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Justinian I · The Digest of Justinian §50.16.167.pr

Scope of Fuel Included Under Charcoal and Firewood

Passage 8981 of 9271 · Latin

Summary

The passage discusses whether construction timber, processed wood, fruit stones, and pine-cones are included under the legal terms 'charcoal' or 'firewood', or if they constitute distinct categories.

[ULPIANUS libro uicensimo quinto ad Sabinum. ] §50.16.167.pr'Carbonum' appellatione materiam non contineri: sed an 'lignorum'? et fortassis quis dicet nec lignorum: non enim lignorum gratia habuit.
[ULPIANUS, in the twenty-fifth book on Sabinus.] By the term 'charcoal', timber is not included; but is it included under the term 'firewood'? And perhaps someone will say, not even under firewood; for he did not hold it for the sake of firewood.
sed et titiones et alia ligna cocta ne fumum faciant utrum ligno an carboni an suo generi adnumerabimus? et magis est, ut proprium genus habeatur.
But as for firebrands and other wood prepared so as not to make smoke, shall we reckon them as firewood, or as charcoal, or as a class of their own? And it is more reasonable that they be regarded as a class of their own.
sulpurata quoque de ligno aeque eandem habebunt definitionem.
Matches made of wood will also equally have the same definition.
ad faces quoque parata non erunt lignorum appellatione comprehensa, nisi haec fuit uoluntas.
Things prepared for torches will also not be included under the term 'firewood', unless such was the intention.
idem et de nucleis oliuarum, sed et de balanis est, uel si qui alii nuclei.
The same is true also of olive-stones, and of acorns, or any other kernels.
de pinu autem integri strobili ligni appellatione continebuntur.
But in the case of the pine, whole pine-cones will be included under the term 'firewood'.

Notes

  1. §50.16.167.prcontineri — This infinitive clause (accusative with infinitive) presupposes the omission of a governing verb of opinion or statement (such as respondit 'he replied' or placuit 'it was held'), which is a common ellipsis at the beginning of Digest fragments.
  2. §50.16.167.prhabuit — The subject of the verb habuit (third-person singular perfect) is not explicitly stated, but in context it refers to the 'owner' or 'testator' of the property in question.
  3. §50.16.167.prmagis est — The impersonal expression magis est means 'it is more correct' or 'it is preferable,' and takes the following ut clause (with the subjunctive habeatur) as its substantive subject clause.

Cite this passage

Justinian I, The Digest of Justinian §50.16.167.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.167.pr

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