Senatus consultorum libri
Ex libro III
Dig. 40,12,43Pomponius libro tertio senatus consultorum. De his, qui bona eorum quibus serviebant intercepissent, deinde ad libertatem proclamabant, Hadrianus imperator rescripsit, cuius rescripti verba haec sunt: ‘Sicut non est aequum fiducia libertatis, quae ex fideicommissi causa praestanda est, intercipere hereditariam pecuniam, ita nec libertati praestandae moram quaeri oportet. quam primum ergo arbitrum dare debeat, apud quem constaret, quid servari potest heredi, antequam ad servum manumittendum compelleretur’.
Pomponius, Decrees of the Senate, Book III. The Emperor Hadrian published a Rescript with reference to those who had stolen the property of the persons whom they were serving as slaves, and afterwards demanded their freedom, the words of which Rescript are as follows: “As it is not just that a slave, in expectation of his freedom, should take property belonging to the estate of his master, where freedom is to be granted him under the terms of a trust, so it is not necessary to seek for any reason to delay the grant of his freedom.” Hence, in the first place, an arbiter should be appointed, in whose presence it should be determined what can be preserved for the heir, before he can be compelled to manumit the slave.