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Justinian I · The Digest of Justinian §50.16.238.pr-50.16.238.3

Definitions and Etymologies of Plebs, Pledge, and Injury

Passage 9052 of 9271 · Latin

Summary

Presents Gaius's legal definitions and etymological explanations for the terms plebs, solemn attestation, pledge, and injury from his commentary on the Twelve Tables.

[IDEM libro sexto ad legem duodecim tabularum. ] §50.16.238.prPlebs' est ceteri ciues sine senatoribus. '
[By the same author, from the sixth book on the law of the Twelve Tables.] The plebs is the remaining citizens without the senators.
§50.16.238.1Detestatum' est testatione denuntiatum. '
That which is detested is what is declared by attestation.
§50.16.238.2Pignus' appellatum a pugno, quia res, quae pignori dantur, manu traduntur.
A pledge is named from the fist, because things which are given as a pledge are delivered by hand.
unde etiam uideri potest uerum esse, quod quidam putant, pignus proprie rei mobilis constitui. '
Hence, it can also appear to be true, what some think, that a pledge is properly established over a movable thing.
§50.16.238.3Noxiae' appellatione omne delictum continetur.
Under the term of injury, every delict is contained.

Notes

  1. §50.16.238.2quod quidam putant, pignus proprie rei mobilis constitui — The relative pronoun quod introduces a clause functioning as the logical subject of uerum esse in the main clause ("what some think"). The verb putant within this quod-clause takes the accusative with infinitive (AcI) construction pignus proprie rei mobilis constitui as its object, with pignus as the subject accusative and constitui as the present passive infinitive. The phrase rei mobilis is a genitive dependent on constitui.
  2. §50.16.238.3noxiae — Genitive singular of the noun noxia (injury, harm), modifying appellatione. It functions as an appositional genitive ("the term of injury").

Cite this passage

Justinian I, The Digest of Justinian §50.16.238.pr-50.16.238.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.238.pr-50.16.238.3

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