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Updated: June 21, 2025
From this it can be understood that a parent has no power to deprive a son in his power of what he has acquired on service, nor can the parent's creditors sell or otherwise touch it; and when the parent dies it is not shared between the soldier's son and his brothers, but belongs to him alone, although by the civil law the peculium of a person in power is always reckoned as part of the property of the parent, exactly as that of a slave is deemed part of the property of his master, except of course such property of the son as by imperial constitutions, and especially our own, the parent is unable to acquire in absolute ownership.
For instance, if the fund to which our claim looks for satisfaction be the peculium of a son in power or a slave, and it is sufficient in amount to meet that claim, the father or master is condemned to pay the whole debt; but if it is not sufficient, the judge condemns him to pay only so far as it will go. Of the mode of ascertaining the amount of a peculium we will speak in its proper place.
'Well, no, said Fate, 'you shall not acquire the freedman's peculium; you shall remain a slave, dragging your chain behind you; your peal of bells rings false! Hardly was the factory in full swing when a piece of news was bruited, at first a vague rumor, an echo of probabilities rather than certainties, and then a positive statement leaving no room for doubt.
"The Roman slave was also empowered by law to enter into commercial and other contracts, by which the master was bound, to the extent of the value of the slave's peculium." "The Grecian slaves had also their peculium; and were rich enough to make periodical presents to their masters, as well as often to purchase their freedom."
Whatever the slave acquires in the interval between the testator's death and the acceptance of the inheritance belongs, according to Julian, to the legatee, if that legatee be the slave himself who is manumitted by the will, because a legacy of this kind vests from the acceptance of the inheritance: but if the legatee be a stranger, he is not entitled to such acquisitions, unless they are made by means of the peculium itself.
A slave manumitted by a will is not entitled to his peculium unless it is expressly bequeathed to him, though, if the master manumits him in his lifetime, it is enough if it be not expressly taken from him, and to this effect the Emperors Severus and Antoninus have decided by rescript: as also, that a legacy of his peculium to a slave does not carry with it the right to sue for money which he has expended on his master's account, and that a legacy of a peculium may be inferred from directions in a will that a slave is to be free so soon as he has made a statement of his accounts and made up any balance, which may be against him, from his peculium.
The rector disliked the sight of a man who had imposed upon him; and all boys who could not afford to purchase, hooted "David Faux" as they passed his shop. Certainly no man now would pay anything for the "goodwill" of Mr. Freely's business, and he would be obliged to quit it without a peculium so desirable towards defraying the expense of moving.
Consequently, if a son in power, not having a military or quasimilitary peculium, makes a will, it is invalid, even though he is released from power before his decease.
Here he ignores essential historic facts. In American law a slave's peculium had no recognition; and the proportion of slaves, furthermore, who showed any firm disposition to accumulate savings for the purpose of buying their freedom was very small.
4 There is also an action in respect of peculium and of what has been converted to the uses of the master, under which, if a debt has been contracted by a slave without the consent of his master, and some portion thereof has been converted to his uses, he is liable to that extent, while if no portion has been so converted, he is liable to the extent of the slave's peculium.
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