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Justinian I · The Digest of Justinian §13.7.26.pr-13.7.26.1

Creation of Pledge by Magisterial Grant of Possession

Passage 2164 of 9271 · Latin

Summary

Discusses the establishment of a pledge when a magistrate puts someone in possession, noting that it is valid just as a pledge by testament is, and specifies that it is not established until possession is actually entered.

[IDEM libro tertio disputationum. ] §13.7.26.prNon est mirum, si ex quacumque causa magistratus in possessionem aliquem miserit, pignus constitui, cum testamento quoque pignus constitui posse imperator noster cum patre saepissime rescripsit. §13.7.26.1Sciendum est, ubi iussu magistratus pignus constituitur, non alias constitui, nisi uentum fuerit in possessionem.
[THE SAME, Disputations, Book 3]\n\nIt is not surprising that, if for any reason a magistrate has put someone in possession, a pledge is established, since our Emperor with his father has very often replied by rescript that a pledge can also be established by a testament.\n\nIt must be known that, where a pledge is established by order of a magistrate, it is not otherwise established unless possession has been entered.

Notes

  1. §13.7.26.prpignus constitui — Accusative with infinitive clause functioning as the subject of "Non est mirum". The "si" clause states the condition ("if a magistrate has..."), making a nested structure where "that a pledge is established" is not surprising under that condition.
  2. §13.7.26.prcum — Conjunction meaning "since" or "because". While classical Latin usually requires the subjunctive mood here, it is used here with the indicative perfect (rescripsit), a usage common in later Latin and legal texts to present an actual fact as a reason.
  3. §13.7.26.1uentum fuerit — Impersonal passive of the intransitive verb "uenire" (to come) in the future perfect tense. It means literally "it has been come into possession," i.e., "possession has been entered/obtained." It focuses on the occurrence of the act itself without specifying a subject.

Cite this passage

Justinian I, The Digest of Justinian §13.7.26.pr-13.7.26.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.26.pr-13.7.26.1

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