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|Human translated
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.
C. PLINIUS STATIO SABINO SUO S.
Scribis mihi Sabinam, quae nos reliquit heredes, Modestum servum suum nusquam liberum esse iussisse, eidem tamen sic ascripsisse legatum: 'Modesto quem liberum esse iussi'. Quaeris quid sentiam. Contuli cum peritis iuris. Convenit inter omnes nec libertatem deberi quia non sit data, nec legatum quia servo suo dederit. Sed mihi manifestus error videtur, ideoque puto nobis quasi scripserit Sabina faciendum, quod ipsa scripsisse se credidit. Confido accessurum te sententiae meae, cum religiosissime soleas custodire defunctorum voluntatem, quam bonis heredibus intellexisse pro iure est. Neque enim minus apud nos honestas quam apud alios necessitas valet. Moretur ergo in libertate sinentibus nobis, fruatur legato quasi omnia diligentissime caverit. Cavit enim, quae heredes bene elegit. Vale.
◆
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.
Human translation — Attalus.org
Latin / Greek Original
C. PLINIUS STATIO SABINO SUO S.
Scribis mihi Sabinam, quae nos reliquit heredes, Modestum servum suum nusquam liberum esse iussisse, eidem tamen sic ascripsisse legatum: 'Modesto quem liberum esse iussi'. Quaeris quid sentiam. Contuli cum peritis iuris. Convenit inter omnes nec libertatem deberi quia non sit data, nec legatum quia servo suo dederit. Sed mihi manifestus error videtur, ideoque puto nobis quasi scripserit Sabina faciendum, quod ipsa scripsisse se credidit. Confido accessurum te sententiae meae, cum religiosissime soleas custodire defunctorum voluntatem, quam bonis heredibus intellexisse pro iure est. Neque enim minus apud nos honestas quam apud alios necessitas valet. Moretur ergo in libertate sinentibus nobis, fruatur legato quasi omnia diligentissime caverit. Cavit enim, quae heredes bene elegit. Vale.