Notae ad Scaevolae Digestorum libros
Ex libro VII
Dig. 18,7,10Scaevola libro septimo digestorum. Cum venderet Pamphilam et Stichum, venditioni inseruit pactum conventum, uti ne eadem mancipia Pamphila et Stichus, quos minorato pretio vendidit, alterius servitutem quam Seii paterentur post mortemque eius in libertate morarentur: quaesitum est, an haec mancipia, de quibus inter emptorem et venditorem convenit, post mortem emptoris iure ipso liberata sint. respondit secundum constitutionem divi Hadriani super hoc prolatam Pamphilam et Stichum, de quibus quaereretur, si manumissi non sint, liberos non esse. Claudius: Divus Marcus ex lege dicta libertatis in vendendo quamvis non manumissos fore liberos in semenstribus constituit, licet in mortis tempus emptoris distulit venditor libertatem.
Scævola, Digest, Book VII. A certain man sold Pamphilus and Stichus, and inserted in the contract of sale that, as he had sold the said slaves at a low price, they should be subject to no servitude but that of Seius, and that, after his death, they should remain in freedom. The question arose whether the slaves, concerning whom this agreement had been made between the purchaser and the vendor, would become free by mere operation of law, after the death of the purchaser? The answer was that, in accordance with the Constitution of the Divine Hadrian, promulgated with reference to this point, if Pamphilus and Stichus, the slaves in question, were not manumitted, they would not become free. Claudius says that the Divine Marcus decided that where a condition of freedom was inserted in the contract of sale, the slaves would become free in six months, even if they were not manumitted, although the vendor had deferred their freedom until the death of the purchaser.