[PAULUS libro secundo decretorum. ] §32.0.97.prHosidius quidam instituta filia Ualeriana herede actori suo Antiocho data libertate praedia certa et peculium et reliqua relegauerat tam sua quam colonorum: legatarius proferebat manu patris familiae reliquatum et tam suo quam colonorum nomine: item in eadem scriptura adiectum in hunc modum: 'item quorum rationem reddere debeat', scilicet quae in condito habuerat pater familias frumenti uini et ceterarum rerum: quae et ipsa libertus petebat et ex reliquis esse dicebat: et apud praesidem optinuerat.
[PAULUS, from his second book of Decrees.] A certain Hosidius, having appointed his daughter Valeriana as heir, and having granted freedom to his manager Antiochus, had bequeathed to him certain estates, his peculium, and the arrears, both his own and those of the coloni. The legatee produced a statement of arrears in the handwriting of the paterfamilias, both in his own name and in that of the coloni. Moreover, there was added in the same document as follows: "likewise the things of which he ought to render an account", which meant the wheat, wine, and other things which the paterfamilias had kept in the storehouse. The freedman claimed these things as well, saying that they were part of the arrears, and he had won his case before the governor.
ex diuerso cum diceretur reliqua colonorum ab eo non peti nec propria, diuersam autem causam esse eorum, quae in condito essent, imperator interrogauit partem legatarii: 'quaerendi causa pone', inquit, 'in condito centiens aureorum esse, quac in usum sumi solerent: diceres totum, quod esset relictum in arca, deberi'? et placuit recte appellasse.
On the other side, when it was argued that the arrears of the coloni could not be claimed by him, nor indeed his own, and that the case of the things in the storehouse was different, the Emperor questioned the advocate of the legatee: "For the sake of inquiry, suppose," he said, "that there were ten million aurei in the storehouse, which were accustomed to be taken for use; would you say that the whole sum left in the chest was due?" And it was held that the appeal was well founded.
a parte legatarii suggestum est quaedam a colonis post mortem patris familias exacta.
On the part of the legatee, it was suggested that certain arrears had been exacted from the coloni after the death of the paterfamilias.
respondit hoc, quod post mortem exactum fuisset, reddendum esse legatario.
He replied that what had been exacted after his death must be restored to the legatee.