[SCAEUOLA libro tertio responsorum. ] §33.8.26.pr'Titi fili, e medio praecipito sumito tibique habeto domum illam, item aureos centum': alio deinde capite peculia filiis praelegauit.
[From the third book of Scaevola's Opinions.] 'Titus, my son, take in advance from the estate, take, and have for yourself that house, and likewise a hundred gold pieces': then in another clause he bequeathed the peculia to his sons in advance.
quaesitum est, an peculio praelegato et centum aurei et usurae eorum debentur, cum rationibus breuiariis in aere alieno et sortem et usuras inter ceteros creditores complexus sit.
The question was asked whether, when the peculium was pre-bequeathed, both the hundred gold pieces and their interest are owed, since in his summary accounts he had included both the principal and the interest among the other creditors under liabilities.
respondit, si id faenus nomine filii exercuisset et usuras ita, ut proponeretur, filio adscripsisset, id quoque peculio legato deberi.
He replied that if he had conducted that lending business in the name of his son and had credited the interest to his son in the manner proposed, this also was owed under the bequest of the peculium.