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Justinian I · The Digest of Justinian §33.7.19.pr-33.7.19.1

Later Introduced Slaves and Equipment of a Villa

Passage 5079 of 9271 · Latin

Summary

Paulus's opinions on whether slaves introduced to an estate after a will is made are included in its equipment, and what items or slaves are included in or excluded from the equipment of a villa.

[PAULUS libro tertio decimo responsorum. ] §33.7.19.prSi mancipia quae, post testamentum factum in fundum Seiae relictum a testatore inducta, fundi colendi gratia in eodem fundo fuerint, ea quoque instrumento fundi contineri respondi: quamuis enim ea mancipia testator demonstrasset, quae tunc ibi essent cum legaret, tamen non minuendi legati, sed augendi causa mancipiorum quoque fecit mentionem.
[PAULUS in the thirteenth book of Opinions.] I answered that the slaves who, after the will was made, were brought by the testator into the estate bequeathed to Seia, and remained on the same estate for the purpose of cultivating the land, are also included in the equipment of the estate; for although the testator had indicated those slaves who were there at the time when he made the bequest, yet he made mention of the slaves also not for the purpose of diminishing the legacy, but of increasing it.
ceterum instrumento fundi mancipia quoque colendi agri causa inducta contineri non ambigitur.
Moreover, there is no doubt that slaves who are brought in for the purpose of cultivating the land are also included in the equipment of the estate.
§33.7.19.1Paulus respondit uillae instrumento neque fructus repositos neque equitium contineri, suppellectile autem legato cedere: seruum uero arte fabrica peritum, qui annuam mercedem praestabat, instrumento uillae non contineri.
Paulus answered that neither stored fruits nor a stud of horses are included in the equipment of a villa, but that the furniture goes with the legacy; however, a slave skilled in a craftsman's trade, who paid an annual rent, is not included in the equipment of a villa.

Notes

  1. §33.7.19.prSeiae relictum — The dative Seiae (from Seia) denotes the recipient of the legacy indicated by the perfect participle relictum (which agrees with fundum), meaning 'bequeathed to Seia.' Taking it as a genitive ('of Seia') is less natural in this legal context.
  2. §33.7.19.prnon minuendi legati, sed augendi causa — A gerundive construction with the postposition causa (governing the genitive). In the second part (augendi), the noun legati is understood as the shared object.
  3. §33.7.19.1suppellectile — The subject of the infinitive cedere in the accusative-and-infinitive construction. Although the accusative form suppellectilem would be expected, the manuscript reads suppellectile (resembling an ablative or a neuter form), acting as the logical subject meaning 'furniture'.

Cite this passage

Justinian I, The Digest of Justinian §33.7.19.pr-33.7.19.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.7.19.pr-33.7.19.1

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