De natalibus restituendis
(Concerning the restitution of the rights of birth.)
1 Ulpianus libro secundo responsorum. A principe natalibus suis restitutum eum, qui se ingenuum natum principi adfirmavit, si ex ancilla natus est, nihil videri impetrasse.
1 Ulpianus, 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.
2 Marcianus 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.
2 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.
3 Scaevola 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.
3 Scævola, 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.
4 Paulus libro quarto sententiarum. Nec filio patroni invito libertus natalibus suis restitui potest: quid enim interest, ipsi patrono an filiis eius fiat iniuria?
4 Paulus, 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?
5 Modestinus 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.
5 Modestinus, 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.