[ULPIANUS libro quinquagensimo quinto ad edictum. ] §40.12.12.prIgitur sciendum est et liberum posse dolo malo in libertate esse et seruum posse sine dolo malo in libertate esse.
[ULPIAN, on the Edict, book 55.] Therefore, it should be known both that a free person can be in a state of freedom with malice, and that a slave can be in a state of freedom without malice.
§40.12.12.1Infans subreptus bona fide in seruitute fuit, cum liber esset, deinde, cum de statu ignarus esset, recessit et clam in libertate morari coepit: hic non sine dolo malo in libertate moratur.
A kidnapped infant was in servitude in good faith, although he was free; afterwards, being ignorant of his status, he departed and began to remain secretly in freedom: this person does not remain in freedom without malice.
§40.12.12.2Potest et seruus sine dolo malo in libertate morari, ut puta testamento accepit libertatem, quod nullius momenti esse ignorat, uel uindicta ei imposita est ab eo, quem dominum esse putauit, cum non esset, uel educatus est quasi liber, cum seruus esset.
A slave can also remain in freedom without malice: as, for example, if he received freedom by a testament which he does not know to be of no effect, or if the wand of manumission was imposed upon him by one whom he believed to be his master when he was not, or if he was brought up as if he were free, when he was a slave.
§40.12.12.3Et generaliter dicendum est, quotiens quis iustis rationibus ductus uel non iustis, sine calliditate tamen putauit se liberum et in libertate moratus est, dicendum est hunc in ea causa esse, ut sine dolo malo in libertate fuerit atque ideo possessoris commodo fruatur.
And generally it should be said that, whenever anyone, guided by just reasons or even by unjust ones, yet without cunning, believed himself to be free and remained in freedom, it must be said that he is in such a position that he was in freedom without malice, and therefore enjoys the advantage of the possessor.
§40.12.12.4Probatio autem ad id tempus referetur, cum sine dolo malo in libertate fuerit, quo primum in ius aditum est.
Moreover, the proof as to whether he was in freedom without malice shall refer to that time when they first went to court.
§40.12.12.5Si operae alicui debeantur, is quoque liberali iudicio experiri potest.
If services are owed to anyone, he too can litigate by a trial concerning freedom.
§40.12.12.6Si quod damnum mihi dederit, qui ad libertatem proclamat, illo tempore, quo bona fide mihi seruiebat, ueluti si ego bona fide dominus noxali iudicio conuentus et condemnatus litis aestimationem pro eo optuli: in id mihi condemnabitur.
If he who claims his freedom has caused me any damage during the time when he was serving me in good faith, as for instance, if I, as a master in good faith, was sued in a noxal action and condemned, and paid the valuation of the lawsuit for him: he shall be condemned to me for that amount.