Pomponius, On Sabinus, Book VII. The peculium is not what the slave keeps an account of separately from his master, but is what the master himself has set aside, keeping a distinct account from that of the slave; for since the master can take away the entire amount of peculium from the slave, or increase or diminish it, the question to be considered is not what the slave, but what the master has done for the purpose of creating a peculium for the slave. 1I think this to be true, however, where a master wishes to release the slave from a debt, so that if the master has remitted what the slave owed by his mere will, the slave ceases to be his debtor, but if the master keeps his accounts in such a way that he makes himself appear indebted to the slave, when in fact he is not his debtor, I think that the contrary opinion is correct, for a peculium should be increased not by words but by business matters. 2From these rules it is apparent that not what a slave has without the knowledge of his master belongs to the peculium, but whatever he has with his consent, otherwise what a slave steals from his master will become a part of the peculium, which is not true. 3It often happens, however, that the peculium of a slave suffers diminution without the knowledge of his master; for example, where a slave damages his property, or commits theft. 4If you commit theft against me with the aid of my slave, this must be deducted from the peculium to the amount by which it is less than what I can recover on account of the stolen property. 5If the peculium of the slave is exhausted by the debts due to the master, the property nevertheless remains in the condition of peculium; for if the master should give a debt to the slave, or some other party should pay the master in the name of the slave, the peculium will be filled up, and there will be no need of a new grant by the master. 6Not only is that to be included in the peculium of any slaves of which they keep an account separate from the master, but also that which they have separate from the property of a slave to whose peculium they belong.

Pomponius, On Sabinus, Book VII. If the master has given security against threatened injury with reference to a house which is part of the peculium, this should be taken into account, and therefore security should be furnished by the party who is bringing suit on the peculium.

Pomponius, On Sabinus, Book VII. If I should bequeath a legacy to you absolutely, and then afterwards should say, “Let my heir give him such-and-such a tract of land, in addition, if a ship should arrive from Asia,” the better opinion is that, by the words, “In addition,” what is first mentioned is repeated. Just as when we say, “Lucius Titius gave five thousand aurei to the people, and Seius has given, in addition, a distribution of meat,” we understand Seius to have also given five thousand aurei. And where it is said, “Titius received five aurei and Seius a tract of land in addition,” we understand that Seius has likewise received five aurei.

Pomponius, On Sabinus, Book VII. If anyone should give himself to his creditor to be arrogated, and proceedings based on the peculium are instituted against the arrogator, I think that the same rule will apply with reference to the heir.

Pomponius, On Sabinus, Book VII. If you wish to bequeath his peculium to your slave, or to your son as a preferred legacy, the property included in the peculium must be specially bequeathed, to prevent what he owes you from being deducted from the same.

Pomponius, On Sabinus, Book VII. If, after a slave has been bequeathed, his freedom has been left him under a trust, the heir or the legatee will be compelled to manumit him. 1“If Stichus and Pamphilus, pay ten aurei, let them be free;” one of them can become free by paying five aurei, even though the other may not pay anything. 2Where a slave is ordered to be free by a will, he immediately becomes free just as soon as one of several appointed heirs enters upon the estate.

Pomponius, On Sabinus, Book VII. A slave can legally bring suit against his master where the freedom has been bequeathed to him by a trust.

Pomponius, On Sabinus, Book VII. Whenever the meaning of a grant of freedom is doubtful, a decision must be rendered in favor of liberty.