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Justinian I · The Digest of Justinian §38.1.8.pr-38.1.8.1

Services Sworn to Two Patrons and Suretyship

Passage 5893 of 9271 · Latin

Summary

Discusses Labeo's view on the divisibility and claimability of services when a freedman swears to two patrons, and affirms that anyone can act as a surety for a swearing freedman.

[POMPONIUS libro octauo ad Sabinum. ] §38.1.8.prSi quando duobus patronis iurauerit libertus operas se daturum, Labeoni placet et deberi et peti posse partem operae, cum semper praeterita opera, quae iam dari non possit, petatur.
[POMPONIUS, in the eighth book on Sabinus.]\n\nIf at any time a freedman has sworn to two patrons that he will provide services, Labeo approves that a part of a service is both owed and can be sued for, since it is always a past service, which can no longer be provided, that is sued for.
quod contingit, si uel ipsis patronis iuretur nel promittatur uel communi eorum seruo uel complures heredes uni patrono existant. §38.1.8.1Pro liberto iurante fideiubere quemuis posse placet.
This occurs if the oath is sworn or the promise is made either to the patrons themselves, or to their common slave, or if several heirs exist to a single patron.\n\nIt is approved that anyone can act as surety for a swearing freedman.

Notes

  1. §38.1.8.prpartem operae — Accusative phrase acting as the subject of the infinitives deberi and peti posse. The entire infinitive clause serves as the subject of the impersonal verb placet ("it is approved by Labeo"). Although opera (service) is an abstract noun, it is treated here as divisible (partem).
  2. §38.1.8.priuretur — Impersonal passive in the subjunctive mood (within the conditional clause introduced by si). The intransitive verb iurare (to swear) is used passively to mean "an oath is sworn" (literally, "it is sworn"). The subsequent promittatur is likewise an impersonal passive.
  3. §38.1.8.1quemuis posse — Accusative with infinitive construction where quemuis (anyone, accusative) is the subject of posse (to be able), which in turn governs fideiubere (to act as surety). The entire clause acts as the subject of the impersonal verb placet.

Cite this passage

Justinian I, The Digest of Justinian §38.1.8.pr-38.1.8.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.8.pr-38.1.8.1

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