Ad edictum praetoris libri
Ex libro XLII
Dig. 38,2,4Paulus libro quadragensimo secundo ad edictum. Si necem domini detexerit servus, praetor statuere solet, ut liber sit: et constat eum quasi ex senatus consulto libertatem consecutum nullius esse libertum. 1Si libertus captus ab hostibus ibi decesserit, quamvis liberti appellatio eum non tangat, tamen propter legem Corneliam, quae testamentum sic confirmat atque si in civitate decesserit, patrono quoque bonorum possessio danda erit. 2Si deportatus patronus sit, filio eius competit bonorum possessio in bonis liberti nec impedimento est ei talis patronus, qui mortui loco habetur. et dissimile est, si patronus apud hostes sit: nam propter spem postliminii obstat liberis suis. 3Si extraneus a liberto heres institutus rogatus sit filio hereditatem restituere, cum ex senatus consulto Trebelliano restituta hereditate heredis loco filius habetur, patronus summovendus est.
Paulus, On the Edict, Book XLII. Where a slave has detected the murderer of his master, the Prætor should decide that he is free, and it is established that he will be the freedman of no one, having obtained his liberty under a decree of the Senate. 1Where a freedman, after having been taken captive, dies in the hands of the enemy, although the name of freedman does not apply to him, still, in accordance with the Cornelian Law which confirms his will just as if he had died at home, possession of his estate should be granted to his patron. 2If a patron should be banished, his son will have a right to prætorian possession of the estate of his freedman, and his father, as patron, will be no impediment to this, as he is considered to be dead. The case, however, is different where a patron is in the hands of the enemy, for he is an impediment to his children, on account of the hope of his return, and the law of postliminium. 3If a stranger has been appointed heir by a freedman, and is charged to transfer the estate to his son, the patron should be excluded; as the estate is delivered under the Trebellian Decree of the Senate, and the son takes the place of the heir.
Dig. 38,2,9Paulus libro quadragensimo secundo ad edictum. Qui in servitutem libertum paternum petierit, nec nomine liberorum bonorum possessionem accipere potest.
Paulus, On the Edict, Book XLII. Where anyone has wrongfully attempted to again reduce to slavery a freedman belonging to his father, he cannot either himself, or in the name of his children, obtain prætorian possession of his estate.
Dig. 38,5,5Paulus libro quadragensimo secundo ad edictum. Tenetur Fabiana actione tam is qui accepit ipse, quam qui iussit alii dari id quod ipsi donabatur. 1In actione Faviana si res non restituatur, tanti damnabitur reus, quanti actor in litem iuraverit.
Paulus, On the Edict, Book XLII. He also is liable to the Favian Action who himself receives a donation, rather than one who orders what is to be given to himself to be presented to another. 1In the Favian Action, if the property is not returned, judgment shall be rendered against the defendant for the amount which the plaintiff swears in court that it was worth.
Dig. 50,17,53Paulus libro quadragensimo secundo ad edictum. Cuius per errorem dati repetitio est, eius consulto dati donatio est.
Paulus, On the Edict, Book XLII. A person has a right to recover money which he has paid by mistake, but where he pays it designedly it is considered a donation.