[ULPIANUS libro uicesimo ad Sabinum. ] §33.7.12.prQuaesitum est, an frumentum, quod cibariis cultorum paratum foret, instrumento cederet.
[ULPIANUS on Sabinus, Book XX.] It was asked whether corn which had been prepared for the provisions of the cultivators should cede to the equipment.
et plurimis non placet, quia consumeretur: quippe instrumentum est apparatus rerum diutius mansurarum, sine quibus exerceri nequiret possessio: accedit eo, quod cibaria uictus magis quam colendi causa pararentur.
And most authorities do not agree, because it would be consumed; for equipment is an apparatus of things of a more lasting nature, without which the possession cannot be managed. To this is added that the provisions are prepared for sustenance rather than for the sake of cultivation.
sed ego puto et frumentum et uinum ad cibaria paratum instrumento contineri: et ita Seruium respondisse auditores eius referunt.
But I think that both corn and wine prepared for provisions are contained in the equipment; and his pupils report that Servius gave this opinion.
item nonnullis uisum est frumentum, quod serendi causa sepositum est, instrumento contineri, puto quia et instar culturae esset et ita consumitur, ut semper reponeretur: sed causa seminis nihil a cibariis differt.
Likewise, it seemed to some that corn which is set aside for the sake of sowing is contained in the equipment, I think because it is akin to cultivation and is consumed in such a way that it is always replaced; but the case of seed differs in no way from provisions.
§33.7.12.1Conseruandi fructus causa, ueluti granaria, quia in his fructus custodiuntur, urceos capsellas, in quibus fructus componuntur: sed et ea, quae exportandorum fructuum causa parantur, instrumenti esse constat, ueluti iumenta et uehicula et naues et cuppae et culei.
Those things which are for the purpose of preserving produce, such as granaries, because in these the produce is guarded, and jars and small boxes in which the produce is stored, [are also contained in the equipment]; but it is clear that those things which are prepared for the purpose of exporting produce belong to the equipment, such as beasts of burden, vehicles, ships, casks, and leather bags.
§33.7.12.2Alfenus autem, si quosdam ex hominibus aliis legauerit, ceteros, qui in fundo fuerunt, non contineri instrumento ait, quia nihil animalis instrumenti esse opinabatur: quod non est uerum: constat enim eos, qui agri gratia ibi sunt, instrumento contineri.
But Alfenus says that if anyone bequeaths some of the slaves separately, the others who were on the estate are not contained in the equipment, because he was of the opinion that no animate thing is part of the equipment. This is not true; for it is clear that those who are there for the sake of the land are contained in the equipment.
§33.7.12.3Quaeritur, an seruus, qui quasi colonus in agro erat, instrumento legato contineatur.
It is asked whether a slave who was on the land as if he were a tenant farmer is contained in the legacy of equipment.
et Labeo et Pegasus recte negauerunt, quia non pro instrumento in fundo fuerat, etiamsi solitus fuerat et familiae imperare.
And Labeo and Pegasus rightly denied this, because he had not been on the estate as equipment, even if he had also been accustomed to command the household slaves.
§33.7.12.4Saltuarium autem Labeo quidem putat eum demum contineri, qui fructuum seruandorum gratia paratus sit, eum non, qui finium custodiendorum causa: sed Neratius etiam hunc, et hoc iure utimur, ut omnes saltuarii contineantur.
As for the forest-keeper, Labeo indeed thinks that only the one who is prepared for the sake of preserving the produce is contained, and not the one who is for the sake of guarding the boundaries; but Neratius includes him as well, and we follow this rule, so that all forest-keepers are contained.
§33.7.12.5Trebatius amplius etiam pistorem et tonsorem, qui familiae rusticae causa parati sunt, putat contineri, item fabrum, qui uillae reficiendae causa paratus sit, et mulieres quae panem coquant quaeque uillam seruent: item molitores, si ad usum rusticum parati sunt: item focariam et uilicam, si modo aliquo officio uirum adiuuet: item lanificas quae familiam rusticam uestiunt, et quae pulmentaria rusticis coquant.
Trebatius thinks that furthermore even the baker and the barber, who are prepared for the sake of the rustic slave household, are contained; likewise the carpenter, who is prepared for the sake of repairing the villa, and the women who bake bread and who guard the villa; likewise the millers, if they are prepared for rustic use; likewise the kitchen maid and the bailiff's wife, provided she assists her husband in some duty; likewise the wool-weavers who clothe the rustic slave household, and those who cook side-dishes for the rustic workers.
§33.7.12.6Sed an instrumenti instrumentum legato instrumento continetur, quaeritur: haec enim, quae rusticorum causa parantur, lanificae et lanae et tonsores et fullones et focariae non agri sunt instrumentum, sed instrumenti.
But it is asked whether the equipment of the equipment is contained in the legacy of equipment; for these things which are prepared for the sake of the rustic workers—the wool-weavers and the wool, and the barbers, the fullers, and the kitchen maids—are not the equipment of the field, but of the equipment.
puto igitur etiam focariam contineri: sed et lanificas et ceteros, qui supra enumerati sunt: et ita Seruium respondisse auditores eius referunt.
I think, therefore, that even the kitchen maid is contained, and also the wool-weavers and the others who are enumerated above; and his pupils report that Servius gave this opinion.
§33.7.12.7Uxores quoque et infantes eorum, qui supra enumerati sunt, credendum est in eadem uilla agentes uoluisse testatorem legato contineri: neque enim duram separationem iniunxisse credendus est.
It is also to be believed that the testator wished the wives and infants of those who are enumerated above, living in the same villa, to be contained in the legacy; for he is not to be believed to have enjoined a harsh separation.
§33.7.12.8Si aliqua parte anni in fundo pascantur pecora, aliqua parte his pabulum conducitur, uel serui, si aliqua parte anni per eos ager colitur, aliqua parte in mercedem mittuntur, nihilo minus instrumento continentur.
If during some part of the year the cattle graze on the land, and during another part pasture is hired for them, or if slaves cultivate the land during some part of the year and during another part are hired out for wages, they are nevertheless contained in the equipment.
§33.7.12.9Cellararium quoque, id est ideo praepositum, ut rationes saluae sint, item ostiarium mulionemque instrumenti esse constat.
It is also clear that the storekeeper, that is, one appointed for the purpose of keeping the accounts safe, and likewise the gatekeeper and the muleteer belong to the equipment.
§33.7.12.10Et molas et machinas, fenum stipulas, asinum machinarium, machinam frumentariam, uas aeneum, in quo sapa coqueretur et defrutum fiat et aqua ad bibendum lauandamque familiam paratur, instrumenti esse, et cribra, et plaustra quibus stercus euehatur.
And the mills and engines, hay and straw, the donkey that turns the mill, the grain machine, the bronze vessel in which the sapa is boiled and defrutum is made and water is prepared for the drinking and washing of the slave household, belong to the equipment, as well as the sieves and the carts by which manure is carried out.