De publicis iudiciis libri
Fragmenta incerta
Dig. 48,20,8Macer libro ..... de publicis iudiciis. Liberis quoque patronorum integrum ius patronatus servatur in bonis paterni liberti publicatis. si eius liberti extat patroni filius, fisco locus non est in parte filii patroni. 1Si patroni filius excluditur propter liberos quos habet libertus, satius est dicere fisco locum non esse, quoniam patroni filium excludunt liberi liberti, ipse autem fiscum repellit. 2Patroni filius etiamsi bonorum possessionem non petat, haud dubie excludit fiscum in parte sibi debita ex bonis liberti paterni. 3Relegati bona per sententiam specialem publicari poterunt, nec tamen iura adversus libertos ei auferuntur nisi principis iussu. 4Si condemnatur pater, qui dotem pro filia dedit, fisco in eam dotem ius non est, etiamsi postea in matrimonio filia moriatur,
Marcianus, Book. The right of patrons is preserved unimpaired for their children, so far as the property of a freedman of their father, whose property has been confiscated, is concerned. If the son of the patron appears, the Treasury can claim nothing of the share to which he is entitled. 1Where, however, there is a son of the patron, and a son of the freedman as well, the former will be excluded; and there will still be more reason for us to hold that there will be no ground for forfeiture to the Treasury, as children of the freedman exclude those of the patron, and those of the patron exclude the Treasury. 2But even if the son of the patron does not desire to demand prætorian possession of the estate, it is established that the Treasury will be excluded from that portion of the property of the freedman of his father to which he is entitled. 3The property of a person who has been relegated is not confiscated, unless this is expressly done by the terms of the sentence; but the rights of freedmen cannot be taken away by a special sentence, because the Emperor alone can deprive a relegated person of them. 4When a father, who has given a dowry for his daughter, is convicted, nothing is forfeited to the Treasury, even if the daughter should die afterwards during marriage, in which case the profecticial dowry will revert to the father. Therefore it will remain in the hands of her husband.
Dig. 48,20,10Macer libro ..... de publicis iudiciis. Etiam si pater, cum pro filia dotem promisisset, condemnatur, vir eam ex bonis eius a fisco petit. 1Si post solutum matrimonium filiae pater condemnatur, si quidem postquam filia ei consensit de dote repetenda, fiscus a marito eam repetit: si antequam consentiret ei, condemnatus est, ipsa repetitionem habet.
Marcianus, Book. Even if the father has promised a dowry for his daughter, and has been convicted, an action to recover the dowry from the estate of the father will be granted to the husband against the Treasury. 1Where a father has been convicted, after the dissolution of the marriage of the daughter, and, indeed, after the daughter has given her consent for him to have the dowry, the Treasury can recover it from the husband; but, before she gives her consent, the daughter herself will have a right to recover her dowry.