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Justinian I · The Digest of Justinian §50.16.198.pr

Definition of Urban Estates by Character and Purpose

Passage 9012 of 9271 · Latin

Summary

Ulpian explains that 'urban estates' are defined by the character and purpose of the buildings rather than their geographical location, including rental properties, pleasure manors, and courtyard gardens, while excluding revenue-generating gardens like vineyards.

[IDEM libro secundo de omnibus tribunalibus. ] §50.16.198.pr'Urbana praedia' omnia aedificia accipimus, non solum ea quae sunt in oppidis, sed et si forte stabula sunt uel alia meritoria in uillis et in uicis, uel si praetoria uoluptati tantum deseruientia: quia urbanum praedium non locus facit, sed materia.
[THE SAME in the second book on All Tribunals.] By 'urban estates' we understand all buildings, not only those which are in towns, but also if by chance there are stables or other buildings let for hire in villas and villages, or if there are manor houses serving pleasure only: because it is not the location that makes an urban estate, but its character.
proinde hortos quoque, si qui sunt in aedificiis constituti, dicendum est urbanorum appellatione contineri.
Accordingly, it must be said that gardens also, if there are any established within the buildings, are included under the designation of urban estates.
plane si plurimum horti in reditu sunt, uinearii forte uel etiam holitorii, magis haec non sunt urbana.
Clearly, if gardens are mostly for revenue, perhaps as vineyards or even vegetable gardens, these are rather not urban.

Notes

  1. §50.16.198.praccipimus — The verb accipio is used here not in the sense of "receive" but "understand, interpret (as containing/meaning something)," taking an accusative object ("omnia aedificia").
  2. §50.16.198.prplurimum — Used as an adverbial accusative meaning "mostly" or "chiefly" with the plural subject "horti" and the verb "sunt." If "plurimum" were taken as a noun with "horti" as a partitive genitive singular ("the greatest part of the garden"), it would not agree in number with the plural verb "sunt" and the plural adjectives "uinearii" and "holitorii." Thus, "horti" is nominative plural and "plurimum" is adverbial.
  3. §50.16.198.prhaec — Nominative neuter plural of the demonstrative pronoun. Although it refers back to the masculine plural "horti" (gardens), the neuter plural "haec" (and the predicate "urbana") is used in agreement with the general class of things under discussion, namely "praedia" (estates, neuter plural).

Cite this passage

Justinian I, The Digest of Justinian §50.16.198.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.198.pr

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