De instrumenti significatione liber singularis
Dig. 32,99Idem libro singulari de instrumenti significatione. Servis urbanis legatis quidam urbana mancipia non loco, sed opere separant, ut, licet in praediis rusticis sint, tamen si opus rusticum non faciant, urbani videntur. dicendum autem est, quod urbani intellegendi sunt, quos pater familias inter urbanos adnumerare solitus sit: quod maxime ex libellis familiae, item cibariis deprehendi poterit. 1Venatores et aucupes utrum in urbanis an in rusticis contineantur, potest dubitari: sed dicendum est, ubi pater familias moraretur et hos alebat, ibi eos numerari. 2Muliones de urbano ministerio sunt, nisi propter opus rurestre testator eos destinatos habebat. 3Eum, qui natus est ex ancilla urbana et missus in villam nutriendus, interim in neutris esse quidam putant: videamus, ne in urbanis esse intellegatur, quod magis placet. 4Servis lecticariis legatis si idem lecticarius sit et cocus, accedet legato. 5Si alii vernae, alii cursores legati sunt, si quidam et vernae et cursores sint, cursoribus cedent: semper enim species generi derogat. si in specie aut in genere utrique sint, plerumque communicabuntur.
The Same, Concerning the Meaning of the Term Equipment. When urban slaves are bequeathed, certain authorities divide those living in a city, not by their place of residence but by their occupations, so that although they may be in country places, still, if they do not perform rural labor, they are held to be urban slaves. It must, however, be said that they should be considered urban slaves whom the head of the family is accustomed to include among those belonging to the city, and this can readily be ascertained from the register of the slaves, as well as from the food which is furnished them. 1It may be doubted whether slaves employed as hunters and bird-catchers should be included among urban or rustic slaves. It must, however, be said that they should belong to the place where the head of the household lives, and furnishes them support. 2Muleteers belong to the class of urban slaves, unless the testator employed them in rural labors. 3Some authorities hold where a child is born to a female slave belonging to the city, and it is sent into the country to be brought up, that it belongs to neither class. Let us see whether it should not be understood to be included along the urban slaves. This appears to be the better opinion. 4Where slaves who are litter-bearers are bequeathed, and one of them is both a litter-bearer and a cook, he will be included in the legacy. 5Where slaves born in the house are bequeathed to one person, and others who are couriers are bequeathed to another, and some of the number belong to both these classes, they will be included among the couriers, for the reason that the species is subordinate to the genus. Where two slaves belong to the same genus or species, they are generally held in common.
Dig. 33,10,4Idem libro singulari de instrumenti significatione. Redae et sedularia suppellectili adnumerari solent.
The Same, Concerning the Meaning of Equipment. A four-wheeled chariot and its cushions are included in the term household goods.