Humanitext Reader

Justinian I · The Digest of Justinian §34.1.23.pr

Inclusion of Clothing and Shelter in Bequests of Upbringing

Passage 5159 of 9271 · Latin

Summary

Regarding the scope of the obligation to "bring up" someone under a trust-bequest, Paulus objects to Neratius' view of limiting it to food, arguing that it should be treated equally with a legacy of maintenance to include clothing and lodging.

[PAULUS libro quarto ad Neratium. ] §34.1.23.prRogatus es, ut quendam educes: ad uictum necessaria ei praestare cogendus es.
[PAULUS, in the fourth book on Neratius.] You have been requested to bring up someone: you must be compelled to provide him with what is necessary for sustenance.
PAULUS: cur plenius est alimentorum legatum, ubi dictum est et uestiarium et habitationem contineri? immo ambo exaequanda sunt.
PAULUS: Why is a legacy of maintenance more extensive, where it has been said that clothing and lodging are also contained therein? Nay, rather, both ought to be made equal.

Notes

  1. §34.1.23.preduces — Often read as educas in manuscripts, a present subjunctive second person singular of educare (to bring up, rear). It introduces the ut-clause expressing the content of the request (rogatus es).
  2. §34.1.23.prad uictum necessaria — The noun uictum (sustenance, food) introduced by the preposition ad expressing purpose, combined with the neuter plural accusative adjective used substantively necessaria (necessary things). Neratius attempts to limit the scope of the "bringing up" (educere) to the bare minimum of food required for survival.
  3. §34.1.23.prambo exaequanda sunt — The subject ambo (both, i.e., educatio and alimenta) is combined with the gerundive (future passive participle) exaequanda and the auxiliary verb sunt, forming a predicate of obligation/necessity: "both ought to be made equal."

Cite this passage

Justinian I, The Digest of Justinian §34.1.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.1.23.pr

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