Marcianus, Institutes, Book XIII. Where any property is left to a city the bequest will all be valid, whether it is left for distribution, or to be expended in labor, in provisions, in the instruction of children, or for any other purpose.

Ad Dig. 35,2,91Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 666, Note 8.Marcianus, Institutes, Book XIII. An heir is entitled to have, as a fourth of the estate under the Falcidian Law, all that he acquires in this capacity, but not any property which he can claim by hereditary right, or which he received as a legacy, or by virtue of a trust, or in order to comply with a condition; for none of these things are included in his fourth. But where he is charged under the terms of a trust to transfer the entire estate, or where either a legacy is left him, or he becomes the beneficiary of a trust, or where he is directed to take certain property as a preferred legacy, or to deduct or retain anything from the estate, this will be included in his fourth. With reference, however, to the share which he receives from his co-heir, this will not be included. Even though he may be requested to transfer the estate on receipt of a certain sum of money, what he receives shall be included in his fourth, as has been decided by the Divine Pius. And where anything is given to him by the beneficiary of the trust in compliance with a condition, it should be noted that this must also be included in his fourth. But if the heir should receive anything from the legatee for the purpose of fulfilling a condition, this does not come within the scope of the Falcidian Law; therefore, if the deceased devised a tract of land worth a hundred aurei, provided the devisee paid fifty to the heir, the legacies should be counted as a hundred, and the heir will be entitled to fifty, in addition to his share of the estate, and this will not be included in his fourth.

The Same, Institutes, Book XIII. The Divine Claudius ordered that a freedman who had been proved to have instigated informers to raise a question as to the civil status of his patron should again become the patron’s slave. 1It is provided by a Rescript of our Emperor that if a patron does not support his freedman, he shall forfeit his right of patronage.

Marcianus, Institutes, Book XIII. Those who are reduced to slavery by way of penalty undoubtedly cannot manumit anyone, because they themselves are slaves. 1Nor can those who are accused of a capital crime manumit their slaves, as this has been decreed by the Senate. 2The Divine Pius stated in a Rescript addressed to Calpurnius, that freedom given to slaves by a person who has been convicted under the Cornelian Law, or who was aware that he would be convicted, will be of no force or effect. 3The Divine Hadrian stated in a Rescript that where slaves have been manumitted in order that their master might be released from liability for crime, they were not legally entitled to their freedom.

Marcianus, Institutes, Book XIII. Just cause for manumission exists, where a slave has saved his master from the danger of losing his life, or from disgrace. 1It should be remembered that freedom must be granted after it has once been received, no matter what reason may be alleged against it afterwards. For the Divine Pius stated in a Rescript that where a case has once been proved it cannot be revived, provided the person is not permitted to manumit a slave belonging to another; for anything that is alleged can be contradicted by evidence, but where it has once been proved, it cannot be reconsidered.

Marcianus, Institutes, Book XIII. Where a municipality is defrauded by the manumission of slaves, the latter do not obtain their freedom, as has been promulgated in a decree of the Senate. 1It is provided by the Imperial Constitutions that when the Treasury is defrauded by grants of freedom, the latter are void. The Divine Brothers, however, stated in a Rescript that grants of freedom are not annulled merely by the fact that the person who emancipated the slaves was a debtor to the Treasury, but that he committed fraud if he was insolvent when he did so.

Marcianus, Institutes, Book XIII. All exceptions to which the principal debtor is entitled can also be employed by his surety, even against the consent of the former.

Marcianus, Institutes, Book XIII. Persons who are relegated or deported to an island should avoid forbidden places; and it is the law that one who has been relegated shall not depart from the place to which he was assigned, otherwise he who has been relegated for a time will be condemned to perpetual exile. He who is relegated for life is sent to an island; he who is relegated to an island is deported; and he who is deported to an island is subjected to the penalty of death. This is the case whether the convicted person did not go into exile within the time that he should have done so, or whether he did not obey the other rules of exile, for his obstinacy increases his penalty, and no one can effect the transfer of return of an exile except the Emperor for some good reason.

Marcianus, Institutes, Book XIII. The Divine Pius stated in a Rescript that anyone who has been deported cannot be manumitted.