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Justinian I · The Digest of Justinian §50.16.242.pr-50.16.242.4

Definitions of Ship and Building Parts and Husbandless Women

Passage 9056 of 9271 · Latin

Summary

Labeo's definitions and opinions regarding whether a mast and topsail are parts of a ship, the difference between projecting and inserted architectural elements, the classification of lead on roofs, the definition and etymology of "husbandless woman," and the status of removable floorings.

[IAUOLENUS libro secundo ex posterioribus Labeonis. ] §50.16.242.prMalum nauis esse partem, artemonem autem non esse Labeo ait, quia pleraeque naues sine malo inutiles essent, ideoque pars nauis habetur: artemo autem magis adiectamento quam pars nauis est.
[From the second book of Labeo's posthumous works by Javolenus.] Labeo says that a mast is a part of a ship, but a topsail is not, because most ships would be useless without a mast, and therefore it is considered a part of the ship; but a topsail is more of an addition than a part of the ship.
§50.16.242.1Inter 'proiectum' et 'immissum' hoc interesse ait Labeo, quod proiectum esset id quod ita proueheretur ut nusquam requiesceret, qualia maeniana et suggrundae essent: immissum autem, quod ita fieret, ut aliquo loco requiesceret, ueluti tigna trabes quae inmitteretur.
Labeo says that there is this difference between a 'projected object' and an 'inserted object': a projected object is that which is extended forward in such a way that it rests nowhere, such as balconies and eaves; whereas an inserted object is that which is constructed in such a way that it rests on some place, such as small beams or large beams that are inserted.
§50.16.242.2Plumbum, quod tegulis poneretur, aedificii esse ait Labeo: sed id, quod hypaethri tegendi causa poneretur, contra esse. '
Labeo says that lead which is placed on tiles belongs to the building; but that which is placed for the purpose of covering an open-air area is the opposite.
§50.16.242.3Uiduam' non solum eam, quae aliquando nupta fuisset, sed eam quoque mulierem, quae uirum non habuisset, appellari ait Labeo: quia uidua sic dicta est quasi uecors, uesanus, qui sine corde aut sanitate esset: similiter uiduam dictam esse sine duitate.
Labeo says that a 'husbandless woman' refers not only to a woman who had once been married, but also to a woman who has never had a husband; because a husbandless woman is so called in the same manner as 'senseless' or 'insane', which mean one who is without a heart or sanity; similarly, 'husbandless' is said as being without 'twoness'.
§50.16.242.4Straturam loci alicuius ex tabulis factis, quae aestate tollerentur et hieme ponerentur, aedium esse ait Labeo, quoniam perpetui usus paratae essent: neque ad rem pertinere, quod interim tollerentur.
Labeo says that a flooring of some place made of planks, which is removed in summer and laid down in winter, belongs to the house, since it is prepared for permanent use; nor does it matter that it is temporarily removed.

Notes

  1. 50.16.242.prartemonem — The grammatical structure depends on Labeo's indirect speech (A.C.I. governed by Labeo ait). The distinction between a 'part' (pars) and an 'addition' (adiectamentum) is legally significant for determining what is sold with a ship.
  2. 50.16.242.1quod proiectum esset — The quod clause functions as an appositive noun clause explaining the demonstrative pronoun hoc ("this difference") in the main clause.
  3. 50.16.242.3sine duitate — An ancient folk etymology. The prefix ui- in uidua is explained as equivalent to ve- (negative/separative prefix) or sine (without), interpreting the word as being without 'twoness' (duitas), i.e., lacking a partner. Grammatically, uiduam is the subject accusative of the infinitive dictam esse.
  4. 50.16.242.4quoniam perpetui usus paratae essent — paratae essent is feminine plural, agreeing grammatically with the feminine plural tabulis (planks) rather than the singular subject of the main clause straturam (flooring), or referring to the planks themselves that constitute the flooring. perpetui usus is a genitive of description (quality).

Cite this passage

Justinian I, The Digest of Justinian §50.16.242.pr-50.16.242.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.242.pr-50.16.242.4

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