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Justinian I · The Digest of Justinian §33.9.7.pr

Scope of Provisions Bequeathed Regardless of Storage Place

Passage 5122 of 9271 · Latin

Summary

Scaevola responds to a query regarding whether a bequest of "all provisions" includes amphorae stored in warehouses as well as provisions in the dining room, stating that whatever was kept anywhere for use as provisions is included.

[SCAEUOLA libro tertio responsorum. ] §33.9.7.pr'Penum meam omnem ad matrem liberosque meos, qui cum matre sunt, pertinere uolo'. quaero, si tutores pupilli eam solummodo penum deberi, quae in caenaculo esset, dicant, sint autem et in horreis anphorae, an hae quoque deberentur.
[SCAEVOLA in the third book of Responses.] 'I wish all my provisions to belong to my mother and my children who are with my mother.' I ask, if the tutors of the ward should say that only those provisions which were in the dining room are due, but there are also amphorae in the storehouses, whether these also should be due.
respondit, quidquid penoris usus causa ubicumque habuisset, deberi.
He answered that whatever he had kept anywhere for the purpose of the use of provisions was due.

Notes

  1. §33.9.7.prpenum meam omnem — In the same fragment, the word penus (provisions) is used with different declensions and genders. In the first part, penum meam omnem agrees with feminine adjectives in the accusative, whereas in the latter part, penoris (genitive) functions as a third-declension neuter noun (penus, penoris).
  2. §33.9.7.prquaero, si ... — Structure of the complex sentence. The main verb is quaero (I ask), and its indirect question clause is the subsequent an hae quoque deberentur (whether these also should be due). Into this, the conditional clause si tutores pupilli ... dicant (if the tutors of the ward should say...) is inserted, which further contains the accusative with infinitive construction eam solummodo penum deberi and the relative clause quae in caenaculo esset.

Cite this passage

Justinian I, The Digest of Justinian §33.9.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.9.7.pr

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