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Justinian I · The Digest of Justinian §34.2.28.pr

Scope of Silver Bequeathed for One's Own Use

Passage 5188 of 9271 · Latin

Summary

Alfenus addresses the scope of silver, clothing, or furniture bequeathed "for one's own use," concluding that only items prepared for daily sustenance are included, excluding those held for special occasions or public loans.

[ALFENUS UARUS libro septimo digestorum. ] §34.2.28.prCum in testamento alicui argentum, quod usus sui causa paratum esset, legaretur, itemque uestis aut supellex, quaesitum est, quid cuiusque usus causa uideretur paratum esse, utrumne id argentum, quod uictus sui causa paratum pater familias ad cotidianum usum parasset an et si eas mensas argenteas et eius generis argentum haberet, quo ipse non temere uteretur, sed commodare ad ludos et ad ceteras apparationes soleret.
[ALFENUS UARUS, in his seventh book of the Digests.] When in a will there was bequeathed to someone silver which had been prepared for his own use, and likewise clothing or household furniture, it was asked what should be deemed to have been prepared for the use of each; whether it was that silver which the head of the household had prepared for his daily use, having prepared it for his own sustenance, or also if he owned such silver tables and silver of that kind which he himself did not commonly use, but was accustomed to lend for public games and other grand preparations.
et magis placet, quod uictus sui causa paratum est, tantum contineri.
And it is more approved that only that which was prepared for sustenance is included.

Notes

  1. §34.2.28.prquid cuiusque usus causa — The genitive "cuiusque" (from quisque) refers distributively to each of the categories of legacy mentioned before (silver, clothing, furniture). Thus, it means "for the use of each [of these things] respectively."
  2. §34.2.28.prnon temere — The combination of "non" and the adverb "temere" (rashly, heedlessly, easily) is an idiomatic expression meaning "not easily" or "rarely / not commonly."
  3. §34.2.28.pran et si — In the alternative indirect question introduced by "utrumne ... an ...", the second alternative "an" introduces a conditional clause with "et si" (even if / or also if), which qualifies the omitted main verb of the clause (such as "contineretur" or "legaretur").

Cite this passage

Justinian I, The Digest of Justinian §34.2.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.2.28.pr

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