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Justinian I · The Digest of Justinian §47.7.10.pr

Counting Twin Trees by the Position of Junction

Passage 7978 of 9271 · Latin

Summary

It discusses whether a twin tree is considered a single tree or multiple trees, depending on whether its junction is visible above or below the ground.

[IULIANUS libro tertio ex Minicio. ] §47.7.10.prSi gemina arbor esset et supra terram iunctura eius emineret, una arbor uidetur esse.
[JULIANUS on Minicius, book 3] If there is a twin tree and its junction projects above the ground, it is deemed to be a single tree.
sed si id qua iungeretur non exstaret, totidem arbores sunt, quot species earum supra terram essent.
But if the part where they are joined does not appear, there are as many trees as there are individual trunks of them above the ground.

Notes

  1. §47.7.10.prid qua iungeretur — The demonstrative pronoun id, acting as the subject, is modified by the relative adverbial clause qua iungeretur ('where it was joined', in the subjunctive imperfect passive). This refers to the situation where the junction itself is not visible above the ground.
  2. §47.7.10.prspecies earum — The word species here does not mean 'species' in the botanical sense, but rather the 'outward appearance' or 'individual trunks' visible above the ground, meaning that there are as many individual trees as there are visible trunks.

Cite this passage

Justinian I, The Digest of Justinian §47.7.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.7.10.pr

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