[IDEM libro octauo decimo digestorum. ] §34.1.16.prAlimenta et uestiaria libertis suis dedit: quaesitum est, an, quia nominatim a Moderato uno ex heredibus dari iussit testator, solus Moderatus debeat, non etiam post mortem Moderati heredes eius.
[BY THE SAME AUTHOR, in the eighteenth book of the Digests.] [A testator] gave maintenance and clothing to his freedmen. The question was asked whether, because the testator had ordered them to be given specifically by Moderatus, one of his heirs, Moderatus alone owed [them], or whether after the death of Moderatus his heirs also [owed them].
respondit et heredes teneri.
He answered that the heirs also are bound.
§34.1.16.1Libertis libertabusque, item quos quasque testamento codicillisue manumiserat, alimenta commoda, quae uiua praestabat, dari iusserat: item omnibus libertis libertabusque fundos: quaesitum est, an ad ea legata admitteretur liberti paterni libertus, cui scribere solebat ita: ἀπὸ ῥογφίνης ἡμετέρῳ ἀπελεγθέρῳ: epistula etiam emissa ad ordinem ciuitatis, unde oriunda erat, petierat, uti publice (quod medicus erat) salaria ei praestarentur, manifestando litteris suis eum suum esse libertum.
[The testatrix] had ordered that the appropriate maintenance, which she provided while alive, be given to her freedmen and freedwomen, and likewise to those whom she had manumitted by will or codicil; likewise, [she had ordered] lands [to be given] to all her freedmen and freedwomen. The question was asked whether the freedman of her father's freedman could be admitted to these legacies, to whom she used to write thus: "From Rogphina, to our freedman"; and she had also, by a letter sent to the council of the city from which she originated, requested that salaries be publicly provided to him (because he was a physician), declaring in her letter that he was her own freedman.
respondit eum, cuius notio est, aestimaturum, ut, si quidem uiua ea et ei praestabat, nihilo minus ad fideicommissum admitteretur, aliter uero non.
He answered that he who has jurisdiction over the matter should evaluate it, so that, if indeed she provided [them] to him also while she was alive, he should nonetheless be admitted to the trust, but otherwise not.
§34.1.16.2Basilice libertae decem dedit, quam apud Epictetum et Callistum libertos esse uoluit, ut, cum fuerit Basilice annorum uiginti quinque, cum usuris quincuncibus restituerentur ita, ut ex usuris aleretur, prout aetatem ampliauerit: quaesitum est, an ex alio capite, quo generaliter libertis libertabusque cibaria et uestiaria et habitationem reliquit, etiam Basilice deberentur.
[A testator] gave ten to his freedwoman Basilice, whom he wished to be with Epictetus and Callistum, his freedmen, so that when Basilice reached twenty-five years of age, [the ten] should be restored to her with five percent interest, in such a way that she should be maintained from the interest as she advanced in age. The question was asked whether, under another clause by which he had generally left provisions, clothing, and housing to his freedmen and freedwomen, [these] were owed also to Basilice.
respondit secundum ea quae proponerentur non deberi, nisi hoc quoque ei datum probaretur.
He answered that, according to the facts proposed, they were not owed, unless it should be proved that this also had been given to her.
CLAUDIUS: quia destinauerat alimentis eius usuras pecuniae, quas specialiter ei praelegauerat.
CLAUDIUS: Because he had designated for her maintenance the interest on the money, which he had specifically pre-bequeathed to her.
§34.1.16.3Qui societatem omnium bonorum suorum cum uxore sua per annos amplius quadraginta habuit, testamento eandem uxorem et nepotem ex filio aequis partibus heredes reliquit et ita cauit: 'item libertis meis, quos uiuus manumisi, ea quae praestabam'. quaesitum est, an et qui eo tempore, quo societas inter eos permansit, manumissi ab utrisque et communes liberti facti sunt, ea quae a uiuente percipiebant solida ex fideicommisso petere possint.
A man who had a partnership of all his goods with his wife for more than forty years, by his will left the same wife and a grandson by his son as heirs in equal shares, and provided thus: 'Likewise, to my freedmen, whom I manumitted while alive, what I used to provide [to them].' The question was asked whether those also who, during the time the partnership remained between them, had been manumitted by both and became common freedmen, can claim the whole of what they received during his lifetime under the trust.
respondit non amplius, quam quod uir pro sua parte praestabat, deberi.
He answered that no more is owed than what the husband provided for his own share.