[Iustiniani Institutiones]

See S. [Summa], title 1, paragraph 1, "Law, or Right." iure civili civil law: when a person over 25 sells himself to share in the price, see Dig. "Those by whom an action is brought," Dig. "Libertines," law "Libertines," c [Code] "Libertines," it does not occur by his own right generally, as is written here and elsewhere: the free are not obliged to be defined by a certain definition of freedom—see the Constitution "One," on the statutes of his own people; it does not set another law for all, as in S. title 1, paragraph "Law." Also, today it can be said it was by his own right, in conformity, not otherwise; formerly and at other times, today it is well pressed. Both are of these things which are under another's jurisdiction, see paragraph "Lastly," not finally, that matter of natural law, invention of civil law formulation, see Dig. "Justinian," on law, law "Law is not nature." Since natural law makes men born free by dominion; some have dominion, see Dig. "On the Division of Things," law 1, paragraph 1; and Dig. "Previously written," law "If," and add Dig. "End," law "For," which is not, Dig. "On Libertines," c [Code] "His own usufruct." 3 Confirming natural law: that all natural law is with that law by which all become free, as in I [Institutes] "Paragraph Libertines," paragraph "Same title," and S. title 1, paragraph "Law." "To save" is not fruiting, said from "persuading" always; not a notary, but a public servant original: "suus publicus" and persuading, as in Dig. "On Adoption," law "Nor is it," and law "Nor is he astricted." And Dig. "On the Republic," falcidia a portion of an estate, law "Not," which only figuring cannot be, as in C [Code] "On Tablets," generally, law 1. Capituntur They are captured, Dig. "On the Status of Persons," law 4, at the end. Fiunt They are made slaves by accident, Accursius. From analogies, law 3: fathers should have free children, as in F [Institutes] title 1, and C [Code] "On Res Vendita," law "For." What if from acceptio acceptance and free status, following the womb? As in the Authentics, which from adfectione affection, and libertis muneribus libertine gifts, paragraph 1, col. 5. From captivity, which occurs by occasion of war, which is of the law of nations, as in paragraph "Lastly," F [Institutes] "Law." A third way, as in C [Code] "On the Assignment of Cognates," tolling... [remainder of margin text is fragmented technical legal notes on manumission and status].

But the law of nations is that by which anyone is subjected to another's dominion against nature. Slaves are called such because commanders order captives to be sold, and thus they are accustomed to save them and not kill them. And they are also called mancipia slaves/possessions because they are captured by the hand original: "manu capiuntur" from the enemy. Slaves are either born or made. They are born from our slave women. They are made by the law of nations, i.e., from captivity, or by civil law when a free person over twenty-five years of age has allowed himself to be sold to share in the price. There is no difference in the condition of slaves, but among the free there are many differences, whether they are ingenuous free-born or libertines freedmen.

On the free-born

... [Technical legal definitions of status and freedom continuing from the previous column notes].

A free-born person is he who immediately

... [Legal notes on the status of children born from free mothers and slave fathers, including references to Lombard law vs Roman law].

at birth is free, whether born from two free-born parents in a state of marriage, or from two libertines, or from one libertine and one free-born parent. But if one is born from a free mother but a slave father, he is born free-born nonetheless, just as one born from a free mother and an uncertain father, because he was conceived generally.

It is sufficient, however, that the mother was free at the time in which he is born, even if she had conceived as a slave woman. And conversely, if a woman conceived while free, and then became a slave and gave birth, it was decided that he who is born is born free. Because the calamity of the mother should not harm him who is in the womb.

And from these, it is confirmed that