Paulus, On the Edict, Book L. Neither a woman; nor a soldier; nor a person about to be absent on business for the State; nor one who is afflicted with a chronic disease; nor one about to assume the duties of a magistrate; nor one who cannot be compelled against his will to be a party to judicial proceedings, is understood to be a proper defender. 1Guardians who have transacted the business of their office in any place must also be defended in that place.

The Same, On the Edict, Book L. Where anyone sells a female slave under the condition that she shall not be prostituted, and if this is violated he shall have a right to take her back; he will have power to do so, even if the slave has passed through the hands of several purchasers.

Paulus, On the Edict, Book L. Where a slave is sold under the condition that he shall be manumitted within a certain time, if he is not manumitted, he becomes free; notwithstanding that the party who sold him may still adhere to his original intention. It is not necessary to ascertain the wish of the heir.

The Same, On the Edict, Book L. A slave who has been guilty of kidnapping, and for whom his master has paid the penalty, is forbidden by the Favian Law to be manumitted within ten years; and in this case we do not consider the time when the will was made, but the date of the death of the testator.

Paulus, On the Edict, Book L. We can manumit a slave in the presence of the Proconsul after he has left the City. We can also manumit a slave in the presence of his Deputy.

The Same, On the Edict, Book L. Servius was of the opinion that freedom could be granted directly to slaves who had belonged to the testator, both at the time when the will was made, and when he died. This opinion is correct.

Pauliis, On the Edict, Book L. If I should sell and transfer to you the usufruct in a man who is free, Quintus Mucius says that he will become a slave, but the ownership will not become mine, unless I sell the usufruct in good faith, for, otherwise, there will be no owner. 1In a word, it must be noted that what has been said with reference to men sold as slaves, and whose claim to freedom is denied, also applies to such as are donated, and given by way of dowry; just as it does to those who have permitted themselves to be given in pledge. 2Where a mother and her son both demand their freedom, the cases of the two should be joined, or that of the son should be deferred until the mother’s case has been decided; as was decreed by the Divine Hadrian. For where the mother has instituted proceedings before one judge, and her son before another, Augustus stated that the condition of the mother must first be established, and after that the case of the son should be heard.

Paulus, On the Edict, Book L. An estate cannot be acquired by the usufructuary through a slave, for an estate cannot consist of the services of a slave.

Paulus, On the Edict, Book L. When an injury is committed against a husband, his wife cannot bring the action, because it is proper for wives to be defended by their husbands, and not husbands by their wives.

Paulus, On the Edict, Book L. If, when intending to strike my slave with my fist, I should unintentionally strike you, while you were standing near him, I will not be liable for injury.

The Same, On the Edict, Book L. He is held to make restitution who restores that which the plaintiff would have had if no controversy had arisen with reference to it.