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Justinian I · The Digest of Justinian §36.1.7.pr

Consideration of Costs, Health, and Dignity in Compelling Entry

Passage 5558 of 9271 · Latin

Summary

Maecianus explains that in compelling an heir to enter upon an inheritance, regard must be had to the travel expenses, the heir's health, and their dignity, such as when humiliating conditions (like bearing the name of a corpse-bearer) are imposed.

[MaeCIANUS libro quarto fideicommissorum. ] §36.1.7.prSed sciendum est inpendiorum quoque, quae ad iter explicandum necessaria essent, rationem haberi debere: nam si ita institutus esset 'si Titio decem dedisset', non aliter cogeretur, quam si ei pecunia offeratur.
[MaeCIANUS from the fourth book on Trusts.] But it must be known that account must also be taken of the expenses which would be necessary to undertake the journey: for if he had been so instituted "if he had given ten to Titius", he would not otherwise be compelled than if the money is offered to him.
sed et salutis ac dignitatis ratio habenda erit: quid enim si morbo adplicitus Alexandriae iussus fuit adire uel nomen uispellionis testatoris ferre?
But regard must also be had to health and dignity: for what if, afflicted with illness, he was ordered to enter upon the inheritance at Alexandria, or to bear the name of the corpse-bearer of the testator?

Notes

  1. §36.1.7.prad iter explicandum — A gerundive construction expressing purpose. The verb `explicare` here means "to unfold", "to clear", or "to complete (a journey)", referring to making or completing the travel necessary to accept the inheritance.
  2. §36.1.7.prnon aliter cogeretur, quam si — A conditional construction combining negation with `aliter ... quam si` ("he would not otherwise be compelled than if..."). The main clause `cogeretur` (subjunctive imperfect) represents a present counterfactual situation, while the subordinate clause `offeratur` (subjunctive present) introduces a future possibility or general assumption, resulting in a shift or mismatch in tense.
  3. §36.1.7.prAlexandriae — The locative case (genitive singular of a first-declension town name) of Alexandria, meaning "at Alexandria". It serves as a typical example of a far journey that could pose a risk to the heir's health (`salus`).
  4. §36.1.7.prnomen uispellionis — A `uispellio` (or `uespillo`) refers to a lower-class laborer who carried the bodies of the poor to their graves at night (a corpse-bearer). Imposing a condition to bear such a name is considered a severe affront to the heir's social standing and dignity (`dignitas`), serving as a ground to refuse compulsion.

Cite this passage

Justinian I, The Digest of Justinian §36.1.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.1.7.pr

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