[GAIUS libro quarto decimo ad edictum prouinciale. ] §38.1.22.prCum patronus operas stipulatus sit, tunc scilicet committitur stipulatio, cum poposcerit nec libertus praestiterit.
[GAIUS, in the fourteenth book on the provincial edict.] When a patron has stipulated for services, the stipulation is, of course, committed at the moment when he has demanded them and the freedman has not performed them.
nec interest, adiecta sint haec uerba 'cum poposcero' an non sint adiecta: aliud enim est de operis, aliud de ceteris rebus.
And it makes no difference whether these words 'when I shall have demanded' are added or are not added; for it is one thing in the case of services, and another in the case of other things.
cum enim operarum editio nihil aliud sit quam officii praestatio, absurdum est credere alio die deberi officium, quam quo is uellet, cui praestandum est.
For since the performance of services is nothing other than the rendering of duty, it is absurd to believe that the duty is owed on any other day than that on which he, to whom it is to be rendered, wishes.
§38.1.22.1Cum libertus promiserit patrono operas se daturum neque adiecerit 'liberisque eius', constat liberis eius ita demum deberi, si patri heredes extiterint.
When a freedman has promised the patron that he will give services, and has not added 'and to his children,' it is established that they are owed to his children only if they have become heirs to their father.
heredes tamen extitisse liberos parenti ita demum prodesse ad operarum petitionem Iuliano placet, si non per alium heredes extiterunt.
However, it is Julian's opinion that the fact that children have become heirs to their parent benefits them for the purpose of demanding services only if they have not become heirs through another person.
itaque si quis exheredato emancipato filio seruum eius heredem instituerit et per eum seruum heres extiterit filius, repelli eum ab operarum petitione debere, perinde ac repelleretur patronus, qui operas non imposuisset uel quas imposuit reuendidisset.
Therefore, if anyone, having disinherited his emancipated son, has appointed his son's slave as heir, and through that slave the son has become heir, he must be repelled from demanding the services, just as a patron would be repelled who had not imposed services or had resold those which he had imposed.
§38.1.22.2In omnibus operis praecipue obseruandum est, ut temporis spatia, quae ad curam corporis necessaria sunt, liberto relinquantur.
In all services, it must be especially observed that intervals of time which are necessary for the care of the body are left to the freedman.