Notae ad Scaevolae Digestorum libros
Ex libro XXIII
Scævola, Digest, Book XXIII. Titia bequeathed freedom directly to certain of her male and female slaves, and then inserted the following provision in her will, “And I wish all the slaves attached to my personal service, whose names are inscribed in my registers, to be free.” The question arose whether Eutychia who, along with the other personal slaves, was emancipated at the time when the will was executed, and who, when the testatrix died, was married to a steward who was a slave, would obtain her freedom under the general head of “Slaves attached to my personal service.” The answer was that there was nothing to prevent her obtaining her freedom, even though at the time of the death of the testatrix she had ceased to be one of her attendants. 1Stichus received his freedom directly by the will of his master, and was accused of having fraudulently secreted much of the property of the estate. The question arose if, before he could demand his freedom, he should not restore to the heirs the property which he was proved to have taken. The answer was that, according to the facts stated, the slave in question should be free. Claudius: The point raised seems to have been finally disposed of, for the interest of the heirs will be sufficiently consulted by having recourse to the Edict concerning thefts. 2Lucius Titius provided by his will, “Onesiphorus shall not be free unless he renders an exact account of his administration.” I ask whether Onesiphorus can demand his freedom by virtue of these words? The answer was that, in accordance with what is stated, he is rather deprived of freedom than granted it.