[ULPIANUS libro septimo decimo ad Sabinum. ] §7.8.12.prPlenum autem usum debet habere, si et uillae et praetorii ei relictus est.
[ULPIANUS libro septimo decimo ad Sabinum.] But he must have full use, if the use of both the farmhouse and the manor house was left to him.
uenire plane proprietarium ad fructus percipiendos magis dicendum est, et per tempora fructuum colligendorum etiam habitare illic posse admittendum est.
Clearly, it should rather be said that the owner may come to gather the fruits, and it must be admitted that he can even reside there during the times of gathering the fruits.
§7.8.12.1Praeter habitationem quam habet, cui usus datus est deambulandi quoque et gestandi ius habebit.
In addition to the habitation which he has, the person to whom the use was given will also have the right of walking and of being carried.
Sabinus et Cassius et lignis ad usum cottidianum et horto et pomis et holeribus et floribus et aqua usurum, non usque ad compendium, sed ad usum, scilicet non usque ad abusum: idem Nerua, et adicit stramentis et sarmentis etiam usurum, sed neque foliis neque oleo neque frumento neque frugibus usurum.
Sabinus and Cassius hold that he will use the wood for daily use, the garden, the fruits, the vegetables, the flowers, and the water, not for profit, but for use, that is to say, not to the point of abuse; Nerva is of the same opinion, and adds that he will also use the straw and brushwood, but will use neither the leaves, nor the oil, nor the wheat, nor the produce.
sed Sabinus et Cassius et Labeo et Proculus hoc amplius etiam ex his quae in fundo nascuntur, quod ad uictum sibi suisque sufficiat sumpturum et ex his quae Nerua negauit: Iuuentius etiam cum coniuis et hospitibus posse uti: quae sententia mihi uera uidetur, aliquo enim largius cum usuario agendum est pro dignitate eius, cui relictus est usus.
But Sabinus, Cassius, Labeo, and Proculus hold that, moreover, he will take from those things which are produced on the land what is sufficient for the sustenance of himself and his household, even from those things which Nerva denied. Juventius holds that he can also use it with guests and visitors; which opinion seems to me to be true, for one must deal somewhat more generously with the user according to the dignity of the person to whom the use was left.
sed utetur his, ut puto, dumtaxat in uilla: pomis autem et oleribus et floribus et lignis uidendum, utrum eodem loco utatur dumtaxat an etiam in oppidum ei deferri possint: sed melius est accipere et in oppidum deferenda, neque enim graue onus est horum, si abundent in fundo.
But he will use these things, as I think, only in the farmhouse; however, as to the fruits, vegetables, flowers, and wood, it must be considered whether he may use them only in that same place or whether they can also be brought to town for him. But it is better to accept that they should also be brought to town, for the burden of these is not heavy if they are abundant on the land.
§7.8.12.2Sed si pecoris ei usus relictus est, puta gregis ouilis, ad stercorandum usurum dumtaxat Labeo ait, sed neque lana neque agnis neque lacte usurum: haec enim magis in fructu esse.
But if the use of cattle was left to him, for example, a flock of sheep, Labeo says that he will use them only for manuring, but will use neither the wool, nor the lambs, nor the milk; for these are rather part of the fruits.
hoc amplius etiam modico lacte usurum puto: neque enim tam stricte interpretandae sunt uoluntates defunctorum.
In addition to this, I think he will also use a moderate amount of milk; for the wills of the deceased are not to be interpreted so strictly.
§7.8.12.3Sed si boum armenti usus relinquatur, omnem usum habebit et ad arandum et ad cetera, ad quae boues apti sunt.
But if the use of a herd of oxen is left, he will have every use, both for plowing and for other things for which oxen are fit.
§7.8.12.4Equitii quoque legato usu uidendum, ne et domare possit et ad uehendum sub iugo uti.
When the use of a herd of horses is bequeathed, it must also be considered whether he can both train them and use them for carrying under the yoke.
et si forte auriga fuit, cui usus equorum relictus est, non puto eum circensibus his usurum, quia quasi locare eos uidetur: sed si testator sciens eum huius esse instituti et uitae reliquit, uidetur etiam de hoc usu sensisse.
And if by chance the person to whom the use of horses was left was a charioteer, I do not think he will use them for the circus games, because he seems, as it were, to lease them; but if the testator, knowing that he was of this profession and life, left it, he seems to have intended also this use.
§7.8.12.5Si usus ministerii alicui fuerit relictus, ad suum ministerium utetur et ad liberorum coniugisque, neque uidebitur alii concessisse, si simul cum ipsis utatur: quamquam, si filio familias usus serui sit relictus uel seruo, patri dominoue adquisitus ipsius dumtaxat usum exigat, non etiam eorum qui sunt in potestate.
If the use of services is left to anyone, he will use it for his own service and for that of his children and spouse, nor will he be deemed to have granted it to another if he uses it together with them; although, if the use of a slave is left to a son-in-power or to a slave, the right acquired for the father or owner demands only the use of the person himself, and not also of those who are under his power.
§7.8.12.6Operas autem serui usuarii non locabit neque alii utendo concedet, et ita Labeo: quemadmodum enim concedere alii operas poterit, cum ipse uti debeat? idem tamen Labeo putat, si fundum conduxerit quis, usuarium seruum posse ibi operari: quid enim interest, in qua re opera eius utatur? quare et si lanam conduxerit usuarius expediendam, poterit etiam per usuarias ancillas opus perficere, idemque, si uestimenta texenda redemerit uel insulam uel nauem fabricandam, poterit ad haec operis uti usuarii: nec offendetur illa Sabini sententia ancillae usu dato ad lanificium eam non mitti nec ex operis mercedem capi, sed sibi lanam facere iure cogere: sibi enim facere uidetur, qui non operas eius locauit, sed opus quod conduxit expediit.
But he will not lease the labors of a slave subject to use, nor grant them to another for use, and so Labeo holds; for how will he be able to grant the labors to another when he himself ought to use them? Yet the same Labeo thinks that if anyone leases a land, the slave subject to use can work there; for what difference does it make in what matter he uses his labor? Therefore, even if the user has contracted for wool to be processed, he will also be able to perform the work through the female slaves subject to use; and likewise, if he has undertaken garments to be woven, or an apartment building or a ship to be built, he will be able to use the labors of the slave subject to use for these things. Nor will that opinion of Sabinus be violated, that when the use of a female slave is given, she is not to be sent to the wool factory, nor is rent to be taken from her labors, but he can by right compel her to make wool for him; for he who did not lease her labors, but performed the work which he contracted for, is deemed to make it for himself.
idem et Octauenus probat.
Octavenus also approves the same.