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Justinian I · The Digest of Justinian §34.2.21.pr-34.2.21.2

Scope of Drinking and Dining Silver and Legacy of Unguents

Passage 5181 of 9271 · Latin

Summary

This text discusses whether snow-strainers and other items are included in silver for drinking, the scope of bequeathed perfumes, and the ruling that a water-basin belongs to silver for eating.

[POMPONIUS libro sexto ad Sabinum. ] §34.2.21.prIn argento potorio utrum id dumtaxat sit, in quo bibi possit, an etiam id, quod ad praeparationem bibendi comparatum est, ueluti colum niuarium et urceoli, dubitari potest.
[POMPONIUS, in his sixth book on Sabinus.] Regarding silver for drinking, it can be doubted whether it means only that in which one can drink, or also that which has been prepared for the preparation of drinking, such as a snow-strainer and small pitchers.
sed propius est, ut haec quoque insint.
But it is more correct to hold that these also are included.
§34.2.21.1Unguentis legatis non tantum ea legata uidentur, quibus unguimur uoluptatis causa, sed et ualetudinis, qualia sunt commagena glaucina crina rosa muracolum nardum purum: hoc quidem etiam quo elegantiores sint et mundiores, unguuntur feminae.
When perfumes are bequeathed, not only those with which we are anointed for the sake of pleasure seem to be bequeathed, but also those for the sake of health, such as Commagene oil, celandine oil, lily oil, rose oil, myracolum, and pure nard: indeed, women are anointed with these also in order to be more elegant and cleaner.
§34.2.21.2Sed de aquiminario Cassius ait consultum se respondisse, cum alteri argentum potorium, alteri escarium legatum esset, escario cedere.
But regarding the water-basin, Cassius says that, when silver for drinking was bequeathed to one person and silver for eating to another, he replied to a consultation that it belonged to the silver for eating.

Notes

  1. 34.2.21.prpropius est — propius is the neuter singular nominative of the comparative adjective propior (nearer), used impersonally in the phrase propius est ("it is nearer [to the truth/proper interpretation]"). The ut clause with the subjunctive (haec quoque insint) serves as its subject.
  2. 34.2.21.1quo elegantiores — In a purpose clause containing a comparative (elegantiores and mundiores), the conjunction quo (derived from the ablative of the relative pronoun) is used instead of ut. The phrase quo ... sint expresses the purpose: "so that they may be more elegant and cleaner."
  3. 34.2.21.2consultum se respondisse — An accusative with infinitive construction (indirect speech) dependent on the verb ait ("says"). se is the reflexive pronoun in the accusative referring to the subject of the main clause (Cassius), serving as the subject accusative of the infinitive respondisse. consultum is the perfect passive participle (accusative masculine singular) of consulo agreeing with se, meaning "he, having been consulted."

Cite this passage

Justinian I, The Digest of Justinian §34.2.21.pr-34.2.21.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.2.21.pr-34.2.21.2

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