[Iustiniani Institutiones]

I, Fufia, [set] a limit so that he could not manumit beyond his own or three, perhaps, in the last will, as in the following, in the end.

a Mode, i.e., number: a certain quantity which [exists] with [the] limit.
b Which: i.e., the Fufian cause. It was threatened to be introduced, as in public [statutes], and as in Digest, On accusations, § alien. For [the] law preserves the nature which stands in chaff, which can neither hold chaff for itself nor permit another to take it; thus neither could he hold slaves because he was dying, as in the following, On donations, § if false; nor did he suffer liberty to be given to them. Whence it is deservedly called "canina" dog-like/mean, so that the name follows the thing, as in the following, On donations, § it is also another.
c Impeding: that is, bringing an impediment.
d Envy: note against the envious, thus Code, On caducary [laws] to be repealed, in the present.
e Family: i.e., all the slaves who are called a family, as in Digest, On the significance of words, pronunciation, § 1, Accursius Florentinus.
f Cause: such as fraud or the age of the manumittor, as in the above, title 1, in the present a.g. the same.
g Dying: but how can anything be taken away when he has nothing, for death took everything, in the Authenticum, On marriages, § princeps, collection 3. Answer: say "to the dying," that is, those tending toward death, because he was laboring in his extremities, or as if, or even he was healthy but out of fear of death he was doing this, as in Digest, On donations in case of death, law 3, 4, 5, 6.
h To take away: note here an argument that those things which are done between the living are drawn to last wills, thus conversely, Digest, On pacts, law: pactum original: "pactum".
i On those who are of their own or another's right: Answer, it restricts the first member of the division placed, in the above, On persons, so that it does not comprehend certain free persons, children-in-power. Item, immediately when he says "alien right," he amplifies the second member in the divisions so that it also comprehends certain free persons, namely children-in-power. Since therefore there is addition and subtraction of the said division, now this division is by civil law, as in Digest, On justice and law, law: the civil law. But the above about the law of persons was according to natural law and the law of nations, and we spoke there, and therefore it is immutable, as in the above, On natural and civil law, the last section.

to have the license to donate his entire family to liberty, unless another cause impedes the liberty to those who are dying, or to take away this kind of license.

On those who are of their own or another's right.

[It] follows concerning the law of persons, another division. For some persons are of their own right, others are subject to another's right. Again, of those who are subject to another's right, some are in the power of parents, others in the power of masters. Let us see, therefore, concerning those who are subject to another's right. For if we shall have known who these persons are, at the same time we shall understand who are of their own right. And

Sequitur de iure personarum alia diuisio . nam quedam persone sui iuris sunt quedam alieno iuri subiecte sunt Rursus earū q alieno iuri sunt subiecte . alie sunt in potestate pa rentum . alie in potestate dominorum Videamus itaqz de his que alieno iuri subiecte sunt . Na si cognouerimus que iste persone sunt simul intelligemus que sui iuris sunt . ac

a Right: some are held by neither right, as children whose parents are captured by enemies, as in the following, On the modes by which parental power is dissolved, § final, by enemies. For others also are in dependency, as in Digest, On usufruct, but also those who are between, § 1, and in the Authenticum, On not alienating, § 1, Authenticum collection 1, by this according to some, we all. For [he] is of his own right here, when his father is a slave of the enemies and in their power, as in the above, On the law of persons, § slaves. Therefore they cannot have another in power, as in Digest, On the acquisition of things, Law: homo liber, § whatever.

Equitur diuisio que est de iure ciuili . cū in ea ius gentium distinguatur . ut . ff . de iusti . a iu . ius ciuile . superioz autem quam habuimus . s . de iure perso . i . rē ē de iure gētū . cū nō sit seruit9 iure natāli cōgta . ut . s . l ib . i . i . ac .

Digest, On the acquisition of possession, law 1, with the heirs, is the middle, and Digest, On the Julian law regarding adultery, law: sic euenit original: "sic euenit", and besides, their reason or opinion is absolute, who say that this division receives a middle, as in Code, On sentences.
b Furthermore: see the above, 1, the last section. As the above, 1, 1, 5, and it is an argument, by law 1.
p Furthermore: for as Aristotle says, of contraries, the same is the discipline, as here, and the above, On guardianships, law: s. re, and Digest, 1, 1. And this is a strong argument, by

prius inspiciamus de his que in potestate domino rum sunt . In potesta te itaqz domnorum sunt serui quidem potestas iurisgentium est . Na apud oes pene gē tes animaduertere possu mus dominis in seruos vite necisqz potestate esse . et quodcunqz per seruū ac quiritur id domino acq/ ritur . Sed hoc tempo re nullis hominibus qui sub imperio nostro sunt liceat sine causa legibus cognita in seruos suos supra modum seuire . Nam ex constitutione diui . pij . anthonini . qui sine causa seruum suum occiderit nō minus puniri iubetur q si alienuz seruū occiderit

the knowledge of one of the immediates is reached to the knowledge of the other, and it makes for this, as in Digest, On procurators, law: pomponius, § penult., and Digest 1, and Digest, On praetorian stipulations, law 1, § 1, of these stipulations, the following, On guardianships, around the beginning.
d Of the nation: that is, introduced by the law of nations, as in the above, On the law of persons, § servitude.
e To perceive: that is, to turn in the mind and think, as Cato said.
f To be: improperly placed for "to have been," as is immediately gathered, as in Digest 1, and the same was present in the child, as is gathered according to one letter, Digest, On the free and post-born, law: in ius is, and the following, On damage, § final, and Code, On parental power, law 1, final.
g To the master: or as to the master, as to a usufructuary and a possessor in good faith, by whom it is acquired from two causes, as in the following, On those through whom, § concerning these.
h And whatever: that is, justly a slave in the end. But certainly it is not unless it is acquired. Therefore to the master, because he does not [acquire] for himself, as in Digest, On those through whom persons, On the item slave, and Digest, On acquiring an inheritance, it pleases. Wherefore he says that it is always acquired for the master, even if the slave acquires through deceit or fear, as in Digest, For a buyer, law 3, § celsus, and the above, pomponius, argument if the slave, but this being the only thing inspected, whether it is acquired, for instance if a slave stipulates labors from a free man, R., as in Digest, On slave stipulations, law: antepenult., or if another act is done in the stipulation, as in the following, On slave thefts, § but when the act is not in the cases which he says, as in Digest, On stipulations, § final, with. Nor does the said letter obstruct that "through the slave," because it is never [so] for the master, so that it may remain for him, for he is bound to render. But is liberty given by the master or by the law, which sometimes happens, as in Code, On slaves who [are liberated] for reward, throughout, and in the Authenticum, On modes, § 2, acquired for the master? Answer: No, for although it is acquired for the master, liberty cannot be given to a free slave, as in Digest, On fideicommissa of liberty, generally, if to a human. Nevertheless, by that very moment he becomes free so that he does not have a master. And thus this opposition is about a point. Thus and otherwise as here it goes, Rome and here makes a wall. It is not true, however, when he had said that he had done [it], although he is at the last moment of completing. A similar question is in Digest, If [something is done] because of fear, law: errat original: "errat".
i To the master: or as to the master, as to the usufructuary and possessor in good faith, by whom it is acquired from two causes, as in the following, On those through whom, § concerning these.

Extensive handwritten marginal and interlinear notes remain largely illegible due to density and wear, primarily concerning the legal standing of slaves and the definitions of ownership.