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The Digest of Justinian

§4.6.40.pr-4.6.40.1

Preservation of Actions for Soldiers and Relief for Exiles

Ulpian discusses that a soldier's right of action during public service is not extinguished, and that an exiled person, upon restoration, must have any non-confiscated property usurped by another during exile restored to its original status.

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[ULPIANUS libro quinto opinionum.]

[ULPIANUS, Opinions, Book V]

§4.6.40.pr

​Si qua militi accusatio competat tempore, quo rei publicae operam dedit, non peremitur.

​Any accusation that belongs to a soldier during the time he was engaged in public service is not extinguished.

§4.6.40.1

​Quod eo tempore, quo in insula aliquis fuit ex poena ei irrogata, cuius restitutionem impetrauit, ab alio usurpatum ex bonis, quae non erant adempta, probatum fuerit, suae causae1 restituendum est.2

​If it has been proved that, during the time someone was on an island due to a punishment imposed on him (from which he later obtained restitution), something was usurped by another from his property that had not been confiscated, it must be restored to its original legal status.

Syntax notes2 items
  1. 4.6.40.1suae causae

    Dative case. Here causa is used not as 'cause' or 'lawsuit', but as a legal term meaning 'legal status' or 'original condition of rights'. Thus, suae causae restituere means 'to restore to its original legal status'.

  2. 4.6.40.1Quod ... probatum fuerit, suae causae restituendum est

    The relative pronoun Quod has its antecedent (neut. sing.) omitted and serves as the subject of the main verb restituendum est. The participle usurpatum agrees with Quod (or forms an infinitive clause as usurpatum esse), and together with probatum fuerit (future perfect passive functioning as a condition), it forms the construction 'that which has been proved to have been usurped...'.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.40.pr-4.6.40.1