1Papinianus, Opinions, Book X. By a decree of the Senate enacted under the Emperor Marcus, the pledge of a house given to a creditor who had lent the money to repair the building, will also extend to him who furnished the money, at the direction of the owner, to the workman who made the repairs.

2Marcianus, On the Hypothecary Formula. Pomponius, in the Fortieth Book of Various Extracts, said that, “Everything brought into a house by a lessee was pledged, not only for the rent but also for any deterioration of the property caused by neglect of the tenant, on account of which the owner would be entitled to an action on lease against him.”

3Ad Dig. 20,2,3ROHGE, Bd. 6 (1872), S. 281: Pfandrecht des Vermiethers an den eingebrachten zum Verkaufe bestimmten Waaren des Miethers. Zeitweise und dauernde Bestimmung der Verwendung.Ulpianus, On the Edict, Book LXXIII. Neratius thinks that where a warehouse is leased, whether the agreement refers to other things or only to the space occupied, a tacit agreement exists with reference to whatever is placed therein, and that the rule also applies in this instance; which is correct.

4Neratius, Parchments, Book I. It is our practice that whatever is placed on urban estates is considered to be pledged, as it were, by tacit agreement; in rustic estates, however, the contrary rule is observed. 1Ad Dig. 20,2,4,1ROHGE, Bd. 6 (1872), S. 281: Pfandrecht des Vermiethers an den eingebrachten zum Verkaufe bestimmten Waaren des Miethers. Zeitweise und dauernde Bestimmung der Verwendung.Can it be doubted whether stables which are not joined to other buildings should be considered as being included in these estates? And, indeed, there is no question with respect to urban estates, since they are separated from other buildings. However, with reference to a tacit pledge of this kind, they do not differ greatly from urban estates.

5Marcianus, On the Hypothecary Formula. Pomponius states, in the Thirteenth Book of Various Extracts, that if a lessee gives me a gratuitous lodging in a house which he has rented, any personal property brought there by me will not be considered to be tacitly pledged to the other of the house. 1He also says that it should be considered that a pledge can be brought in by the consent of the owner in such a way that it may be liable for a portion of the indebtedness. 2Where anyone becomes a surety, and his property has been given in pledge by the debtor for whom he became responsible, it is certainly understood by this act of giving security that he has, so to speak, directed his property to be liable for the debt. If, however, his property is hypothecated subsequently to his becoming surety, it will not be legally encumbered.

6Ulpianus, On the Edict, Book LXXIII. Although, in the case of urban estates, it is customary to understand that a tacit agreement was entered into to the effect that the property which is brought or placed in the house is liable, just as if an express contract had been made with reference thereto; it is certain that a pledge of this kind does not affect the freedom of a slave. This opinion Pomponius approves, for he says that it does not, in any way, hinder manumission, where the pledge is liable for the rent.

7Pomponius, Various Extracts, Book XIII. The crops produced upon rustic estates are understood to be tacitly pledged to the owner of the land which is leased, even if there is no express agreement to that effect. 1Ad Dig. 20,2,7,1ROHGE, Bd. 6 (1872), S. 281: Pfandrecht des Vermiethers an den eingebrachten zum Verkaufe bestimmten Waaren des Miethers. Zeitweise und dauernde Bestimmung der Verwendung.Let us consider whether everything that has been brought or placed in a house is pledged, or only such property as has been brought to be kept there. The latter is the better opinion.

8Paulus, Sentences, Book II. If a debtor uses money lent to him without interest, the creditor can retain for himself the profits of the encumbered property to the amount of the legal rate of interest.

9The Same, On the Duties of the Prefect of the Night Watch. A difference exists between property tacitly liable for rent and such as is encumbered by agreement on account of a manifest pledge; for we cannot manumit slaves which have been pledged, but we can manumit those residing in a house who are tacitly liable for the rent; provided we do this before they are seized on account of nonpayment of rent, for then we cannot liberate slaves which have been detained by way of pledge. Nerva, the jurist, deserves to be ridiculed for stating that slaves who have been detained as security for rent can be liberated by merely showing them at a window.

10Scævola, Digest, Book VI. The heir of a guardian entered into an agreement with the heir of the ward, and when he had paid the greater amount of the debt, he gave a pledge for the remainder. The question arose whether the property was legally encumbered under the original contract. The answer was that, in accordance with the facts stated, it was encumbered.