[SCAEUOLA libro quinto decimo digestorum. ] §33.8.23.prDominus Sticho seruo suo, qui bona liberti eius gessit, cui pro parte dimidia testamento heres exstiterat, in quibus negotiis gestis et kalendaria fuerunt, testamento suo libertatem dederat, si rationem reddidisset, eique peculium suum per fideicommissum dedit: Stichus summas, quibus reliquatus erat tam ex kalendario quam ex uariis causis, reddidit manentibus debitoribus, pro quibus ipse pecuniam heredibus patroni refuderat, libertatemque adeptus decessit.
[From the fifteenth book of Scaevola's Digests.] A master had by his testament granted freedom to his slave Stichus, who had managed the assets of his [the master's] freedman (to whom [the freedman] the master had succeeded by testament as heir to a half share), in which management of affairs there were also debt-registers, on condition that he should render accounts; and he had given his peculium to him by way of fideicommissum. Stichus paid the sums in which he was in arrears, both from the debt-register and from various other causes, while the debtors (on whose behalf he himself had refunded the money to the patron's heirs) remained [liable], and having obtained his freedom, he deceased.
quaesitum est, an heredibus Stichi aduersus nomina debitorum, pro quibus Stichus pecuniam heredibus patroni intulit, heredes patroni ex causa fideicommissi compellendi sint actiones praestare, cum nihil aliud a Sticho patrono debitum fuerit.
The question was asked whether, on account of the fideicommissum, the patron's heirs must be compelled to assign actions to Stichus's heirs against the claims of the debtors on whose behalf Stichus paid the money to the patron's heirs, since nothing else was owed by Stichus to the patron.
respondit praestandum.
He answered that they must be assigned.
§33.8.23.1Testamento codicillisue seruos manumisit et peculia legauit et de Sticho ita cauit: 'Stichum seruum meum liberum esse uolo eique uolo dari decem aureos et quidquid ex ratione loculorum meorum habet: rationes autem heredibus meis dari uolo.
By testament or codicils, a man manumitted slaves and bequeathed their peculia, and concerning Stichus he provided thus: 'I wish my slave Stichus to be free, and I wish ten aurei to be given to him, and whatever he has from the account of my cash-boxes: but I wish the accounts to be given to my heirs.
his omnibus, quos hoc testamento manumisi, peculia sua concedi uolo'.
To all these, whom I have manumitted by this testament, I wish their peculia to be granted'.
quaesitum est, an, quod amplius rationi loculorum in diem mortis erogauit Stichus ex peculio suo, ab heredibus recipere debeat, cum ex consuetudine domus esset, ut quidquid amplius ex suo in ratione loculorum erogasset, dominica ratio ei deberet atque exsolucret.
The question was asked whether Stichus ought to receive back from the heirs that which he had expended from his own peculium in excess on the account of the cash-boxes up to the day of death, since it was the custom of the household that whatever more he had expended from his own funds on the account of the cash-boxes, the master's account owed to him and would pay.
respondit secundum ea, quae propter consuetudinem proponerentur, id quoque peculio legato contineri, quod et dominica ratio deberet et solita erat reddere.
He answered that, according to what was proposed on account of the custom, that also which the master's account owed and was accustomed to pay back was contained in the bequeathed peculium.
§33.8.23.2Seruis libertates legataque dederat et condicionem ita scripserat: 'ὅσους κατέλιπον ἐλευθέρους καὶ τὰ ληγάτα αὐτοῖς, τούτους βούλομαι εἶναι ἀνεξέταστους'.
He had given freedoms and legacies to slaves, and had written the condition thus: 'Whoever I left free and the legacies to them, these I wish to be exempt from audit'.
quaesitum est, an peculia quoque legata his uidebuntur.
The question was asked whether peculia also will be deemed to have been bequeathed to them.
respondit secundum ea quae proponerentur non uideri legata.
He answered that according to what was proposed, they do not seem to have been bequeathed.
§33.8.23.3Item quaesitum est, an ex isdem uerbis reliqua rationum quasi legata retinere possint, aut si res dominicas apud se habuerint, aut, si qui eorum coloni praediorum fuerunt, pensiones.
Likewise it was asked whether, from the same words, they could retain the balances of accounts as if bequeathed, or if they had master's property in their possession, [or] if any of them were tenant farmers of estates, the rents.
respondit supra responsum.
He answered that this was answered above.