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Justinian I · The Digest of Justinian §33.6.15.pr

Wine in Large Jars and the Exclusion of Dolia

Passage 5056 of 9271 · Latin

Summary

Proculus discusses the scope of vessels in a bequest of wine, arguing that wine kept in large jars (dolia) is included in the legacy, while explaining that the jars themselves do not accompany the legacy in the same way as amphorae and cadi due to different intentions in storage and sale.

[PROCULUS libro secundo epistularum. ]
[PROCULUS, Letters, Book 2] Someone bequeathed wine with its vessels.
§33.6.15.prUinum cum uasis legauit. negat Trebatius quod in doliis sit deberi et sensum testatoris alium putat esse, uerborum alium: ceterum dolia in uasis uinariis non essent.
Trebatius denies that what is in the large jars is owed, and thinks that the intention of the testator is one thing, that of the words another; moreover, large jars would not be among wine vessels.
ego et si dolia in uasis uinariis non sunt, tamen non concederem Trebatio uinum quod in doliis esset, id est quod in uasis non esset, non esse legatum.
I, even if large jars are not among wine vessels, nevertheless would not concede to Trebatius that the wine which is in large jars—that is, which is not in vessels—has not been bequeathed.
illud uerum esse puto, cui uinum cum uasis legatum erit, ei amphoras cados, in quibus uina diffusa seruamus, legatos esse: uinum enim in amphoras et cados hac mente diffundimus, ut in his sit, donec usus causa probetur, et scilicet id uendimus cum his amphoris et cadis: in dolia autem alia mente coicimus, scilicet ut ex his postea uel in amphoras et cados diffundamus uel sine ipsis doliis ueneat.
I think this is true: that to whomever wine is bequeathed with vessels, to him are bequeathed the amphorae and cadi in which we keep the wine bottled; for we pour wine into amphorae and cadi with this intention, that it remain in them until it is approved for use, and of course we sell it with these amphorae and cadi; but we put wine into large jars with another intention, namely, so that we may later either pour it from them into amphorae and cadi, or so that it may be sold without the large jars themselves.

Notes

  1. §33.6.15.prnegat Trebatius quod in doliis sit deberi — The verb `negat` (denies) governs the accusative-and-infinitive construction `[id] deberi`, whose subject is the substantive relative clause `quod in doliis sit` (what is in the large jars).
  2. §33.6.15.prceterum dolia in uasis uinariis non essent — The subjunctive `essent` (imperfect subjunctive) represents a subordinate clause in indirect discourse reflecting Trebatius's reasoning, or expresses his subjective judgment ('large jars would not be among wine vessels' as he claims).
  3. §33.6.15.prnon concederem Trebatio uinum ... non esse legatum — The double negative formed by `non concederem` (imperfect subjunctive expressing a cautious assertion in the present) and `non esse legatum` in the indirect statement creates a strong positive assertion: 'I would not concede that the wine has not been bequeathed' (meaning 'I would maintain that it has been bequeathed').
  4. §33.6.15.prdonec usus causa probetur — The subject of `probetur` (present subjunctive passive) is the implied `id [uinum]` (wine) from the context, with `usus causa` functioning as an adverbial phrase of purpose ('for the sake of use'). It translates to 'until the wine is approved for use.'

Cite this passage

Justinian I, The Digest of Justinian §33.6.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.6.15.pr

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