[IDEM libro nono quaestionum. ] §40.4.22.prQui filium impuberem heredem instituit, Stichum ratione argenti, quod sub cura eius esset, reddita liberum esse iusserat: is seruus parte argenti subtracta cum tutore diuisit atque ita tutor ei parem rationem adscripsit.
[THE SAME in the ninth book of Questions.] A man who had appointed his impubertal son as heir had ordered that Stichus should be free upon rendering an account of the silver which was under his care. This slave, having subtracted a portion of the silver, divided it with the tutor, and the tutor accordingly recorded that the account was balanced.
consultus, an Stichus liber esset, respondit non esse liberum: nam quod alioquin placeat, si statuliber pecuniam dare iussus tutori det uel per tutorem stet, quo minus condicioni pareatur, peruenire eum ad libertatem, ita accipiendum, ut bona fide et citra fraudem statuliberi et tutoris id fiat, sicut et in alienationibus rerum pupillarium seruatur.
On being consulted whether Stichus was free, he answered that he was not free. For the rule which is otherwise accepted—namely, that if a slave conditionally free, being ordered to pay money, pays it to the tutor, or if it is due to the tutor that the condition is not fulfilled, he attains his freedom—must be understood in such a way that this occurs in good faith and without fraud on the part of both the conditionally free slave and the tutor, just as is observed in the alienations of the pupillary property.
itaque et si offerente statulibero pecuniam tutor in fraudem pupilli accipere nolit, non aliter libertatem contingere, quam si seruus fraude careat.
Therefore, even if the tutor, in fraud of the pupil, refuses to accept the money offered by the conditionally free slave, freedom is not attained unless the slave is free from fraud.
eademque et de curatore dicenda.
And the same must be said of a curator.
item quaesitum est, rationem argenti reddere iussus in quem modum intellegendus sit condicioni paruisse, id est an, si quaedam uasa sine culpa eius perierint atque ita reliqua uasa heredi bona fide adsignauerit, perueniat ad libertatem.
It was also asked in what manner a slave ordered to render an account of the silver should be understood to have fulfilled the condition; that is, whether, if certain vessels have perished without his fault, and he has thus in good faith delivered the remaining vessels to the heir, he attains his freedom.
respondit peruenturum: nam sufficere, si ex aequo et bono rationem reddat: denique quam rationem bonus pater familias reciperet, ea heredi reddita impletam condicionem uideri.
He answered that he would attain it; for it is sufficient if he renders an account in accordance with what is fair and good. In short, whatever account a good father of a family would accept, when rendered to the heir, the condition is deemed to be fulfilled.