1.1.33 to 1.1.39

These opinions, originally intended to mitigate the severity of the Civil Law, whose basis was the harsh and inflexible collection of the Twelve Tables, by enabling the magistrate to modify his decisions, and evade the cruel legislation of a barbarous age, laid the foundation of equity jurisprudence. After the Responsa had, by Imperial sanction and general acceptance, acquired full legal effect, they were designated sententiæ receptæ. —ed. V. CONCERNING ENEMIES WHO HAVE SURRENDERED AT DISCRETION. (14) Those enemies are called dediticii who, having formerly taken up arms and fought against the Roman people afterwards have been conquered and have surrendered at discretion. (15) From this it is evident that slaves who have been guilty of criminal acts of this kind, no matter in what way, or at what age they may have been manumitted, and even though their masters had complete authority over them, can never become either Roman citizens or Latins, but must always be classed among enemies who have surrendered at discretion. (16) If, however, a slave has not been guilty of such criminality, we declare that by manumission he sometimes becomes a Roman citizen, and sometimes a Latin. (17) Where the following three requisites are combined in the person of a slave, that is to say where he is over thirty years of age, where his master is invested with full civil rights, and he is set free by proper and lawful manumission through the intervention of the prætor, by enrollment on the register of the census, or by will, he becomes a Roman citizen; if, however, one of these requisites should be lacking, he will become a Latin. VI. CONCERNING MANUMISSION, AND PROOF OF THE REASON FOR IT.