[ULPIANUS libro secundo de officio consulis. ] §25.3.5.prSi quis a liberis ali desideret uel si liberi, ut a parente exhibeantur, iudex de ea re cognoscet.
[ULPIAN, On the Office of Consul, book 2.] If a parent desires to be maintained by his children, or if children desire to be provided for by a parent, the judge shall investigate the matter.
§25.3.5.1Sed utrum eos tantum liberos qui sunt in potestate cogatur quis exhibere, an uero etiam emancipatos uel ex alia causa sui iuris constitutos, uidendum est.
But we must consider whether a person is compelled to provide only for those children who are under his power, or indeed also for those who are emancipated or have become independent for some other reason.
et magis puto, etiamsi non sunt liberi in potestate, alendos a parentibus et uice mutua alere parentes debere.
And I am rather of the opinion that, even if the children are not under power, they ought to be maintained by their parents, and conversely, they ought to maintain their parents.
§25.3.5.2Utrum autem tantum patrem auumue paternum proauumue paterni aui patrem ceterosque uirilis sexus parentes alere cogamur, an uero etiam matrem ceterosque parentes et per illum sexum contingentes cogamur alere, uidendum.
Furthermore, we must consider whether we are compelled to maintain only the father, the paternal grandfather, the paternal great-grandfather, the father of the paternal grandfather, and other ascendants of the male sex, or indeed whether we are also compelled to maintain the mother and other ascendants, including those connected through that sex.
et magis est, ut utrubique se iudex interponat, quorundam necessitatibus facilius succursurus, quorundam aegritudini: et cum ex aequitate haec res descendat caritateque sanguinis, singulorum desideria perpendere iudicem oportet.
And it is more correct that the judge should intervene in both cases, being ready to relieve the needs of some and the infirmity of others; and since this matter derives from equity and natural affection of blood, the judge ought to weigh the individual claims of each person.
§25.3.5.3Idem in liberis quoque exhibendis a parentibus dicendum est.
The same must also be said regarding the provision for children by their parents.
§25.3.5.4Ergo et matrem cogemus praesertim uolgo quaesitos liberos alere nec non ipsos eam.
Therefore, we shall compel a mother to maintain her children, especially those born out of wedlock, and likewise them to maintain her.
§25.3.5.5Item diuus Pius significat, quasi auus quoque maternus alere compellatur.
Likewise, the Divine Pius indicates that a maternal grandfather also is compelled to provide maintenance.
§25.3.5.6Idem rescripsit, ut filiam suam pater exhibeat, si constiterit apud iudicium iuste eam procreatam.
The same Emperor also replied by rescript that a father must provide for his daughter, if it is established before the court that she was lawfully begotten.
§25.3.5.7Sed si filius possit se exhibere, aestimare iudices debent, ne non debeant ei alimenta decernere.
But if a son is able to support himself, the judges ought to consider whether they should not refuse to decree maintenance for him.
denique idem Pius ita rescripsit: 'Aditi a te competentes iudices ali te a patre tuo iubebunt pro modo facultatium eius, si modo, cum opificem te esse dicas, in ea ualetudine es, ut operis sufficere non possis'. §25.3.5.8Si uel parens neget filium idcircoque alere se non debere contendat, uel filius neget parentem, summatim iudices oportet super ea re cognoscere.
Finally, the same Pius replied by rescript as follows: "The competent judges, on being approached by you, will order that you be maintained by your father according to his means, provided that, although you state you are an artisan, you are in such a state of health that you cannot support yourself by your labor." If either a parent denies that the other is his child and therefore contends that he does not owe maintenance, or a child denies that the other is his parent, the judges must investigate the matter summarily.
si constiterit filium uel parentem esse, tunc ali iubebunt: ceterum si non constiterit, nec decernent alimenta.
If it is established that the person is indeed the child or the parent, they shall then order maintenance to be provided; but if it is not established, they shall not decree maintenance.
§25.3.5.9Meminisse autem oportet, etsi pronuntiauerint ali oportere, attamen eam rem praeiudicium non facere ueritati: nec enim hoc pronuntiatur filium esse, sed ali debere: et ita diuus Marcus rescripsit.
However, we must remember that, even if they have declared that maintenance ought to be provided, nevertheless that decision does not prejudice the truth; for it is not declared hereby that the person is the son, but that he ought to be maintained; and the Divine Marcus replied by rescript to this effect.
§25.3.5.10Si quis ex his alere detrectet, pro modo facultatium alimenta constituentur: quod si non praestentur, pignoribus captis et distractis cogetur sententiae satisfacere.
If any of these persons refuses to provide maintenance, the amount of maintenance shall be determined according to their means; and if it is not provided, they shall be compelled to satisfy the judgment by the seizure and sale of pledges.
§25.3.5.11Idem iudex aestimare debet, num habeat aliquid parens uel an pater quod merito filios suos nolit alere: Trebatio denique Marino rescriptum est merito patrem eum nolle alere, quod eum detulerat.
The same judge must also consider whether a parent or a father has some reason for which he may rightfully refuse to maintain his children; finally, it was replied by rescript to Trebatius Marinus that a father rightfully refused to maintain his son because the son had denounced him.
§25.3.5.12Non tantum alimenta, uerum etiam cetera quoque onera liberorum patrem ab iudice cogi praebere rescriptis continetur.
It is contained in the rescripts that a father is compelled by the judge to provide not only maintenance but also the other expenses of his children.