[SCAEUOLA libro quarto responsorum. ] §40.5.41.10Libertatem ita testamento dedit: 'Cupitum seruum meum, cum Marcianus filius meus sedecim annos implenerit, rationibus redditis liberum esse uolo': post mortem testatoris tutores Cupito exactionem commiserunt isque nummos redactos expensauit eisdem tutoribus: deinde filius impubes decessit, cui mater heres extitit et tutorem tutelae iudicio filii condemnatum habuit: Cupitus ad libertatem proclamat eo tempore, quo, si uiueret Marcianus, annos sedecim aetatis habiturus esset, offerens rationes unius anni in diem mortis testatoris, quod ceterae subscriptae fuerunt.
He gave freedom in his will as follows: 'I wish my slave Cupitus to be free, when my son Marcianus shall have completed sixteen years, upon the rendering of his accounts.' After the death of the testator, the tutors committed the collection of debts to Cupitus, and he paid and accounted for the collected money to the same tutors. Afterwards, the son died while still a minor, and his mother became his heir and obtained a judgment against the tutor in an action concerning the tutelage of the son. Cupitus claimed his freedom at the time when, if Marcianus were alive, he would have been sixteen years of age, offering the accounts of one year up to the day of the testator's death, because the rest had been signed and approved.
quaesitum est, an eas quoque rationes, quas tutores periculo suo egerunt, Cupitus reddere compelli debeat.
It was asked whether Cupitus ought to be compelled to render those accounts as well which the tutors managed at their own risk.
respondit eum de quo quaeritur condicioni rationis reddendae ita uideri paruisse, si omne ex eo, quod gessit, recte desiderari potest, reddiderit: nam alteram condicionem humaniore interpretatione ita accipi posse, ut defuncto pupillo tempus, quo, si uiueret, sedecim annos impleret, exspectare satis fuerit.
He replied that the person in question seems to have complied with the condition of rendering accounts if he has rendered everything that can rightfully be demanded from the business he managed; for the other condition could, by a more humane interpretation, be so understood that, since the ward had died, it was sufficient to wait for the time when, if he were alive, he would have completed sixteen years.
§40.5.41.11'Stichus et Damas serui mei, si rationes reddideritis, liberi estote': quaesitum est, an non solum rationes, uerum si qua alia consilio et fraude eorum amota sunt, praestari ab his debeant, ut ad libertatem perueniant.
'My slaves Stichus and Damas, if you shall have rendered your accounts, be free.' It was asked whether, not only the accounts, but also if any other things were removed by their design and fraud, these must be made good by them so that they may obtain freedom.
respondit rationum reddendarum condicioni contineri omne, quod quoquo genere serui actum fidemque respiceret.
He replied that the condition of rendering accounts includes everything that in any way concerned the slave's conduct and good faith.
§40.5.41.12Intra certa tempora condicioni reddendarum rationum non paruerunt, postea parati erant: quaesitum est, an perueniant ad libertatem.
They did not comply with the condition of rendering accounts within the specified times, but afterwards they were ready. It was asked whether they obtain freedom.
respondit, si per ipsos stetisset, quo minus intra tempora praescripta condicioni parerent, non idcirco liberos fore, quod postea rationes uelint reddere.
He replied that if it had been due to themselves that they did not comply with the condition within the prescribed times, they would not be free on the ground that they afterwards wish to render their accounts.
§40.5.41.13'Ab heredibus meis peto fideique eorum committo, cum filius meus sedecim annos impleuerit, Stichum rationibus redditis manumittant': quaero, an eundem seruum testator in diem usque pubertatis filii sui actum agere uoluerit.
'I request my heirs and commit to their trust that, when my son shall have completed sixteen years, they manumit Stichus upon the rendering of his accounts.' I ask whether the testator wished the same slave to manage the business up to the day of his son's puberty.
respondit manifestum esse testatorem huius quoque actus rationem a Sticho reddi uoluisse.
He replied that it was clear that the testator wished the account of this business as well to be rendered by Stichus.
§40.5.41.14'Stichus seruus meus iubeo ut det praestet filiae et uxori meae heredibus meis sine ulla controuersia tot aureos: et ut ipsum manumittant, fidei eorum committo': quaesitum est, cum uxor ab hereditate abstinuerit, utrum duobus an filiae praestare debeat.
'My slave Stichus, I order that he give and pay to my daughter and my wife, my heirs, without any dispute, so many aurei; and I commit to their trust that they manumit him.' It was asked, since the wife abstained from the inheritance, whether he ought to pay both or only the daughter.
respondit filiae, quae heres ex asse extitisse proponeretur, pro solido dandum.
He replied that it must be given in full to the daughter, who was presented as having become the sole heir.
§40.5.41.15Herede filio suo ex asse instituto libertatem dedit in haec uerba: 'December dispensator meus, Seuerus uilicus et Uictorina uilica Seueri contubernalis in annos octo liberi sunto: quos in ministerio filii mei esse uolo: te autem, Seuere fili carissime, peto, uti Decembrem et Seuerum commendatos habeas, quibus praesentem libertatem non dedi, ut idonea ministeria haberes, quos spero te et libertos idoneos habiturum'.
Having appointed his son as sole heir, he gave freedom in these words: 'My dispenser December, Severus the bailiff, and Victorina the female bailiff, the companion of Severus, shall be free after eight years; whom I wish to be in the service of my son.
quaero, cum eo tempore, quo Titius testamentum faciebat, filius natus annorum fuerat nouem et Titius post biennium et sex menses decesserit, anni octo, in quos libertas erat dilata, ex testamenti facti tempore an uero ex mortis numerari debeant.
And I request you, my dearest son Severus, to hold December and Severus commended to you, to whom I did not give immediate freedom so that you might have suitable services, and I hope that you will have them as suitable freedmen.' I ask, since at the time Titius made his will, his son had been nine years of age, and Titius died after two years and six months, whether the eight years, to which the freedom had been delayed, ought to be counted from the time the will was made or indeed from his death.
respondit posse uideri testatorem eos annos octo dilatae libertatis comprehendisse, qui computandi sunt a die testamenti facti, nisi aliud uoluisse testatorem probaretur.
He replied that the testator could be seen to have intended those eight years of delayed freedom which are to be computed from the day the will was made, unless it were proved that the testator wished otherwise.
§40.5.41.16'Spendophorus, cum filia mea in familia nupserit, si rationes idonee filiae meae administratas reddiderit, liber esto': filia cum adhuc pubes esset, uiuo patre decessit et ex substitutione Seius heres extitit: quaero, cum Spendophorus rationes pupillae non administrauerit et uiuo patre familias desierit ipsius rationes administrare et, si uiueret, Titia annos haberet amplius duodecim, an ex testamento liber sit.
'Spendophorus, when my daughter shall have married into another family, if he shall have rendered accounts suitably managed for my daughter, be free.' Since the daughter died while still young during the lifetime of her father, and Seius became heir by substitution, I ask, since Spendophorus did not manage the accounts of the ward and ceased to manage the father's own accounts during the lifetime of the head of the family, and if Titia were alive she would have been more than twelve years old, whether he is free under the will.
respondit, si nullas rationes administrasset, quas reddere heredi deberet, secundum ea quae proponerentur liberum esse.
He replied that if he had managed no accounts which he ought to render to the heir, he was free according to the facts presented.
'Stichum rationibus redditis manumitti uolo'. §40.5.41.17Stichus arcarius probante domino nomina fecit et rationes a domino subscriptas exhibet nec postea nomen ullum fecit: quaero, an, si qui minus soluendo fuerint debitores, quibus alii exactores erant applicati, nondum uideatur condicioni satisfactum.
'I wish Stichus to be manumitted upon the rendering of his accounts.' Stichus the cashier made loans with the approval of his master, and exhibits accounts signed by his master, and did not make any loan thereafter. I ask whether, if there were some debtors who were insolvent, to whom other collectors had been assigned, the condition is not yet seen to be satisfied.
respondit secundum ea quae proponerentur non pertinere ad onus reddendarum rationum, quod soluendo non essent debitores.
He replied that, according to the facts presented, the insolvency of the debtors did not belong to the burden of rendering accounts.