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Justinian I · The Digest of Justinian §43.7.3.pr-43.7.3.1

Distinction Between Neighborhood Roads and Military Roads

Passage 7051 of 9271 · Latin

Summary

Ulpian states that neighboring roads whose origins are forgotten are treated as public roads, and distinguishes them from military roads by noting that the latter lead to specific public destinations while some of the former simply lead nowhere.

[ULPIANUS libro trigensimo tertio ad Sabinum. ] §43.7.3.prUiae uicinales, quae ex agris priuatorum collatis factae sunt, quarum memoria non exstat, publicarum uiarum numero sunt.
[ULPIANUS on Sabinus, book 33] Neighboring roads, which have been constructed from the gathered lands of private individuals and of which no memory exists, are counted among public roads.
§43.7.3.1Sed inter eas et ceteras uias militares hoc interest, quod uiae militares exitum ad mare aut in urbes aut in flumina publica aut ad aliam uiam militarem habent, harum autem uicinalium uiarum dissimilis condicio est: nam pars earum in militares uias exitum habent, pars sine ullo exitu intermoriuntur.
But between them and other military roads there is this difference, that military roads have an outlet to the sea, or to cities, or to public rivers, or to another military road, while the condition of these neighboring roads is different: for some of them have an outlet into military roads, while some die out without any outlet.

Notes

  1. §43.7.3.prquarum memoria non exstat — Meaning "of which no memory (of their creation) exists." It indicates that even if a neighboring road was originally constructed from private land, if it has existed from time immemorial so that no living memory of its origin remains, it is treated as a public road.
  2. §43.7.3.1hoc interest, quod — Used with the impersonal verb `interest` (there is a difference), where the demonstrative pronoun `hoc` anticipates the following substantive `quod` clause (namely, that...). It functions as an appositional structure, meaning "this difference exists, namely that..."

Cite this passage

Justinian I, The Digest of Justinian §43.7.3.pr-43.7.3.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.7.3.pr-43.7.3.1

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