Notae ad Scaevolae Digestorum libros
Ex libro XVII
Dig. 34,1,15Scaevola libro septimo decimo digestorum. A filio herede codicillis Seiae decem reliquit et alumno his verbis: ‘Maevio infanti alumno meo quadringenta dari volo, quae peto a te, Seia, suscipias et usuras ei quincunces in annum usque vicesimum aetatis praestes eumque suscipias et tuearis’. quaesitum est, an Seia, postquam legatum suum acceperit, si nolit pecuniam alumno relictam suscipere vel in suscipienda ea cessaverit, onus alimentorum ex die mortis testatoris compellenda sit adgnoscere. respondit secundum ea quae proponerentur compellendam praestare, cum fideicommissum sit. idem quaesiit, an heres quoque Seiae in annos viginti alimenta praestare debeat. respondit debere. 1Testator concubinae mancipia rustica numero octo legavit et his cibaria praestari iussit in haec verba: ‘eisque mancipiis, quae supra legavi, cibarii nomine ab heredibus meis praestari volo, quae me vivo accipiebant’. quaesitum est, cum vivo testatore semper mancipia rustica tempore messium et arearum delegata fuerint et eo tempore cibaria ex ratione domini sui numquam acceperint excepto custode praedii, an heres eius quoque temporis, id est messis et arearum, et cibaria concubinae pro mancipiis rusticis praestare deberet. respondit eum, cuius notio est, aestimaturum. Claudius: merito: nam si eodem modo, quo apud testatorem fuerunt, et apud concubinam futura legavit, non debebantur eius temporis, de quo quaesitum est, cibaria: verum si velut in ministerium urbanum ab his transferentur, debebuntur. 2Titia decedens testamento ita cavit: ‘omnibus libertis libertabusque meis cibaria et vestiaria, quae viva praestabam, dari praestarique volo’: quaesitum est, cum tribus solis eo tempore, quo ea vixit, sicut rationibus continebatur, cibaria et vestiaria praestiterit, an heres eius a ceteris quoque libertis conveniri possit, an vero tribus tantum sit obnoxius, qui rationibus ipsius cibaria et vestiaria accepisse reperiuntur? respondit ab omnibus.
Scævola, Digest, Book XVII. A testator, having appointed his son his heir, by a codicil charged him with the payment of ten aurei to Seia, and provided for a foster-child as follows: “I desire forty aurei to be given to my foster-child, Mævius, which sum I ask Seia to take charge of, and to pay to Mævius the interest on the same at the rate of five per cent per annum, until he reaches the age of twenty years; and I also ask her to take charge of him, and rear him.” The question arose, if Seia, after having received her legacy, should refuse or neglect to take charge of the money left for the benefit of the foster-child, whether she would be compelled to assume the obligation of furnishing support for him from the time of the death of the testator. The answer was that, according to the facts stated, she would be compelled to provide support, as she had been charged with the execution of the trust. It was also asked whether the heir of Seia would be required to furnish Mævius support until he reached his twentieth year? The answer was that he would be required to do so. 1A testator bequeathed to his concubine eight slaves belonging to his country seat, and directed her to provide them with food as follows: “I wish the said slaves whom I have bequeathed, as above stated, to be furnished with food by my heirs, just as they were during my lifetime.” As the slaves during the life of the testator were always employed in farm labor during harvest, and when the grain was threshed, and, with the exception of the steward in charge of the land at that time, never received any food provided by their master; the question arose whether the heir would be obliged to furnish the concubine, at that time also, that is to say during the season of harvest and threshing, with provisions for the said slaves belonging to the farm. The answer was that this must be left to the court having jurisdiction of the case. Claudius: This is reasonable, for if the slaves were to be employed in the same way by a concubine, as they had been by the testator, it would not be necessary for food to be furnished them during the time in question. If, however, they had been bequeathed for service in the city, food must be furnished them. 2Titia, at the time of her death, provided as follows in her will: “I wish the food and clothing which I have been accustomed to furnish them during my lifetime to be given to all my freedmen and freed-women.” As during her lifetime she only furnished food and clothing to three of them, which was shown by her accounts, the question arose whether her heir could be sued by the remaining freedmen, or whether he would only be liable to the three who were found by the accounts of the testatrix to have previously received food and clothing. The answer was that he would be liable to all.