Humanitext Reader

Justinian I · The Digest of Justinian §44.7.61.pr-44.7.61.1

Agent's Signature and Promised Allowance by Letter

Passage 7346 of 9271 · Latin

Summary

Scaevola's responses concerning whether an agent's signature binds the principal, and whether an annual allowance promised in a letter on condition of moving can be claimed.

[SCAEUOLA libro uicensimo octauo digestorum. ] §44.7.61.prProcurator Seii admisit subscriptionem ad argentarium uascularium in uerba infra scripta: Λούκιος Καλάνδιος ἐπέγνων, καθὼς προγέγραπται· ἐστὶν λοιπὰ παρ’ ἡμῖν, ὀφειλόμενα τῷ δεῖνι, τόσα: quaero, an Gaium Seium obligare potuit.
[SCAEVOLA, Digest, Book XXVIII] The agent of Seius admitted a signature to a silversmith in the following words written below: "I, Lucius Calandius, have acknowledged, as written above; there is a balance remaining with us, owed to so-and-so, in such an amount." I ask, could he bind Gaius Seius?
respondit Seium, si alioquin obligatus non esset, non propter quod ea scriptura quae proponeretur interposita sit, obligatum esse.
He answered that Seius, if he were not otherwise bound, is not bound merely because that writing which was presented was interposed.
§44.7.61.1Seia, cum salarium constituere uellet, ita epistulam emisit: 'Lucio Titio salutem.
Seia, wishing to establish an allowance, sent a letter as follows: 'To Lucius Titius, greeting.
Si in eodem animo et eadem affectione circa me es, quo semper fuisti, ex continenti acceptis litteris meis distracta re tua ueni hoc: tibi quamdiu uiuam praestabo annuos decem.
If you are of the same mind and affection toward me as you have always been, immediately upon receiving my letter, having disposed of your property, come here; as long as I live, I will provide you with ten annually.
scio enim quia ualde me bene ames'. quaero, cum et rem suam distraxerit Lucius Titius et ad eam profectus sit et ex eo cum ea sit, an ei ex his epistulis salarium annuum debeatur.
For I know that you love me very well.' I ask, since Lucius Titius has both disposed of his property and set out to her, and has been with her since then, whether the annual allowance is owed to him from this letter.
respondit ex personis causisque eum cuius notio sit aestimaturum, an actio danda sit.
He answered that the person who has jurisdiction will judge, from the persons and circumstances, whether an action should be granted.

Notes

  1. §44.7.61.pradmisit subscriptionem — Meaning 'admitted the signature' or 'undertook the subscription'. Since the agent himself signed in the first person in Greek ('I, Lucius Calandius, acknowledged'), it refers to the act of the agent accepting or executing the signature to confirm the debt before the silversmith.
  2. §44.7.61.1scio enim quia ualde me bene ames — In classical Latin grammar, verbs of knowing like scio take an accusative with infinitive (A.C.I.) construction. Here, a subordinate clause introduced by quia with the subjunctive (ames) is used instead, illustrating a characteristic shift toward Vulgar or Late Latin syntax.
  3. §44.7.61.1eum cuius notio sit — Meaning 'the one who has the jurisdiction (cognizance)'. Here notio refers to the legal authority to investigate and hear a case. It designates the magistrate (such as a praetor) or judge who has the discretion to decide whether an action (actio) should be granted based on the character of the persons and the circumstances.

Cite this passage

Justinian I, The Digest of Justinian §44.7.61.pr-44.7.61.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.61.pr-44.7.61.1

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.