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Justinian I · The Digest of Justinian §33.10.5.pr-33.10.5.1

Classification of Chair and Carriage Coverings

Passage 5127 of 9271 · Latin

Summary

The passage explains the prevailing legal opinions on whether tapestries used to cover easy chairs belong to clothing or household goods, and whether tapestries and linens used on vehicles belong to household goods or travel equipment.

[IDEM libro quarto ad Sabinum. ] §33.10.5.prDe tapetis quaeri potest, subsellia cathedraria quibus insterni solent utrum in ueste sint, sicut stragula, an in suppellectili, sicut toralia, quae propria stragulorum non sunt.
[THE SAME in his fourth book On Sabinus.] Concerning tapestries, with which the seats of easy chairs are accustomed to be covered, it can be asked whether they belong to clothing, like blankets, or to household goods, like valances, which do not strictly belong to blankets.
et hoc magis placuit ea supellectili contineri.
And the view has rather prevailed that they are contained in household goods.
§33.10.5.1De tapetis autem uel linteis, quibus insternuntur uehicula, dubitari potest, an sint in suppellectili.
Concerning, however, the tapestries or linens with which vehicles are covered, it can be doubted whether they belong to household goods.
sed dicendum est potius instrumenti uiatorii ea esse, sicut pelles, quibus inuoluuntur uestimenta, lora quoque, quibus hae pelles constringi solent.
But it should rather be said that they belong to travel equipment, just like the skins in which garments are wrapped, and also the straps with which these skins are accustomed to be bound.

Notes

  1. 33.10.5.prDe tapetis quaeri potest, subsellia cathedraria quibus insterni solent utrum in ueste sint — The relative pronoun quibus is an ablative of means referring back to tapetis, and the relative clause (quibus... solent) has subsellia cathedraria as its subject. The clause utrum... an... introduces an indirect question explaining the subject of the passive infinitive quaeri in the impersonal construction quaeri potest.
  2. 33.10.5.pret hoc magis placuit — placuit is an impersonal verb indicating a legal decision or consensus among jurists. hoc serves as the subject pointing forward to (or summarizing) the accusative with infinitive clause (ea supellectili contineri). ea is the accusative neuter plural referring to tapeta.
  3. 33.10.5.1instrumenti uiatorii ea esse — instrumenti uiatorii is a genitive of possession/belonging, functioning as the predicate of the accusative with infinitive clause (ea esse) dependent on dicendum est. It indicates that ea (neuter plural accusative referring to tapeta uel lintea) belongs to the category of travel equipment.

Cite this passage

Justinian I, The Digest of Justinian §33.10.5.pr-33.10.5.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.10.5.pr-33.10.5.1

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