The specific clarification made by the 2nd-century Roman jurist Publius Pactumeius Clemens regarding a constitution (imperial decree) issued by Emperor Antoninus Pius is preserved in Digest 40.7.22pr.. [1]

The legal question centered on a conditional trust (fideicommissum) left in a will where the choice of the recipient was left entirely open to the heir, but the heir failed to act. Pactumeius Clemens clarified that in such cases, the benefit must default to all eligible individuals equally. [1]

Below are the parallel Latin and English texts from The Latin Library and the Digest translation:

Latin Text (Dig. 40.7.22pr.)

"Pactumeius Clemens aiebat, si ita sit fideicommissum relictum 'cui eorum voles, rogo restituas', si nullum elegisset cui restitueret, omnibus deberi imperatorem Antoninum constituisse." [1]

English Translation

"Pactumeius Clemens said that if a trust had been bequeathed as follows, 'I charge you to deliver it to whichever of them you choose,' and the heir did not make any choice as to whom he should deliver the property, he must deliver it to all, and this was decreed by the Emperor Antoninus." [1]

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Key Legal Clarifications

• The Problem: A testator leaves a trust stating, "give this to whichever of them you prefer." This creates a power of appointment. If the heir dies or simply refuses to pick a person, the trust would technically fail under rigid, older legal interpretations.
• The Imperial Solution: Emperor Antoninus Pius stepped in with an imperial constitution to protect the deceased person's clear intent (voluntas). [1]
• Pactumeius's Role: As a prominent member of the emperor's legal advisory council (consilium), Pactumeius Clemens formalised this doctrine. He clarified that if the picker fails to choose, the phrasing is legally treated as an implied gift to everyone in that group equally, rather than allowing the property to lapse or default back to the heir. [1, 2]

If you would like to explore further, we can look into how this rule affected Roman inheritance law or examine other legal opinions written by Pactumeius Clemens in the Digest. [1]