[ULPIANUS libro quinto disputationum. ] §40.5.45.prSi debitor rogatus sit a creditore ancillam suam pigneratam manumittere, dicendum est fideicommissariam libertatem utiliter relictam a debitore.
[ULPIANUS in the fifth book of discussions.] If a debtor is requested by his creditor to manumit his pledged female slave, it must be said that the liberty under trust is validly left by the debtor.
quid enim interest, certa quantitas ab eo relinquatur an fideicommissaria libertas? et siue plus sit in pretio siue minus, cogitur libertatem praestare, si modo semel agnouit uoluntatem creditoris.
For what difference does it make whether a certain sum is left by him or a liberty under trust? And whether the price is more or less, he is compelled to grant the liberty, provided that he has once acknowledged the will of the creditor.
adgnouisse autem sic accipimus, si forte, cum conueniretur ab herede, usus est exceptione uel alias uoluntatem suam ostendit: nam si conueniatur debitor ab herede creditoris, doli exceptione uti potest in id, quod intererit debitoris ancillam suam habere.
Moreover, we understand "to have acknowledged" in this way, if by chance, when he was sued by the heir, he used an exception or otherwise showed his will; for if the debtor is sued by the heir of the creditor, he can use the exception of fraud to the extent of the debtor's interest in keeping his female slave.
§40.5.45.1In fideicommissaria libertate, quamuis quis modicum legatum fuerit consecutus, necesse habet seruum suum manumittere: pecuniarium enim fideicommissum si diuisum fuerit, satis iniuriam facit libertati quam fideicommissario: satius est igitur eum, qui adgnouit legatum, onerari quam libertatem intercidere.
In the case of a liberty under trust, even if someone has obtained only a modest legacy, he is bound to manumit his slave; for if a pecuniary trust is divided, it does more injury to liberty than to the beneficiary under the trust; it is therefore better for him who acknowledged the legacy to be burdened than for the liberty to be lost.
§40.5.45.2Quotiens seruo uel ancillae fideicommissaria libertas relinquitur, in ea condicione est, ut, quoad manumittatur, seruilis condicionis sit: et quidem si nullam moram praestandae libertati qui praestare debet fecit, nihil de statu eorum mutatur: ideoque eos interim legari posse, sed cum sua causa, constat.
Whenever a liberty under trust is left to a male or female slave, they are in such a condition that, until they are manumitted, they are of slave status; and indeed, if he who ought to grant the liberty has made no delay in granting it, nothing is changed concerning their status; and therefore it is established that they can in the meantime be legacy-bequeathed, but with their own condition attached.