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Justinian I · The Digest of Justinian §41.1.16.pr

Inapplicability of Alluvion to Limited Lands

Passage 6646 of 9271 · Latin

Summary

It states that the right of alluvion does not apply to limited lands, citing a constitution of Emperor Antoninus Pius and the opinion of Trebatius regarding the distinction between lands granted on state conditions and those captured by force.

[FLORENTINUS libro sexto institutionum. ] §41.1.16.prIn agris limitatis ius alluuionis locum non habere constat: idque et diuus Pius constituit et Trebatius ait agrum, qui hostibus deuictis ea condicione concessus sit, ut in ciuitatem ueniret, habere alluuionem neque esse limitatum: agrum autem manu captum limitatum fuisse, ut sciretur, quid cuique datum esset, quid uenisset, quid in publico relictum esset.
[FLORENTINUS, Institutes, book 6] It is well established that the right of alluvion has no place in limited lands: and this was both decreed by the divine Pius and Trebatius says that land which, after the defeat of enemies, was granted on the condition that it should belong to the state, has the right of alluvion and is not limited; but that land captured by force of arms was limited in order that it might be known what was given to each person, what was sold, and what was left in the public domain.

Notes

  1. §41.1.16.prlocum non habere — Denial of the idiom `locum habere` (to have a place, to apply). It forms part of the accusative with infinitive clause acting as the subject of the impersonal verb `constat`.
  2. §41.1.16.prhostibus deuictis — An ablative absolute construction consisting of the noun `hostis` (enemy) and the perfect passive participle `deuictis` (conquered), expressing a temporal or conditional circumstance ('after the enemies had been defeated').
  3. §41.1.16.pruenisset — The third-person singular pluperfect subjunctive of the irregular verb `ueneo` (to be sold, serving as the passive of `uendo`), not from `venire` (to come). It forms the indirect question `quid uenisset` ('what had been sold').

Cite this passage

Justinian I, The Digest of Justinian §41.1.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.16.pr

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