- 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-lat1:8.1.9.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-14
This section explains that when a right of way is granted without designating a specific path, the holder may pass anywhere but must exercise this right reasonably (avoiding the villa or vineyards), and once a path is established, it cannot be changed.
[CELSUS libro quinto digestorum.]
[CELSUS in the fifth book of the Digests.]
Si cui simplicis uia1 per fundum cuiuspiam cedatur uel relinquatur, in infinito, uidelicet per quamlibet eius partem, ire agere2 licebit, ciuiliter modo:3 nam quaedam in sermone tacite excipiuntur. non enim per uillam ipsam nec per medias uineas ire agere sinendus est, cum id aeque commode per alteram partem facere possit minore seruientis fundi detrimento. uerum constitit,4 ut, qua primum uiam direxisset, ea demum ire agere deberet nec amplius mutandae eius potestatem haberet: sicuti Sabino quoque uidebatur, qui argumento riui utebatur, quem primo qualibet ducere licuisset, posteaquam ductus esset, transferre non liceret: quod et in uia seruandum esse uerum est.
If a simple right of way through someone’s estate is ceded or bequeathed to anyone, it will be permitted to pass and drive without limit, namely through any part of it, yet only in a civil manner: for certain things are tacitly excepted in speech. For he must not be permitted to pass and drive through the villa itself or through the middle of the vineyards, since he can do this just as conveniently through another part with less detriment to the servient estate. But it has been established that, along whatever course he first laid out the way, along that only ought he to pass and drive, and he should no longer have the power of changing it; as it also seemed to Sabinus, who used the argument of a watercourse, which at first it was permitted to lead anywhere, but after it had been led, it was not permitted to transfer it; which is true to be observed also in the case of a way.
- 8.1.9.prsimplicis uia
Sometimes emended to simplex uia in manuscripts. It refers to a 'simple right of way' where no specific route or path is designated. The genitive simplicis (or adjective simplex) indicates that the servitude is granted without specific spatial limitations within the servient estate.
- 8.1.9.prire agere
A formulaic expression combining ire (to go, walk) and agere (to drive beasts or vehicles), which represent the two essential components of the right of way (via). It emphasizes that both actions are permitted even before the specific path is determined.
- 8.1.9.prciuiliter modo
Meaning 'only in a civil (reasonable) manner.' This expresses the fundamental principle of Roman servitude law known as civiliter uti (to use civilly), which dictates that a servitude must be exercised reasonably, minimizing unnecessary burden on the owner of the servient estate.
- 8.1.9.prconstitit
An impersonal verb meaning 'it has been established' or 'it is agreed.' It governs the subsequent ut clause (ut... deberet nec... haberet) as its substantive subject.