[IDEM libro septimo decimo digestorum. ] §32.0.35.prPatronus liberto statim tribum emi petierat: libertus diu moram ab herede patroni passus est et decedens heredem reliquit clarissimum uirum: quaesitum est, an tribus aestimatio heredi eius debeatur.
A patron had requested that a tribe be purchased immediately for his freedman; the freedman suffered a long delay from the heir of the patron, and on dying left a most distinguished man as his heir. The question was asked whether the valuation of the tribe was owed to his heir.
respondit deberi.
He answered that it was owed.
idem quaesiit, an et commoda et principales liberalitates, quas libertus ex eadem tribu usque in diem mortis suae consecuturus fuisset, si ei ea tribus secundum uoluntatem patroni sui tunc comparata esset, an uero usurae aestimationis heredi eius debeantur.
The same person asked whether either the advantages and imperial liberalities which the freedman would have obtained from the same tribe up to the day of his death, if that tribe had then been purchased for him according to the will of his patron, or indeed the interest on the valuation, were owed to his heir.
respondi, quidquid ipse consecuturus esset, id ad heredem suum transmittere.
I answered that whatever he himself would have obtained, he transmits to his heir.
§32.0.35.1Sempronio ita legauit: 'Sempronius sumito praedia mea omnia, quae sunt usque ad praedium, quod uocatur Gaas, finibus Galatiae, sub cura uilici Primi, ita ut haec omnia instructa sunt'. quaesitum est, cum in eodem confinio praediorum unum sit praedium non Galatiae, sed Cappadociae finibus, sub cura tamen eiusdem uilici, an etiam id praedium cum ceteris ad Sempronium pertineat.
To Sempronius he bequeathed as follows: 'Let Sempronius take all my estates which are up to the estate called Gaas, on the borders of Galatia, under the care of the bailiff Primus, just as all these are equipped.' The question was asked whether, since in the same boundary of the estates there is one estate not on the borders of Galatia but of Cappadocia, yet under the care of the same bailiff, this estate also belongs to Sempronius along with the others.
respondit et hoc deberi.
He answered that this also was owed.
§32.0.35.2Libertis, quos nominauerat, ita legauit: 'fundum Trebatianum, qui est in regione Atellata, item fundum Satrianum, qui est in regione Niphana, cum taberna dari uolo'. quaesitum est, cum inter fundos, quos supra legauit, sit quidem fundus uocabulo Satrianus, in regione tamen Niphana non sit, an ex causa fideicommissi libertis debeatur.
To the freedmen whom he had named, he bequeathed as follows: 'I wish the Trebatian estate, which is in the Atellat region, and likewise the Satrian estate, which is in the Niphan region, to be given with the tavern.' The question was asked whether, since among the estates which he bequeathed above there is indeed an estate named Satrianus, but it is not in the Niphan region, it is owed to the freedmen by cause of the trust-bequest.
respondit, si nullus esset Satrianus in regione Niphana et de eo sensisse testatorem certum sit, qui alibi esset, non idcirco minus deberi, quia in regione designanda lapsus esset.
He answered that if there were no Satrianus in the Niphan region and it was certain that the testator had in mind the one which was elsewhere, it was no less owed because he had erred in designating the region.
§32.0.35.3Codicillis confirmatis ita cauit: 'Tiburtibus municipibus meis amantissimisque scitis balineum Iulianum iunctum domui meae, ita ut publice sumptu heredum meorum et diligentia decem mensibus totius anni praebeatur gratis'. quaesitum est, an et sumptus refectionibus necessarios heredes praestare debeant.
In a confirmed codicil he provided as follows: 'To my most beloved and refined fellow citizens of Tibur, the Julian bath adjoined to my house, so that it shall be provided to the public for free by the expense and care of my heirs for ten months of the whole year.' The question was asked whether the heirs must also provide the expenses necessary for repairs.
respondit secundum ea quae proponerentur uideri testatorem super calefactionis et praebitionis onus de his quoque sensisse, qui ad cottidianam tutelam pertineant, quibus balineae aut instruuntur aut denique inter solitas cessationum uices parari purgarique, ut habiles ad lauandum fierent, sint solitae.
He answered that according to the facts proposed, it appeared that the testator, beyond the burden of heating and providing, had also in mind those things which pertain to daily maintenance, by which baths are either equipped or finally prepared and cleaned during the usual periods of cessation so that they might become fit for bathing.