[SCAEUOLA libro uicesimo septimo digestorum. ] §20.1.34.prCum tabernam debitor creditori pignori dederit, quaesitum est, utrum eo facto nihil egerit an tabernae appellatione merces, quae in ea erant, obligasse uideatur? et si eas merces per tempora distraxerit et alias comparauerit easque in eam tabernam intulerit et decesserit, an omnia quae ibi deprehenduntur creditor hypothecaria actione petere possit, cum et mercium species mutatae sint et res aliae illatae? respondit: ea, quae mortis tempore debitoris in taberna inuenta sunt, pignori obligata esse uidentur.
[SCAEUOLA, in his twenty-seventh book of the Digests.] When a debtor gave a shop to a creditor as a pledge, the question arose whether by this act he did nothing, or whether by the term "shop" he should be deemed to have pledged the goods that were in it. And if he sold those goods over time, purchased others, brought them into the shop, and died, can the creditor demand all things found there by the hypothecary action, even though the types of goods have changed and other things have been brought in? He answered: those things that were found in the shop at the time of the debtor's death are deemed to be bound as a pledge.
§20.1.34.1Idem quaesiit, cum epistula talis emissa sit: 'Δανει- σάμενος παρὰ σοῦ δηνάρια πεντακόσια παρεκάλεσά σε μὴ βεβαιωτὴν ἀλλ' ὑποθήκην παρ' ἐμοῦ λαβεῖν· οἶδας γὰρ ἀκριβῶς, ὅτι καὶ ἡ ταβέρνα καὶ οἱ δοῦλοί μου οὐδενὶ κατέχονται ἢ σοὶ καὶ ὡς εὐσχήμονι ἀνθρώπῳ ἐπίστευσας': an pignus contractum sit an uero ea epistula nullius momenti sit, cum sine die et consule sit.
The same person asked, when such a letter was sent: "Having borrowed five hundred denarii from you, I asked you to take a mortgage from me instead of a surety; for you know well that both the shop and my slaves are held by no one but you, and you trusted me as an honorable man." Whether a pledge was contracted, or indeed whether that letter is of no effect since it is without date and consul?
respondit, cum conuenisse de pignoribus uidetur, non idcirco obligationem pignorum cessare, quod dies et consules additi uel tabulae signatae non sint.
He answered: since it appears that there was an agreement regarding the pledges, the obligation of the pledges does not cease on the ground that the date and consuls were not added or the tablets were not signed.
§20.1.34.2Creditor pignori accepit a debitore quidquid in bonis habet habiturusue esset: quaesitum est, an corpora pecuniae, quam idem debitor ab alio mutuam accepit, cum in bonis eius facta sint, obligata creditori pignoris esse coeperint.
A creditor accepted as a pledge from a debtor whatever he had in his property or would have in the future. The question arose whether the physical coins of money that the same debtor received as a loan from another, when they became part of his property, began to be bound to the creditor as a pledge.
respondit coepisse.
He answered: they began to be.