Julianus, Digest, Book XLIII. Where anyone seizes a freeman by force, and keeps him in chains, he is most unworthy of the advantages enjoyed by a possessor, because it cannot be proved that, at the time that proceedings were first instituted, the man was free.

The Same, Digest, Book XLIII. Where a testator directed his legatee to pay ten aurei to his two heirs, and to take for himself a certain tract of land, the better opinion is that the heir cannot divide the condition, unless the legacy is also divided. Therefore, although he may have paid five aurei to one of the heirs, he can claim no part of the land unless he pays the remaining five to the heir who enters upon the estate; or if he should reject it, he pays the entire ten to the one who alone accepts it.

The Same, Digest, Book XLIII. Where a testator bequeaths a grant of freedom as follows, “Let Stichus be free, if my heir does not manumit him by his will,” the intention of the testator is held to be that the slave will be free if the heir does not grant him freedom by his will. Hence, if the heir should emancipate the slave by his will, the condition is considered to have failed; if he does not emancipate him, the condition will be fulfilled at the time of the death of the heir, and the slave will obtain his freedom. 1If a slave held in common is ordered to be free under the condition of his paying ten aurei, he can pay the said sum out of his peculium, no matter in what way he may have obtained it; nor does it make any difference whether the peculium was in the hands of the heir, or in those of a joint-owner; or whether the slave was ordered to pay the money to the heir, or to a stranger. For it is a rule of general application that slaves who are to be free conditionally can alienate property belonging to their peculium for the purpose of complying with a condition upon which their freedom is dependent. 2Where two slaves are ordered to be free on condition of rendering their accounts, and they have transacted business separately, there is no doubt that they can also comply with the condition separately. If, however, their administration has been conducted in common, and is so confused that it cannot be divided, it necessarily happens that if one of them fails to render an account, he will prevent the other from obtaining his freedom; nor will the condition be held to have been complied with with reference to one of them, unless both or either should pay all which may be found to be due as a balance after examination of the accounts. 3Where a slave is ordered to be free under the condition that he will swear that he will ascend to the Capitol, and immediately takes such an oath, he will become free even if he does not ascend to the Capitol. 4The slave of the heir, who is ordered to deliver property belonging to the heir himself, and be free, will be entitled to his freedom, because the testator can order the slave of the heir to be manumitted without imposing the condition of giving anything. 5The following clause, “Let Stichus be free when he is thirty years old; Stichus shall not be free unless he pays ten aurei,” has the same effect as if it had been said that they should let Stichus be free if he pays ten aurei and reaches the age of thirty years. For the deprivation of freedom, or of the legacy which is bequeathed under a certain condition, is considered to impose the contrary condition upon the legacy or the grant of freedom previously made.

Julianus, Digest, Book XLIII. He who avails himself of this interdict to prevent any work done in a public place from causing damage to a private individual can employ an attorney, although the proceeding under the interdict has reference to a public place.

The Same, Digest, Book XLIII. It is evident that a surety can properly be taken on account of the action De peculio, which will lie against the father.