[IDEM libro nono institutionum. ] §40.5.51.prNon tantum ipse, qui rogatus est manumittere, ad libertatem perducere potest, sed et successores eius, siue emptione siue quo alio modo successerint.
[THE SAME in the ninth book of Institutes.] Not only the person himself who has been requested to manumit can lead [the slave] to freedom, but also his successors, whether they succeeded by purchase or in any other manner.
sed et si nemo successor extiterit, ad fiscum ita transit, ut libertas ab eo praestetur.
But even if no successor appears, the estate passes to the treasury in such a way that freedom is provided by it.
§40.5.51.1Is autem qui rogatus est manumittere etiam eo tempore quo alienare prohibetur potest manumittere.
Moreover, he who has been requested to manumit can manumit even at that time when he is forbidden to alienate.
§40.5.51.2Si alienum seruum quis rogatus fuerit manumittere, cum ei pecunia certa legata esset, ut emat eum et manumittat, et dominus nolit eum uendere, legatum retinet ex uoluntate defuncti.
If anyone has been requested to manumit another's slave, when a certain sum of money had been bequeathed to him in order to buy and manumit him, and the owner is unwilling to sell him, he retains the bequest according to the will of the deceased.
§40.5.51.3Cui per fideicommissum libertas debetur, liberi quodammodo loco est, et statuliberi locum optinet uel eo magis, quod nec in alium transferendus est, ut aut libertas eius impediatur aut iura patronorum grauiora experiatur.
He to whom freedom is owed by a trust is in a certain sense in the position of a free man, and occupies the place of a statuliber, or even more so, because he is not to be transferred to another so that either his freedom may be hindered or he may experience more burdensome rights of patrons.
§40.5.51.4Senatus consulto Dasumiano cautum est, ut, si ex iusta causa absit qui fideicommissam libertatem debet et hoc pronuntiatum fuerit, perinde libertas competat, atque si, ut oportet, ex causa fideicommissi manumissus esset.
By the Dasumian senatusconsultum it is provided that, if he who owes the trust freedom is absent for a just cause and this has been declared, freedom shall accrue just as if he had been manumitted, as is proper, by virtue of the trust.
§40.5.51.5Abesse autem is intellegitur, qui a tribunali abest.
Now, he is understood to be absent who is absent from the tribunal.
§40.5.51.6Et quia de heredibus tantum cautum erat, adiectum est eodem senatus consulto, ut quicumque fideicommissam libertatem ex quacumque causa pronuntiatum fuerit eum eosue abesse, perinde habeatur, atque si, ut oportet, ex causa fideicommissi manumissus esset.
And because provision had been made only concerning heirs, it was added by the same senatusconsultum that whoever owes the trust freedom, if it has been declared that he or they are absent for any cause, he shall be treated just as if he had been manumitted, as is proper, by virtue of the trust.
§40.5.51.7Sed Articuleiano senatus consulto cauetur, ut in prouinciis praesides prouinciae cognoscant, licet heres non sit eius prouinciae.
But by the Articuleian senatusconsultum it is provided that in the provinces the governors of the province shall take cognizance, although the heir is not of that province.
§40.5.51.8Sed si non hereditarium seruum quis rogatus fuerit manumittere, sed proprium, ex senatus consulto Iunciano post pronuntiationem peruenit ad libertatem.
But if anyone has been requested to manumit not a slave belonging to the inheritance, but his own, he arrives at freedom after the declaration by virtue of the Juncian senatusconsultum.
§40.5.51.9Siue iusta ex causa abest siue latitet siue praesens non uult manumittere, pro absente eum haberi diuus Pius rescripsit.
Whether he is absent for a just cause, or is in hiding, or being present is unwilling to manumit, the deified Pius rescribed that he is to be held as absent.
§40.5.51.10Emptor quoque ut manumittat, eodem senatus consulto expressum est.
That the purchaser also should manumit is expressed in the same senatusconsultum.
§40.5.51.11Et praesens coheres perinde manumittat, atque si traditum a coherede accepisset.
And let the co-heir who is present manumit just as if he had received him delivered by his co-heir.
quod et in impuberis persona coheredis, qui non erat rogatus manumittere, eundem principem rescripsisse relatum est.
It is reported that the same emperor rescribed this also in the person of a minor co-heir, who had not been requested to manumit.
§40.5.51.12Sed si matrimonii causa quis manumittere rogatus est, non est cogendus eam uxorem ducere, sed sufficit fideicommissa libertas.
But if anyone has been requested to manumit for the sake of marriage, he is not to be compelled to marry her, but the trust freedom is sufficient.