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Justinian I · The Digest of Justinian §43.24.18.pr-43.24.18.1

Timber Cutting Liability and Stealth during Summons

Passage 7145 of 9271 · Latin

Summary

It is discussed that cutting down an immature forest incurs liability under the interdict, whereas cutting a mature one without causing damage does not, and that work carried out while summoning an adversary through a magistrate to prevent them from issuing a notice of new work is deemed to have been done by stealth.

[CELSUS libro uicensimo quinto digestorum. ] §43.24.18.prSi inmaturam siluam caeduam cecidit quis, interdicto quod ui aut clam tenetur: si maturam similiter caeduam neque damno dominus adfectus est, nihil praestabit.
[CELSUS, in the twenty-fifth book of the Digests.] If anyone has cut down an immature copse, he is held liable under the interdict "what by force or stealth"; if likewise a mature copse, and the owner has suffered no damage, he shall render nothing.
§43.24.18.1Non absurde responsum est: si magistratum rogasses, ut aduersarium tuum adesse ad iudicium iuberet, ne opus nouum tibi nuntiaret, clam uideris opus fecisse, quod interim feceris.
It was answered not without reason: if you had asked a magistrate to order your adversary to appear in court so that he might not give you notice of a new structure, you are deemed to have done the work by stealth which you did in the meantime.

Notes

  1. §43.24.18.prmaturam similiter caeduam — The noun `siluam` (from the preceding `siluam caeduam`) and the verb `cecidit` are omitted by ellipsis. It should be understood as "if [he has cut down] likewise a mature [copse]". `similiter` qualifies the action of cutting the copse.
  2. §43.24.18.1ne opus nouum tibi nuntiaret — A purpose clause introduced by the conjunction `ne`. The logical subject of this clause is `aduersarium tuum` (your adversary), which is the object of `iuberet` and the subject of the infinitive `adesse`. `tibi` (to you) is the indirect object. The clause expresses the purpose of asking the magistrate to order the adversary's appearance.
  3. §43.24.18.1clam uideris opus fecisse — The verb `uideris` is the second-person singular (future perfect indicative or perfect subjunctive) of the passive `uideo`, forming a personal construction (nominativus cum infinitivo) with the infinitive `fecisse`. It means "you are deemed to have done", which directly points to the subject's legal liability, rather than an impersonal "it seems that you have done".

Cite this passage

Justinian I, The Digest of Justinian §43.24.18.pr-43.24.18.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.24.18.pr-43.24.18.1

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