Marcianus, Institutes, Book I. For honorary law itself is the living voice of the Civil Law.

Marcianus, Institutes, Book I. Sometimes the term “law” is used to denote a connection, as for instance, “I am connected by the law of consanguinity or affinity with such-and-such a person”.

Marcianus, Institutes, Book I. The orator Demosthenes thus defined it. “A law is something which it is proper for all men to obey for many reasons, and principally because every law was devised by, and is a gift of God; the decree of learned men; the restraint of those who either voluntarily or involuntarily are guilty of crime; it is also a common obligation of the State, by whose rules all those who reside therein should regulate their lives.” Chrysius, a Stoic philosopher of the greatest erudition, began a book which he wrote as follows: “Law is the queen of all things, Divine and human. It should also be the Governor, the leader, the ruler, of both the good and the bad, and, in this way, be the standard of whatever is just and unjust, as well as of those things which are civil by Nature, prescribing what should be done, and prohibiting what should not be done.”

Marcianus, Institutes, Book I. One condition is common to all slaves; but of persons who are free some are born such, and others are manumitted. 1Slaves are brought under our ownership either by the Civil Law or by that of Nations. This is done by the Civil Law where anyone who is over twenty years of age permits himself to be sold for the sake of sharing in his own price. Slaves become our property by the Law of Nations when they are either taken from the enemy, or are born of our female slaves. 2Persons are born free who are born from a free mother, and it is sufficient for her to have been free at the time when her child was born, even though she may have been a slave when she conceived; and, on the other hand, if she was free when she conceived, and was a slave when she brought forth, it has been established that her child is born free, nor does it make any difference whether she conceived in a lawful marriage or through promiscuous intercourse; because the misfortune of the mother should not be a source of injury to her unborn child. 3Hence the following question arose, where a female slave who was pregnant, has been manumitted, and is afterwards again made a slave, or, after having been expelled from the city, should bring forth a child, whether that child should be free or a slave? It was very properly established that it was born free; and that it is sufficient for a child who is unborn that its mother should have been free during the intermediate time.

Marcianus, Institutes, Book I. All Proconsuls after having left the city have jurisdiction, provided it is not contentious, but voluntary; for example, the manumissions of children as well as of slaves, and adoptions can take place before them. 1No one can manumit, however, before the Deputy, for the reason that he has not sufficient jurisdiction.

Marcianus, Institutes, Book I. Masters cannot, either themselves or by their agents, dispose of slaves, even if they have been guilty of criminality, for the purpose of having them fight with wild beasts. The Divine Brothers also stated this in a Rescript.

Marcianus, Institutes, Book I. If a son under paternal control, who is a soldier, manumits his slave, he makes him the freedman of his father, according to the opinion of Julianus, which he adopts in the Twenty-seventh Book of the Digest; but he says that as long as his son is living, he will have the preference over his father with reference to the estate of the freedman. The Divine Hadrian stated in a Rescript addressed to Flavius Aper, that, in this instance, he made him his own freedman and not that of his father.

Marcianus, Institutes, Book I. A slave, who has been manumitted by a will, only becomes free when the will is valid, and the estate is entered upon on account of it; or where anyone obtains possession of the estate on the ground of intestacy because of the rejection of the will. 1Where freedom is granted by a will, it is obtained as soon as the estate is accepted by one of the heirs. If it is granted after a certain period, or under a condition, it will be obtained when the time arrives, or the condition is fulfilled.

Marcianus, Institutes, Book I. A slave will not become free who has compelled his master to manumit him, and the latter, having been intimidated, states in writing that he is free. 1Moreover, a slave will not become free who was not defended by his master for a capital crime, and afterwards was acquitted. 2Where slaves are sold under the condition that they shall not be manumitted, or where they are forbidden by will to be manumitted, or where this is done by order of the Governor of a province, and they should, nevertheless, be emancipated, they will not obtain their freedom.

Marcianus, Institutes, Book I. The Divine Commodus also deprived those of the right of wearing a gold ring who had obtained it without the knowledge or consent of their patrons.

Marcianus, 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.

Marcianus, Institutes, Book I. Where anything is left by will to certain penal slaves, such as those who have been condemned to the mines, and to work connected with the mines, it is considered as not having been written, and as having been left, not to a slave of the Emperor, but to a penal slave. 1Likewise, some persons, such as those who have been sentenced to hard labor on the public works for life, or deported to an island, are deprived of citizenship, so that they no longer enjoy any privileges derived from the Civil Law, but retain whatever rights they are entitled to by the Law of Nations.