[IDEM libro nono responsorum. ] §40.5.23.prFideicommissaria libertas praetextu compilatae hereditatis aut rationis gestae non differtur.
[The same, Book IX of Responses.] Trust-freedom is not delayed under the pretext of a plundered inheritance or of an unrendered account.
§40.5.23.1Fideicommissariam libertatem ab herede non praestitam cogendus est heredis heres, qui restituit ex Trebelliano senatus consulto hereditatem, praestare, si eius personam eligat qui manumittendus est.
The heir of the heir, who has restored the inheritance under the Trebellian senate decree, must be compelled to grant the trust-freedom that was not granted by the heir, if the person who is to be manumitted chooses his person.
§40.5.23.2Seruum peculii castrensis, quem pater fideicommissi uerbis a legitimis filiis heredibus liberari uoluit, filium militem uel qui militauit, si patris heres extitit, manumittere cogendum respondi, quoniam proprium manumississe defunctus post donationem in filium collatam existimauit: portionem enim a fratre domino fratrem eundemque coheredem citra damnum uoluntatis redimere non cogendum.
Regarding a slave of the castrense peculium, whom the father wished to be set free by the statutory heirs, his sons, through words of trust, I responded that the son who is a soldier or who has served as a soldier, if he has succeeded as his father's heir, must be compelled to manumit him; for the deceased thought that he had manumitted his own property after the donation had been made to the son: indeed, the brother, who is also a co-heir, should not be compelled to redeem the share from the brother who is the owner without defeating the testator's will.
nec ob eundem errorem cetera, quae pater in militiam profecturo filio donauit, fratri, qui mansit in potestate, conferenda, cum peculium castrense filius etiam inter legitimos heredes praecipuum retineat.
Nor, by reason of the same mistake, must other things, which the father gave to the son when he was about to set out for military service, be brought into hotchpot with the brother who remained in power, since the son retains the castrense peculium as a preferential share even among statutory heirs.
§40.5.23.3Etiam fideicommissaria libertas a filio post certam aetatem eius data, si ad eam puer non peruenit, ab herede filii praestituta die reddatur: quam sententiam iure singulari receptam ad cetera fideicommissa relicta porrigi non placuit.
Also, trust-freedom given by a son to be granted after a certain age of his, even if the youth does not reach that age, should be granted on the prescribed day by the heir of the son: it has been decided that this opinion, accepted under special law, should not be extended to other trusts left.
§40.5.23.4Seruum a filio post quinque annos, si eo tempore mercedem diurnam filio praestitisset, manumitti uoluit: biennio proximo uagatus non praestiterat: condicione defectus uidebatur.
He wished a slave to be manumitted by his son after five years, if during that time he had paid a daily wage to the son: having wandered about for the last two years, he had not paid it: he seemed to have failed the condition.
si tamen heres filius (aut tutores eius) ministerium serui per biennium elegisset, eam rem, ex praeterito quod per heredem stetisset, impedimento residuae condicioni non esse constitit.
If, however, the heir who was the son (or his tutors) had chosen the service of the slave during those two years, it was established that this fact, which on account of the past had been due to the heir, is not an obstacle to the remaining condition.