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Justinian I · The Digest of Justinian §39.4.15.pr

Legality of Departure Delayed by Storm Past Export Deadline

Passage 6214 of 9271 · Latin

Summary

Regarding a restriction on exporting whetstones from Crete, a jurist answers that a ship which departed before the deadline but was forced back by a storm and departed again after it does not violate the law, as the export was already legally completed at the initial departure.

[ALFENUS UARUS libro septimo digestorum. ] §39.4.15.prCaesar cum insulae Cretae cotorias locaret, legem ita dixerat: 'ne quis praeter redemptorem post idus Martias cotem ex insula Creta 'fodito neue eximito neue auellito', cuiusdam nauis onusta cotibus ante idus Martias ex portu Cretae profecta uento relata in portum erat, deinde iterum post idus Martias profecta erat.
[ALFENUS VARUS, Digests, Book VII] When Caesar leased the whetstone quarries of the island of Crete, he had laid down the following law: 'No one except the contractor, after the Ides of March, shall dig, remove, or carry away whetstone from the island of Crete.' A certain ship laden with whetstones had set out from a port of Crete before the Ides of March, but was driven back into the port by the wind, and then had set out again after the Ides of March.
consulebatur, num contra legem post idus Martias ex insula Creta cotes exisse uiderentur.
The question was asked whether the whetstones seemed to have left the island of Crete after the Ides of March contrary to the law.
respondit, tametsi portus quoque, qui insulae essent, omnes eius insulae esse uiderentur, tamen eum, qui ante idus Martias profectus ex portu esset et relatus tempestate in insulam deductus esset, si inde exisset non uideri contra legem fecisse, praeterea quod iam initio euectae cotes uiderentur, cum et ex portu nauis profecta esset.
He replied that, although all the harbors which belong to the island are also considered to be part of that island, nevertheless, a person who had set out from the port before the Ides of March and had been driven back and brought back to the island by a storm, does not seem to have acted contrary to the law if he departed from there, especially because the whetstones already seemed to have been exported at the very beginning, since the ship had also set out from the port.

Notes

  1. 39.4.15.prcuiusdam nauis — Although cuiusdam is a genitive, it is used here either as a possessive genitive modifying the nominative nauis ('a certain person's ship') or as a non-standard substitute for the nominative of the indefinite pronoun quidam ('a certain ship'). All translations treat this as 'a certain ship'.
  2. 39.4.15.prtamen eum ... non uideri contra legem fecisse — In the indirect speech following respondit, this is an accusative with infinitive (AcI) construction where eum (modified by the relative clause qui ... esset) serves as the subject accusative of uideri. fecisse is a perfect infinitive depending on uideri ('to seem to have acted').
  3. 39.4.15.preuectae cotes uiderentur — euectae is the nominative feminine plural of the perfect passive participle of eueho (to carry out, export), agreeing with the subject cotes and acting predicatively with uiderentur ('the whetstones seemed to have been exported') in a personal passive construction.

Cite this passage

Justinian I, The Digest of Justinian §39.4.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.4.15.pr

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