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Justinian I · The Digest of Justinian §50.16.96.pr-50.16.96.1

Definition of Shore and Meaning of Lands of Certain Men

Passage 8910 of 9271 · Latin

Summary

Celsus states that the definition of the shore originates from Cicero, and explains that the expression "estates of certain people" refers not only to common ownership but also to cases where individuals own separate properties.

[CELSUS libro uicensimo quinto digestorum. ] §50.16.96.prLitus est, quousque maximus fluctus a mari peruenit: idque Marcum Tullium aiunt, cum arbiter esset, primum constituisse.
[CELSUS, Digests, book 25.] The shore is as far as the greatest wave from the sea reaches; and they say that Marcus Tullius first established this when he was an arbiter.
§50.16.96.1Praedia dicimus aliquorum esse non utique communiter habentium ea, sed uel alio aliud habente.
We say that estates belong to certain people, not necessarily when they hold them in common, but even when one holds one and another holds another.

Notes

  1. §50.16.96.prMarcum Tullium ... primum constituisse — An accusative with infinitive construction introduced by the verb aiunt (they say). The accusative Marcum Tullium serves as the logical subject of the infinitive constituisse. The inserted clause cum arbiter esset is a historical/circumstantial cum clause with the imperfect subjunctive.
  2. §50.16.96.1alio aliud habente — An ablative absolute construction. The singular ablative pronoun alio serves as the logical subject of the present participle habente, while the accusative neuter singular aliud acts as its object. This is an ablative absolute usage of the idiomatic expression showing contrast among multiple subjects: "one holding one thing, another another."

Cite this passage

Justinian I, The Digest of Justinian §50.16.96.pr-50.16.96.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.96.pr-50.16.96.1

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