris, nor against another person 50; Jos. Ant. Jud. vi. 2. ~ 2; Gell. ix. 13; Xen.
into whose power he might come. If another per- de Rep. Lac. xi. 9.) Hence the light-armed were
son's slave or son committed Noxa, and then came called?yjou7vTes. [J. Y.]
into the power of the injured person, it was a ques- NU'MERUS, the name of a body of troops in
tion between the two schools whether the right of the imperial period. [ExERCTUvs, p. 500, b.]
action was extinguished, or only suspended so as NUMMULA'RII or NUMULA'RII. [MENto revive in case the offending party was released sArII.]
from the power of the injured person. The NUMMUS or NUMUS, coined money. —I.
opinion of the Proculiani, which was in favour of The c.hief terms used in Greek and Latin for mzonc?/
the suspension only, appears more consistent with are apySppoPv, Xp/pa-ra,,'OJtrpoye, aes, _pecuniza,
the principles on which this right of action was monetc, n nzus (or umiuZs), and numissiz. It
founded. was called &pyCiplov from ~pyvpos, because the
The mode of the " noxae deditio " was by man- prevailing coinages in Greece were of silver [Apcipatio. The Proculiani contended that three man- GENTUAI], (so at a later period we have XpOUilov
cipationes were required by the Law of the Twelve and XdXKrov, which, however, are seldom used,
Tables [EMANCIPATIO]; but the Sabiniani con- except in their specific senses,) and aes, because
tended that the Law only applied to the case of that of Rome and Italy was of copper [AES];
voluntary mancipations, and that one muancipatio XpLtan'a, simply as the representative of value;
was sufficient. pecnica, from the samle cause, in connection with
If the father or owner made no defence to a pecuts, which either meant originally cattle, and
noxalis actio, the offender was given up by a de- thence, in an early age, valuable property i0 s qeneral,
cree of the praetor to the injured person, and thus or, perhaps, vice versa; and voj,uacuac (sc. ap-yUbecame hiis praetorian property (ii blonis). If several slaves committed theft, the Edict required the * There is no probability whatever il -the other
master to pay only the amount of dmnnage which reason given for the origin of the word, namel-,
would be payable, in case a single freeman had because the early coins hald the image of cattle
committed the theft. stamped upon them. (See Ass.)