Humanitext Reader

Justinian I · The Digest of Justinian §33.5.21.pr

Offspring and Usufruct of Slaves in Conditional Legacy

Passage 5040 of 9271 · Latin

Summary

Scaevola answers questions regarding a legacy of ten slaves conditional upon a daughter's marriage: specifically, whether the offspring born before the marriage belong to the daughter, and whether the usufruct of the slaves before the marriage belongs to the mother.

[SCAEUOLA libro uicesimo secundo digestorum. ] §33.5.21.prFilium et uxorem heredes scripsit, filiam exheredauit et ei legatum dedit, cum in familia nuberet, centum et, cum in familia nupserit, his uerbis: 'insuper arbitratu Semproniae matris eius mancipia decem, quae confestim post aditam hereditatem meam a Sempronia uxore mea eligi uolo: quae mancipia, cum in familiam nupserit, dari uolo.
[SCAEUOLA libro uicesimo secundo digestorum.] He designated his son and wife as heirs, disinherited his daughter, and gave her a legacy of one hundred when she should marry within the family, and when she had married within the family, in these words: 'In addition, ten slaves at the discretion of her mother Sempronia, whom I wish to be chosen by my wife Sempronia immediately after my inheritance has been entered upon; which slaves I wish to be given when she has married into the family.
et si antequam nupserit, aliquod ex mancipii decesserit, tunc in locum eius arbitratu Semproniae matris eius dari uolo, dum ad eam plenus numerus perueniat.
And if, before she marries, any of the slaves should die, then I wish another to be given in its place at the discretion of her mother Sempronia, until the full number reaches her.
quod si Sempronia mater eius non elegerit, tunc ipsa sibi quae uolet eligat'. quaesitum est, cum mater elegerit, an ea, quae ex his mancipiis ante nuptias adgnata sunt, ad puellam supra numerum decem mancipiorum pertineant.
But if her mother Sempronia does not make the choice, then let her choose for herself whichever she wishes.' It was asked, when the mother had chosen, whether those who were born of these slaves before the marriage belong to the girl in addition to the number of ten slaves.
respondit, cum mancipiorum legatum in tempus nuptiarum testator transtulit, id quod medio tempore ancillae enixae sunt ad filiam non pertinere.
He replied that, since the testator postponed the legacy of the slaves to the time of the marriage, that which the female slaves gave birth to in the intervening time does not belong to the daughter.
idem quaesiit, ante nuptias eorundem mancipiorum fructus et usus an ad Semproniam matrem pertineant.
The same person asked whether, before the marriage, the fruits and use of the same slaves belong to the mother Sempronia.
respondit nihil proponi, cur ad matrem pro solido pertineant.
He replied that no reason is presented why they should belong to the mother in full.

Notes

  1. §33.5.21.prin familia nuberet — An idiomatic expression meaning to marry within the family or into an appropriate class. It functions as a condition for the legacy.
  2. §33.5.21.pradgnata sunt — The verb adgnasci ('to be born in addition') here refers to children born of the female slaves. It addresses the legal ownership of offspring (partus ancillae) born between the designation of the legacy and the fulfillment of the condition.
  3. §33.5.21.prpro solido — A legal adverbial phrase meaning 'in full,' 'as a whole,' or 'exclusively.' It indicates that there is no legal ground for the mother Sempronia to exclusively enjoy the fruits and use of the slaves before the marriage.

Cite this passage

Justinian I, The Digest of Justinian §33.5.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.5.21.pr

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