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Justinian I · The Digest of Justinian §34.2.38.pr-34.2.38.2

Scope of Legacies of Silverware and Clothing and Statue Material

Passage 5198 of 9271 · Latin

Summary

Scaevola's opinions concerning the scope of a legacy in Titia's fideicommissum, Sempronia's choice of clothing from a synthesis, and the determination of the material (silver) for a statue ordered in Seia's will.

[SCAEUOLA libro tertio responsorum. ] §34.2.38.prTitia testamento, item codicillis multas species tam argenti quam uestis specialiter per fideicommissum reliquit: quaero an non.
[SCAEUOLA, in the third book of his Opinions.] Titia by her will, and likewise by codicils, specifically left many items of both silver and clothing by way of fideicommissum.
aliae species legato cedant, quam quae in hereditate inuentae essent.
I ask whether other items do not belong to the legacy than those which were found in the inheritance.
respondit eas cedere, quae inuentae essent: de ceteris cauendum, ut, si inuentae essent, praestentur.
He replied that those which were found belong to it; as for the rest, security should be given that they will be provided if they are found.
§34.2.38.1'Semproniae Piae hoc amplius coopertoria Tauiana et tunicas tres cum palliolis quae elegerit dari uolo': quaero an ex uniuersa ueste, id est an ex synthesi tunicas singulas et palliola Sempronia eligere possit.
"To Sempronia Pia, in addition to this, I wish that there be given Tauian coverlets and three tunics with cloaks which she shall choose." I ask whether Sempronia can choose individual tunics and cloaks from all the clothing, that is, from a synthesis.
respondit, si essent tunicae singulares cum palliolis relictae, ex his dumtaxat eligi posse: quod si non est, heredem uel tunicas et palliola set ex synthesi praestaturum uel ueram aestimationem earum.
He replied that if individual tunics with cloaks had been left, they could only be chosen from these; but if this is not the case, the heir must either provide the tunics and cloaks, but from a synthesis, or their true valuation.
§34.2.38.2Seia testamento ita cauit: 'si mihi per condicionem humanam contigerit, ipsa faciam: sin autem, ab heredibus meis fieri uolo: iubeoque signum dei ex libris centum in illa sacra aede et in patria statui subscriptione nominis mei'.
Seia provided as follows in her will: "If it happens to me by human condition, I will do it myself; but if not, I wish it to be done by my heirs: and I order a statue of the god of one hundred pounds to be set up in that sacred temple and in my homeland with the inscription of my name." It was asked: since in that temple there are no offerings other than either of bronze or of silver, are the heirs of Seia to be compelled to place a statue of silver, or of gold, or of bronze?
quaesitum est: cum in eo templo non nisi aut aerea aut argentea tantum sint dona, heredes Seiae utrum ex argento an ex auro signum ponere compellendi sunt an aereum? respondit secundum ea quae proponerentur argenteum ponendum.
He replied that according to what was proposed, a silver one should be placed.

Notes

  1. §34.2.38.pran non — The phrase "an non" introducing an indirect question here expresses a query with a negative implication ("whether ... not"). It implies "whether other items than those found in the inheritance do not belong to the legacy."
  2. §34.2.38.prde ceteris cauendum, ut — The impersonal gerundive "cauendum [esse]" (security must be given) is followed by a noun clause introduced by "ut" with the subjunctive "praestentur". This refers to the legal obligation of providing a guarantee (cautio) that the items will be delivered if they are found in the future.
  3. §34.2.38.1quod si non est — The neuter pronoun "quod" acts as a connecting relative at the beginning of the clause, forming "but if this is not the case." Here, "non est" refers to the absence of individual tunics and cloaks (tunicae singulares cum palliolis) in the inheritance.
  4. §34.2.38.2si mihi per condicionem humanam contigerit — While "condicio humana" (the human condition, mortality) usually euphemistically refers to death, here, in connection with "ipsa faciam" (I will do it myself), it means "if it is granted to me within the human condition (i.e., if I have the opportunity to do so during my lifetime)."

Cite this passage

Justinian I, The Digest of Justinian §34.2.38.pr-34.2.38.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.2.38.pr-34.2.38.2

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