# sub invigorositate actus secus instituendi



## Vladimir Nimčević

Quemadmodum Debitorum Intabulatio porro quoque Conformitate Legis penes Comitatum _permanebit_, ita vetitum _esse_ _volumus_, ne Fundorum sub Onere publico constitutorum Venditiones, Emptiones, Cambiationes, Oppignorationes absque debita apud Magistratum Oppidanum Insinuatione, illicque procuranda Improtocollatione sub Invigorositate Actus secus instituendi _fiant_

Here is one more hard to understand extract from the Latin document. I understand the part saying the monarch wants to prevent illegal manipulations with sequestered lands from happening, but I am not sure what he means by sub Invigorositate actus secus instituendi. I tried to help myself by translating it literally (under the disempowerment of a different arrangement of the act), but the translation made no sense.


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## Vladimir Nimčević

"under the disempowerment of the act of a different arrangement" does not help, either


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## Sobakus

Yeah, no ancient roman would understand this that's for sure 

I'll try to translate this into normalspeak: Vetitum esse placet, nē fundī pūblicī vēndantur etc. Sīn autem tālis āctūs īnstituendus erit, litterās (= imprōtocollātiōnem) apud Magistrātum Oppidānum prōcūrātō quae litterae eum āctum irritum īnfectumque dēclārent.

The phrase you single out literally means "accompanied by an official record of the invalidity of the deed to be enacted otherwise".


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## Vladimir Nimčević

So it goes with the part absque debita apud Magistratum Oppidanum Insinuatione, illicque procuranda Improtocollatione after all.

I was about to start believing it by myself, but I could not find another way of expressing the essence of the sentence. The most important part is providing a legal document from the city council that nullifies a different arrangement of the deed (venditiones, emptiones etc.)


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## Sobakus

I think _absque debita apud Magistratum Oppidanum_ modifies the restriction on all of the above: "except if these are due to the town's magistrate". I don't think I have the legal understanding to make sense of it though


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## Vladimir Nimčević

Doesn't "absque debita apud Magistratum Oppidanum insinuatione, illicque procuranda improtocolatione (...) actus" mean "without the due publication and registration of the act provided by the city council"?


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## Sobakus

Yeah, actually it does. Then - after a bit of googling for "sub invigorositate" (with quotes) - it looks like _sub Invigorositate Actus secus instituendi fiant_ gives the legal reason under which these deals are to be considered void: "void due to an improper arrangement of the deal". Although this means the sentence is grammatically confused: it conflates *volumus* nē_ ABC fīant_ and *volumus* ut _ABC sub invigōrōsitāte fīant_ into one clause with _nē._ Literally it would mean that it's forbidden for them to be void under that legal reason.


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## Vladimir Nimčević

Sobakus said:


> Yeah, actually it does. Then - after a bit of googling for "sub invigorositate" (with quotes) - it looks like _sub Invigorositate Actus secus instituendi fiant_ gives the legal reason under which these deals are to be considered void: "void due to an improper arrangement of the deal". Although this means the sentence is grammatically confused: it conflates *volumus* nē_ ABC fīant_ and *volumus* ut _ABC sub invigōrōsitāte fīant_ into one clause with _nē._ Literally it would mean that it's forbidden for them to be void under that legal reason.


About ne-ut: Yes, that is nothing unnatural. After all that is the 19th century Latin.

I have seen that before.

If fiant goes with sub Invigorositate, what goes with Venditiones, Emptiones, Cambiationes and Oppignorationes?


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## Vladimir Nimčević

So If I understand you well, you suggest the translation sounds something like: 

The purchase, sale, replacement and mortgage of sequestrated estates, without a proper publication and registration provided by the town council are to be nullified as an improper (secus) arrangement of the (purchase, selling etc.) deal.


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## Vladimir Nimčević

So you think that "sub invigorositate" is virtually a threat, something like "sub poena", the penalty to be imposed if something is not done accordingly


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## Sobakus

Yes, your translation agrees with my understanding, and I think you've nailed it with _sub poenā _- this must be the grammatical source at least; except there's no threat or penalty, there's a provision, like in "under the law".


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## Vladimir Nimčević

U tom grmu leži zec! / That's the catch.  / Sub poena ≈ sub invigorositate. It took me some time to realize that invigorositas could go just another way of saying sub poena invigorositatis. You can even find the phrase on Google

He forbids the citizens of the town from buying, selling, purchasing and mortgaging sequestrated estates under penalty of annulling such a deal as invalid, improper, against the law.


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