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Justinian I · The Digest of Justinian §50.16.234.pr-50.16.234.2

Definitions of Enemy, Solvency, and Living Essentials

Passage 9048 of 9271 · Latin

Summary

This section discusses the archaic term "perduelles" for enemies at war, the definition of "locuples" as having sufficient means matching the plaintiff's claim, and the interpretation of the word "uiuere" (to live) as including clothing and bedding.

[IDEM libro secundo ad legem duodecim tabularum. ] §50.16.234.prQuos nos hostes appellamus, eos ueteres 'perduelles' appellabant, per eam adiectionem indicantes cum quibus bellum esset.
[THE SAME, in the second book on the Law of the Twelve Tables.] Those whom we call "hostes", the ancients called "perduelles", indicating by that addition those with whom they were at war.
' §50.16.234.1Locuples' est, qui satis idonee habet pro magnitudine rei, quam actor restituendam esse petit.
"Locuples" is one who possesses sufficiently and suitably according to the magnitude of the thing which the plaintiff demands to be restored.
§50.16.234.2Uerbum 'uiuere' quidam putant ad cibum pertinere: sed Ofilius ad Atticun ait his uerbis et uestimenta et stramenta contineri, sine his enim uiuere neminem posse.
Some think that the word "uiuere" relates to food; but Ofilius, in his book addressed to Atticus, says that both clothing and bedding are contained in this word, for without these no one can live.

Notes

  1. 50.16.234.prper eam adiectionem — The noun "adiectio" means "addition". Here it refers to the morphological structure of the word "perduelles", which has the element of war ("duellum" / "bellum") added to it, unlike the simpler "hostis".
  2. 50.16.234.1satis idonee habet — The verb "habere" is either used intransitively with the adverb "idonee" to mean "to be in a certain state," or transitively with an implied object such as "property" or "means." It means that the defendant has sufficient financial capability to meet the value of the property claimed by the plaintiff.
  3. 50.16.234.2ad Atticun — A scribal error or variant for the accusative "ad Atticum" (addressed to Atticus). It refers to a treatise or letter addressed to Atticus by the jurist Ofilius.

Cite this passage

Justinian I, The Digest of Justinian §50.16.234.pr-50.16.234.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.234.pr-50.16.234.2

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