[MAECIANUS libro quinto decimo fideicommissorum. ] §40.5.32.prSed si alienare quidem sit paratus, non ante tamen id uelit facere, quam sibi in pretium satisfiat, non erit manumittere compellendus, ne et seruum manumittat et interdum nihil aut minus consequatur, si forte is, qui rogatus est manumittere, soluendo non sit.
[MAECIANUS libro quinto decimo fideicommissorum.] But if the owner is indeed ready to alienate, yet does not wish to do so before satisfaction is made to him for the price, he shall not be compelled to manumit, lest he both manumit the slave and sometimes obtain nothing or less, if by chance the person who was requested to manumit is insolvent.
§40.5.32.1Inuito tamen seruo neque alii neque domino eam rem persequi concedendum est, quia non tale sit hoc fideicommissum, ex quo domino quid adquiratur: alioquin ipsi datum uideretur.
However, if the slave is unwilling, neither anyone else nor the owner should be allowed to pursue this matter, because this trust is not of such a nature that anything is acquired for the owner through it; otherwise, it would seem to have been given to the owner himself.
quod potest contingere, si testator pluris eum seruum, quam quanti est, redimi ac manumitti uoluit: nam tunc et domino erit fideicommissi persecutio, cuius interest praeter uerum pretium id, quod plus ei iussus est dare, consequi, et serui, ut ad libertatem perueniat.
This can happen if the testator wanted that slave to be redeemed and manumitted for more than his real value; for then, both the owner—who has an interest in obtaining, in addition to the true price, that which the person was ordered to give him extra—and the slave, so that he may attain freedom, will have the right to pursue the trust.
§40.5.32.2Quod eueniet et si rem alienam certa pecunia redimere atque alii praestare heres uel legatarius intellegerentur: namque tunc et domino rei et ei, cui eadem praestare deberet, persecutionem esse: utriusque enim interesse et domini, ut praeter pretium accipiat, quo pluris eam testator redimi iussit, et eius cui relicta est, ut eam habeat.
This will also happen if the heir or legatee is understood to redeem another's property for a certain sum of money and perform it to another; for then there is a right of pursuit both for the owner of the thing and for the person to whom it ought to be performed. For it is in the interest of both: of the owner, that he receive, in addition to the price, that which the testator ordered it to be redeemed for at a higher rate; and of the person to whom it was left, that he may have it.