[PAULUS libro secundo ad Uitellium. ] §33.7.18.prCum de lanionis instrumento quaeritur, semota carne mensas pondera ferramentaque laniandae carnis causa praeparata, item trutinas cultros dolabras instrumento relinquimus.
[PAULUS in the second book on Vitellius.] When the equipment of a butcher is in question, excluding the meat, we leave as the equipment the tables, weights, and iron tools prepared for the purpose of cutting meat, and likewise scales, knives, and cleavers.
§33.7.18.1Instrumento legato aliquando etiam personas legantium necesse est inspici.
When equipment is bequeathed, it is sometimes necessary to inspect even the circumstances of the testators.
ut ecce pistorio instrumento legato ita ipsi pistores inesse uideri possunt, si pater familias pistrinum exercuit: nam plurimum interest, instrumentum pistoribus an pistrino paratum sit.
For example, when bakery equipment is bequeathed, the bakers themselves can be regarded as included only if the paterfamilias conducted a bakery business; for it makes a great deal of difference whether the equipment was prepared for the bakers or for the bakery.
§33.7.18.2Asinam molendariam et molam negat Neratius instrumento fundi contineri.
Neratius denies that a mill-donkey and a mill-stone are included in the equipment of land.
§33.7.18.3Item caccabos et patinas in instrumento fundi esse dicimus, quia sine his pulmentarium coqui non potest. nec multum refert inter caccabos et aenum, quod supra focum pendet: hic aqua ad potandum calefit, in illis pulmentarium coquitur.
Likewise we say that pots and pans are included in the equipment of land, because without these food cannot be cooked; nor does it make much difference between pots and a bronze cauldron which hangs over the hearth: in the latter, water is heated for drinking, in the former, food is cooked.
quod si aenum instrumento continetur, urcei quoque, quibus aqua in aenum infunditur, in idem genus rediguntur, ac deinceps in infinitum primis quibusque proxima copulata procedunt.
But if a bronze cauldron is included in the equipment, the jugs, too, with which water is poured into the cauldron, are brought into the same class, and so on ad infinitum, things connected to each preceding thing go on.
optimum ergo esse Pedius ait non propriam uerborum significationem scrutari, sed in primis quid testator demonstrare uoluerit, deinde in qua praesumptione sunt qui in quaque regione commorantur.
Therefore, Pedius says that it is best not to scrutinize the proper meaning of the words, but first of all what the testator wished to indicate, and next, what is the understanding of those who reside in each region.
§33.7.18.4Cum de uilico quaereretur et an instrumento inesset et dubitaretur, Scaeuola consultus respondit, si non pensionis certa quantitate, sed fide dominica coleretur, deberi.
When a question arose concerning a bailiff and whether he was included in the equipment and there was doubt, Scaevola, on being consulted, answered that if the estate was cultivated not for a fixed amount of rent, but on the master's trust, he was due.
§33.7.18.5Idem consultus de meta molendaria respondit, si rusticis eius fundi operariis moleretur, eam quoque deberi.
The same jurist, on being consulted about a mill-stone, answered that if grinding was done by the agricultural laborers of that estate, it also was due.
est autem meta inferior pars molae, catillus superior.
Now, the lower mill-stone is the lower part of the mill, and the upper mill-stone is the upper.
§33.7.18.6De bubulco quoque ita respondit, siue de eo, qui bubus ibi araret, siue de eo, qui boues eius fundi aratores pasceret, quaereretur, deberi.
Concerning the ox-driver also, he answered in this way, that whether the question was about the one who plowed there with oxen, or about the one who pastured the plowing oxen of that estate, he was due.
§33.7.18.7De putatoribus quoque ita respondit, si eius fundi causa haberentur, inesse:
Concerning the pruners also, he answered in this way, that if they were kept for the sake of that estate, they were included.
§33.7.18.8Pastores quoque et fossores ad legatarium pertinere.
Shepherds and diggers also belong to the legatee.
§33.7.18.9Item cum fundus ita legatus esset: 'Maeuio fundum Seianum, ita ut optimus maximusque est, cum omni instrumento rustico et urbano et mancipiis quae ibi sunt' et quaereretur, an semina deberentur, respondit uerius esse deberi, nisi aliud testatorem sensisse heres probaret.
Likewise, when an estate was bequeathed in this way: "To Maevius the Seian estate, just as it is at its best and greatest, with all agricultural and urban equipment and the slaves who are there," and it was asked whether the seeds were due, he answered that it was more correct that they were due, unless the heir proved that the testator had intended otherwise.
idem respondit de frumento reposito ad mancipiorum exhibitionem.
He gave the same answer concerning grain stored for the maintenance of the slaves.
§33.7.18.10In instrumento medici esse collyria et emplastra et cetera eius generis Cassius scribit.
Cassius writes that eye-salves, plasters, and other things of that kind are in the equipment of a physician.
§33.7.18.11Cui fundum instructum legauerat, nominatim mancipia legauit: quaesitum est, an reliqua mancipia, quae non nominasset, instrumento cederent.
To whom he had bequeathed an equipped estate, he also bequeathed slaves by name; the question arose whether the remaining slaves, whom he had not named, would go with the equipment.
Cassius ait responsum esse, tametsi mancipia instructi fundi sint, tamen uideri eos solos legatos esse, qui nominati essent, quod appareret non intellexisse patrem familias instrumento quoque seruos adnumeratos esse.
Cassius says that the answer was that, although slaves are part of an equipped estate, nevertheless it appears that those alone were bequeathed who had been named, because it was apparent that the paterfamilias did not understand that slaves were also counted in the equipment.
§33.7.18.12SABINUS. Cui fundus quaeque ibi sint legata sunt, ei fundus et omnia, quae in eo solita sunt esse quaeque ibi maiore parte anni morari et hi, qui in eum manendi causa recipere se consueuerunt, legati uidentur: at si qua consulto in fundo congesta contractaue sunt, quo legatum cumularetur, ea non uidentur legata esse.
SABINUS: To whomsoever an estate and whatever things are there are bequeathed, to him the estate and all things which are accustomed to be on it and which remain there for the greater part of the year, and those persons who are accustomed to repair to it for the purpose of remaining, seem to be bequeathed; but if any things have been deliberately brought together or collected on the estate in order that the legacy might be increased, those things do not seem to be bequeathed.
§33.7.18.13Quidam cum ita legasset: 'uillam meam ita ut ipse possedi cum suppellectile mensis mancipiis, quae ibi deputabuntur, urbanis et rusticis, uinis, quae in diem mortis meae ibi erunt, et decem aureis', et quaereretur, cum in diem mortis ibi libros et uitreamina et uesticulam habuerit, an eadem omnia legato cederent, quoniam quaedam enumerasset: Scaeuola respondit specialiter expressa, quae legato cederent.
When a certain person had bequeathed in this way: "my villa just as I myself possessed it, with the furniture, tables, slaves, both urban and rustic, who shall be assigned there, wines which shall be there on the day of my death, and ten aurei," and it was asked—since on the day of his death he had books, glassware, and clothing there—whether all of these things also went with the bequest, because he had enumerated certain items: Scaevola answered that only those things which were specifically expressed went with the bequest.
§33.7.18.14Domum instructam legauit cum omnibus adfixis: quaeritur de instrumentis debitorum, an ea legatarius habere potest.
He bequeathed an equipped house with all fixtures: a question arose concerning the instruments of debtors, whether the legatee can have them.
respondit secundum ea quae proponerentur non posse.
He answered that according to the facts presented, he cannot.