Corpus iurisprudentiae Romanae

Repertorium zu den Quellen des römischen Rechts

Digesta Iustiniani Augusti

Recognovit Mommsen (1870) et retractavit Krüger (1928)
Convertit in Anglica lingua Scott (1932)
Dig. XL11,
De natalibus restituendis
Liber quadragesimus
XI.

De natalibus restituendis

(Concerning the Restitution of the Rights of Birth.)

1Ul­pia­nus li­bro se­cun­do re­spon­so­rum. A prin­ci­pe na­ta­li­bus suis re­sti­tu­tum eum, qui se in­ge­nuum na­tum prin­ci­pi ad­fir­ma­vit, si ex an­cil­la na­tus est, ni­hil vi­de­ri im­pe­tras­se.

1Ulpianus, Opinions, Book II. Where anyone, who stated to the Emperor that he was born free, has been restored by him to the rights to which he was entitled by birth, is proved to have been born of a female slave, he is considered to have obtained nothing.

2Mar­cia­nus li­bro pri­mo in­sti­tu­tio­num. In­ter­dum et ser­vi na­ti ex post fac­to iu­ris in­ter­ven­tu in­ge­nui fiunt, ut ec­ce si li­ber­ti­nus a prin­ci­pe na­ta­li­bus suis re­sti­tu­tus fue­rit. il­lis enim uti­que na­ta­li­bus re­sti­tui­tur, in qui­bus in­itio om­nes ho­mi­nes fue­runt, non in qui­bus ip­se nas­ci­tur, cum ser­vus na­tus es­set. hic enim, quan­tum ad to­tum ius per­ti­net, per­in­de ha­be­tur, at­que si in­ge­nuus na­tus es­set, nec pa­tro­nus eius pot­est ad suc­ces­sio­nem venire. id­eo­que im­pe­ra­to­res non fa­ci­le so­lent quem­quam na­ta­li­bus re­sti­tue­re ni­si con­sen­tien­te pa­tro­no.

2Marcianus, Institutes, Book I. Persons who are born slaves sometimes obtain the rights of those who are freeborn, by subsequent operation of law; as where a freedman is restored by the Emperor to the rights to which he is entitled by birth; for he is restored to these rights to which all men originally are entitled, but to which he himself could assert no claim by birth, as he was born a slave. He acquires the said rights in their entirety, and is in the same position as if he had been born free, hence his patron cannot succeed to his estate. For this reason the Emperors do not usually restore anyone to his birthright, unless with the consent of his patron.

3Scae­vo­la li­bro sex­to re­spon­so­rum. Re­spon­dit: quae­ris, an in­ge­nui­ta­tis iu­re uta­tur is, quem sanc­tis­si­mus et no­bi­lis­si­mus im­pe­ra­tor na­ta­li­bus suis re­sti­tuit. sed ea res nec du­bi­ta­tio­nem ha­bet nec um­quam ha­buit, quin ex­plo­ra­tum sit ad om­nem in­ge­nui­ta­tis sta­tum re­sti­tui eum, qui is­to be­ne­fi­cio prin­ci­pis uta­tur.

3Scævola, Opinions, Book VI, Gave the Following Opinion. You ask, if our Most Holy and Noble Emperor should restore anyone to his original birthright, whether he can enjoy all the rights of one who is born free. This does not admit, and never has admitted of any doubt, because it has been established that he who obtains this privilege from the Emperor is restored to all the rights of a person who is born free.

4Pau­lus li­bro quar­to sen­ten­tia­rum. Nec fi­lio pa­tro­ni in­vi­to li­ber­tus na­ta­li­bus suis re­sti­tui pot­est: quid enim in­ter­est, ip­si pa­tro­no an fi­liis eius fiat in­iu­ria?

4Paulus, Opinions, Book IV. A freedman cannot be restored to his birthright without the consent of the son of his patron; for what difference does it make whether the wrong was done to the patron, or to his children?

5Mo­des­ti­nus li­bro sep­ti­mo re­gu­la­rum. Pa­tro­no con­sen­tien­te de­bet li­ber­tus ab im­pe­ra­to­re na­ta­li­bus re­sti­tui: ius enim pa­tro­ni hoc im­pe­tra­to amit­ti­tur. 1Li­ber­ti­nus, qui na­ta­li­bus re­sti­tu­tus est, per­in­de ha­be­tur, at­que si in­ge­nuus fac­tus me­dio tem­po­re ma­cu­lam ser­vi­tu­tis non sus­ti­nuis­set.

5Modestinus, Rules, Book VII. The freedman who desires to be restored to his natural birthright must obtain the consent of his patron, for the authority of his patron over him is lost if he acquires it. 1A freedman who is restored to his birthright is considered, in every respect, as if he had become freeborn, and, in the meantime, had not endured the infamy of servitude.