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Justinian I · The Digest of Justinian §50.16.199.pr-50.16.199.1

Definition of an Absent Person and the Status of Captives

Passage 9013 of 9271 · Latin

Summary

This text defines an 'absent person' based on their location relative to the lawsuit and the city boundaries, and contrasts the status of those captured by enemies with those detained by robbers.

[IDEM libro octauo de omnibus tribunalibus. ] §50.16.199.prAbsentem' accipere debemus eum, qui non est eo loci, in quo loco petitur: non enim trans mare absentem desideramus: et si forte extra continentia urbis sit, abest.
[THE SAME in the eighth book on All Tribunals.] We must understand an 'absent person' to be one who is not in that place where he is sued: for we do not require the absent person to be across the sea: and if by chance he is outside the continuous buildings of the city, he is absent.
ceterum usque ad continentia non abesse uidebitur, si non latitet.
But up to the continuous buildings he will not seem to be absent, if he is not in hiding.
§50.16.199.1Abesse non uidetur, qui ab hostibus captus est, sed qui a latronibus detinetur.
He who is captured by enemies does not seem to be absent, but he who is detained by robbers [does seem to be absent].

Notes

  1. §50.16.199.preo loci — The partitive genitive loci depends on the demonstrative eo (ablative), forming an adverbial phrase meaning 'in that place'.
  2. §50.16.199.prpetitur — The passive form of petere, used here in the legal sense of 'to be sued' or 'to have a claim brought against oneself'.
  3. §50.16.199.prtrans mare absentem desideramus — Here, desiderare means 'to require' or 'to demand'. The phrase implies that we do not require an absent person to be as far away as across the sea to be legally considered absent.
  4. §50.16.199.prcontinentia — The neuter plural accusative of continens (continuous), referring to the continuous built-up area of the city, serving as the object of the preposition extra.
  5. §50.16.199.1sed qui a latronibus detinetur — The phrase abesse videtur (does seem to be absent) is implied at the end of the clause. In Roman law, those captured by official enemies (hostes) are in a special legal state (with postliminium) and thus not simply deemed 'absent', whereas those detained by private robbers (latrones) are legally considered 'absent'.

Cite this passage

Justinian I, The Digest of Justinian §50.16.199.pr-50.16.199.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.199.pr-50.16.199.1

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