Let Us now examine the estates of freedmen. In former times it was lawful for a freedman to pass over his patron in his will with impunity; for a law of the Twelve Tables called the patron to the succession of the estate of a freedman only where the latter died intestate, without leaving any proper heir; and, therefore, even where the freedman died intestate, if he left a proper heir, his patron had no right to his property. If, in fact, the proper heir whom he left was one of his own children, there seemed to be no cause for complaint; but where the son had been adopted, it was evidently unjust that no right should survive to the patron.

(1) Hence this injustice of the law was subsequently remedied by an Edict of the Prætor. For if the freedman made a will, he was ordered to make it so as to leave his patron half of his estate; and if he left him nothing or less than half, possession of half his estate was granted to the patron in opposition to the provisions of the will; and if he died intestate, leaving an adopted son as his proper heir, possession of half of his estate was, in like manner, given to the patron as against his direct heir. All natural issue could, at one time, be made use of for the exclusion of the patron, not only such as he had under his control at the time of his death, but also such as had been emancipated or given in adoption, in case they were only appointed heirs to a certain part of the estate, or, having been passed over, brought an action under the Edict for possession of the property contrary to the provisions of the will; as having been disinherited they in no way excluded the patron.

(2) Subsequently, by the Lex Papia, the rights of patrons who had wealthy freedmen were extended. For it was provided that a full share should be due to the patron out of the estate of a freedman who left a hundred thousand sesterces, and had less than three children, whether he executed a will, or died intestate. When, therefore, a freedman left a son or a daughter as his heir, half of his estate was due to the patron, just as if he had died without leaving any son or daughter; when he left two heirs of either sex, a third part was due to the patron; but when he left three heirs, the patron was barred from the succession.

(3) But one of Our Constitutions which We have composed in the Greek language with a complete interpretation for the enlightenment of all persons, made a distinction in cases of this kind; so that if a freedman or freedwoman be less than centenarii, that is to say, if they have property that is worth less than a hundred aurei (for We have computed the sum stated in the Lex Papia in such a way that an aureus is reckoned as equal to a thousand sesterces) the patron shall have no place in their succession if they have made a will; but if they died intestate, without leaving any children, then the right of patronage which is derived from the Law of the Twelve Tables remains unaltered.

When they are more than centenarii, and have descendants, one or more in number, of either sex or any degree, as their heirs, or those entitled to possession of their property, We have granted them the right to succeed to their relatives, excluding the patrons along with their progeny; but if they died without children and intestate, We have called the patrons both male and female to the succession of the entire estate. Where, however, they made a will and passed over their male or female patrons, either because they had no children, or if they had disinherited them; or where a mother or maternal grandfather has passed over her or his descendants, so that their wills cannot be attacked as inofficious, then, in compliance with Our Constitution they obtain by possession of the estate contrary to the provisions of the will, not half, as was formerly the practice, but a third part of the estate of the freedman; or, by Our Constitution any deficiency is made up to them in case the said freedman or freedwoman left them less than a third of his or her estate; so free from encumbrance that no legacies or trusts are to be paid out of said part to descendants of either the freedman or freedwoman, but this burden is imposed upon their co-heirs.

In the aforesaid Constitution many other cases have been collected by Us which We have considered necessary for the establishment of this principle of law; so that not only patrons of both sexes, but also their descendants, together with their collateral relatives as far as the fifth degree, are called to the succession of the estates of freedmen, as may be ascertained from that Constitution; so that if there are any descendants of the patron or patroness, or of two or more of them, he who is next of kin is called to the succession of the said freedman or freedwoman, and the estate is divided per capita, and not per stirpes.

The same rule is also applicable to those related in the collateral line; for We have made the rights of freeborn and liberated persons almost identical so far as succession is concerned.

(4) These are the regulations which should be set forth at present with reference to those freedmen who have obtained Roman citizenship; for there are no other freedmen, dedititii and Latins having both been abolished at the same time; for there were really never any successions established by law for the Latins, who, although they lived their lives as freemen, nevertheless, with their last breath lost their life and liberty, and their manumitters by the Lex Junia retained their property through a species of right of peculium, as in case of slaves.

Subsequently, however, it was provided by the Largian Decree of the Senate that the children of a manumitter, when not disinherited by name, should take precedence over the foreign heirs of the former in succeeding to the estates of Latins. To this was added an Edict of the Divine Trajan, which provided that the same slave who had obtained citizenship by having it hastily granted through the indulgence of the Emperor, his patron being unwilling or ignorant of the fact, should, while living, be considered a Roman citizen, but when dying, a Latin. But, on account of the changes in condition of this kind and other difficulties, We have declared in Our Constitution that the Lex Junia, the Largian Decree of the Senate, and the Edict of the Emperor Trajan shall, along with the Latins themselves, be abolished forever; and that all freedmen shall enjoy Roman citizenship, and by certain additional enactments of a praiseworthy character We have rendered the very means which were formerly used to obtain Latinity applicable to the acquisition of Roman citizenship.