[PAPINIANUS libro nono decimo quaestionum. ] §40.5.21.pr'Rogo, ne Stichus alterius ser'uitutem experiatur'. intellegi datam fideicommissam libertatem placuit principi: quid enim tam contrarium est seruituti quam libertas? nec tamen quasi post mortem heredis data uidebitur: quod eo pertinet, ut, si uiuus eum alienauerit, confestim libertas petatur nec prosit ad impediendam libertatis petitionem, si redemerit eum, cuius semel condicio extitit.
[FROM Papinian, Book XIX of Questions.] "I request that Stichus may not experience the servitude of another." The Emperor decided that a trust-freedom should be understood to have been given; for what is so contrary to servitude as freedom? And yet, it will not be seen as given as if after the death of the heir; which has this effect, that if he alienates him while alive, freedom may be claimed immediately, nor will it be of any use for impeding the petition for freedom if he should redeem him, whose condition has once been fulfilled.
idem probandum est et si non uoluntaria alienatio ab herede facta est: nec refragabitur, quod non per ipsum alienatio facta est.
The same must be approved even if a non-voluntary alienation was made by the heir; nor will it be an objection that the alienation was not made by him personally.
fuit enim quasi statuliber et quacumque ratione condicio impleta est.
For he was, as it were, a conditionally free slave, and by whatever means the condition was fulfilled.