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Justinian I · The Digest of Justinian §34.2.36.pr

Legacy of a Golden Cup and Choice from Drinking Vessels

Passage 5196 of 9271 · Latin

Summary

The testator bequeathed a golden cup (poculum) of her choice to Seia, but only ladles, cups, small measures, and saucers remained in the estate; the jurist replies that she can choose from them since they are all vessels prepared for drinking.

[SCAEUOLA libro tertio responsorum. ] §34.2.36.pr'Seiae dulcissimae poculum aureum quod elegerit fidei heredum committo ut darent'. quaero, cum in hereditate non sint nisi truellae scyphi modioli phialae, an Seia de his speciebus eligere possit.
[SCAEVOLA, in the third book of his Opinions.] "I trust to the good faith of my heirs that they should give to my dearest Seia the golden cup which she shall have chosen." I ask, since there are nothing in the inheritance except ladles, cups, small measures, and saucers, whether Seia can choose from these kinds.
respondit, cum omnia potui parata pocula dicuntur, posse eam ex his eligere.
He replied that, since all are said to be cups prepared for drinking, she can choose from them.

Notes

  1. §34.2.36.prut darent — The imperfect subjunctive `darent` is used in the `ut` clause depending on the present tense verb `committo`. This is due to the sequence of tenses (consecutio temporum) where `committo` acts as a historical present, reflecting the past perspective of the testator when writing the will.
  2. §34.2.36.prpotui — The dative case of the fourth-declension noun `potus, -us` (drinking). It is used here as a dative of purpose ("for drinking"), modifying `parata` (prepared).
  3. §34.2.36.prcum ... dicuntur — The conjunction `cum` (since/because) expressing cause is used here with the indicative (`dicuntur`) instead of the classical subjunctive. This construction emphasizes the objective fact of the reason, or reflects a post-classical usage.

Cite this passage

Justinian I, The Digest of Justinian §34.2.36.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.2.36.pr

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