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Justinian I · The Digest of Justinian §47.2.83.pr-47.2.83.3

Misuse of Entrusted Goods and Theft Actions for Crops and Bonds

Passage 7945 of 9271 · Latin

Summary

Based on the opinion of Paulus, this section outlines the liability of artisans for unauthorized use of garments, the dual standing of tenant and owner in the theft of crops, the penalties for abducting female slaves, and the liability for stealing debt-bonds.

[PAULUS libro secundo sententiarum. ] §47.2.83.prFullo et sarcinator, qui polienda uel sarcienda uestimenta accepit, si forte his utatur, ex contrectatione eorum furtum fecisse uidetur, quia non in eam causam ab eo uidentur accepta.
[PAULUS, in the second book of Sententiae.] A fuller and a tailor, who has received clothes to be cleaned or mended, if he should happen to use them, is deemed to have committed theft by his handling of them, because they are not deemed to have been received by him for that purpose.
§47.2.83.1Frugibus ex fundo subreptis tam colonus quam dominus furti agere possunt, quia utriusque interest rem persequi.
If crops are stolen from a farm, both the tenant-farmer and the owner can bring an action for theft, because it is in the interest of both to pursue the property.
§47.2.83.2Qui ancillam non meretricem libidinis causa subripuit, furti actione tenebitur et, si subpressit, poena legis Fabiae coercetur.
Anyone who has carried off a female slave who is not a prostitute for the purpose of lust will be held liable under the action for theft, and, if he has concealed her, he is punished under the penalty of the Lex Fabia.
§47.2.83.3Qui tabulas cautionesue subripuit, in adscriptam summam furti actione tenebitur: nec refert, cancellatae nec ne sint, quia ex his debitum magis solutum esse comprobari potest.
Anyone who has stolen account-books or debt-bonds will be held liable under the action for theft for the sum written therein; and it does not matter whether they have been cancelled or not, because it can rather be proved from them that the debt has been paid.

Notes

  1. §47.2.83.prpolienda uel sarcienda — These are gerundives agreeing with the feminine accusative plural noun uestimenta. They express purpose or obligation ("to be cleaned or mended"), indicating the condition under which the fuller or tailor accepted the garments.
  2. §47.2.83.1interest — An impersonal verb meaning "it is of importance" or "it is in the interest of." The person whose interest is involved is expressed in the genitive (here utriusque, the genitive of uterque), and the subject of the verb is the infinitive phrase rem persequi.
  3. §47.2.83.3cancellatae nec ne sint — The phrase nec ne introduces the negative alternative ("or not") in an indirect question. Cancellatae is the nominative feminine plural, agreeing with the implied subject (tabulae or cautiones). Sint is the subjunctive present in the indirect question dependent on the preceding impersonal nec refert.

Cite this passage

Justinian I, The Digest of Justinian §47.2.83.pr-47.2.83.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.83.pr-47.2.83.3

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