Humanitext Reader

Justinian I · The Digest of Justinian §33.6.6.pr

Scope of Wine Legacy and Wine in Casks Without Vessel Mention

Passage 5047 of 9271 · Latin

Summary

Discusses the scope of a legacy of wine when no vessels are mentioned, and whether wine in jars or casks is included, using the analogy of a legacy of slaves with their peculium.

[PROCULUS libro quinto epistularum. ] §33.6.6.prCui uinum heres dare damnatus est, quod in amphoris et cadis diffusum est dari debet, etiamsi uasorum mentio facta non est.
[PROCULUS from the fifth book of Epistles.] The person to whom the heir has been ordered to give wine must be given that which is poured into amphorae and jars, even if no mention of the vessels was made.
item quamuis cum uasis cadis legatum est, tamen id quoque, quod in doliis, legatum esse uidetur, sicuti, si seruos omnes cum peculio cuiusque eorum legasset, etiam eos, quibus peculii nihil esset, legasse uideretur.
Likewise, although it was bequeathed 'with vessels and jars', nevertheless that wine also which is in large jars is deemed to be bequeathed, just as, if he had bequeathed all slaves with the peculium of each of them, he would be deemed to have bequeathed also those who had no peculium.

Notes

  1. §33.6.6.prCui — The relative pronoun `Cui` is in the dative, with its antecedent (the legatee) implied. It functions as the indirect object of the main passive verbal expression `dari debet`.
  2. §33.6.6.prcum uasis cadis — This is an asyndetic construction or explanatory apposition, which can be interpreted as 'with vessels, namely jars' or 'with vessels and jars'.
  3. §33.6.6.prsi seruos omnes cum peculio cuiusque eorum legasset, etiam eos, quibus peculii nihil esset, legasse uideretur — The conditional sentence `si ... legasset ... uideretur` employs the pluperfect subjunctive in the protasis and the imperfect subjunctive in the apodosis to present a hypothetical case, illustrating the rule for wine by analogy to a legacy of slaves with their peculium.

Cite this passage

Justinian I, The Digest of Justinian §33.6.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.6.6.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.