Francisci Hotomani iurisconsulti observationum liber IIII

What, therefore, are we little men to decide in that contest of princes or of Giants? What, indeed, if we show that Papinianus himself, as at other times more than once, fought with himself in this question? For when he had written that in Book IX of Questions, he nevertheless wrote this in Book III of Responsions: He who converted money deposited with him, not sealed, with the condition that he return an equal amount, to his own uses, after delay is also to be condemned in interest by the judgment of deposit. Law on the day of betrothal 25, section 1, Digest, on deposit. Finally, I confess I do not even sufficiently understand what Alfenus writes in the aforementioned law in the ship: if I give silver to a smith so that he may make a cup for me, or gold so that he may make a ring, that by agreement it goes into credit, and the ownership is changed, and one thing is returned for another. For even if the material is one thing and the species made from it is another, law if it has been agreed 18, section penultimate, Digest, on pledge action; Law 6, Digest, on legacy of gold and silver. Nevertheless, it can be understood even from this that the material remains in the ownership of the one who gave it, because as far as fortuitous events go, it is at his risk. Law 2, in the end; law item it is asked 13, section if a gem, Digest, on letting and hiring; law if a slave 27, section if a chalice, Digest, on the Aquilian Law. Although, as far as theft is concerned, it is at the risk of the contractor. Law he who buys 14, section what kind, Digest, on theft. But doubtless this contention was born from that other dispute, when material is given that is changed, whether it is a sale or a lease. Law 2; law it is agreed 65, Digest, on contract of sale, which dispute we have explained in another place. What is the need for words? For Pomponius so clearly repudiates this opinion of Alfenus, in law he writes 34, Digest, on gold and silver, that so open a disagreement cannot be concealed without calumny. Although, he says, the gold is at the goldsmith's, the ownership