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Justinian I · The Digest of Justinian §33.7.17.pr-33.7.17.2

Scope of Equipment and Personnel in Specific Trades

Passage 5077 of 9271 · Latin

Summary

The definition of "equipment" in specific occupations or facilities, such as those of a painter, a fisherman, and a bathhouse, is explained along with concrete tools and human elements included therein.

[MARCIANUS libro septimo institutionum. ] §33.7.17.prItem pictoris instrumento legato cerae colores similiaque horum legato cedunt, item peniculi et cauteria et conchae.
[MARCIANUS in the seventh book of the Institutes.] Likewise, when the equipment of a painter is bequeathed, the wax, colors, and things similar to these go with the bequest, as do also the brushes, cauteries, and shells.
§33.7.17.1Instrumento piscatorio contineri Aristo ait naucellas, quae piscium capiendorum causa comparatae sunt: sed et piscatores contineri uerius est.
Aristo says that small boats which have been acquired for the purpose of catching fish are included in the fishing equipment; but it is more correct that the fishermen themselves are also included.
§33.7.17.2Instrumento balneatorio legato dictum est balneatorem sic instrumento contineri balneario, quomodo instrumento fundi saltuarium et topiarios, et instrumento cauponio institorem, cum balneae sine balneatoribus usum suum praebere non possint.
When the equipment of a bath is bequeathed, it has been said that the bath-keeper is included in the equipment of the bath in the same way as a forest-keeper and gardeners are included in the equipment of land, and a manager in the equipment of a tavern, since baths cannot provide their utility without bath-keepers.

Notes

  1. 33.7.17.prlegato — In the phrase "pictoris instrumento legato," "legato" is the ablative neuter singular of the participle "legatus" agreeing with "instrumento," forming an ablative absolute construction ("the equipment of a painter having been bequeathed"). On the other hand, in "legato cedunt," "legato" is the dative singular of the noun "legatum" (bequest), serving as the complement of the verb "cedere" ("to accrue to the bequest").
  2. 33.7.17.2balneatorem sic — This outlines the accusative with infinitive (AcI) construction introduced by "dictum est" ("it has been said"). The main infinitive clause is "balneatorem ... contineri balneario" ("that the bath-keeper is included in the equipment of the bath"). In the comparative clause introduced by "quomodo" ("just as"), the same infinitive "contineri" is ellipted in the two subsequent parallel components: namely, "[contineri] instrumento fundi saltuarium et topiarios" ("a forest-keeper and gardeners [are included] in the equipment of land") and "[contineri] instrumento cauponio institorem" ("a manager [is included] in the equipment of a tavern").

Cite this passage

Justinian I, The Digest of Justinian §33.7.17.pr-33.7.17.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.7.17.pr-33.7.17.2

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