[Iustiniani Institutiones]

On the repeal of the Fufia Caninia law

a From which to the state as in Code, On the claim of property, Law: partim original: "partim". Although he himself and the mistress could be accused, as in Code, On the marriage that happens, Law: propri original: "propri", and Digest, On the institution of an heir, § 1.
b Natural and legitimate, or natural only.
c Educator: specifically, one who instructs boys from the beginning original: "a initio", from pego which means boy and gogos which means to lead, as if a leader or governor of boys.
d Foster-son: who, or which female, the foster-parent nourished, so it differs from the former.
f Foster-brother: who suckled with me, whom the Bolognese call brother.
g Let him be led: having provided an oath on this, as in Digest, On manumissions, § final. Foster-brother in the end.
h Just cause: as of infirmity which grants a delay, as in Digest, If anything is done in fraud, Law 2, § 3, and Digest, On res judicata, Law: quaesitum original: "quaesitum", or any other just cause as in Digest, From what causes manumissions are permitted, Law 1, in the end.
i Seventeen years: but how can a minor under twenty years be a procurator? As in Code, On the procurator of the one demanding, and Digest, On the peculium, Law: minor original: "minor". But this is regarding business; he cannot be in judgment. Thus, there is otherwise a difference between these procurators, as in Digest, Mandates, final, procurator § 1, Accursius Florentinus.
k Approved: namely of the manumission, and before a council, Accursius.
l Or false: as if he said he were a son, although he is not, or a father, or a daughter, although they are not so according to some, which I reject, since what is false is nothing, nor does it provide a cause, as in Digest, On the significance of words, Paulus, and Code, If from false instruments, throughout, and Digest, On exceptions of res judicata, Law: qui agentis original: "qui agentis". Hence he says true, that is, just; false, that is, unjust, as because I said he was my companion in arms or in schools, which I brought forward for a just cause and it was such a cause, or similar approved, although it should not have been approved. Thus Digest, On law, final, surety, § final, and Digest, On restitution in integrum, Law: omnes original: "omnes". Thus, conversely, just for true, as in § title 1, in the beginning.
m Let it be retracted: because nothing is to be easily changed from solemn acts, as in Digest, On restitution in integrum, divus. But on the contrary, Digest § erecutu, law: sed reprobari 1, f. r. final. But this is in favor of liberty, that is in favor of the family.
n When, however, constituted: for when he says that without cause he cannot be manumitted, therefore, conversely, with cause, manumission is valid.

And a slave who is manumitted for the sake of having an agent procurator legal representative should not be manumitted if he is under seventeen years of age. But if the cause is approved, whether it be true or false, it shall not be retracted. ¶ Since, however, a certain mode of manumitting was established for masters under twenty years of age by the Lex Aelia Sentia Aelian Sentian Law, it happened that one who had completed fourteen years, although he could make a will and therein institute an heir for himself and leave legacies, nevertheless, if he were still under twenty years, he could not grant liberty to a slave. This was not to be tolerated, if to someone the disposal of all his goods was given in a will, to one slave he was not permitted to give liberty. Therefore, we permit him to dispose of his slaves in his last will just as he does his other property, as he wishes, so that he may grant them liberty. But

Thus Digest, On edicts, if anyone out of § praetor, and § prohibits, and Digest, On pacts of the law of nations, § praetor, and § by evil deceit, Accursius.
o Will: if he is male; if female, at thirteen, as in Digest, On wills, at what age, as in Digest, On liberty, Law: aurelio, § gayus.
p But when liberty until now by alleging: it implies that at the same time he can manumit and make a will. Now, conversely, considering dual reasons. And because liberty is inestimable, nevertheless if one sells himself, the price does not pass to the seller, but rather remains with the buyer and the same master; whence it is inestimable, as here, Digest, On the rules of law, liberty, and Digest, On the status of humans, Law 1, § final. And because antiquity established it otherwise, which is to be served, as in Code, On wills, Law: testamenta original: "testamenta". Therefore, having seen the allegations, he resolves it by choosing a middle path. Thus § On the division of things, § since from another person, although it is an argument against, Digest, On negative matters, necessity, in the end, and Digest, On things in rem, Law: pro patre original: "pro patre", § the same.
q Middle: note the middle path. Thus Digest, On the portion of the heir, Law: antiqui original: "antiqui", Accursius Florentinus.
r Fulfilled: but today, since they can make a will and leave liberties, as in the Authenticum collection of Justinian's later laws, On sponsorship, collection 1, § 1. That is heard, if in the last will one wishes to leave liberty, which is clear from the word "to leave," which is placed in the said Authenticum, which pertains only to the dying, as in Digest, On status of humans, Law 1, § final.
x What if among the living one wishes to manumit? Response: He cannot unless he has twenty years, as unless the cause is known, since neither this liber book nor the Authenticum speaks except in the last will. Whence the tenor of the same Lex Aelia Sentia is preserved, since it is not corrected, as in Code, On appeals, Law 1, § we have ordered.
s Antiquity: as in Digest, On postulation, Law 1, § in the beginning.
t To postulate: that is, to explain the desire of his friend or client before the judges, as in Digest, On postulation, Law 1, § 1. But he cannot be in court for himself, as in Code, On authorizing, Law: clarum original: "clarum", and the reason is because sometimes he approaches for another, it is imputed to himself who commits his cause to such a one, as in Digest, On mandates, Law: cum mandato original: "cum mandato".
u To arrive: read it interrogatively; respond there is no reason why it should be different. Therefore, the same law is to be established, as in Digest, On the meaning of obligations, Law: a ticio original: "a ticio", in the end; for where there is the same reason, the same law is to be established, as in Digest, On the Aquilian law, Law: illud original: "illud", and Code, On the Falcidian law, Law: the last.

since liberty is an inestimable thing, and because of this antiquity prohibited the granting of liberty to a slave before the twentieth year of age, therefore we, choosing a middle way, do not allow a person under twenty years to grant liberty to his slave in a will, unless he has completed his seventeenth year and has entered his eighteenth year.
¶ Since antiquity granted this age to postulate for others, why should not also the stability of his own judgment allow him to help them, so that he may also reach the point of granting liberties to his slaves?

On the repeal of the Fufia Caninia law

By the Lex Fufia Caninia Fufian Caninian Law, a certain mode was set for manumitting slaves in a will, which, as it impeded liberties and in a way increased envy, we decided should be repealed, since it had been sufficiently inhumane that living people should do [this]