[ULPIANUS libro uicesimo secundo ad Sabinum. ] §32.0.49.prItem legato continentur mancipia, puta lecticarii, qui solam matrem familias portabant.
[ULPIANUS, from the twenty-second book on Sabinus.] Likewise, the bequest includes slaves, for example, litter-bearers who used to carry only the mistress of the house.
item iumenta uel lectica uel sella uel burdones.
Likewise, beasts of burden, or a litter, or a chair, or mules.
item mancipia alia, puellae fortassis, quas sibi comatas mulieres exornants.
Likewise other slaves, perhaps girls, whom women adorn for themselves with long hair.
§32.0.49.1Sed et si forte uirilia ei quaedam donauerit, quodammodo eius causa parata uidebuntur.
But even if he should happen to have given her certain articles for men's use, they will in some way seem to have been prepared for her sake.
§32.0.49.2Proinde et si quaedam promiscui usus sint, solitus tamen fuerit ab ea quasi usum mutuari, dicendum erit ipsius causa uideri parata.
Accordingly, even if some things are of common use, yet if he was accustomed to borrow, as it were, the use of them from her, it must be said that they seem to have been prepared for her sake.
§32.0.49.3Item interest, ipsius causa parata sint ei legata an ipsius causa empta: paratis enim omnia continentur, quae ipsius usibus fuerunt destinata, empta uero ea sola, quae propter eam empta fecit maritus.
Likewise, there is a difference whether things prepared for her sake are bequeathed to her, or things bought for her sake; for under "things prepared" are included all things that were destined for her use, but under "things bought" only those which the husband bought for her.
unde non continebuntur emptis solis legatis, quae alia ratione pater familias adquisita ei destinauit: utroque autem legato continebuntur et quae maritus emi mandauerat uel quae emerat, necdum autem ei adsignauerat, adsignaturus si uixisset.
Hence, under a bequest of "things bought" alone, those things will not be included which the head of the household acquired in some other way and destined for her; but under either bequest will be included both those things which the husband had ordered to be bought, or which he had bought, but had not yet assigned to her, though he would have assigned them if he had lived.
§32.0.49.4Parui autem refert, uxori an concubinae quis leget, quae eius causa empta parata sunt: sane enim nisi dignitate nihil interest.
Moreover, it makes little difference whether one bequeaths to a wife or to a concubine what has been bought and prepared for her sake; for indeed there is no difference except in social standing.
§32.0.49.5Si uxori aurum, quod eius causa paratum est, legatum sit et postea sit conflatum, materia tamen maneat, ea ei debetur.
If gold, which was prepared for the wife's sake, is bequeathed to her, and it is afterwards melted down, yet if the material remains, it is due to her.
§32.0.49.6Sed ut legatum ualeat, mortis tempore uxorem esse debere Proculus scribsit et uerum est: separatio enim dissoluit legatum.
But for the bequest to be valid, Proculus wrote that she must be the wife at the time of death, and this is true; for separation dissolves the bequest.
§32.0.49.7Hoc legatum et filio et filiae relinqui potest: 'quae eius gratia parata sunt', et seruo seruaeque: et continebuntur quae ipsi sunt adtributa uel destinata.
This bequest ("things prepared for his or her sake") can also be left to a son and to a daughter, and to a male and female slave; and those things will be included which were assigned or destined for themselves.