[PAULUS libro primo ad legem Iuliam. ] §40.9.15.prQuaesitum est, an is, qui maiestatis crimine reus factus sit, manumittere possit, quoniam ante damnationem dominus est.
[PAULUS, from the first book on the Julian Law.] It was asked whether he who has been made a defendant on a charge of treason can manumit, since before condemnation he is the owner.
et imperator Antoninus Calpurnio Critoni rescripsit ex eo tempore, quo quis propter facinorum suorum cogitationem iam de poena sua certus esse poterat, multo prius conscientia delictorum, quam damnatione ius dandae libertatis eum amississe.
And the Emperor Antoninus wrote back to Calpurnius Crito that, from that time at which anyone, on account of the contemplation of his misdeeds, could already be certain of his punishment, he had lost the right of granting freedom much earlier by the consciousness of his crimes than by condemnation.
§40.9.15.1Iulianus ait, si postea, quam filio permisit pater manumittere, filius ignorans patrem decessisse manumisit uindicta, non fieri eum liberum. sed et si uiuit pater et uoluntas mutata erit, non uideri uolente patre filium manumississe.
Julianus says that if, after the father permitted the son to manumit, the son, not knowing that his father had died, manumitted by the rod, he does not become free; but also if the father is alive and his will has changed, the son is not deemed to have manumitted with the father's consent.