[Iustiniani Institutiones]

a Egentes needy. Not that poverty is beneficial, but since it favors poverty, thus Reference to the Digest, Book of Transactions, regarding those who are in want; also the Code regarding the preservation of the clemency of the prince.. A poor man lies hidden everywhere, even if it is said otherwise. The empty traveler sang before the robber.
b Or at least.
c They might have, thus Digest, regarding action on a conditional legacy..
d Or if he is not doing it, that is, not satisfying the creditors.
e That slave, now that he is made a freedman.
f A former slave who is now free.
g Injury, regarding reputation, which is sometimes punished even after death.
h And the same for liberty, not that it is said that the institution is without liberty, because then he would not be an heir, as will be said at the end of this paragraph, but he omitted the gift of liberty.
i A constitution, see the Code regarding necessary heirs, Institutes, quidam a certain one.
k Writing, just as from the gift of guardianship.
l Since not. This is a new reason, different from what I said before, but the law itself was ancient.
m Of institution, it follows that by granting one thing, that without which it cannot exist is also granted.
n In fraud, thus Digest, regarding those who by fraudulent means do not become free..
o By paying, when they know they have creditors.
p Prevailed, for some said that the event alone was sufficient; others said that both were required, namely fraud and the event. That opinion prevailed, though from the aforementioned it seemed that the event alone was sufficient.
r Hindered, attend carefully here: that if liberty is given directly, not only among the living but also in a last will, two things are necessary, namely the intent—this is fraud—and the event, as stated above. In fideicommissa testamentary trusts, the event is sufficient.

as his necessary heir, who would satisfy the creditors, and if he does not do this, the creditors may sell the hereditary assets in the name of the slave, so that the deceased is not affected by injury. The same law applies if the slave is instituted without liberty. But our constitution is not only for the case where the master is insolvent, but generally provides, through a new reason of humanity, that liberty should appear to belong to him from the very writing of the institution. It is not credible that a person who chose someone as his heir, and omitted the gift of liberty, intended the slave to remain a slave and no one to be his heir. He is considered to manumit in fraud of creditors who, at the time he manumits, is not solvent, or who would cease to be solvent by giving the liberty. However, the opinion has prevailed that, unless the manumissor also had the intention of defrauding, the liberty is not hindered.

Because liberty given in fact is more easily revoked by the heir than by the deceased. Another reason is noted in the Code. Regarding these alienations made in fraud of creditors, see Digest, regarding actions..
s Often to the silent objection: how can there be good intent when he defrauds them with the truth itself? Answer: often, etc. But see the argument to the contrary in the Code regarding the revocation of sales.
t When both fraud and the event occur, it merits that which follows and makes for this.
u By intent. Note that he is held by intent; but on the contrary Digest, regarding manumissions.. Such a small thing was obligatory because it was fraudulent.
x The same, namely that which was mentioned above.
y A minor, it is sufficient if he is not under twenty, even if he is not over, provided he has reached the last day of his twentieth year.
z By the rod A ceremonial act of manumission.
a Council, that is, at the place where counsel—that is, deliberation—is held on this matter, and thus it refers to that which is done for him where it is done. This refers to those who have ordinary jurisdiction, including lesser magistrates.
b Just causes.
c Father. But how can a son have a slave, or a father, or one brother a brother or sister? Answer: well, because the master institutes the son of his slave as heir, or the son of his handmaiden, or vice versa, and so on. In this case, the instituted person becomes an heir and free, and the master of all the goods of which the testator had been the master.

estates are not sufficient for the creditors. For men often hope for more from their faculties than is actually there. Therefore, we understand liberty to be hindered when creditors are defrauded in both ways: that is, by the intent of the manumissor and by the fact that the assets are not sufficient for the creditors. By the same law, it is not permitted to a master who is a minor under twenty years of age to manumit, unless the cause for manumission has been approved by the rod the ceremonial wand used in the process of manumission before the council. The just causes for manumission are these: for example, if one manumits their father or mother, or son or daughter, or natural brothers or sisters, or a pedagogum tutor/child-leader or nutricem nurse or educatorem educator or alumnum foster child or foster daughter, or a collactaneum foster brother sharing the same milk, or to have a slave as an agent, or a handmaiden for the sake of marriage, provided that the marriage is contracted within six months, unless a just cause prevents it.