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7.3.3.4 Human pledges are in theory not subject to disciplining by
the creditor, as are debt slaves. A pledge acquired on default, how-
ever, in Verfallspfand, becomes the property of the creditor, who can
mistreat him by whipping him, tearing out his hair, or mutilating
his ears. He may also mark his ownership on the newly acquired
slave by piercing his ears, as is done for cattle (MAL A 44).^130
Marriage of an antichretic pledge presupposes the prior agreement
of the father/debtor (MAL A 48). The rights of any earlier credi-
tor are still not extinguished: having lost possession—but not his debt
claim—by transfer of the pledge to another creditor, he retains a
secondary charge upon the pledge. He can claim reimbursement
from the privileged creditor who has given the pledge in marriage
and even has a sort of right of tracing in that he can claim payment
from the husband. His debt claim is good against everyone except
the benefactor of a girl sold at a time of famine (MAL A 39).^1317.4 Deposit
A shepherd could not in any way dispose of the animals in his keep
without prior permission from their owner. Illicit sale of a horse was
subject to corporal punishment (MAL F 2).7.5 Liability for Negligence and Breach of Contract
7.5.1 Boatman
A loaded boat going upstream has priority over one going down-
stream, which must give way. If it fails to do so, its pilot is declared
responsible for the collision and must replace or pay compensation
for the cargo lost in consequence (MAL M 1). Likewise, fouling a
boat going upstream or tied up at the shore by a boat going down-
stream or crossing the river is the responsibility of the pilot of the
downstream boat (MAL M 2).7.5.2 Fuller
A fuller who received clothes from a client for cleaning while he
was away on a journey must compensate him for their loss (MAL(^130) Westbrook, “Slave.. .,” 1666 and n. 105.
(^131) See the interpretation of Roth, Law Collections.. ., 167, rather than that of
Cardascia, Lois.. ., 196–201.
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