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Justinian I · The Digest of Justinian §32.0.61.pr

Bequest of Weavers and Reassignment as Doorkeeper

Passage 4885 of 9271 · Latin

Summary

On the question of whether a slave, originally a weaver but later appointed as a doorkeeper, is included in a bequest of all weavers owned by the deceased, it is answered that he is included because he was only transferred to another use, not another craft.

[IDEM libro octauo digestorum a PAULO epitomatorum. ] §32.0.61.prTextoribus omnibus, qui sui essent cum moreretur, legatis quaesitum est, an et is, quem postea ex his ostiarium fecisset, legato contineretur.
[THE SAME, from the eighth book of the Digests epitomized by PAULUS.] When all the weavers who were his when he died had been bequeathed, it was asked whether he also, whom he had afterwards made a doorkeeper from among them, was contained in the bequest.
respondit contineri: non enim ad aliud artificium, sed ad alium usum transductum esse.
He answered that he was contained; for he had not been transferred to another craft, but to another use.

Notes

  1. §32.0.61.prTextoribus... legatis — An ablative absolute construction, translated as "when all the weavers ... had been bequeathed."
  2. §32.0.61.prsui essent — sui is the masculine plural of the possessive pronoun suus, meaning here "belonging to him" (i.e., his slaves). The imperfect subjunctive essent is used in the relative clause to express the subjective condition or definition of the testator.
  3. §32.0.61.prcontineri — An accusative with infinitive construction (indirect speech) dependent on responded, with the subject accusative eum (referring to the antecedent is in the preceding clause) omitted. The subsequent transductum esse is likewise an infinitive phrase with the same omitted subject.

Cite this passage

Justinian I, The Digest of Justinian §32.0.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.61.pr

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