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Updated: June 21, 2025
I do not know that such an improvident and stupid selfishness deserves the discussion which perhaps I may bestow upon it hereafter. We cannot arrange with our enemy, in the present conjuncture, without abandoning the interest of mankind. If we look only to our own petty peculium in the war, we have had some advantages, advantages ambiguous in their nature, and dearly bought.
If a slave, with the knowledge of his master, devotes his peculium to a trade or business, the rule which the praetor follows, in respect of contracts made in the course of such trade or business, is that the peculium so invested and its profits shall be divided between the master, if anything is due to him, and the other creditors in the ratio of their claims.
The bargain was just in so far as the master was losing services for which he had originally paid, and juster still when the freedman set up business on the peculium which his master had allowed him to acquire during the days of his servitude.
Next to them you have different sorts of slaves; Servus massarius, who seems to be also rusticanus, one who takes care of his lord's 'massa' or farm, and is allowed a peculium, it seems, some animals of his own, which he may not sell, though he may give them away. And again, servus doctus, an educated household slave, whose weregeld is higher than that of others.
Janardana also gave unto them hundreds of thousands of draft horses from the country of the Valhikas as Subhadra's excellent dower. That foremost one of Dasarha's race also gave unto Subhadra as her peculium ten carrier-loads of first class gold possessing the splendour of fire, some purified and some in a state of ore.
On the other hand, the advantage of the action in respect of peculium is that in it the slave's whole peculium is liable to his creditors, whereas in the action called tributoria only so much of it is liable as is invested in the trade or business; and this may be only a third, a fourth, or even a less fraction, because the slave may have the rest invested in land or slaves, or out on loan.
There are several minor difficulties of old Roman law, as, for example, the nature of the Slave's Peculium, which are only cleared up when we recollect that a Roman household consisted of a number of persons strictly accountable to its head, and that every single item of domestic receipt and expenditure, after being entered in waste books, was transferred at stated periods to a general household ledger.
The former has this advantage, that in it the master has no priority; there is no deduction of debts owing to him, but he and the other creditors stand on precisely the same footing; while in the action in respect of peculium deduction is first made of debts owing to the master, who is condemned to pay over to the creditors only what then remains.
'I thank ye baith, my good lads, said the Baron, 'but I will not infringe upon your peculium. Bailie Macwheeble has provided the sum which is necessary. Here the Bailie shifted and fidgeted about in his seat, and appeared extremely uneasy.
9 No one, however, ought to be among the witnesses who is in the testator's power, and if a son in power makes a will of military peculium after his discharge, neither his father nor any one in his father's power is qualified to be a witness; for it is not allowed to support a will by the evidence of persons in the same family with the testator.
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