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Justinian I · The Digest of Justinian §32.0.67.pr

Scope of Animals in Legacy of Pasture and Its Stock

Passage 4891 of 9271 · Latin

Summary

When a summer pasture and the things accustomed to be there are bequeathed, it is construed to include only those animals permanently kept there, rather than transhumant herds.

[MARCIANUS libro septimo institutionum. ] §32.0.67.prQui saltum aestiuum legauit et hoc amplius etiam eas res legauerit, quae ibi esse solent, non uidetur de illis pecoribus sensisse, quae hieme in hibernis aut aestate in aestiuis esse solent, sed de illis sensit, quae perpetuo ibi sunt.
[MARCIANUS, from his seventh book of Institutes.] He who has bequeathed a summer pasture, and in addition has also bequeathed those things which are accustomed to be there, is not deemed to have meant those herds which are accustomed to be in winter quarters in winter or in summer quarters in summer, but he meant those which are permanently there.

Notes

  1. §32.0.67.prhoc amplius — A combination of the neuter accusative singular pronoun `hoc` and the comparative adverb `amplius`, functioning idiomatically as "furthermore" or "in addition."
  2. §32.0.67.prsensisse — Perfect infinitive of the verb `sentire`. Used here with the preposition `de` (+ ablative) to mean "to intend" or "to have in mind." It functions as a complementary infinitive with the passive verb `uidetur` ("is deemed"), sharing the same logical subject, which is the implied antecedent of the relative clause beginning with `Qui...`.

Cite this passage

Justinian I, The Digest of Justinian §32.0.67.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.67.pr

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