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Justinian I · The Digest of Justinian §50.16.3.pr-50.16.3.1

Calculation of Travel Days and Captives' Inheritance

Passage 8817 of 9271 · Latin

Summary

Explains the rule for calculating travel distance where any remaining fraction of a day's journey counts as a full day (only when there is no agreement), and states that an inheritance cannot be claimed for someone who died in enemy captivity since they died as a slave.

[ULPIANUS libro secundo ad edictum. ] §50.16.3.prItinere faciendo uiginti milia passuum in dies singulos peragenda' sic sunt accipienda, ut, si post hanc dinumerationem minus quam uiginti milia supersint, integrum diem occupent.
[Ulpian, in the second book on the Edict.] The phrase 'twenty miles to be completed each day in making a journey' is to be understood in such a way that, if after this calculation less than twenty miles remain, they occupy an entire day.
ueluti uiginti unum milia sunt passus: biduum eis adtribuetur.
For example, if there are twenty-one miles, two days will be allotted to them.
quae dinumeratio ita demum facienda erit, si de die non conueniat.
This calculation will only have to be made if there is no agreement regarding the day.
§50.16.3.1Eius, qui apud hostes decessit, dici hereditas non potest, quia seruus decessit.
It cannot be said that there is an 'inheritance' of him who died in the hands of the enemy, because he died a slave.

Notes

  1. §50.16.3.pritinere faciendo — A gerundive construction in the ablative case, expressing the circumstance or context of 'making a journey.'
  2. §50.16.3.prita demum... si — A construction expressing a strict restrictive condition, meaning 'only if...' or 'only on condition that...' The combination of ita (thus) and demum (at last, finally) emphasizes that the following si clause is the sole necessary condition.
  3. §50.16.3.1seruus decessit — The noun seruus (slave) functions as a predicative nominative to the subject of the verb decessit (he died), meaning 'he died [as] a slave.'

Cite this passage

Justinian I, The Digest of Justinian §50.16.3.pr-50.16.3.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.3.pr-50.16.3.1

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