← Justinian I

The Digest of Justinian

§8.3.35.pr

Restoration of Water Rights After Resumption of a Dried Spring

It quotes an imperial rescript that restores the right of conduit to users who had lost it not through their own negligence but because the spring had dried up.

View ▾
View
Translation
Typeface
AI ↗
← PrevNext →

[PAULUS libro quinto decimo ad Plautium.]

[PAULUS, On Plautius, Book 15]

§8.3.35.pr

​et Atilicinus ait Caesarem Statilio Tauro rescripsisse in haec uerba:1 'Hi, qui ex fundo Sutrino aquam ducere soliti sunt, adierunt me proposueruntque aquam, qua per aliquot annos usi sunt ex fonte, qui est in fundo Sutrino, ducere non potuisse,2 quod fons exaruisset, et postea ex eo fonte aquam fluere coepisse: petieruntque a me, ut quod ius non neglegentia aut culpa sua amiserant, sed quia ducere non poterant, his restitueretur. quorum mihi postulatio cum non iniqua uisa sit,3 succurrendum his putaui. itaque quod ius habuerunt tunc, cum primum ea aqua peruenire ad eos non potuit, id eis restitui placet.4'

​And Atilicinus says that Caesar replied to Statilius Taurus in these words: ‘Those who were accustomed to lead water from the Sutrian estate approached me and set forth that they had been unable to lead the water, which they had used for some years from the spring on the Sutrian estate, because the spring had dried up, and that afterwards water had begun to flow from that spring; and they petitioned me that the right which they had lost, not through their own negligence or fault, but because they were unable to lead the water, should be restored to them. Since their petition did not seem unfair to me, I thought they should be relieved. Therefore, it is my pleasure that the right which they had at the time when that water first could not reach them should be restored to them.’

Syntax notes4 items
  1. 8.3.35.prCaesarem Statilio Tauro rescripsisse in haec uerba

    The accusative with infinitive construction Caesarem ... rescripsisse is used as the object of the verb of saying ait, followed by the actual text of the imperial reply introduced in direct speech ('in haec uerba').

  2. 8.3.35.prproposueruntque aquam ... ducere non potuisse

    An accusative with infinitive clause functioning as the object of proposuerunt. The preceding aquam is not the subject accusative but the object of the infinitive ducere, modified by the relative clause qua... usi sunt.

  3. 8.3.35.prquorum mihi postulatio cum non iniqua uisa sit

    quorum is a relative connection (connectio relativa) referring back to the petitioners (Hi). cum is a causal conjunction ('since') taking the subjunctive perfect uisa sit.

  4. 8.3.35.prid eis restitui placet

    placet is used impersonally to express an official or legal decision ('it is my pleasure', 'it is decreed'). Its subject is the infinitive clause id eis restitui containing the passive infinitive restitui.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.3.35.pr