DN. sacratissimi principis Justiniani PP. A. Juris enucleati ex omni vetere jure collecti Digestorum seu Pandectarum libri quinquaginta

and grandmothers from intestacy.
On legitimate heirs. 57. After own heirs or those considered as own, according to the law of the 12 Tables, the inheritance pertains to the nearest agnate. Agnates are cognates connected through persons of the male sex as if born from a father.
Common matters concerning successions. 58. Which are deferred by Praetorian and civil law. A brother, however, who has been emancipated succeeds to the other by paternal right, which he does not do with one who is not emancipated. A stepfather does not succeed to a stepson, nor a stepson to a stepmother; a master does not succeed to the servant with whom he had a concubinage, nor does the teacher succeed to the pupil who was taught. To foreign strangers, the heirs written by them or the closest ones by intestacy succeed, not their hosts; if closest ones are lacking, they are handed over to the bishops to be distributed for pious causes.
On maternal goods, namely, those given or left to a son by a mother, or of maternal origin. 59. Which are deferred from the maternal grandfather and grandmother, great-grandfather and great-grandmother to him who is in the power of the father; in these, the father has only the usufruct, and he can pursue them in court.
On goods which are acquired by children constituted in the power of the father or otherwise, and their administration. 60. Competent to the father.
On the inheritances of decurions municipal councilors, who, if they die intestate leaving no heirs, the fiscus will not succeed to them, but the curia city council in which they were; of sailors, to whom the body of sailors is chosen; of those belonging to the cohort, who were officers of the provincial Governor, to whom the cohort members of the same province succeed; and of the workers fabricenses. 61. Who were engaged in public workshops, to whom other colleagues succeeded, with the fiscus excluded.

BOOK VII.

On the right of masters over slaves and of patrons over freedmen, about which something was said above in the previous book from title 3 to the end of the eighth. In explaining this question we consider
The manumission itself.
Species.
On manumission by the rod of liberty before the Praetor and the Governor, and manumission before the council of the Prince. 1.
On testamentary manumission. 2.
On repealing the Lex Fufia Caninia. 3. By which a certain mode was established for manumitting slaves; today it is permitted to everyone to bestow liberty on all slaves by testament, since everyone can also do this among the living.
On fideicommissary liberties. 4. It could be done in these words: I ASK YOU, HEIR, THAT YOU MANUMIT MY SLAVE STICHUS.
Effects.
On repealing Deditician liberty. 5. Formerly not all who were manumitted became Roman citizens. That is, they did not attain the liberty of the one manumitting, like the Dedititii under the Lex Sentia.
On repealing Latin liberty. 6. Those who were manumitted in such a way according to the Lex Julia Norbana lived their lives as free men, but at the very last breath they lost their soul and their liberty at the same time, and as if they were slaves, the manumitter retained their goods. They were called Latinians and Junians, and through certain modes into Roman citizenship, so that now the same manumission of liberty pertains as manumission has, and the person becomes a Roman citizen.
Objections.
On a slave manumitted in common. 7. If a slave of several masters, as if common, is manumitted by one of the masters, he does not accrue to the other master as in ancient law, nor does he lose the liberty acquired from the other master; however, a part of his price ought to be given to the other master, and thus the slave is fully manumitted.
On a slave given as a pledge. 8. Whether and how such a slave can be manumitted.
On manumitting slaves of the State. 9.
On those who have been manumitted by non-masters. 10. These do not obtain liberty by such manumission.

Who cannot be manumitted, and that one should not be manumitted in fraud of creditors. 11.
Who cannot proclaim for liberty. 12. Those condemned to perpetual chains, and those prohibited by the testator from being manumitted.
For what causes slaves capture liberty as a reward. 13. Namely, as often as they have avenged the murder of a master, reported the falsification of currency, the rape of a virgin, or a deserter from the military. On those manumitted from free birth. 14. They are not freedmen; for manumission does not harm birth status.
Common matters concerning manumissions. 15. Which are done either by the proprietor or the usufructuary, and in what manner one so manumitted attains liberty.

The liberal action itself.
On the liberal cause original: "causa liberalis". 16. Which is called status and prejudicial, in which it is asked whether someone is free or a slave.
On repealing assertion. 17. If someone proclaims himself from slavery into liberty, he can assert himself as master, but he cannot provide a proxy. He, however, who goes from liberty into slavery, can do both; yet neither of them is bound today to bring forward anyone by whom he is asserted into liberty, because of the difficulty of finding an asserter.
To whom it is not permitted to proclaim for liberty. 18. To those who have agreed to be sold in order to share in the price; slaves made so on account of a notable crime, and those who descend from a family of robbers.
On the order of cognitions. 19. Sometimes another question is added to the status question; when this happens, it ought to be known concerning the status of the slave before the crime which is objected, and concerning liberty before the inheritance.
On detecting collusion. 20. About which I spoke in the Digests, book 40, title 16.
That status of the deceased should not be questioned after five years. 21.
On the prescription of long time which is opposed for liberty and not against liberty. 22.
On the peculium property held by a slave of him who has earned liberty. 23. Manumitted among the living, he acquires his peculium if it has not been taken away; manumitted by testament, he does not acquire it unless it was given by name.
On repealing the Senatus Consultum Claudianum, by which a free woman, captured by the desire and love of some slave, was led from the status of her birth into slavery. 24. For it is not pleasing that what was introduced against liberty by the ferocity of enemies should be imported into the lust of the most wicked men.
On repealing the naked right of Quirites. 25. Among certain masters, the naked right of Quirites full Roman citizenship right or only in goods is found. Those slaves who were acquired by usucapion, ceded in court, or mancipated, were slaves by the right of Quirites, and by manumission became Roman citizens; but those who were delivered by reason of purchase, not mancipated or ceded, those were in the goods of the buyer; but they belonged to the seller by the right of Quirites, because slaves acquired for the buyer from all causes, as Cujas noted here.

On the right of acquiring through usucapion.
Causes of usucapions.
On usucapion for a buyer or for a transaction. 26.
On usucapion for a donation. 27.
On usucapion for a dowry. 28.
On usucapion for an heir. 29.
Common matters concerning usucapions. 30. A tenant, because he possesses not for himself but for the master, does not prescribe; the property of the fiscus cannot be usucapited. The bad faith of the deceased harms the successor.
Forms.
On transforming usucapion, better said reforming, and on the removed difference of mancipi and nec mancipi things. 31. The ancients admitted usucapion only for things of Italian soil, and indeed by a period of two years; for movables, however, one year; for provincial ones, however, they excluded it. Justinian reforms this first part, nor does he suffer any immovable or soil property to be prescribed except by ten, twenty, or thirty years; a movable, however, only by three years, and that in the province also, provided that good faith was present.