Humanitext Reader

Justinian I · The Digest of Justinian §2.4.17.pr

Obligation to Produce a Person Promised Before Officials

Passage 281 of 9271 · Latin

Summary

It stipulates that a person who has given security for another before an office, or who has promised in the public records to produce someone, is compelled to produce that person, even without formal security.

[IDEM libro primo sententiarum. ] §2.4.17.prEum, pro quo quis apud officium cauit, exhibere cogitur.
[THE SAME, in the first book of Opinions.] A person is compelled to produce him for whom he has given security before a public office.
item eum qui apud acta exhibiturum se esse quem promisit, etsi officio non caueat, ad exhibendum tamen cogitur.
Likewise, a person who has promised in the public records that he will produce someone, even if he does not give security to the office, is nevertheless compelled to produce him.

Notes

  1. 2.4.17.prEum, pro quo quis apud officium cauit, exhibere cogitur — The accusative 'eum' is the object of the infinitive 'exhibere'. The subject of the passive verb 'cogitur' (is compelled), which corresponds to 'quis' (someone) in the relative clause (i.e., the person who gave security), is omitted. A literal translation would be: '[A person] is compelled to produce him, for whom someone has given security before a public office.'
  2. 2.4.17.pritem eum qui apud acta exhibiturum se esse quem promisit ... ad exhibendum tamen cogitur — The accusative 'eum' is the antecedent of the relative pronoun 'quem' and serves as the virtual object of 'ad exhibendum' (producing), placed at the beginning for emphasis. The subject of the main verb 'cogitur' is omitted and is the antecedent of 'qui'. The structure is: 'The person who (qui) promised (promisit) in the public records (apud acta) that he (se) would produce (exhibiturum esse) [the person whom (quem) he promised], is nevertheless compelled to produce him (eum).'

Cite this passage

Justinian I, The Digest of Justinian §2.4.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.4.17.pr

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