[UENULEIUS libro septimo actionum. ] §40.12.44.prLicet dubitatum antea fuit, utrum seruus dumtaxat an libertus iurando patrono obligaretur in his quae libertatis causa imponuntur, tamen uerius est non aliter quam liberum obligari.
[UENULEIUS, in the seventh book on Actions.] Although it was previously doubted whether a slave only or a freedman was bound to a patron by an oath in those matters which are imposed for the sake of freedom, yet it is more correct that he is not bound otherwise than as a free man.
ideo autem solet iusiurandum a seruis exigere, ut hi religione adstricti, posteaquam suae potestatis esse coepissent, iurandi necessitatem haberent, dummodo in continenti, cum manumissus est, aut iuret aut promittat.
Moreover, the reason why it is customary to exact an oath from slaves is that they, bound by religious obligation, after they have begun to be in their own power, might have the necessity of swearing, provided that, immediately when he is manumitted, he either swears or promises.
§40.12.44.1Licet autem circa donum munus operas etiam uxorum personas inserere.
Moreover, it is permitted to insert also the persons of wives in respect of a gift, a service, or labor-services.
§40.12.44.2In eum, qui impubes iurauerit, scilicet qui et iurare potuerit, danda est utilis actio operarum nomine, cum pubes tamen factus erit.
Against one who, being under puberty, has taken an oath (that is, of course, one who was also capable of taking an oath), an analogous action (utilis actio) on the account of labor-services ought to be granted, yet only when he has reached puberty.
potest tamen et impubes operas dare, ueluti si nomenculator sit uel histrio.
However, even a person under puberty can perform labor-services, for example if he is a nomenclator or an actor.