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Justinian I · The Digest of Justinian §34.2.26.pr

Distinction Between Clothing and Ornaments by Original Purpose

Passage 5186 of 9271 · Latin

Summary

Paulus discusses the distinction between items of clothing used for ornament and ornaments that also cover the body, explaining that the primary name and original purpose of the item determine its classification.

[PAULUS libro undecimo ad Sabinum. ] §34.2.26.prQuamuis quaedam ex ueste magis ornatus gratia, quam quo corpus tegant, comparentur, tamen quod eo nomine sint reperta, potius habenda esse uestis mumero quam ornamentorum.
[PAULUS, in his eleventh book on Sabinus.] Although certain of the things belonging to clothing are prepared more for the sake of ornament than for covering the body, nevertheless, because they were devised under that name, they must be held to belong to the category of clothing rather than of ornaments.
similiter ornamentorum esse constat, quibus uti mulieres uenustatis et ornatus causa coeperunt, neque referre, si quaedam eorum alium quoque usum praebeant, sicuti mitrae et anademata: quamuis enim corpus tegant, tamen ornamentorum, non uestis esse.
Similarly, it is established that those things which women began to use for the sake of elegance and ornament belong to ornaments, and it does not matter if some of them also provide another use, such as turbans and headbands; for although they cover the body, nevertheless they belong to ornaments, not to clothing.

Notes

  1. 34.2.26.prex ueste — The prepositional phrase "ex ueste" means "out of those things classified as clothing," referring to items that derive from the general category of clothing but are used primarily for decorative purposes.
  2. 34.2.26.pruestis mumero quam ornamentorum — "mumero" is a scribal error for "numero" (ablative). "uestis" is a genitive singular modifying "numero", and "ornamentorum" is a genitive plural modifying the omitted "numero". This forms a parallel structure: "to be held in the category of clothing rather than of ornaments."
  3. 34.2.26.prneque referre — An infinitive of the impersonal verb "refert" ("referre"), continuing the indirect speech dependent on "constat". It takes the "si" clause as its subject clause ("it does not matter if...").
  4. 34.2.26.prornamentorum, non uestis esse — "ornamentorum" (genitive plural) and "uestis" (genitive singular) are genitives of possession/belonging used with the copula "esse", meaning "to belong to [the category of] ornaments, not of clothing."

Cite this passage

Justinian I, The Digest of Justinian §34.2.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.2.26.pr

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