[ULPIANUS libro uicesimo ad Sabinum. ] §33.7.12.25Specularia quoque adfixa magis puto domus esse partem: nam et in emptione domus et specularia et pegmata cedere, siue in aedificio sunt posita siue ad tempus detracta.
I think that attached window-panes also are rather part of the house: for in the purchase of a house too, both window-panes and shelves cede, whether they are placed in the building or temporarily removed.
sed si non sint, reposita ad hoc tamen sint, ut suppleantur, si qua desint: instrumento potius continebuntur.
But if they are not, yet are stored for this purpose, namely to replace any that are missing, they will rather be contained in the equipment.
§33.7.12.26Cancellos quoque instrumento contineri puto.
I think that lattices also are contained in the equipment.
§33.7.12.27Sed si fundus non sit cum instrumento legatus, sed ita ut instructus sit, quaesitum est, an plus contineatur, quam si cum instrumento legatus esset.
But if an estate is bequeathed not with its equipment, but in such a way that it is equipped, it has been asked whether more is contained than if it had been bequeathed with its equipment.
et Sabinus libris ad Uitellium scribit fatendum esse plus esse, cum instructus fundus legetur, quam si cum instrumento: quam sententiam cottidie increscere et inualescere uidemus.
And Sabinus writes in his books to Vitellius that it must be admitted that there is more when an equipped estate is bequeathed than if it is with equipment: which opinion we see growing and prevailing day by day.
quanto igitur hoc legatum uberius est, uidendum est.
Therefore, we must see how much richer this bequest is.
et Sabinus definit et Cassius apud Uitellium notat: omnia quae eo collocata sunt, ut instructior esset pater familias, instructo, inquit, continebuntur, id est quae ibi habuit, ut instructior esset.
And Sabinus defines, and Cassius notes in Vitellius: all things which were placed there so that the father of the family might be better equipped, he says, will be contained in the equipped estate, that is, those things which he had there so that he might be better equipped.
hoc ergo legato non agri instrumentum, sed proprium suum instrumentum reliquisse uidetur.
Therefore, by this bequest, he seems to have left not the equipment of the land, but his own personal equipment.
§33.7.12.28Proinde si fundus sit instructus legatus, et suppellex continebitur, quae illic fuit usus ipsius gratia, et uestis non solum stragula, sed et qua ibi uti solebat: mensae quoque eboreae uel si quae aliae, item uitrea et aurum et argentum: uina quoque, si qua ibi fuerint usus ipsius causa, continentur, et si quid aliud utensilium.
Accordingly, if an equipped estate is bequeathed, the furniture also which was there for his own use will be contained, and clothing, not only bedding but also what he used to wear there; tables also, of ivory or any other kind, likewise glassware, gold, and silver; wine too, if there was any there for his own use, is contained, and any other utensils.
§33.7.12.29Sed si qua eo congesserat non usus ipsius causa, sed custodiae gratia, non continebuntur: uina etiam, quae in apothecis sunt, non cedent: et hoc iure utimur, ut quae ibi pater familias quasi in horreo habuit, haec non contineantur.
But if he had accumulated any things there not for his own use but for the sake of custody, they will not be contained: even the wine which is in the storehouses will not cede: and we employ this rule of law, that those things which the father of the family had there as if in a granary are not contained.
§33.7.12.30Celsus quoque libro nono decimo digestorum scribit fructus ibi repositos, ut uenirent uel in alium usum quam fundi conuerterentur, instructo fundo non contineri.
Celsus also, in the nineteenth book of his Digests, writes that crops stored there to be sold or to be converted to another use than that of the estate, are not contained in the equipped estate.
§33.7.12.31Idem Celsus eodem libro ait etiam suppellecticarios et ceteros hoc genus seruos contineri, id est ministeria, quibus instructus erat in eo fundo (extra ea quae libertatem acceperunt), et qui rure morari solebant.
The same Celsus says in the same book that even the furniture-keepers and other slaves of this kind are contained, that is, the domestic staff with which he was equipped on that estate (excepting those who received their freedom), and those who were accustomed to stay in the countryside.
§33.7.12.32Si instructum fundum legasset, ea paedagogia, quae ibi habebat, ut, cum ibi uenisset, praesto essent in triclinio, legato continentur.
If he had bequeathed an equipped estate, those pages whom he had there so that, when he arrived there, they would be at hand in the dining room, are contained in the bequest.
§33.7.12.33Contubernales quoque seruorum, id est uxores, et natos, instructo fundo contineri uerum est.
It is true that the domestic partners of the slaves, that is, their wives, and their children, are also contained in the equipped estate.
§33.7.12.34Instructo autem fundo et bibliothecam et libros, qui illic erant, ut quotiens uenisset uteretur, contineri constat.
But it is well established that, in the equipped estate, both the library and the books which were there so that he could use them whenever he came, are contained.
sed si quasi apotheca librorum utebatur, contra erit dicendum.
But if he used it as if it were a storehouse for books, the contrary must be said.
§33.7.12.35Neratius quoque libro quarto epistularum Rufino respondit instructo fundo et suppellectilem et uina et mancipia non solum ad cultum custodiamue uillae, sed etiam quae ut ipsi patri familias in ministerio ibi essent, legato cedere.
Neratius also, in the fourth book of his Letters, replied to Rufinus that in the equipped estate, both the furniture, the wine, and the slaves—not only those for the maintenance or custody of the villa, but also those who were there to be in service to the father of the family himself—cede to the bequest.
§33.7.12.36Imagines quoque hae solae legatae uidentur, quae in aliquo ornatu uillae fuerunt.
As for portraits too, only those seem to be bequeathed which were part of some decoration of the villa.
§33.7.12.37Papinianus quoque praediis instructis legatis mancipia non contineri, quae temporis causa illic fuerunt ac non eo animo transtulit pater familias, ut aut fundi aut suum instrumentum faceret.
Papinian also says that when equipped estates are bequeathed, those slaves are not contained who were there for temporary reasons, and whom the father of the family did not transfer with the intention of making them either the equipment of the estate or his own equipment.