Letter 4010: You tell me that Sabina, who left us her heirs, never gave any instructions that her slave Modestus was to be...
Pliny the Younger→Statius Sabinus|c. 104 AD|Pliny the Younger
illnessimperial politicsslavery captivitywomen
To Statius Sabinus.
You tell me that Sabina, who left us her heirs, never gave any instructions that her slave Modestus was to be granted his freedom, though she left him a legacy in these words: "I give ... to Modestus, whom I have ordered to receive his liberty." You ask me what I think of the matter. I have consulted some eminent lawyers and they all agree that Modestus need not be given his freedom, because it was not expressly granted by Sabina, nor his legacy, because she left it to him as a slave. But the mistake is obvious to me, and so I think that we ought to act as though Sabina had ordered him to be freed in express terms, since she certainly was under the impression that she had ordered it. I am sure that you will be of my way of thinking, for you are most punctilious in carrying out the intentions of a dead person, which are, with honourable heirs, tantamount to legal obligations. For with us honour has as much weight as necessity has with others. So I propose that we should allow Modestus to have his liberty and enjoy his legacy, as if Sabina had taken all proper precautions to ensure that he should. For a lady who has made a good choice of her heirs has surely taken all the precautions necessary. Farewell.
L To Statius Sabinus.
You tell me that Sabina, who left us her heirs, never gave any instructions that her slave Modestus was to be granted his freedom, though she left him a legacy in these words: "I give ... to Modestus, whom I have ordered to receive his liberty." You ask me what I think of the matter. I have consulted some eminent lawyers and they all agree that Modestus need not be given his freedom, because it was not expressly granted by Sabina, nor his legacy, because she left it to him as a slave. But the mistake is obvious to me, and so I think that we ought to act as though Sabina had ordered him to be freed in express terms, since she certainly was under the impression that she had ordered it. I am sure that you will be of my way of thinking, for you are most punctilious in carrying out the intentions of a dead person, which are, with honourable heirs, tantamount to legal obligations. For with us honour has as much weight as necessity has with others. So I propose that we should allow Modestus to have his liberty and enjoy his legacy, as if Sabina had taken all proper precautions to ensure that he should. For a lady who has made a good choice of her heirs has surely taken all the precautions necessary. Farewell.
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To Statius Sabinus.
You tell me that Sabina, who left us her heirs, never gave any instructions that her slave Modestus was to be granted his freedom, though she left him a legacy in these words: "I give ... to Modestus, whom I have ordered to receive his liberty." You ask me what I think of the matter. I have consulted some eminent lawyers and they all agree that Modestus need not be given his freedom, because it was not expressly granted by Sabina, nor his legacy, because she left it to him as a slave. But the mistake is obvious to me, and so I think that we ought to act as though Sabina had ordered him to be freed in express terms, since she certainly was under the impression that she had ordered it. I am sure that you will be of my way of thinking, for you are most punctilious in carrying out the intentions of a dead person, which are, with honourable heirs, tantamount to legal obligations. For with us honour has as much weight as necessity has with others. So I propose that we should allow Modestus to have his liberty and enjoy his legacy, as if Sabina had taken all proper precautions to ensure that he should. For a lady who has made a good choice of her heirs has surely taken all the precautions necessary. Farewell.
Modern English rendering for readability. See the 19th-century translation or original Latin/Greek for scholarly use.