Roman Law and the Legal World of the Romans

Documents

While the urban praetor’s Edict was the most important • source of law, other magistrates could issue edicts, and that of the aediles was important for certain commercial guar antees, including (as here) guarantees that must be offered on sales of slaves. The aediles’ authority was originally over the markets at Rome, but this document suggests that it was eventually generalized. We happen to know that some jurists insisted that a guaran- • tee of the form “ that a slave was not a runaway” or the like was invalid, and that instead a penalty should be guaran teed in case it turned out that the condition was true. This contract seems to do both. It may also confuse the required guarantee of compensation for defects (ill health, runaway or wanderer, attached legal liabilities) with the double-value guarantee if the original seller turned out not to be the real owner. Written-commitment of Diognetus, slave of Gaius Novius Cypaerus, for the lease of bin 12 in the Bassian granaries, in which is grain received from Gaius Novius Eunus as a pledge. 2 July 37. I, Diognetus, slave of Gaius Novius Cypaerus, have written at the order of my master, Cypaerus, in his presence that I [on the “I,” see notes] have leased to Hesicus, slave of Aevenius, freedman of Tiberius Iulius Augustus, bin 12 in the middle of the Bassian public granaries of Puteoli, in which is placed Alexandrian grain which he received today from Gaius [5] TPSulp 45

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