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Justinian I · The Digest of Justinian §11.8.5.pr-11.8.5.1

Burial in Incomplete Monuments and Alterations After Dedication

Passage 1855 of 9271 · Latin

Summary

It explains that if remains are buried in an incomplete monument, its completion is not prevented; however, if the site has already become a religious place, the pontiffs must determine how to accommodate the repairs without violating the religious sanctity.

[IDEM libro primo opinionum. ] §11.8.5.prSi in eo monumento, quod imperfectum esse dicitur, reliquiae hominis conditae sunt, nihil impedit quominus id perficiatur.
[THE SAME, Opinions, book 1] If the remains of a human being have been deposited in a monument which is said to be incomplete, nothing prevents it from being completed.
§11.8.5.1Sed si religiosus locus iam factus sit, pontifices explorare debent, quatenus salua religione desiderio reficiendi operis medendum sit.
But if it has already become a religious place, the pontiffs must investigate to what extent, without prejudice to religion, the desire to repair the structure should be accommodated.

Notes

  1. §11.8.5.prquominus — A conjunction introduced after the verb of hindering `impedit`, leading a subjunctive clause indicating "nothing prevents [something] from being done." Here, with the passive present subjunctive `perficiatur`, it means "nothing prevents it from being completed."
  2. §11.8.5.1medendum sit — The subjunctive present of the gerundive (impersonal passive) of the verb `mederi` (to remedy, accommodate, address), which governs the dative. It forms the predicate of the indirect question introduced by `quatenus`, taking the dative `desiderio` to mean "how the desire (to repair the work) should be accommodated."

Cite this passage

Justinian I, The Digest of Justinian §11.8.5.pr-11.8.5.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.8.5.pr-11.8.5.1

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