[IDEM libro uicensimo secundo quaestionum. ] §40.5.22.prSi legatario fundi decem pretii nomine relicta sint in hoc, ut seruum suum manumittat, quamuis fundi legatum adgnouerit, si tamen pecuniae propter interuentum Falcidiae non adgnouerit, cogendus est et pecuniam accipere habita legis Falcidiae ratione et seruo fideicommissariam libertatem praestare, cum semel fundi legatum adgnouit.
[The same, Book XXII of Questions.] If ten has been left under the name of a price to the legatee of a tract of land for this purpose, that he should manumit his own slave, although he has accepted the legacy of the land, if however he has not accepted that of the money because of the intervention of the Lex Falcidia, he must be compelled both to receive the money, taking into account the proportion of the Lex Falcidia, and to grant the trust-freedom to the slave, since he has once accepted the legacy of the land.
§40.5.22.1A duobus heredibus qui tres seruos habebat petit, ut duos ex his quos uoluissent manumittant: altero heredum latitante alter declarat, quos uelit manumittere.
A testator, who had three slaves, requested of two heirs that they should manumit two of them whom they wished: while one of the heirs is in hiding, the other declares whom he wishes to manumit.
potest dici fieri liberos, ut perinde libertas competat, ac si praesens solus manumittere potuisset.
It can be said that they become free, so that freedom belongs to them just as if the one present had been able to manumit alone.
quod si ex seruis unus decesserit, siue iusta ex causa absit heres siue fari non possit a quo petitum est, decernente praetore duos qui supersunt fieri liberos conuenit.
But if one of the slaves has died, whether the heir of whom it was requested is absent for a just cause or is unable to speak, it is agreed that, by decree of the praetor, the two who survive become free.
§40.5.22.2Cum is qui fideicommissam libertatem praestare debet iusta ex causa abest aut latitat: aut quidam praesentes sunt, alii ex iusta causa absunt, nonnulli frustrandi gratia fideicommissi copiam sui non faciunt: aut ei, qui libertatem debuit, heres non extitit: aut suus heres hereditate se abstinuit: praetor pronuntiare debet ex testamento Lucii Titii fideicommissam libertatem competere.
When he who ought to grant the trust-freedom is absent for a just cause or is in hiding; or some are present, others are absent for a just cause, and some do not present themselves for the purpose of frustrating the trust; or no heir has succeeded to him who owed the freedom; or a self-successor has abstained from the inheritance: the praetor ought to pronounce that the trust-freedom belongs under the testament of Lucius Titius.
idque senatus consulto demonstratum est, quo senatus consulto comprehensum est, ne dubium et obscurum esset, cuius libertus fieret, praetorem pronuntiare debere, qui ex iusta causa et qui detractandae libertatis gratia absit.
And this has been shown by a senate decree, by which senate decree it was included, lest it should be doubtful and obscure whose freedman he would become, that the praetor ought to pronounce who is absent for a just cause, and who is absent for the purpose of evading the freedom.