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Justinian I · The Digest of Justinian §33.10.3.pr-33.10.3.5

Specific and Luxury Items Included in Household Goods

Passage 5125 of 9271 · Latin

Summary

Paulus lists specific items included in a bequest of household goods, discussing the treatment of storage furniture designed for particular purposes, the classification of high-value glass and metal vessels, and the handling of silver plate.

[PAULUS libro quarto ad Sabinum. ] §33.10.3.prSuppellectili legata haec continentur: mensae, trapezophora, delficae, subsellia, scamna, lecti etiam inargentati, culcitae, toralia, imperia, uasa aquaria, pelues, aquiminalia, candelabra, lucernae, trulla, §33.10.3.1Item uasa aenea uulgaria, id est quae non proprie essent loco adtributa: §33.10.3.2Praeterea capsae, armaria.
[PAULUS in the fourth book On Sabinus.] When household goods are bequeathed, the following are contained therein: tables, table-stands, Delphic three-legged tables, benches, stools, couches (even silver-plated ones), cushions, bedspreads, braziers, water vessels, basins, ewers, candelabra, lamps, ladles, likewise common bronze vessels, that is, those which were not properly assigned to a particular place: furthermore, chests and cupboards.
sed sunt qui recte putant capsas et armaria, si librorum aut uestium aut armamentorum gratia parata sint, non esse in suppellectili, quia ne hae quidem ipsae res, quibus adtributae essent, suppellectilis instrumento cederent.
But there are those who rightly think that chests and cupboards, if they were provided for the sake of books, clothes, or armor, are not included in household goods, because not even those very things to which they were assigned would fall under the equipment of household goods.
§33.10.3.3Uitrea escaria et potoria in supellectili sunt sic ut fictilia, nec solum uulgaria, sed etiam quae in pretio magno sunt: nam et pelues argenteas et aquiminalia argentea et mensas et lectos inargentatos uel inauratos atque gemmatos in supellectili esse non dubitatur, usque adeo, ut idem iuris sit et si tota argentea uel aurea sint.
Glassware for eating and drinking are included in household goods just like earthenware, and not only common ones, but also those which are of great value; for there is no doubt that silver basins, silver ewers, tables, and couches plated with silver or gold and adorned with gems, are included in household goods, to such an extent that the same rule of law applies even if they are entirely made of silver or gold.
§33.10.3.4De murrinis et crystallinis dubitari potest an debeant adnumerari supellectili propter eximium usum et pretium: sed et de his idem dicendum est, §33.10.3.5Nec interest, cuius materiae sunt res, quae sunt in suppellectili.
Concerning murrhine and crystal vessels, it can be doubted whether they ought to be numbered among household goods on account of their exceptional use and price; but the same must be said concerning these also, and it is of no consequence of what material the things are which are in the household goods.
sed craterem argenteum non esse in supellectili nec ullum uas argenteum secundum saeculi seueritatem nondum admittentis supellectilem argenteam hodie, propter usum imperitorum si in argento relatum sit candelabrum argenteum, argenti esse uidetur, et error ius facit.
But [it was held] that a silver mixing bowl is not in the household goods, nor any silver vessel, according to the severity of an age that did not yet admit silver household goods; today, on account of the practice of unlearned persons, if a silver candelabrum has been catalogued under the category of silver plate, it is held to belong to the silver plate, and error makes law.

Notes

  1. §33.10.3.prSuppellectili legata — An ablative absolute construction consisting of the ablative singular feminine of the third-declension noun suppellex (household goods) and the perfect passive participle ablative feminine singular legata of legare (to bequeath). It translates to "when household goods are bequeathed."
  2. §33.10.3.2non esse in suppellectili — An accusative with infinitive (AcI) construction dependent on putant (they think), with the preceding accusatives capsas et armaria (chests and cupboards) serving as its subject.
  3. §33.10.3.2suppellectilis instrumento cederent — cederent (imperfect subjunctive) here means 'to yield to' or 'to be counted as part of', taking the dative instrumento (equipment, appurtenances), which is modified by the genitive suppellectilis. The subjunctive is used because it is in a subordinate clause (introduced by quia) in indirect speech depending on putant.
  4. §33.10.3.3usque adeo, ut idem iuris sit — usque adeo, ut introduces a consecutive (result) clause. iuris is a partitive genitive depending on the neuter singular pronoun idem, literally meaning 'the same of law' (i.e., 'the same rule of law').
  5. §33.10.3.5sed craterem argenteum non esse in suppellectili — The accusative and infinitive clause craterem... non esse lacks an explicit governing verb of saying or thinking in the immediate clause, functioning as an independent indirect statement representing a traditional juristic opinion (contrasted with the modern view introduced by hodie).
  6. §33.10.3.5saeculi seueritatem nondum admittentis — The preposition secundum (according to) governs the accusative seueritatem (severity), which is modified by the genitive saeculi (age). The present participle admittentis is genitive singular, agreeing with saeculi ('of an age not yet admitting...').

Cite this passage

Justinian I, The Digest of Justinian §33.10.3.pr-33.10.3.5. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.10.3.pr-33.10.3.5

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