[PAULUS libro secundo ad legem Iuliam et Papiam. ] §38.1.37.pr'Qui libertinus duos pluresue a se genitos natasue in sua potestate habebit praeter eum, qui artem ludicram fecerit quiue operas suas ut cum bestiis pugnaret locauerit: ne quis eorum operas doni muneris aliudue quicquam libertatis causa patrono patronae liberisue eorum, de quibus iurauerit uel promiserit obligatusue erit, dare facere praestare debeto'.
[PAULUS, in his second book on the Lex Julia et Papia.] 'Whatever freedman shall have in his power two or more sons or daughters begotten of himself, except for one who has practiced the theatrical art or who has hired out his services to fight with wild beasts: let no one of them be bound to give, do, or perform services, a gift, a present, or anything else for the sake of manumission to his patron, patroness, or their children, concerning which things he has sworn, promised, or bound himself'.
§38.1.37.1Et si non eodem tempore duo in potestate habuerit uel unum quinquennem, liberabitur operarum obligatione.
And even if he does not have two in his power at the same time, or if he has one five years old, he will be released from the obligation of services.
§38.1.37.1aAmissi antea liberi ad eas operas, quae postea imponuntur, prosunt, ut Iulianus ait.
Children previously lost are of benefit toward those services which are imposed afterwards, as Julianus says.
§38.1.37.2Sed et si uno amisso obliget se, deinde alter nascatur, multo magis Pomponius ait amissum huic iungi, uti liberetur.
But even if, after having lost one, he binds himself, and then another is born, Pomponius says that it is much more the case that the lost one is joined to this one, so that he may be released.
§38.1.37.3Nihil autem interest, utrum ipsi promittat patrono an eis qui in potestate eius sint.
Moreover, it makes no difference whether he promises to the patron himself or to those who are in his power.
§38.1.37.4Sed si creditori suo libertum patronus delegauerit, non potest idem dici: solutionis enim uicem continet haec delegatio.
But if a patron has delegated his freedman to his own creditor, the same cannot be said: for this delegation contains the equivalent of payment.
potest tamen dici, si in id, quod patrono promisit, alii postea delegatus sit, posse eum liberari ex hac lege: nam uerum est patrono eum expromisisse, quamuis patrono nunc non debeat: quod si ab initio delegante patrono libertus promiserit, non liberari eum.
It can, however, be said that if, regarding that which he promised to his patron, he is afterwards delegated to another, he can be released under this statute: for it is true that he made the promise to the patron, although he does not now owe the patron: but if from the beginning, with the patron delegating, the freedman made the promise, he is not released.
§38.1.37.5Non solum futurarum, sed etiam praeteritarum operarum liberatio fit.
Release is made not only of future, but also of past services.
§38.1.37.6Iulianus etiam si iam petitae sunt operae, liberis sublatis absolutionem faciendam.
Julianus says that even if the services have already been demanded, if children have been raised, absolution must be made.
sed si iam operarum nomine condemnatus est, non potest liberari, quoniam iam pecuniam debere coepit.
But if he has already been condemned under the name of services, he cannot be released, since he has already begun to owe money.
§38.1.37.7Postumus liberti heredes patris sui non liberat, quod proficisci liberatio a liberto debet nec quisquam post mortem liberari intellegi potest.
A posthumous child of a freedman does not release the heirs of his father, because release must proceed from the freedman, and no one can be understood to be released after death.
autem nati liberi prosunt.
But children already born are of benefit.
§38.1.37.8Etiamsi in personam liberti collata liberatio est, fideiussores quoque liberabuntur ex sententia legis: quod si libertus expromissorem dederit, nihil hoc caput ei proderit.
Even if the release was conferred upon the person of the freedman, the sureties also will be released according to the intent of the statute; but if the freedman has given a substitute debtor, this chapter will not benefit him.