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Justinian I · The Digest of Justinian §33.7.15.pr-33.7.15.2

Scope of Persons and Goods in Bequests of Equipped Property

Passage 5075 of 9271 · Latin

Summary

Pomponius discusses, with reference to Servius, what specific human and material elements are included when shops, houses, or land are bequeathed as 'equipped' in a will.

[POMPONIUS libro sexto ad Sabinum. ] §33.7.15.prSi ita testamento scriptum sit: 'quae tabernarum exercendarum instruendarum pistrini cauponae causa facta parataque sunt, do lego', his uerbis Seruius respondit et caballos, qui in pistrinis essent, et pistores, et in cauponio institores et focariam, mercesque, quae in his tabernis essent, legatas uideri.
[POMPONIUS in the sixth book On Sabinus.] If it should be written in a will as follows: 'Whatsoever things have been made and prepared for the purpose of carrying on and equipping shops, a bakery, or a tavern, I give and bequeath,' Servius answered that by these words both the horses which were in the bakeries, and the bakers, and the managers in the tavern and the female cook, and the merchandise which was in these shops, are understood to be bequeathed.
§33.7.15.1Domo instructa responsum est suppellectilem legatam, non etiam uina, quia domus uinis instructa intellegi non potest.
When a 'fully equipped house' is bequeathed, it was answered that the furniture is bequeathed, but not also the wine, because a house cannot be understood to be equipped with wine.
§33.7.15.2Mulier uillae custos perpetua fundo qui cum instrumento legatus esset aut instructo continebitur, sicuti saltuarius: par enim ratio est: nam desiderant tam uillae quam agri custodiam, illic, ne quid uicini aut agri aut fructuum occupent, hic, ne quid ceterarum rerum quae in uilla continentur: uilla autem sine ulla dubitatione pars fundi habetur.
A woman who is the permanent guardian of a villa will be included in a land which has been bequeathed with its equipment or as equipped, just like a forest-keeper; for the reason is the same: for they require the guardianship both of the villa and of the land; in the latter case, lest neighbors should seize any of the land or of the fruits; in the former case, lest they should seize any of the other things which are contained in the villa; moreover, a villa is without any doubt held to be part of the land.

Notes

  1. §33.7.15.prtabernarum exercendarum instruendarum pistrini cauponae causa — The word 'causa' acts postpositionally, governing the preceding genitive phrases. Here, 'tabernarum' (modified by the gerundives 'exercendarum' and 'instruendarum') and the genitives 'pistrini' and 'cauponae' all depend on 'causa', meaning 'for the purpose of carrying on and equipping shops, namely a bakery and a tavern.'
  2. §33.7.15.1Domo instructa — Ablative absolute. This is an elliptical expression referring to a case where a 'fully equipped house' (domus instructa) is bequeathed in a will. A participle like 'legata' (bequeathed) is understood to be omitted.
  3. §33.7.15.2illic, ne ... hic, ne — The demonstrative adverbs 'illic' (there / in the former) and 'hic' (here / in the latter) indicate 'agri' (land) and 'uillae' (villa) respectively. 'illic' corresponds to the protection of the land by the forest-keeper (saltuarius), and 'hic' to the protection of the villa by the female guardian (mulier custos).

Cite this passage

Justinian I, The Digest of Justinian §33.7.15.pr-33.7.15.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.7.15.pr-33.7.15.2

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