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Justinian I · The Digest of Justinian §33.1.20.pr-33.1.20.1

Continuance of Annuities upon Death and to Successors

Passage 4947 of 9271 · Latin

Summary

This passage discusses whether an annual allowance conditioned on living with the testator's mother continues after her death, and whether a yearly fideicommissum to temple officials is due to their successors and must be paid in perpetuity.

[IDEM libro octauo decimo digestorum. ] §33.1.20.prAnnua his uerbis legauit: 'si morarentur cum. matre mea, quam heredem ex parte institui': quaesitum est, an mortua matre condicio adposita defecisse uideatur ac per hoc neque cibaria neque uestiaria his debeantur.
[The same, in the eighteenth book of his Digests.] He bequeathed annual allowances in these words: "if they should live with my mother, whom I have appointed heir to a share." It was asked whether, upon the death of the mother, the condition attached is considered to have failed, and thereby neither food nor clothing are due to them.
respondit secundum ea quae proponerentur deberi.
He answered that, according to the facts submitted, they are due.
§33.1.20.1Attia fideicommissum his uerbis reliquit: 'quisquis mihi hores erit, fidei eius committo, uti det ex reditu cenaculi mei et horrei post obitum sacerdoti et hierophylaco et libertis, qui in illo templo erunt, denaria decem die nundinarum, quas ibi posui'. quaero, utrum his dumtaxat, qui eo tempore quo legabatur in rebus humanis et in eo officio fuerint, debitum sit, an etiam his qui in loco eorum successerunt.
Attia left a fideicommissum in these words: "whoever shall be my heir, I commit to his good faith that, after my death, he give from the income of my garret and storehouse to the priest, the temple-keeper, and the freedmen who shall be in that temple, ten denarii on the market day which I have established there." I ask whether this is due only to those who, at the time the legacy was made, were among the living and in that office, or also to those who succeeded to their place.
respondit secundum ea quae proponerentur ministerium nominatorum designatum, ceterum datum templo.
He answered that, according to the facts submitted, the service of the named persons was designated, but otherwise it was given to the temple.
item quaero, utrum uno dumtaxat anno decem fideicommissi nomine debeantur an etiam in perpetuum decem annua praestanda sint.
I also ask whether the ten denarii by reason of the fideicommissum are due for only one year, or whether ten denarii are to be paid annually in perpetuity.
respondit in perpetuum.
He answered: in perpetuity.

Notes

  1. §33.1.20.prdefecisse — Perfect active infinitive of the verb deficere (to fail, to remain unfulfilled). It functions as the complement of uideatur in indirect speech within an indirect question. The legal issue is whether the condition of cohabitation fails when the mother's death makes it impossible to fulfill.
  2. §33.1.20.1hores — An alternative spelling (or scribal error) for heres (heir). It may reflect phonetic confusion between e and o in later or vulgar Latin, but it is to be understood as equivalent to heres in this context.
  3. §33.1.20.1quas — Relative pronoun in the feminine accusative plural. Its antecedent is not the immediately preceding die (which is ablative singular), but the genitive nundinarum (feminine plural, meaning 'market days' or 'market'). Thus, it means 'the market days which I established there.'
  4. §33.1.20.1ministerium nominatorum designatum — An accusative-and-infinitive construction depending on respondit, with the infinitive esse omitted in both designatum [esse] and the contrasted datum [esse]. It is interpreted as: 'the service of the named persons was designated, but otherwise [the legacy] was given to the temple.'

Cite this passage

Justinian I, The Digest of Justinian §33.1.20.pr-33.1.20.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.1.20.pr-33.1.20.1

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