Humanitext Reader

Justinian I · The Digest of Justinian §5.3.12.pr

Definition of One Possessing as Possessor

Passage 1008 of 9271 · Latin

Summary

Explains the definition of a "possessor as possessor" (plunderer) as one who, when asked why they possess, merely answers "because I possess" and does not claim to be the heir even by a lie.

[IDEM libro sexagensimo septimo ad edictum. ] §5.3.12.prqui interrogatus cur possideat, responsurus sit 'quia possideo' nec contendet se heredem uel per mendacium,
[THE SAME, in the sixty-seventh book on the Edict.] who, when asked why he possesses, would answer 'because I possess', and will not contend, even by a lie, that he is the heir,

Notes

  1. §5.3.12.prresponsurus sit — Composed of the active future participle responsurus and the subjunctive present of the auxiliary sit. In the relative clause introduced by qui, it functions as a subjunctive of characteristic, describing the nature or expected behavior of the subject ("one who would answer").
  2. §5.3.12.prcontendet — The third-person singular future indicative of the verb contendere (to contend). Although parallel in thought to the preceding subjunctive responsurus sit, the use of the future indicative expresses a strong expectation that the person in fact will not make such a claim. Some manuscripts read the present subjunctive contendat in full parallel with responsurus sit.
  3. §5.3.12.prse heredem — An accusative with infinitive construction (accusativus cum infinitivo) serving as the object of the verb contendet, with the infinitive esse (to be) being omitted. The reflexive pronoun se refers back to the subject of the clause (the plunderer).

Cite this passage

Justinian I, The Digest of Justinian §5.3.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.12.pr

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.