Ad edictum praetoris libri
Ex libro XLII
Dig. 37,11,4Ulpianus libro quadragensimo secundo ad edictum. Chartae appellatio et ad novam chartam refertur et ad deleticiam: proinde et si in opisthographo quis testatus sit, hinc peti potest bonorum possessio.
Ulpianus, On the Edict, Book XLII. The term “papyrus” applies not only to such as is new, but also to that which has been already used. Hence, if anyone should draw up his will upon a sheet the back of which is already written on, prætorian possession of property based on such a will can be obtained.
Dig. 38,2,1Ulpianus libro quadragensimo secundo ad edictum. Hoc edictum a praetore propositum est honoris, quem liberti patronis habere debent, moderandi gratia. namque ut Servius scribit, antea soliti fuerunt a libertis durissimas res exigere, scilicet ad remunerandum tam grande beneficium, quod in libertos confertur, cum ex servitute ad civitatem Romanam perducuntur. 1Et quidem primus praetor Rutilius edixit se amplius non daturum patrono quam operarum et societatis actionem, videlicet si hoc pepigisset, ut, nisi ei obsequium praestaret libertus, in societatem admitteretur patronus. 2Posteriores praetores certae partis bonorum possessionem pollicebantur: videlicet enim imago societatis induxit eiusdem partis praestationem, ut, quod vivus solebat societatis nomine praestare, id post mortem praestaret.
Ulpianus, On the Edict, Book XLII. This Edict was promulgated by the Prætor with the intention of modifying the deference which freedmen should show to their patron. if or (as Servius says) in former times they were accustomed to require the most onerous services from their freedmen, by way of remuneration for the extraordinary benerit conferred upon the latter, when, after having been liberated from slavery, they were made Roman citizens. 1The Prætor Rutilius was the first who published an Edict providing that an action should not be granted to a patron against his freedman, except with reference to services, or property held in partnership; for instance, where it was agreed that unless the freedman would perform services for his patron, the latter should be permitted to have joint ownership of his property. 2Succeeding prætors were accustomed to promise possession of a certain portion of the estate of a freedman; for as the partnership existing between the parties implied the performance of services by the freedman, what he was required to furnish as his share of the partnership during his lifetime, he was also obliged to furnish after his death.