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Justinian I · The Digest of Justinian §14.5.8.pr

Master's Liability for a Slave Manager's Debt Assumption

Passage 2239 of 9271 · Latin

Summary

Paulus reports an imperial decision holding a master liable for a slave's unauthorized debt assumptions under the actio institoria, on the grounds that the master had substituted the slave in his own place for all transactions, despite juristic objections that such acts constituted a guarantee outside the scope of appointment.

[PAULUS libro primo decretorum. ] §14.5.8.prTitianus Primus praeposuerat seruum mutuis pecuniis dandis et pignoribus accipiendis: is seruus etiam negotiatoribus hordei solebat pro emptore suscipere debitum et soluere.
[PAULUS, Decrees, Book 1] Titianus Primus had appointed a slave for the purpose of lending money and receiving pledges; this slave was also accustomed to assume and pay debts to barley merchants on behalf of buyers.
cum fugisset seruus et is, cui delegatus fuerat dare pretium hordei, conueniret dominum nomine institoris, negabat eo nomine se conueniri posse, quia non in eam rem praepositus fuisset.
When the slave had fled and the person to whom it had been delegated to pay the price of the barley sued the master on the basis of the action on a business manager (actio institoria), the master denied that he could be sued on that account, because the slave had not been appointed for that business.
cum autem et alia quaedam gessisse et horrea conduxisse et multis soluisse idem seruus probaretur, praefectus annonae contra dominum dederat sententiam.
However, since it was proved that the same slave had conducted certain other transactions, rented granaries, and made payments to many people, the prefect of the grain supply (praefectus annonae) had rendered a decision against the master.
dicebamus quasi fideiussionem esse uideri, cum pro alio solueret debitum, non pro aliis suscipit debitum: non solere autem ex ea causa in dominum dari actionem nec uidetur hoc dominum mandasse.
We argued that when a slave pays a debt for another, or assumes a debt for others, this seems to be like a guarantee (fideiussio); and that it is not customary for an action to be granted against a master on such grounds, nor does it appear that the master mandated this.
sed quia uidebatur in omnibus eum suo nomine substituisse, sententiam conseruauit imperator.
But because it appeared that the master had substituted him in his own place in all matters, the Emperor upheld the decision.

Notes

  1. §14.5.8.prmutuis pecuniis dandis et pignoribus accipiendis — The dative plural of the gerundive is used here to express purpose, functioning as the complement of the verb `praeponere` (to appoint).
  2. §14.5.8.pris, cui delegatus fuerat dare pretium hordei — The subject of `delegatus fuerat` is the runaway slave. The relative pronoun `cui` (dative) refers to the creditor who was to receive the payment, and the infinitive `dare` (to pay) has the delegated slave as its implied subject. Thus, it translates to 'the person to whom the slave had been delegated to pay the price of the barley.'
  3. §14.5.8.prnomine institoris — Literally 'in the name of the business manager,' which in this legal context refers to suing the master on the basis of the action against a business manager (`actio institoria`).
  4. §14.5.8.prdicebamus quasi fideiussionem esse uideri — The main verb of the accusative with infinitive (ACI) construction following `dicebamus` is `uideri`. This represents the legal argument made by Paulus and his colleagues that the slave's assumption of another's debt should be viewed as a guarantee (`fideiussio`), which exceeded the scope of the business manager's appointment.

Cite this passage

Justinian I, The Digest of Justinian §14.5.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.5.8.pr

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