[SCAEUOLA libro septimo decimo digestorum. ] §34.1.15.prA filio herede codicillis Seiae decem reliquit et alumno his uerbis: 'Maeuio infanti alumno meo quadringenta dari uolo, quae peto a te, Seia, suscipias et usuras ei quincunces in annum usque uicesimum aetatis praestes eumque suscipias et tuearis'.
[SCAEVOLA, in the seventeenth book of the Digests.] By a codicil, [the testator] bequeathed ten to Seia from his son who was his heir, and also to her foster-child in these words: 'I wish four hundred to be given to my infant foster-child Maevius, which I ask you, Seia, to receive, and to pay him five percent interest until his twentieth year of age, and to receive and protect him.' The question was asked whether Seia, after she had received her own legacy, if she should refuse to receive the money bequeathed to the foster-child or should delay in receiving it, can be compelled to acknowledge the burden of maintenance from the day of the testator's death.
quaesitum est, an Seia, postquam legatum suum acceperit, si nolit pecuniam alumno relictam suscipere uel in suscipienda ea cessauerit, onus alimentorum ex die mortis testatoris compellenda sit adgnoscere. respondit secundum ea quae proponerentur compellendam praestare, cum fideicommissum sit.
He answered that, according to the facts proposed, she must be compelled to provide [it], since it is a trust.
idem quaesiit, an heres quoque Seiae in annos uiginti alimenta praestare debeat.
The same person asked whether the heir of Seia also ought to provide maintenance for twenty years.
respondit debere.
He answered that he ought to.
§34.1.15.1Testator concubinae mancipia rustica numero octo legauit et his cibaria praestari iussit in haec uerba: 'eisque mancipiis, quae supra legaui, cibarii nomine ab heredibus meis praestari uolo, quae me uiuo accipiebant'. quaesitum est, cum uiuo testatore semper mancipia rustica tempore messium et arearum delegata fuerint et eo tempore cibaria ex ratione domini sui numquam acceperint excepto custode praedii, an heres eius quoque temporis, id est messis et arearum, et cibaria concubinae pro mancipiis rusticis praestare deberet.
A testator bequeathed eight rustic slaves to his concubine, and ordered that provisions be provided to them in these words: 'And I wish to be provided by my heirs, under the name of provisions, to those slaves whom I have bequeathed above, what they used to receive while I was alive.' The question was asked, since during the lifetime of the testator the rustic slaves had always been assigned during the time of harvest and threshing, and during that time had never received provisions from their master's account, with the exception of the watchman of the estate, whether his heir ought to provide provisions to the concubine for the rustic slaves also for that period, that is, of harvest and threshing.
respondit eum, cuius notio est, aestimaturum.
He answered that he who has jurisdiction over the matter should evaluate it.
CLAUDIUS: merito: nam si eodem modo, quo apud testatorem fuerunt, et apud concubinam futura legauit, non debebantur eius temporis, de quo quaesitum est, cibaria: uerum si uelut in ministerium urbanum ab his transferentur, debebuntur.
CLAUDIUS: Rightly so: for if he bequeathed them to be with the concubine in the same manner as they were with the testator, the provisions for that period, concerning which the question was asked, were not owed; but if they should be transferred by her as if to urban service, they will be owed.
§34.1.15.2Titia decedens testamento ita cauit: 'omnibus libertis libertabusque meis cibaria et uestiaria, quae uiua praestabam, dari praestarique uolo': quaesitum est, cum tribus solis eo tempore, quo ea uixit, sicut rationibus continebatur, cibaria et uestiaria praestiterit, an heres eius a ceteris quoque libertis conueniri possit, an uero tribus tantum sit obnoxius, qui rationibus ipsius cibaria et uestiaria accepisse reperiuntur? respondit ab omnibus.
Titia, on her death, provided thus in her will: 'I wish provisions and clothing, which I provided while alive, to be given and provided to all my freedmen and freedwomen.' The question was asked, since during the time she lived, as was contained in the accounts, she had provided provisions and clothing to only three, whether her heir could be sued also by the other freedmen, or whether he is liable only to the three who are found in her accounts to have received provisions and clothing. He answered, by all.