Si ingenuus esse dicetur
(Where Anyone is Decided to be Freeborn.)
1 Marcellus libro septimo digestorum. Si libertus alterius alio agente ingenuus pronuntiatus esse dicetur, sine ulla exceptione temporis patronus eius cognitionem solet exercere.
1 Marcellus, Digest, Book VII. If the freedman of one person is declared to be freeborn as the result of an action brought by another, his patron can prosecute the same claim against him without being barred by an exception based on prescription.
2 Saturninus libro primo de officio proconsulis. Qui se venire passus esset maiorem, scilicet ut pretium ad ipsum perveniret, prohibendum de libertate contendere divus Hadrianus constituit: sed interdum ita contendendum permisit, si pretium suum reddidisset. 1Qui se ex libertinitate ingenuitati adserant, non ultra quinquennium, quam manumissi fuissent, audientur. 2Qui post quinquennium repperisse instrumenta ingenuitatis suae adseverant, de ea re ipsos principes adire oportere cognituros.
2 Saturninus, On the Duties of Proconsul, Book I. The Divine Hadrian decided that anyone who was of age, and permitted himself to be sold in order that he might receive a portion of the price, should be forbidden to bring an action to obtain his freedom; but that he could do so under certain circumstances, if he returned his share of the price which had been paid. 1Those who are freedmen, and assert their claim to freedom by birth, shall not be heard after the lapse of five years from the date of their manumission. 2Those who, after the lapse of five years, allege that they have discovered documents establishing their rights to be considered freeborn, must have recourse to the Emperor, who will examine their claims.
3 Pomponius libro quinto senatus consultorum. Hoc sermone ‘adgnitis natalibus’ de nullis aliis intellegendum est senatum sensisse quam ingenuis. 1Verbo autem ‘relinquerent’ etiam hoc intellegendum est, ut quaecumque ex re eius, a quo manumissi erant, adquisita habeant, restituant. sed id quemadmodum accipiendum sit, videndum est, utrumne quae ignorantibus dominis abstulissent, item quod ex his adquisitum, reddere debeant, an vero etiam concessa et donata a manumissoribus amplexi sint: quod magis est.
3 Pomponius, Decrees of the Senate, Book V. By the following words: “Their birth having been acknowledged,” the Decree of the Senate must be understood only to refer to those who would have been considered freeborn. 1By the clause, “Would have left,” it must be understood that whatever such persons have obtained from the property of him by whom they were manumitted must be restored. Let us see in what manner this must be interpreted, whether they must return whatever has been acquired by them by means of the property of their masters, or what they have abstracted from them without their knowledge, or whether this includes the property which has been granted and donated by the persons who manumitted them. The latter is the better opinion.
4 Papinianus libro vicensimo secundo quaestionum. Oratio, quae prohibet apud consules aut praesides provinciarum post quinquennium a die manumissionis in ingenuitatem proclamare, nullam causam aut personam excipit.
4 Papinianus, Questions, Book XXII. The Rescript which forbids freedom of birth to be demanded before the Consuls or Governors of provinces, after the lapse of five years from the date of manumission, excepts no cases or persons.
5 Idem libro decimo responsorum. Patronum post quinquennium sententiae pro ingenuitate dictae, quo ignorante res iudicata est, non esse praescriptione temporis summovendum respondi.
5 The Same, Opinions, Book X. I gave it as my opinion, that a patron should not be barred by prescription after the lapse of five years from the date of the judgment entered in favor of freedom, when he is ignorant that such a judgment has been rendered.
6 Ulpianus libro trigensimo octavo ad edictum. Quotiens de hoc contenditur, an quis libertus sit, sive operae petantur sive obsequium desideretur sive etiam famosa actio intendatur sive in ius vocetur qui se patronum dicit sive nulla causa interveniat, redditur praeiudicium. sed et quotiens quis libertinum quidem se confitetur, libertum autem Gaii Seii se negat, idem praeiudicium datur. redditur autem alterutro desiderante: sed actoris partibus semper qui se patronum dicit fungitur probareque libertum suum necesse habet aut, si non probet, vincitur.
6 Ulpianus, On the Edict, Book XXXVIII. Whenever a dispute arises as to whether anyone is a freedman or services are demanded of him, or obedience from him is required, or where an action implying infamy is to be brought, or he who alleges that he is the patron is summoned to court, or proceedings are instituted without good cause, a prejudicial action will lie. The same prejudicial action will also be granted where a person confesses that he is a freedman, but denies that he has been liberated by Gaius Seius. It will also be granted where one or the other party requests it, but he who represents himself to be the patron shall always take the part of the plaintiff, for he must prove that the person in question is his freedman, and if he does not do so he will lose his case.