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Justinian I · The Digest of Justinian §46.6.2.pr

Stipulation by Slaves on Behalf of an Incapable Ward

Passage 7800 of 9271 · Latin

Summary

This section regulates who should enter into the stipulation for securing a pupil's property when the pupil is absent or unable to speak, prescribing the roles of his own slave, a newly bought slave, or a public slave before the praetor.

[ULPIANUS libro septuagensimo nono ad edictum. ] §46.6.2.prSi pupillus absens sit uel fari non possit, seruus eius stipulabitur: si seruum non habeat, emendus ei seruus est: sed si non sit unde ematur aut non sit expedita emptio, profecto dicemus seruum publicum apud praetorem stipulari debere:
[ULPIANUS, On the Edict, Book LXXIX] If a pupil is absent or cannot speak, his slave shall stipulate; if he has no slave, a slave must be bought for him; but if there are no funds from which one may be bought, or if the purchase is not convenient, we should certainly say that a public slave ought to stipulate before the praetor.

Notes

  1. §46.6.2.prunde ematur — A relative clause where the antecedent (such as *pecunia* or funds) is omitted. Literally, "there is no [source] from which [a slave] may be bought," meaning that there are no financial means to purchase a slave. The verb *ematur* is in the present subjunctive passive.
  2. §46.6.2.premendus ei seruus est — An expression of obligation or necessity using the gerundive *emendus* (from *emo*, "to buy") and *est*. The dative *ei* is a dative of agent ("a slave must be bought by him [the pupil]"). In practice, the purchase would be executed by his tutor or representative.

Cite this passage

Justinian I, The Digest of Justinian §46.6.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.6.2.pr

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