DOLIUM

4 definitions found across Law Mind sources

DOLIUMAuthored
The Law Mind • 829 words
Definition
In old English law, a dolium was a specific unit of liquid measure — a tun or large cask. The term was used in legal and commercial contexts to describe a vessel of defined capacity, enabling consistent measurement for trade, taxation, and storage. Fleta describes the dolium as containing fifty-two sextaries of four gallons each, yielding a total capacity of approximately 208 gallons. The dolium also appears as a synonym for a hogshead in some sources, though these were not always equivalent in practice. The term derives from Roman usage, where a dolium was a large earthenware storage jar used throughout the ancient Mediterranean world for wine, olive oil, grain, and other goods. In English legal sources, the word crossed over from civil law and continental trade usage, carrying its vessel-and-measure sense into medieval commercial regulation.
Common Language
Modern common usage (Wiktionary): A large earthenware vessel used for storage and transportation of goods, especially wine and olive oil, in the ancient Western Mediterranean. Historical common usage (Webster's 1913): A genus of large univalve mollusks, including the partridge shell and tun shells. The common and legal meanings share a connection — both evoke a large, rounded container — but the legal usage is specific and technical: a dolium in English law is not merely any large jar but a defined unit of measure with a fixed capacity. A researcher encountering dolium in a medieval writ, assize record, or customs document should read it as a precise quantity, not a generic vessel description.
Common Confusion
Burrill's entry for dolium runs together two distinct legal meanings under a single heading: the vessel-and-measure sense and the civil law concept of dolus (fraud; evil design). These are unrelated terms sharing a common root form in abbreviated Latin legal writing. Dolus, defined in the Digests after Labeo as omnem calliditatem, fallaciam, machinationem ad circumveniendum — every form of cunning, deceit, or contrivance to defraud another — is a foundational concept in Roman and civil law. A researcher who encounters "dolium" in a civil law or equity context should verify whether the source actually intends dolus. The conflation in Burrill appears to be a typographical or editorial compression artifact, not a genuine legal equivalence.
Why It Matters in Research
The primary research trap with dolium is the Burrill compression problem described above. Burrill's entry presents the vessel-measure meaning and what is plainly a dolus (fraud) definition in a single continuous block, creating a false appearance that dolium carries both meanings. It does not. Researchers working in civil law, equity, or Roman law sources who need the fraud concept should be searching under dolus malus or dolus, not dolium. For researchers working in medieval English commercial law, customs records, or assize materials, dolium as a measure of capacity is the operative meaning. Capacity terms in this period were notoriously unstable — the hogshead, tun, pipe, and butt were defined differently by commodity (wine, beer, oil) and varied by region and era. Fleta's specification of fifty-two sextaries of four gallons each is a useful anchor but should not be assumed to control every document. Cross-referencing against the commodity and date of the source will be necessary to confirm the working capacity intended. The term appears rarely in English legal sources compared to its more common synonyms. Researchers are more likely to encounter tun, pipe, or hogshead in standard plea rolls and customs accounts. Dolium signals either a civil law influence, a learned or formal drafting style, or a source with continental trade connections.
Historical Dictionary Support
Burrill is the principal English-language legal dictionary source for this term, and its entry is the basis for most subsequent references. The entry is notable mainly for its unreliability as printed: the dolium (vessel) and dolus (fraud) definitions appear to have been run together through a typesetting or transcription error, requiring careful disaggregation by any researcher relying on it. Fleta, the thirteenth-century English legal treatise, provides the most authoritative medieval English specification of the dolium's capacity, and Burrill correctly cites it. Fleta's treatment is procedural and regulatory in character, situating the dolium within the broader project of standardizing weights and measures under royal authority — a recurrent concern of medieval English governance from Magna Carta forward. Historical dictionaries generally do not treat dolium as a significant independent term; it appears as a subsidiary entry under broader discussions of weights, measures, and vessels.
Jurisdictional Note
Dolium as a unit of measure is a medieval English legal usage with civil law and continental antecedents. It has no meaningful role in modern common law jurisdictions. Researchers in Scots law, canon law, or continental legal history may encounter the vessel in its Roman law sense without the specific English capacity definition.
Related Terms
Dolus; Dolus Malus; Tun; Hogshead; Pipe (measure); Sextary; Weights and Measures (historical); Assize of Weights and Measures; Fraud (civil law); Fleta
DOLIUMmain
Burrill's Law Dictionary • 1867
L. Lat. In old English law. Fraud; evil design; the intentional law. A tun. 2 Ld. Raym. 1468. A endeavoring to injure another by fraudulent hogshead. L. Lat. Dict. Fleta describes delusion, or other unlawful means.* it as containing fifty-two sextaries of four fined in the Digests, after Labeo, to begallons each. Fleta, lib. 2, c. 12, § 71. omnem calliditatem, fallaciam, machinationem ad circumveniendum, fallendum, decipiendum alterum adhibitam; (every kind of craft, deceit and contrivance used to circumvent, deceive and mislead another). Dig. 4. 3. 1. 2. So called to distinguish it from dolus bonus, (justifiable deceit,) which was allowed in certain cases, as in self-defence against an unlawful attack. Id. 4. 3. 1. 3. 1 Mackeld. Civ. Law, 165, § 166. Calv. Lex. Jurid.
DOLIUMn.
Websters Unabridged Dictionary (1913) • 1913
A genus of large univalve mollusks, including the partridge shell and tun shells.
doliumnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A large earthenware vessel used for the storage and transportation of goods (especially wine an olive oil) in the ancient Western Mediterranean.

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