Humanitext Reader

Justinian I · The Digest of Justinian §8.3.35.pr

Restoration of Water Rights After Resumption of a Dried Spring

Passage 1444 of 9271 · Latin

Summary

It quotes an imperial rescript that restores the right of conduit to users who had lost it not through their own negligence but because the spring had dried up.

[PAULUS libro quinto decimo ad Plautium. ] §8.3.35.pret Atilicinus ait Caesarem Statilio Tauro rescripsisse in haec uerba: 'Hi, qui ex fundo Sutrino aquam ducere soliti sunt, adierunt me proposueruntque aquam, qua per aliquot annos usi sunt ex fonte, qui est in fundo Sutrino, ducere non potuisse, quod fons exaruisset, et postea ex eo fonte aquam fluere coepisse: petieruntque a me, ut quod ius non neglegentia aut culpa sua amiserant, sed quia ducere non poterant, his restitueretur.
[PAULUS, On Plautius, Book 15] And Atilicinus says that Caesar replied to Statilius Taurus in these words: 'Those who were accustomed to lead water from the Sutrian estate approached me and set forth that they had been unable to lead the water, which they had used for some years from the spring on the Sutrian estate, because the spring had dried up, and that afterwards water had begun to flow from that spring; and they petitioned me that the right which they had lost, not through their own negligence or fault, but because they were unable to lead the water, should be restored to them.
quorum mihi postulatio cum non iniqua uisa sit, succurrendum his putaui.
Since their petition did not seem unfair to me, I thought they should be relieved.
itaque quod ius habuerunt tunc, cum primum ea aqua peruenire ad eos non potuit, id eis restitui placet. '
Therefore, it is my pleasure that the right which they had at the time when that water first could not reach them should be restored to them.'

Notes

  1. 8.3.35.prCaesarem Statilio Tauro rescripsisse in haec uerba — The accusative with infinitive construction `Caesarem ... rescripsisse` is used as the object of the verb of saying `ait`, followed by the actual text of the imperial reply introduced in direct speech ('in haec uerba').
  2. 8.3.35.prproposueruntque aquam ... ducere non potuisse — An accusative with infinitive clause functioning as the object of `proposuerunt`. The preceding `aquam` is not the subject accusative but the object of the infinitive `ducere`, modified by the relative clause `qua... usi sunt`.
  3. 8.3.35.prquorum mihi postulatio cum non iniqua uisa sit — `quorum` is a relative connection (connectio relativa) referring back to the petitioners (`Hi`). `cum` is a causal conjunction ('since') taking the subjunctive perfect `uisa sit`.
  4. 8.3.35.prid eis restitui placet — `placet` is used impersonally to express an official or legal decision ('it is my pleasure', 'it is decreed'). Its subject is the infinitive clause `id eis restitui` containing the passive infinitive `restitui`.

Cite this passage

Justinian I, The Digest of Justinian §8.3.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.3.35.pr

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