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Justinian I · The Digest of Justinian §50.16.120.pr

Testamentary Powers in the Twelve Tables and Subsequent Limits

Passage 8934 of 9271 · Latin

Summary

The author explains how the extremely broad testamentary powers granted by the Law of the Twelve Tables (instituting heirs, giving legacies/freedom, appointing guardians) were later restricted by the interpretation of laws and juristic authority.

[IDEM libro quinto ad Quintum Mucium. ] §50.16.120.prUerbis legis duodecim tabularum his 'uti legassit suae rei, ita ius esto' latissima potestas tributa uidetur et heredis instituendi et legata et libertates dandi, tutelas quoque constituendi.
[THE SAME, in the fifth book on Quintus Mucius.] By these words of the Law of the Twelve Tables, "as he has bequeathed concerning his property, so let it be law," a very wide power seems to have been granted both of instituting an heir, and of giving legacies and freedom, and also of appointing guardians.
sed id interpretatione coangustatum est uel legum uel auctoritate iura constituentium.
But this has been narrowed by interpretation, either of the laws, or by the authority of those who establish the law.

Notes

  1. §50.16.120.pruti legassit suae rei, ita ius esto — A quotation from the Law of the Twelve Tables (V.3). `legassit` is an archaic form of the future perfect `legaverit`. `suae rei` is a genitive (or possibly dative) of reference where classical Latin would typically use an ablative with a preposition (e.g., `de sua re`), illustrating archaic legal syntax.
  2. §50.16.120.prheredis instituendi et legata et libertates dandi — These genitive phrases modify `potestas`. While `heredis instituendi` is a gerundive construction (agreeing with the singular `heredis`), `legata et libertates dandi` consists of the gerund `dandi` taking direct accusative objects (`legata et libertates`). This displays an asymmetrical juxtaposition of gerundive and gerund constructions.
  3. §50.16.120.pruel legum uel auctoritate iura constituentium — The correlative `uel... uel...` structure connects the sources of restriction modifying `interpretatione` (by interpretation). It is understood as "either by the [interpretation] of the laws, or by the authority of those who establish the laws [i.e., through their interpretation]," meaning that `interpretatione` is implied in the second clause.

Cite this passage

Justinian I, The Digest of Justinian §50.16.120.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.120.pr

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