- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.15.pr-4.6.15.3
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-09
Ulpian discusses the relief granted to those captured by the enemy, the management of their property, the conditions for relief regarding possession of an absent soldier's house, and the strict time limits for seeking restitution after return.
[ULPIANUS libro duodecimo ad edictum.]
[ULPIANUS libro duodecimo ad edictum.]
Ab hostibus autem captis postliminio reuersis succurritur aut ibi mortuis,1 quia nec procuratorem habere possunt: cum aliis supra scriptis etiam per procuratorem possit subueniri praeter eos, qui in seruitute detinentur. ego autem etiam nomine eius, qui hostium potitus est,2 si curator (ut plerumque) fuerit bonis constitutus, auxilium competere existimo.
However, relief is granted to those who were captured by the enemy and have returned by the right of postliminy, or who died there, because they cannot even have an agent; whereas the others written above, except those who are held in servitude, can be relieved even through an agent. But I think that relief is available even in the name of one who has been captured by the enemy, if a curator has been appointed for his property, as is usually the case.
Non minus autem ab hostibus capto quam ibi nato, qui postliminium habet, succursum uidetur.
Furthermore, it is deemed that relief is granted no less to one born there who has the right of postliminy, than to one captured by the enemy.
Si damni infecti missus sit in aedes militis, si quidem praesente eo iussit praetor possideri, non restituitur, sin uero absente eo, dicendum subueniri ei debere.
If, in the case of threatened damage, entry into the house of a soldier has been granted, then if the praetor ordered possession to be taken while he was present, there is no restitution; but if indeed he was absent, it must be said that relief ought to be granted to him.
Sed quod simpliciter praetor edixit 'posteaue' ita accipiendum est, ut si inchoata sit bonae fidei possessoris detentatio ante absentiam, finita autem reuerso,3 restitutionis auxilium locum habeat non quandoque, sed ita demum, si intra modicum tempus quam rediit4 hoc contigit, id est dum hospitium quis conducit, sarcinulas componit, quaerit aduocatum: nam eum, qui differt restitutionem, non esse audiendum Neratius scribit.
But what the praetor simply declared as ‘or afterwards’ is to be understood in this way: that if the holding by a possessor in good faith was begun before the absence, but completed after his return, the remedy of restitution has place not at any time whatsoever, but only if this happened within a short time after he returned; that is, while one is renting a lodging, packing up one’s baggage, and seeking an advocate. For Neratius writes that he who delays restitution is not to be heard.
- 4.6.15.prcaptis postliminio reuersis succurritur aut ibi mortuis
The impersonal passive verb succurritur governs the dative case; thus, captis, reuersis, and mortuis are all dative, forming the construction 'relief is granted to...'.
- 4.6.15.prhostium potitus est
The deponent verb potior (to get possession of, fall into the power of) governs either the genitive or the ablative. Here it governs the genitive hostium, referring to one who has fallen into the hands of the enemy.
- 4.6.15.3finita autem reuerso
An ablative absolute construction with the pronoun omitted. reuerso (the perfect participle ablative of reuertor) functions as 'after he returned', setting the temporal condition for the completion of the possession.
- 4.6.15.3intra modicum tempus quam rediit
In expressions of time, quam after intra... tempus acts similarly to postquam (after), meaning 'within a short time after he returned'.