Humanitext Reader

Justinian I · The Digest of Justinian §20.2.6.pr

Tacit Pledge in Urban Tenements and Manumission

Passage 2954 of 9271 · Latin

Summary

Ulpian supports the opinion of Pomponius that, although a tacit pledge is established over property brought into urban tenements, such a pledge does not prevent the manumission of a slave.

[ULPIANUS libro septuagesimo tertio ad edictum. ] §20.2.6.prLicet in praediis urbanis tacite solet conuentum accipi, ut perinde teneantur inuecta et inlata, ac si specialiter conuenisset, certe libertati huiusmodi pignus non officit idque et Pomponius probat: ait enim manumissioni non officere ob habitationem obligatum.
[ULPIANUS, in his seventy-third book on the Edict.] Although in urban tenements it is customary for a tacit agreement to be accepted, to the effect that things brought in and carried in are bound just as if it had been specifically agreed, certainly a pledge of this kind does not stand in the way of freedom, and Pomponius also approves of this; for he says that a pledge bound on account of lodging does not stand in the way of manumission.

Notes

  1. §20.2.6.prtacite solet conuentum accipi — conuentum (what has been agreed) is the subject accusative of the passive infinitive accipi (to be accepted), which as a whole serves as the complement of the verb solet used impersonally. The ut-clause explains the specific content of this agreement.
  2. §20.2.6.prob habitationem obligatum — obligatum is a perfect passive participle agreeing with the implied noun pignus (neuter singular, pledge) from the preceding sentence, serving as the subject accusative of the infinitive clause manumissioni non officere. Although it could substantively refer to a slave given in pledge (as mancipium is neuter), it is more natural in this context to supply pignus and translate it as 'a pledge bound on account of lodging.'

Cite this passage

Justinian I, The Digest of Justinian §20.2.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.2.6.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.