[ULPIANUS libro duodecimo ad edictum. ] §4.6.28.prNec non et si quis de causa probabili afuerit, deliberare debet praetor, an ei subueniri debeat, puta studiorum causa, forte procuratore suo defuncto: ne decipiatur per iustissimam absentiae causam.
[ULPIANUS in the twelfth book on the Edict.] Furthermore, if anyone has been absent for a plausible reason, the praetor must deliberate whether relief should be granted to him, for instance, for the sake of studies, or perhaps because his procurator has died; lest he be deceived by a most justifiable cause of absence.
§4.6.28.1Item si quis nec in custodia nec in uinculis sit, sed sub fideiussorum satisdatione et, dum propter hoc recedere non potest, captus sit, restituetur et aduersus eum dabitur restitutio.
Likewise, if anyone is neither in custody nor in chains, but under the security of guarantors, and, while because of this he cannot leave, is captured, he shall be restored, and restitution shall be granted against him.
§4.6.28.2'Quod eius' inquit praetor 'per leges plebis scita senatus consulta edicta decreta principum licebit. ' quae clausula non illud pollicetur restituturum, si leges permittant, sed si leges non prohibeant.
The praetor says: "As far as this is permitted by laws, plebiscites, senatusconsults, edicts, and decrees of the emperors." This clause does not promise that he will restore if the laws permit, but if the laws do not forbid.
§4.6.28.3Si quis saepius rei publicae causa afuit, ex nouissimo reditu tempus restitutionis esse ei computandum Labeo putat.
If someone was absent several times for the sake of the state, Labeo thinks that the time of restitution is to be computed for him from his latest return.
sed si omnes quidem absentiae annum colligant, singulae minus anno, utrum annum ei damus ad restitutionem an uero tantum temporis, quantum nouissima eius absentia occupauit, uidendum: et puto annum dandum.
But if indeed all the absences together amount to a year, but individual ones are less than a year, we must consider whether we should give him a year for restitution, or rather only as much time as his latest absence occupied; and I think a year should be given.
§4.6.28.4Si cum in prouincia domicilium haberes, esses autem in urbe, an mihi annus cedat, quasi experiundi potestatem habeam? et ait Labeo non cedere.
If, although you had your domicile in a province, you were however in the city, does the year run against me, as if I had the opportunity of bringing an action? And Labeo says it does not run.
ego autem puto hoc ita uerum, si ius reuocandi domum aduersarius habuit: si minus, uideri esse experiundi potestatem, quia et Romae contestari litem potuit.
But I think this is true only if the adversary had the right of recalling the case to his domicile; if not, there seems to be an opportunity of bringing an action, because he could also join issue at Rome.
§4.6.28.5Exemplo rescissoriae actionis etiam exceptio ei, qui rei publicae causa afuit, competit: forte si res ab eo possessionem nancto uindicentur.
By the example of the rescissory action, an exception is also available to him who was absent for the sake of the state; for instance, if things are claimed from him after he has obtained possession.
§4.6.28.6In actione rescissoria, quae aduersus militem competit, aequissimum esse Pomponius ait eius quoque temporis, quo absens defensus non est, fructus eum praestare: ergo et militi debebunt restitui: utrimque actio erit,
In the rescissory action which lies against a soldier, Pomponius says it is most equitable that he also yield the fruits of that time during which he, being absent, was not defended; therefore, they must also be restored to the soldier: there will be an action on both sides.