Humanitext Reader

Justinian I · The Digest of Justinian §43.28.1.pr-43.28.1.1

Right to Gather Fallen Fruit and Prohibition of Interference

Passage 7175 of 9271 · Latin

Summary

The praetor's edict prohibiting the use of force to prevent a neighbor from gathering fallen fruit on one's land, and the interpretation that the term "acorn" encompasses all types of fruit.

[ULPIANUS libro septuagensimo primo ad edictum. ] §43.28.1.prAit praetor: 'Glandem, quae ex illius agro in tuum cadat, quo minus illi tertio quoque die legere auferre liceat, uim fieri ueto'. §43.28.1.1Glandis nomine omnes fructus continentur.
[ULPIAN, On the Edict, book seventy-one.] The praetor says: "I forbid force to be used to prevent him from being allowed to gather and carry away every third day the acorns which fall from his field into yours." Under the term "acorns" all fruits are included.

Notes

  1. §43.28.1.prGlandem — The accusative singular noun Glandem at the beginning of the sentence is grammatically the direct object of the infinitives legere and auferre inside the quo minus clause, but is placed first for thematic emphasis (prolepsis). The relative clause quae... cadat modifies it.
  2. §43.28.1.prquo minus ... uim fieri ueto — The verb veto (I forbid) usually takes an accusative with infinitive construction (here uim fieri, "force to be used"), but here it is combined with a quo minus clause, which is used after expressions of hindering or preventing. The structure means "I forbid force to be used in order to prevent [him] from..."
  3. §43.28.1.prtertio quoque die — The combination of quisque with the ordinal numeral tertio (third) means "every third day." Under the ancient Roman system of inclusive counting (where the current day is included as day one), this practically equates to "every other day."

Cite this passage

Justinian I, The Digest of Justinian §43.28.1.pr-43.28.1.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.28.1.pr-43.28.1.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.