[ALFENUS UARUS libro septimo digestorum. ] §38.1.26.prMedicus libertus, quod putaret, si liberti sui medicinam non facerent, multo plures imperantes sibi habiturum, postulabat, ut sequerentur se neque opus facerent: id ius est nec ne? respondit ius esse, dummodo liberas operas ab eis exigeret, hoc est ut adquiescere eos meridiano tempore et ualetudinis et honestatis suae rationem habere sineret.
[ALFENUS VARUS, in the seventh book of the Digests.] A physician who was a freedman, thinking that if his own freedmen did not practice medicine, he would have many more people employing him, demanded that they should follow him and not practice: is this lawful or not? He answered that it is lawful, provided that he demanded from them free (reasonable) services, that is, that he allowed them to rest at midday and to have regard for their health and respectability.
§38.1.26.1Item rogaui, si has operas liberti dare nollent, quanti oporteret aestimari.
Likewise I asked, if the freedmen should refuse to perform these services, for how much they ought to be valued.
respondit, quantum ex illorum operis fructus, non quantum ex incommodo dando illis, si prohiberet eos medicinam facere, commodi patronus consecuturus esset.
He answered, for as much as the value of their services would be, and not for as much advantage as the patron would have obtained by causing them inconvenience if he prohibited them from practicing medicine.