[Iustiniani Institutiones]

a Mode, i.e., number.
b "His own." i.e., he was not permitted to alienate his own, as in the Digest, Book 8, regarding actions against a third party original: "de act. f. alie". He maintained the nature of a person who stands in "straw" original: "palea", who can neither keep the straw for himself nor allow others to take it. Thus, he could not keep slaves for himself, because he was dying, as in the Digest, Book 1, regarding donations, paragraph "if false." Nor was he allowed to grant them liberty. Hence, it is deservedly called "dog-like" original: "canina" so that the name follows the nature of the thing.
c "Impeding," i.e., one who brings an impediment.
d "Envy," not against the envious. Here, see the Codex, Book 8, on caducary legacies.
e "Family," i.e., all his own who are called a family, as in the Digest, on the signification of words.
f "Cause," such as fraud, or when manumitting in old age.
g "Dying," i.e., how something can be taken away when he has nothing, for death takes everything away, as in the Authentics, on marriages. "Dying," i.e., those tending toward death who were laboring in their final hours, or were, as it were, healthy, if they did it for fear of death.
h "To take away." Note here the argument: that things which are done among the living are attributed to last wills; and conversely, as in the Digest, on pacts.
i "On those who are of their own or another's right." Response: This restricts the first member of the division provided, i.e., on the law of persons, so that it does not include certain free men, sons, etc. It also says "of another's right" to expand the second member of the division, so that it also includes certain free people, namely sons, etc. Since an addition and a subtraction of the said division are thus made, it is now about civil law. This division is as in the Digest, on Justice and Law. But the one above was regarding the law of persons according to natural law and the law of nations, and we spoke of that there; therefore it is immutable.

from the Lex Fufia Caninia Fufian Caninian Law: certain limits are set so that, perhaps, one might not be able to manumit more than two or three in a last will.

...to have the license to give all his family to liberty, unless another cause prevents liberty for the dying, or to take away such license.

On those who are of their own or another's right.

A division regarding the law of persons follows: for some persons are of their own right, and some are subject to another's right. Again, of those who are subject to another's right, some are in the power of parents, others in the power of masters. Let us, therefore, look at those who are subject to another's right. For if we have known who these persons are, we simultaneously understand who are of their own right.

A division follows which is about civil law, since in it the law of nations is distinguished, as in the Digest, on Justice and Law. But the one above, which we had, was about the law of persons, on the law of nations, since in it there is a right common to all by natural law, as in the paragraph on liberty, and the first paragraph.

...Of right: some are held by neither law, such as children whose parents are captured by enemies. For others are pending, as in the Digest, on usufruct. And this is according to some. For us, indeed, when the father is a slave of enemies, and in their power, they cannot have another in their power.

h "Neither." Namely, justly according to some, as in the Digest, on the acquisition of possession, where the slave is at the end. But surely this cannot be: for if it is acquired, it is for the master, because not for himself, as in the Digest, on the acquisition of inheritance. Wherefore, say that it is always acquired for the master, even if the slave acquires it through fraud or fear. [...]

...and let us first look at those who are in the power of masters. In the power of masters, therefore, are slaves, which power is indeed of the law of nations. For among all nations equally, we can observe that masters have the power of life and death over their slaves, and whatever is acquired through a slave is acquired for the master. But at this time, it is not permitted to any men who are under our empire to treat their slaves with excessive cruelty without a cause recognized by the laws. For by the constitution of the divine Pius Antoninus, he who kills his own slave without a cause is ordered to be punished no less than if he had killed another's slave.