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Justinian I · The Digest of Justinian §47.22.4.pr

Definition and Autonomy of Guild Members in the Twelve Tables

Passage 8105 of 9271 · Latin

Summary

Gaius explains the definition of association members (sodales) in the Twelve Tables and their power to make self-regulating agreements as long as they do not violate public law, noting its origin in Solon's laws.

[GAIUS libro quarto ad legem duodecim tabularum. ] §47.22.4.prSodales sunt, qui eiusdem collegii sunt: quam Graeci ἑταιρείαν uocant.
[GAIUS in the fourth book on the Law of the Twelve Tables.] are those who belong to the same collegium; which the Greeks call ἑταιρεία.
his autem potestatem facit lex pactionem quam uelint sibi ferre, dum ne quid ex publica lege corrumpant.
Moreover, the law gives them the power to make for themselves any agreement they wish, provided that they do not violate any part of the public law.
sed haec lex uidetur ex lege Solonis tralata esse.
But this law seems to have been translated from the law of Solon.
nam illuc ita est: ἐὰν δὲ δῆμος ἢ φράτορες ἢ ἱερῶν ὀργίων ἢ ναῦται ἢ σύσσιτοι ἢ ὁμόταφοι ἢ θιασῶται ἢ ἐπὶ λείαν οἰχόμενοι ἢ εἰς ἐμπορίαν, ὅτι ἂν τούτων διαθῶνται πρὸς ἀλλήλους, κύριον εἶναι, ἐὰν μὴ ἀπαγορεύσῃ δημόσια γράμματα.
For there it is written as follows: "And if a deme, or members of a phratry, or those associated for sacred rites, or sailors, or messmates, or those sharing a common tomb, or members of a religious guild, or those setting out for booty or for trade, make any agreement among themselves, it shall be valid, unless public written laws forbid it."

Notes

  1. §47.22.4.prquam — The relative pronoun quam (feminine accusative singular) refers back to the neuter noun collegii (genitive of collegium), but its gender is attracted to the feminine Greek noun ἑταιρείαν in the relative clause.
  2. §47.22.4.prἱερῶν ὀργίων — A genitive phrase without an accompanying head noun. Coordinated with nouns like δῆμος and φράτορες, it functions as "members of an association for sacred rites," with a noun meaning "associates" or "members" (such as κοινωνοί) being understood.
  3. §47.22.4.prκύριον εἶναι — An infinitive representing a legal command or provision ("shall be valid"). It functions as an imperative infinitive common in laws, or is governed by an implied verb of enacting or declaring.

Cite this passage

Justinian I, The Digest of Justinian §47.22.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.22.4.pr

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