[IDEM libro quarto decimo ad Sabinum. ] §38.16.3.prIntestato liberto mortuo primum suis deferri hereditatem uerum est: si hi non fuerint, tunc patrono.
[THE SAME, from the fourteenth book on Sabinus.] It is true that when a freedman dies intestate, the inheritance is first deferred to his self-successors; if there are none, then to the patron.
§38.16.3.1Libertum accipere debemus eum, quem quis ex seruitute ad ciuitatem Romanam perduxit siue sponte siue necessitate, quoniam rogatus fuit eum manumittere: nam et ad huius legitimam hereditatem admittitur.
We must accept as a freedman him whom someone has brought from slavery to Roman citizenship, whether voluntarily or by necessity, because he was requested to manumit him; for he also is admitted to this person's statutory inheritance.
§38.16.3.2Si dotalem quis seruum manumisit, ipse patronus habetur et ad legitimam hereditatem admittetur.
If someone has manumitted a dotal slave, he himself is regarded as the patron and will be admitted to the statutory inheritance.
§38.16.3.3Is plane, quem hac lege emi, ut manumittam, etsi ex constitutione diui Marci peruenerit ad libertatem, tamen, ut eadem constitutione expressum est, meus libertus est et legitima eius hereditas mihi deferetur.
Clearly, he whom I bought under this condition, that I should manumit him, even if he has attained freedom by the constitution of the divine Marcus, is nevertheless my freedman, as is expressed in the same constitution, and his statutory inheritance will be deferred to me.
§38.16.3.4Quid si necem domini detexit et ex senatus consulto libertatem meruerit? si quidem adsignauit praetor, cuius libertus sit, sine dubio eius erit et ei legitima hereditas deferetur: quod si non addidit, efficietur quidem ciuis Romanus, sed eius erit libertus, cuius proxime fuerit seruus et ad legitimam hereditatem ipse admittetur, nisi sicubi quasi indigno deneganda fuerit hereditas.
What if he exposed the murder of his master and merited freedom by a decree of the senate? If indeed the praetor assigned whose freedman he should be, without doubt he will belong to him and the statutory inheritance will be deferred to him; but if he did not add this, he will indeed become a Roman citizen, but he will be the freedman of him whose slave he was most recently, and he himself will be admitted to the statutory inheritance, unless in some case the inheritance must be denied to him as if to an unworthy person.
§38.16.3.5Si quis libertam sic iureiurando adegit 'ne illicite nubat', non debere incidere in legem Aeliam Sentiam.
If someone has bound a freedwoman by an oath in this way, "that she should not marry unlawfully," he ought not to fall under the Aelian Sentian law.
sed si intra certum tempus ne ducat' 'neue aliam, quam de qua patronus consenserit' uel 'non nisi conlibertam' aut 'patroni cognatam', dicendum est incidere eum in legem Aeliam Sentiam nec ad legitimam hereditatem admitti.
But if he has bound her "not to marry within a certain time," "nor any other woman than one consented to by the patron," or "none but a co-freedwoman," or "a relative of the patron," it must be said that he falls under the Aelian Sentian law and is not admitted to the statutory inheritance.
§38.16.3.6Si municipes seruum manumiserint, admittentur ad legitimam hereditatem in bonis liberti uel libertae intestatorum.
If citizens of a municipality have manumitted a slave, they will be admitted to the statutory inheritance in the goods of intestate male or female freedpersons.
§38.16.3.7Miles manumittendo seruum peculiarem suum faciet libertum et ad legitimam hereditatem eius admittitur.
A soldier, by manumitting his peculiar slave, will make him his own freedman and is admitted to his statutory inheritance.
§38.16.3.8Principem ad bona libertorum suorum admitti plus quam manifestum est.
That the Emperor is admitted to the goods of his freedmen is more than manifest.
§38.16.3.9Utique et ex lege duodecim tabularum ad legitimam hereditatem is qui in utero fuit admittitur, si fuerit editus.
In any case, also from the law of the twelve tables, he who was in the womb is admitted to the statutory inheritance, if he has been born.
inde solet remorari insequentes sibi adgnatos, quibus praefertur, si fuerit editus: inde et partem facit his qui pari gradu sunt, ut puta frater unus est et uterus, uel patrui filius unus natus et qui in utero est.
Hence, he usually delays the adgnates who come after him, over whom he is preferred if he has been born; hence also he shares a portion with those who are of the same degree, as, for example, if there is one brother and a womb, or one born paternal uncle's son and one who is in the womb.
§38.16.3.10Est autem tractatum, pro qua partem faciat, quia ex uno utero plures nasci possunt.
Moreover, it has been discussed for what portion he should make a share, because several can be born from one womb.
et placuit, si in rerum natura certum sit hanc, quae se dicit praegnatem, praegnatem non esse, ex asse iam esse heredem hunc, qui iam natus est, quoniam et ignoraus heres fit.
And it was agreed that, if it is certain in the nature of things that this woman, who says she is pregnant, is not pregnant, he who has already been born is already the heir to the whole estate, since one becomes an heir even without knowing it.
quare si medio tempore decesserit, integram hereditatem ad heredem suum trausmittit.
Therefore, if he dies in the meantime, he transmits the entire inheritance to his own heir.
§38.16.3.11Post decem menses mortis natus non admittetur ad legitimam hereditatem.
He who is born after ten months from the death will not be admitted to the statutory inheritance.
§38.16.3.12De eo autem, qui centensimo octogensimo secundo die natus est, Hippocrates scripsit et diuus Pius pontificibus rescripsit iusto tempore uideri natum, nec uideri in seruitutem conceptum, cum mater ipsius ante centensimum octogensimum secundum diem esset manumissa.
Moreover, concerning him who was born on the hundred and eighty-second day, Hippocrates wrote and the divine Pius rescribed to the pontiffs that he seems to be born at the proper time, and that he does not seem to have been conceived in slavery, since his mother had been manumitted before the hundred and eighty-second day.