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Justinian I · The Digest of Justinian §50.16.235.pr-50.16.235.1

Definitions of Transport Verbs and Scope of Carpenters

Passage 9049 of 9271 · Latin

Summary

The author explains the legal distinctions in meaning between the verbs "to be carried," "to be transported," and "to be driven" based on the means of movement, and defines the scope of the term "carpenters."

[IDEM libro tertio ad legem duodecim tabularum. ] §50.16.235.prFerri' proprie dicimus, quae quis suo corpore baiulat: 'portari' ea, quae quis iumento secum ducit: 'agi' ea, quae animalia sunt. '
[THE SAME, in the third book on the Law of the Twelve Tables.] We strictly say that "to be carried" is used of those things which one bears on one's own body; "to be transported" of those which one leads with oneself by means of a beast of burden; "to be driven" of those which are animals.
§50.16.235.1Fabros tignarios' dicimus non eos dumtaxat, qui tigna dolarent, sed omnes qui aedificarent.
We call "carpenters" not only those who hew timber, but all those who build.

Notes

  1. §50.16.235.prFerri' proprie dicimus, quae quis suo corpore baiulat — In the accusative-and-infinitive construction dependent on dicimus, the accusative demonstrative pronoun (ea) serving as the subject of the infinitive ferri is omitted, and is modified by the relative clause quae ... baiulat. The structure is 'we say that [the things] which one carries on one's body, are carried (ferri)'.
  2. §50.16.235.1qui tigna dolarent — Although the main verb dicimus is in the present tense, the subjunctive imperfect dolarent (and aedificarent) is used in the relative clauses because it retrospectively refers to the provisions of the Twelve Tables (an ancient source of law) or the intent of its framers, triggering the secondary sequence of tenses.

Cite this passage

Justinian I, The Digest of Justinian §50.16.235.pr-50.16.235.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.235.pr-50.16.235.1

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