[SCAEUOLA libro uicensimo octauo digestorum. ] §45.1.122.prQui Romae mutuam pecuniam acceperat soluendam in longinqua prouincia per menses tres eamque ibi dari stipulanti spopondisset, post paucos dies Romae testato creditori dixit paratum se esse Romae eam numerare detracta ea summa, quam creditori suo usurarum nomine dederat.
[SCAEVOLA, book twenty-eight of Digests.] A person who had received a loan of money in Rome to be repaid in a distant province within three months, and had promised the stipulator that it would be given there, said a few days later in Rome before witnesses to the creditor that he was ready to pay it in Rome, deducting the sum which he had given to his creditor under the name of interest.
quaesitum est, cum in integrum summam, qua stipulatione obligatus est, optulerit, an eo loco, in quo soluenda promissa est, sua die integra peti posset.
It was asked whether, although he offered the whole sum for which he was obligated by the stipulation, it could be sued for in full on its due date in that place in which it was promised to be paid.
respondit posse stipulatorem sua die ibi, ubi soluendam stipulatus est, petere.
He answered that the stipulator could sue on the due date in that place where he had stipulated for it to be paid.
§45.1.122.1Callimachus mutuam pecuniam nauticam accepit a Sticho seruo Seii in prouincia Syria ciuitate Beryto usque Brentesium: idque creditum esse in omnes nauigii dies ducentos, sub pignoribus et hypothecis mercibus a Beryto comparatis et Brentesium perferendis et quas Brentesio empturus esset et per nauem Beryto inuecturus: conuenitque inter eos, uti, cum Callimachus Brentesium peruenisset, inde intra idus Septembres, quae tunc proximae futurae essent, aliis mercibus emptis et in nauem mercis ipse in Syriam per nauigium proficiscatur, aut, si intra diem supra scriptam non reparasset merces nec enauigasset de ea ciuitate, redderet uniuersam continuo pecuniam quasi perfecto nauigio et praestaret sumptus omnes prosequentibus eam pecuniam, ut in urbem Romam eam deportarent: eaque sic recte dari fieri fide roganti Sticho seruo Lucii Titii promisit Callimachus.
Callimachus received a maritime loan from Stichus, the slave of Seius, in Berytus, a city in the province of Syria, for a voyage to Brentesium; and this was credited for all the days of the voyage. This was secured by pledges and hypothecations on the goods purchased at Berytus and to be carried to Brentesium, and those which he should buy at Brentesium and import by ship to Berytus. And it was agreed between them that when Callimachus arrived at Brentesium, he himself should sail back to Syria from there before the Ides of September next following, having purchased other goods and loaded them on the ship; or, if he did not procure goods or sail from that city within the aforementioned date, he should immediately return the entire sum of money as if the voyage were completed, and pay all the expenses of those who should accompany the money to carry it to the city of Rome. And Callimachus promised to Stichus, the slave of Lucius Titius, who asked in good faith, that these things would be correctly given and done.
et cum ante idus supra scriptas secundum conuentionem mercibus in nauem impositis cum Erote conseruo Stichi quasi in prouinciam Syriam peruenturus enauigauit: quaesitum est naue submersa, cum secundum cautionem Callimachus merces debito perferendas in naue mansisset eo tempore, quo iam pecuniam Brentesio reddere Romae perferendam deberet, an nihil prosit Erotis consensus, qui cum eo missus erat, cuique nihil amplius de pecunia supra scripta post diem conuentionis permissum uel mandatum erat, quam ut eam receptam Romam perferret, et nihilo minus actione ex stipulatu Callimachus de pecunia domino Stichi teneatur.
And when, before the aforementioned Ides, having loaded the goods on the ship in accordance with the agreement, he sailed, intending to arrive in the province of Syria, with Eros, the fellow-slave of Stichus: the ship having sunk, it was asked whether, since Callimachus had remained on the ship with the goods that were to be carried to discharge the debt, at a time when he ought already to have returned the money at Brentesium to be carried to Rome, the consent of Eros, who had been sent with him and to whom nothing more was permitted or mandated concerning the aforementioned money after the date of the agreement than to carry it to Rome once received, is of no benefit, and Callimachus is nevertheless bound for the money to the master of Stichus by the action on the stipulation.
respondit secundum ea quae proponerentur teneri.
He answered that according to the facts proposed, he is bound.
item quaero, si Callimacho post diem supra scriptam nauiganti Eros supra scriptus seruus consenserit, an actionem domino suo semel adquisitam adimere potuerit.
Likewise I ask, if the aforementioned slave Eros consented to Callimachus sailing after the aforementioned date, whether he could take away the action once acquired by his master.
respondit non potuisse, sed fore exceptioni locum, si seruo arbitrium datum esset eam pecuniam quocumque tempore in quemuis locum reddi.
He answered that he could not, but there would be room for an exception if the slave had been given the discretion to have that money returned at any time and in any place.