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Justinian I · The Digest of Justinian §20.1.32.pr

Scope of Pledge over Slaves Placed on Mortgaged Land

Passage 2945 of 9271 · Latin

Summary

Regarding which slaves placed on a mortgaged land are subject to the pledge under the clause concerning brought-in items, it is determined that only those placed with a permanent intention, and not a temporary one, are bound.

[IDEM libro quinto responsorum. ] §20.1.32.prDebitor pactus est, ut quaecumque in praedia pignori data inducta inuecta importata ibi nata parataue essent, pignori essent: eorum praediorum pars sine colonis fuit eaque actori suo colenda debitor ita tradidit adsignatis et seruis culturae necessariis: quaeritur, an et Stichus uilicus et ceteri serui ad culturam missi et Stichi uicarii obligati essent.
[THE SAME, in his fifth book of Opinions.] A debtor agreed that whatever had been brought in, carried in, imported, born there, or prepared upon the lands given as a pledge should be subject to the pledge. A part of those lands was without tenant farmers, and the debtor delivered them to his manager to be cultivated, with the slaves necessary for cultivation also assigned. The question is asked whether Stichus the bailiff, the other slaves sent for cultivation, and the under-slaves of Stichus were bound by the pledge.
respondit eos dumtaxat, qui hoc animo a domino inducti essent, ut ibi perpetuo essent, non temporis causa accommodarentur, obligatos.
He replied that only those who had been brought in by the owner with the intention that they should remain there permanently, and not those who were accommodated there for a temporary reason, were bound.

Notes

  1. 20.1.32.prinducta inuecta importata ibi nata parataue — A standard formulaic expression encompassing all movables and semi-movables (such as slaves and agricultural implements) that become subject to a pledge on land. It refers to what is brought in (inducta), carried in (inuecta), imported (importata), born there (nata), or prepared (parata).
  2. 20.1.32.prcolenda — A gerundive agreeing with the implied object of tradidit (the lands, "ea"), expressing purpose in connection with actori suo ("for his manager to cultivate").
  3. 20.1.32.preos dumtaxat ... obligatos — The subject of the accusative with infinitive construction (with "esse" understood after "obligatos") depending on the verb "respondit". The particle "dumtaxat" (only) limits the scope of the pledge to those slaves brought in with a permanent intention (hoc animo... ut ibi perpetuo essent).

Cite this passage

Justinian I, The Digest of Justinian §20.1.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.1.32.pr

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