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Justinian I · The Digest of Justinian §50.16.207.pr

Exclusion of Slaves from Merchandise and Merchants

Passage 9021 of 9271 · Latin

Summary

Citing Mela, the text states that humans are not included under the term 'merchandise', and therefore slave-traders are properly called 'slave-dealers' rather than 'merchants', a distinction approved as correct.

[AFRICANUS libro tertio quaestionum. ] §50.16.207.pr'Mercis' appellatione homines non contineri Mela ait: et ob eam rem mangones non mercatores sed uenaliciarios appellari ait, et recte.
[AFRICANUS, in the third book of Questions.] Mela says that humans are not included under the term 'merchandise'; and for that reason he says that slave-traders are called not 'merchants' but 'slave-dealers', and rightly so.

Notes

  1. §50.16.207.pr'Mercis' appellatione — 'Mercis' is the genitive singular of the noun merx, functioning as a genitive of apposition (or definition) modifying appellatione (ablative singular of appellatio, 'term' or 'designation'), meaning 'under the designation of "merchandise"'.
  2. §50.16.207.prhomines non contineri — This is an accusative and infinitive construction (Aci) depending on the main verb Mela ait. The accusative homines serves as the subject of the passive present infinitive contineri.
  3. §50.16.207.pret recte — An elliptical expression at the end of the sentence. A verb such as dicit ('and he says so rightly') or est ('and it is correct') is understood after the adverb recte ('rightly'). Here, the excerptor Africanus expresses his agreement with Mela's legal opinion.

Cite this passage

Justinian I, The Digest of Justinian §50.16.207.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.207.pr

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