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The Digest of Justinian

§3.3.5.pr

Presumption of Presence for Persons in Nearby Gardens

Ulpian states that a person who is in nearby gardens is also legally considered to be present.

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[ULPIANUS libro septimo ad edictum.]

[ULPIANUS libro septimo ad edictum.]

§3.3.5.pr

​Praesens habetur1 et2 qui in hortis3 est

​He also who is in the gardens is considered as present.

Syntax notes3 items
  1. 3.3.5.prPraesens habetur

    The passive form habetur (from habere) is used in the sense of 'is considered' or 'is held to be', taking praesens as a predicate nominative. The grammatical subject is the implied antecedent (is) of the relative clause qui in hortis est.

  2. 3.3.5.pret

    Used adverbially here in the sense of 'also' or 'even' (equivalent to etiam), emphasizing the entire relative clause.

  3. 3.3.5.prin hortis

    The plural horti refers to suburban gardens or estates located just outside the city boundaries of Rome. Since they are physically very close, a person there is deemed legally 'present' as they can respond immediately.

Translated by Gemini 3.5 Flash (published 2026-07-13)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.5.pr