[IDEM libro octauo institutionum. ] §36.1.31.prSi legatus suspectam hereditatem dicat, et legationis tempore compellendus est accipere iudicium, quia hic non multum officio occupatur: et licet deliberare se dicat an adeat, cogendus est adire, sed non ut statim restituat, sed ut reuersus domum, si putauerit sibi expedire, commodo Falcidiae uel testamenti utatur uel, si non putauerit, restituat totam hereditatem, ne onera patiatur.
[BY THE SAME AUTHOR, in the eighth book of his Institutes.] Even if an envoy should claim that the inheritance is suspect, he is compelled to accept legal proceedings during the period of his embassy, because in this matter he is not much occupied by his duty; and although he may say that he is deliberating whether to enter upon it, he must be compelled to enter, not so that he must restore it immediately, but so that, having returned home, if he thinks it expedient for himself, he may use the benefit of the Falcidian law or of the testament, or, if he does not think so, he may restore the whole inheritance, so that he does not suffer its burdens.
§36.1.31.1Si quis 'bona sua' uel 'omnia sua' rogauerit restituere, fideicommissariam restitutionem esse intellegendum est: nam meorum et tuorum appellatione etiam actiones contineri dicendum est. §36.1.31.2Si filio familias uel seruo restituatur ignorante patre familias uel domino et postea pater uel dominus ratum habuerit, transeunt ex Trebelliano senatus consulto actiones.
If anyone should request to restore "his own goods" or "all his own things," it must be understood that this is a trust-restitution; for it must be said that even actions are contained under the designation of "mine" and "yours." If restoration is made to a filiusfamilias or a slave without the knowledge of the paterfamilias or master, and afterwards the father or master ratifies it, the actions transfer under the Trebellian Senatusconsultum.
§36.1.31.3Multum interest, utrum quarta pars iure hereditario retineatur an uero in re uel pecunia: nam superiore casu actiones diuiduntur inter heredem et fideicommissarium, posteriore uero apud fideicommissarium sunt actiones.
It makes a great difference whether the fourth part is retained by hereditary right or indeed in a specific thing or money; for in the former case, the actions are divided between the heir and the fideicommissary, but in the latter, the actions belong to the fideicommissary.
§36.1.31.4Et heres institutus rogatusque hereditatem restituere praecepta aliqua summa uel re, etiamsi in praeceptione minus quam quarta pars esset, non amplius principem pati uindicaturum.
And an heir who is appointed and requested to restore the inheritance, having pre-deducted some sum or thing, even if there was less than a fourth part in the pre-deduction, it was ruled that the emperor would no longer permit him to claim more.
§36.1.31.5Sed et si sine ulla praeceptione rogatus fuerit hereditatem restituere, plerumque quarta donata est a principibus: et ita diuus Traianus et Hadrianus et Antoninus rescripserunt.
But even if he was requested to restore the inheritance without any pre-deduction, the fourth part has generally been granted by the emperors; and the deified Trajan, Hadrian, and Antoninus replied in this way by rescripts.