[MARCIANUS libro septimo institutionum. ] §32.0.65.prLegatis seruis exceptis negotiatoribus Labeo scripsit eos legato exceptos uideri, qui praepositi essent negotii exercendi causa, ueluti qui ad emendum locandum conducendum praepositi essent: cubicularios autem uel obsonatores uel eos, qui piscatoribus praepositi sunt, non uideri negotiationis appellatione contineri: et puto ueram esse Labeonis sententiam.
[MARCIANUS, from his seventh book of Institutes.] On the legacy of slaves with the exception of businessmen, Labeo wrote that those who had been appointed for the purpose of conducting business, such as those appointed for buying, leasing, or hiring, are deemed to be excepted from the legacy; but that chamberlains, caterers, or those appointed over fishermen, are not deemed to be contained under the term 'businessmen'. And I think Labeo's opinion is correct.
§32.0.65.1Si ex officio quis ad artificium transierit, quidam recte putant legatum exstingui, quia officium artificio mutatur: non idem e contrario cum lecticarius cocus postea factus est.
If anyone has passed from a duty to a trade, some rightly think that the legacy is extinguished, because the duty is changed by the trade; the same is not true in the reverse case, as when a litter-bearer has afterwards been made a cook.
§32.0.65.2Si unus seruus plura artificia sciat et alii coci legati fuerunt, alii textores, alii lecticarii, ei cedere seruum dicendum est, cui legati sunt in quo artificio plerumque uersabatur.
If a single slave knows several trades, and cooks have been bequeathed to some, weavers to others, and litter-bearers to others, it must be said that the slave accrues to the person to whom those slaves are bequeathed in whose trade he was chiefly employed.
§32.0.65.3Ornatricibus legatis Celsus scribsit eas, quae duos tantum menses apud magistrum fuerunt, legato non cedere, alii et has cedere, ne necesse sit nullam cedere, cum omnes adhuc discere possint et omne artificium incrementum recipit: quod magis optinere debet, quia humanae naturae congruum est.
When tire-women are bequeathed, Celsus wrote that those who have been with a master for only two months do not accrue to the legacy; but others think that these also accrue, lest it should be necessary that none accrue, since all can still learn and every trade admits of improvement; and this latter opinion ought rather to prevail, because it is congruent with human nature.
§32.0.65.4Pecoribus legatis Cassius scripsit quadrupedes contineri, quae gregatim pascuntur.
When cattle are bequeathed, Cassius wrote that quadrupeds which feed in herds are included.
et sues autem pecorum appellatione continentur, quia et hi gregatim pascuntur: sic denique et Homerus in Odyssia ait, Δῄεις τόν γε σύεσσι παρήμενον· αἳ δὲ νέμονται πὰρ Κόρακος πέτρῃ ἐπί τε κρήνῃ Ἀρεθογσῃ. §32.0.65.5Iumentis legatis boues non continentur nec contra.
And pigs also are contained under the term 'cattle', because they too feed in herds; thus finally Homer also says in the Odyssey: "You will find him sitting by the swine; and they pasture by the Rock of Korax and at the spring of Arethusa." When beasts of burden are bequeathed, oxen are not included, nor vice versa.
§32.0.65.6Equis autem legatis et equae continentur.
But when horses are bequeathed, mares are also included.
§32.0.65.7Quibus legatis agni non continentur: quamdiu autem agnorum loco sunt, ex usu cuiusque loci sumendum est: nam in quibusdam locis ouium numero esse uidentur, cum ad tonsuram uenerint.
When these (sheep) are bequeathed, lambs are not included; but how long they are in the position of lambs must be determined from the custom of each locality; for in some places they are considered to be of the number of sheep when they have come to the shearing.