Francisci Hotomani iurisconsulti observationum liber IIII

which Scaevola looked to in the said section "Flavius." From all these things, one has the opportunity to judge the blindness, or perhaps the stupidity, of Tribonianus and his associates.

Places of Paulus and Modestinus called into inquiry. CHAPTER V.

Recently, some collected fragments of the ancient iurisconsulti jurisconsults/legal experts have been published, through the singular favor of the most learned man P. Pithoeus, where under the title "on deposit" I believe there is an error: in that place which is brought forward from the Pauli Sententiae Opinions of Paulus 2, thus: "Deposit is, as if 'long placed,' it must be kept, which is given to be guarded for a short time." As if to "deposit" deponere were to place for a long time, because of the particle DE, which (as Ulpianus says) obtains the force of augmenting. Law 1, Digest, on that title. Which was the ancestral custom of the Stoics (that is, the legal experts, most of whom followed that sect) to direct the notations of words more toward the discipline than toward the truth, as in the words "Loan" Mutuum, "Possession" Possessio, "Testament" Testamentum, "Donation" Donatio, and similar ones. But yet (to speak truly) that place of Paulus is greatly suspicious to me, and it would please me more thus: "Deposit is, as if 'placed to be kept long'; Commendation Commendatum is that which is given to be guarded for a short time." As if nothing else differs between them except the span of time. Law 18, 6, Digest, on the meaning of words. Therefore, a body is said to be "commended" which is said elsewhere to be "deposited for the sake of time," until it is committed to proper burial and an eternal seat. Law "and if anyone" 14, section "expense"; law "if anyone" 40, Digest, on religious matters. Furthermore, under the same title, section 1, another place of Modestinus, equally suspicious to me, is read thus: "One convened by an action of loan for use is also compelled to provide for fault."