De via publica et si quid in ea factum esse dicatur
(Concerning the edict which has reference to public streets and anything done therein.)
1 Ἐκ τοῦ ἀστυνομικοῦ μονοβίβλου τοῦ Παπινιανοῦ. Οἱ ἀστυνομικοὶ ἐπιμελείσθωσαν τῶν κατὰ τὴν πόλιν ὁδῶν, ὅπως ἂν ὁμαλισθῶσιν καὶ τὰ ῥεύματα μὴ βλάπτῃ τὰς οἰκίας καὶ γέφυραι ὦσιν οὗ ἂν δέῃ. 1Ἐπιμελείσθωσαν δὲ ὅπως οἱ ἴδιοι τοῖχοι ἢ τῶν ἄλλων ἢ τῶν περὶ τὰς οἰκίας ἃ εἰς τὴν ὁδὸν φέρει μὴ σφαλερὰ ᾖ, ἵνα ὡς δεῖ καθαιρῶσιν οἱ δεσπόται τῶν οἰκιῶν καὶ ἐπισκευάζωσιν. ἐὰν δὲ μὴ καθαιρῶσιν μηδὲ ἐπισκευάζωσιν, ζημιούτωσαν αὐτούς, ἕως ἂν ἀσφαλῆ ποιήσωσιν. 2Ἐπιμελείσθωσαν δὲ ὅπως μηδεὶς ὀρύσσῃ τὰς ὁδοὺς μηδὲ χωννύῃ μηδὲ κτίσῃ εἰς τὰς ὁδοὺς μηδέν· εἰ δὲ μή, ὁ μὲν δοῦλος ὑπὸ τοῦ ἐντυχόντος μαστιγούσθω, ὁ δὲ ἐλεύθερος ἐνδεικνύσθω τοῖς ἀστυνόμοις, οἱ δὲ ἀστυνόμοι ζημιούτωσαν κατὰ τὸν νόμον καὶ τὸ γεγονὸς καταλυέτωσαν. 3Ἐπισκευάζειν δὲ τὰς ὁδοὺς τὰς δημοσίας κατὰ τὴν ἑαυτοῦ οἰκίαν ἕκαστον καὶ τὰς ὑδρορρόας ἐκκαθαίρειν τὰς ἐκ τοῦ ὑπαιθρίου καὶ ἐπισκευάζειν οὕτως, ὡς ἂν μὴ κωλύῃ ἅμαξαν ἐπιέναι. ὅσοι δὲ μισθωσάμενοι οἰκοῦσιν, ἐὰν μὴ ἐπισκευάσῃ ὁ δεσπότης, αὐτοὶ ἐπισκευάσαντες ὑπολογιζέσθωσαν τὸ ἀνάλωμα κατὰ τὸν μισθόν. 4Ἐπιμελείσθωσαν δὲ καὶ ὅπως πρὸ τῶν ἐργαστηρίων μηδὲν προκείμενον ᾖ, πλὴν ἐὰν κναφεὺς ἱμάτια ψύγῃ ἢ τέκτων τροχοὺς ἔξω τιθῇ· τιθέσθωσαν δὲ καὶ οὗτοι, ὥστε μὴ κωλύειν ἅμαξαν βαδίζειν. 5Μὴ ἐάτωσαν δὲ μηδὲ μάχεσθαι ἐν ταῖς ὁδοῖς μηδὲ κόπρον ἐκβάλλειν μηδὲ νεκρὰ μηδὲ δέρματα ῥίπτειν.
1 Papinianus, On the Duties of the Mdiles. The Ediles should see that the streets of cities are kept in order, that the overflow of water does not injure houses, and that bridges are constructed wherever this is necessary. 1They should also see that the walls of the city, as well as those of others, and especially such as face the street, are not in bad condition, but should require the owners of the same to repair and rebuild them. If, however, the latter fail to repair or rebuild them, they should fine them until they do so. 2They should also see that no one digs holes in the streets or undermines them, or builds anything in them. If a slave does anything of this kind, he can be beaten by any passerby; if he is proved to be a freeman before the Ædiles, they can fine him in accordance with law, and demolish whatever he has built. 3Every person must construct the public street in front of his own house, clean the gutters which are exposed, that is to say, open to the sky, and keep the street in such a condition that a vehicle will not be prevented from traversing it. Those who rent the houses must build the street, if the owner does not do so, and they can deduct the expense from the rent. 4The Ediles shall also see that nothing is allowed to project in front of the shops, unless where a fuller desires to dry clothing, or a carriage-maker places his work outside; but, in these instances, whatever they do must not interfere with the passage of vehicles. 5The Ediles must not permit any quarreling to take place in the streets, nor any filth, dead animals, or skins to be thrown into them.