10 It is certain that the part of the Edict in which the possession
of goods is promised to the next of kin has nothing to do with the
relationships of slaves with one another, nor is there any old
statute by which such relationships were recognised. However, in
the constitution which we have issued with regard to the rights of
patrons--a subject which up to our times had been most obscure, and
full of difficulties and confusion--we have been prompted by humanity
to grant that if a slave shall beget children by either a free woman
or another slave, or conversely if a slave woman shall bear children of
either sex by either a freeman or a slave, and both the parents and the
children (if born of a slave woman) shall become free, or if the mother
being free, the father be a slave, and subsequently acquire his freedom,
the children shall in all these cases succeed their father and mother,
and the patron's rights lie dormant. And such children we have called
to the succession not only of their parents, but also of one another
reciprocally, by this enactment, whether those born in slavery and
subsequently manumitted are the only children, or whether there be
others conceived after their parents had obtained their freedom, and
whether they all have the same father and mother, or the same father and
different mothers, or vice versa; the rules applying to children born in
lawful wedlock being applied here also.
11 To sum up all that we have said, it appears that persons related
in the same degree of cognation to the deceased are not always called
together, and that even a remoter is sometimes preferred to a nearer
cognate. For as family heirs and those whom we have enumerated as
equivalent to family heirs have a priority over all other claimants, it
is clear that a great-grandson or great-great-grandson is preferred to a
brother, or the father or mother of the deceased; and yet the father and
mother, as we have remarked above, are in the first degree of
cognation, and the brother is in the second, while the great-grandson and
great-great-grandson are only in the third and fourth respectively. And it
is immaterial whether the descendant who ranks among family heirs was in
the power of the deceased at the time of his death, or out of it through
having been emancipated or through being the child of an emancipated
child or a child of the female sex.
Public-domain text, read in full here on John Shaqi.
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