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Justinian I · The Digest of Justinian §50.16.30.pr-50.16.30.5

Definitions of Agricultural and Forestry Terms

Passage 8844 of 9271 · Latin

Summary

Gaius defines various agricultural and forestry terms, including copse-wood, uncollected stubble, fallow land, untouched land, fallen mast, and pasture-land wood.

[GAIUS libro septimo ad edictum prouinciale. ] §50.16.30.prSilua caedua' est, ut quidam putant, quae in hoc habetur, ut caederetur.
[GAIUS, in the seventh book on the Provincial Edict.] 'Copse-wood' is, as some think, that which is kept for the purpose of being cut.
Seruius eam esse, quae succisa rursus ex stirpibus aut radicibus renascitur. '
Servius says that it is that which, when cut down, grows again from the stumps or roots.
§50.16.30.1Stipula illecta' est spicae in messe deiectae necdum lectae, quas rustici cum uacauerint colligunt. '
'Uncollected stubble' means ears of grain dropped in the harvest and not yet gathered, which the rustics collect when they have leisure.
§50.16.30.2Noualis' est terra praecisa, quae anno cessauit, quam Graeci νέασιν uocant. ' §50.16.30.3Integra' autem est, in quam nondum dominus pascendi gratia pecus immisit. '
'Fallow land' is land that has been plowed up, which has rested for a year, which the Greeks call 'neasin.' 'Untouched' land, however, is that into which the owner has not yet turned his cattle for the purpose of pasturing.
§50.16.30.4Glans caduca' est, quae ex arbore cecidit. '
'Fallen mast' is that which has fallen from the tree.
§50.16.30.5Pascua silua' est, quae pastui pecudum destinata est.
'Pasture-land wood' is that which is designated for the pasturing of cattle.

Notes

  1. §50.16.30.prcaederetur — The imperfect subjunctive caederetur is used despite the main verb habetur being in the present tense. This reflects an irregular sequence of tenses in legal Latin to express a past intention or a continuous destined state ('it was destined to be cut'), or to describe a purpose conceived prior to the current state.
  2. §50.16.30.prSeruius eam esse — An accusative with infinitive construction (eam esse...) where the governing verb of speaking or thinking (such as putat or ait) is omitted. It is understood as indirect speech by supplying a verb of thinking from the preceding ut quidam putant.
  3. §50.16.30.2terra praecisa — The word praecisa is the perfect participle of praecidere (to cut off, demarcate, or plow beforehand). Here it refers to land that has been 'demarcated' or 'plowed in advance' for the purpose of fallowing.
  4. §50.16.30.3Integra — A feminine singular adjective, where the noun terra from the preceding sentence is understood as the subject: 'untouched (land)'.

Cite this passage

Justinian I, The Digest of Justinian §50.16.30.pr-50.16.30.5. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.30.pr-50.16.30.5

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