[IDEM libro uicensimo septimo quaestionum. ] §49.17.14.prFilius familias miles si captus apud hostes uita fungatur, lex Cornelia subueniet scriptis heredibus: quibus cessantibus iure pristino peculium pater habebit.
[THE SAME in his twenty-seventh book of Questions.] If a soldier who is a filius familias should die while captured by the enemy, the Lex Cornelia will come to the aid of the written heirs; if they decline the inheritance, the father will have the peculium under his former right.
§49.17.14.1Proxima species uidetur, ut scriptis heredibus deliberantibus, quod seruus interim stipulatus est uel ab alio sibi traditum accepit, quod quidem ad patris personam attinet, si forte peculium apud eum resederit, nullius momenti uideatur, cum in illo tempore non fuerit seruus patris: quod autem ad scriptos heredes, in suspenso fuisse traditio itemque stipulatio intellegatur: ut enim hereditarius fuisse credatur, post aditam fit hereditatem.
The next case seems to be that, while the written heirs are deliberating, what a slave has in the meantime stipulated for or received as delivered to him from another, so far as concerns the person of the father, even if the peculium should happen to remain with him, is seen to be of no effect, since at that time he was not the slave of the father; but as far as concerns the written heirs, the delivery and likewise the stipulation must be understood to have been in suspense; for in order that he may be believed to have belonged to the inheritance, this happens after the inheritance is accepted.
sed paterna uerecundia nos mouet, quatenus et in illa specie, ubi iure pristino apud patrem peculium remanet, etiam adquisitio stipulationis uel rei traditae per seruum fiat.
But respect for the father moves us to the extent that, even in that case where the peculium remains with the father under his former right, the acquisition of the stipulation or of the delivered thing may also be made through the slave.
§49.17.14.2Legatum, quod ei seruo relictum est, quamuis tunc propter incertum nulli sit adquisitum, omisso testamento patri tunc primum per seruum adquiretur, cum, si fuisset exemplo hereditatis peculio adquisitum, ius patris hodie non consideraretur.
A legacy left to that slave, although at that time, because of uncertainty, acquired by no one, will, if the testament is abandoned, only then be acquired for the father through the slave; whereas, if it had been acquired for the peculium after the example of the inheritance, the right of the father would not be considered today.