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Justinian I · The Digest of Justinian §12.1.34.pr-12.1.34.1

Lending by Provincial Officials and Borrowing by Governors

Passage 1889 of 9271 · Latin

Summary

It provides that the permanent officials of a provincial governor are allowed to lend money and practice usury, and that the governor themselves is not prohibited from borrowing money with interest.

[PAULUS libro secundo sententiarum. ] §12.1.34.prPraesidis prouinciae officiales, quia perpetui sunt, mutuam pecuniam dare et faenebrem exercere possunt.
[PAULUS, from the second book of Opinions.] The officials of a governor of a province, because they are permanent, can lend money as a loan and practice usury.
§12.1.34.1Praeses prouinciae mutuam pecuniam faenebrem sumere non prohibetur.
A governor of a province is not prohibited from borrowing money as an interest-bearing loan.

Notes

  1. §12.1.34.prperpetui sunt — The adjective `perpetuus` (permanent, continuous) describes the stable status of the officials (`officiales`) who remain in service locally, in contrast to the governors (`praesides`) who are replaced periodically.
  2. §12.1.34.prfaenebrem — A feminine accusative singular adjective. It is interpreted by supplying `pecuniam` from the preceding `mutuam pecuniam`, or alternatively a noun like `rem`, meaning "to practice interest-bearing lending (or business)" (`exercere`).
  3. §12.1.34.1sumere — The verb `sumere` (to take, to borrow) is contrasted with `dare` (to give, to lend) in the previous section, referring to the act of the governor borrowing money. It highlights the legal distinction that while lending (`dare`) is prohibited in the preceding fragment (12.1.33.pr), borrowing (`sumere`) is not.

Cite this passage

Justinian I, The Digest of Justinian §12.1.34.pr-12.1.34.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.1.34.pr-12.1.34.1

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