- 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-lat1:8.5.18.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-14
Regarding a defendant who blocks a neighbor's water access and hides to avoid a lawsuit, Julianus advises that the praetor should grant the plaintiff possession of the defendant's property until the right is established and damages are paid.
[IULIANUS libro sexto ex Minicio.]
[IULIANUS, book 6 from Minicius.]
Is, cuius familia uicinum prohibebat aquam ducere, sui potestatem non faciebat,1 ne secum agi posset: quaerit actor, quid sibi faciendum esset. respondi oportere praetorem causa cognita iubere bona aduersarii possideri et non ante inde discedere,2 quam is actori ius aquae ducendae constituisset et, si quid, quia aquam ducere prohibitus esset, siccitatibus detrimenti cepisset,3 ueluti si prata arboresue exaruisset.
A person whose slaves were preventing a neighbor from drawing water did not make himself available so that an action could not be brought against him. The plaintiff asks what he ought to do. I answered that the praetor, after investigating the case, ought to order the possession of the adversary’s property, and that [the plaintiff] should not depart from there before the adversary established the right of drawing water for the plaintiff and [made good] any damage [the plaintiff] might have suffered from the drought because he had been prevented from drawing water, as for example if meadows or trees had dried up.
- 8.5.18.prsui potestatem non faciebat
Literally 'he did not make power of himself available,' a legal idiom indicating that the defendant was hiding or keeping out of the way to prevent being summoned or sued.
- 8.5.18.prnon ante inde discedere
The accusative subject of the infinitive discedere, namely actorem (the plaintiff), is omitted. The context is that the praetor grants the plaintiff possession of the defendant's property (missio in possessionem) and orders that the plaintiff should not withdraw from it until the defendant fulfills his obligations.
- 8.5.18.prsi quid ... detrimenti cepisset
In the quam clause, a verb meaning to make good or compensate for the damage (such as sarsisset or soluisset), which would stand parallel to constituisset, is omitted. The syntax is elliptical: 'until he should establish the right... and [should compensate] if he had suffered any damage'.