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Justinian I · The Digest of Justinian §50.13.2.pr

Governor's Jurisdiction Over Water Rights and Property Disputes

Passage 8799 of 9271 · Latin

Summary

The text rules that disputes over water use, illegal canals, bad-faith possession of horses, and damages from forced billetings of personnel must be referred to the provincial governor for an equitable resolution, unless authorized by a competent commander.

[IDEM libro primo opinionum. ] §50.13.2.prDe usu aquae, de riuis nouis inciuiliter institutis, item de equis alienis a sciente possessis fetuque earum, et de damno dato per immissos in praedium suum uniuersos homines eos, qui in plurium praedia distribui debuerunt, si modo id non ex auctoritate eius qui iubere potuit factum est, praesidem prouinciae doceri oportere responsum est, ut is secundum rei aequitatem et iurisdictionis ordinem conuenientem formam rei det.
[THE SAME, in the first book of Opinions.] Concerning the use of water, concerning new channels constructed in an uncivil manner, likewise concerning another's horses possessed by one who knows they are another's and their offspring, and concerning damage caused by sending into one's own estate all those men who ought to have been distributed among the estates of several people—provided that this was not done by the authority of one who had the power to command—it was answered that the governor of the province ought to be informed, so that he may provide an appropriate remedy for the matter in accordance with the equity of the case and the order of jurisdiction.

Notes

  1. 50.13.2.prpraesidem prouinciae doceri oportere — An accusative and infinitive construction introduced by the main verb `responsum est`. The subject of the impersonal verb `oportere` is the entire clause with the passive infinitive `doceri` and its subject accusative `praesidem prouinciae`.
  2. 50.13.2.pra sciente — The preposition `a` governing the ablative, combined with the present participle `sciente` (ablative singular of `sciens`). It is used substantively to mean 'by one who knows [that the property belongs to another]', indicating a bad-faith possessor.
  3. 50.13.2.prper immissos in praedium suum uniuersos homines eos — The preposition `per` (governing the accusative) is connected with the accusative noun phrase `homines eos`, which is modified by the perfect passive participle `immissos` and the adjective `uniuersos`. It denotes the cause or agency of the damage ('through all those men sent in').

Cite this passage

Justinian I, The Digest of Justinian §50.13.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.13.2.pr

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