[PAULUS libro quarto decimo responsorum. ] §22.1.14.prRespondit Paulus moram in soluendo fideicommisso factam partus quoque ancillarum restituendos.
[PAULUS, from the fourteenth book of Opinions.] Paulus answered that default in paying a fideicommissum made it necessary that the offspring of female slaves also should be restored.
§22.1.14.1Heres rogatus erat post mortem suam sine reditu hereditatem restituere: quaesitum est, an partus ancillarum etiam uiuo herede nati restituendi essent propter uerba testamenti, quibus de reditu solo deducendo testator sensit.
An heir had been requested to restore the inheritance after his death without the income: the question was asked whether the offspring of female slaves born even during the lifetime of the heir had to be restored, because of the words of the will, by which the testator meant only the deduction of income.
Paulus respondit ante diem fideicommissi cedentem partus ancillarum editos fideicommisso non contineri.
Paulus answered that the offspring of female slaves born before the vesting day of the fideicommissum were not included in the fideicommissum.
Neratius libro primo ita refert eum, qui similiter rogatus esset, ut mulierem restitueret, partum eius restituere cogendum non esse, nisi tunc editus esset, cum in fideicommisso restituendo moram fecisset.
Neratius, in his first book, reports that a person who had been similarly requested to restore a woman is not to be compelled to restore her offspring, unless it was born at a time when he was in default in restoring the fideicommissum.
neque interesse existimo, an ancilla specialiter an hereditas in fideicommisso sit.
And I think it makes no difference whether a specific female slave or an inheritance is the object of the fideicommissum.