[Alfenus Uarus libro quinto digestorum. ] §33.8.14.prQuidam in testamento ita scripserat: 'Pamphilus seruus meus peculium suum cum moriar sibi habeto liberque esto'. consulebatur, rectene Pamphilo peculium legatum uideretur, quod prius quam liber esset peculium sibi habere iussus esset.
[ALFENUS VARUS on the Digest, Book V] A certain person had written in his will as follows: 'My slave Pamphilus shall have his own peculium for himself when I die, and he shall be free.' Advice was sought as to whether the peculium was deemed to have been lawfully bequeathed to Pamphilus, given that he had been ordered to have his peculium for himself before he was free.
respondit in coniunctionibus ordinem nullum esse neque quicquam interesse, utrum eorum primum diceretur aut scriberetur: quare recte peculium legatum uideri, ac si prius liber esse, deinde peculium sibi habere iussus est.
He answered that in conjoined clauses there is no order, nor does it make any difference which of them is spoken or written first; therefore, the peculium is deemed to have been lawfully bequeathed, just as if he had been ordered first to be free, and then to have his peculium for himself.