however, there are several descendants of a patron or patroness, or of
two or several, the nearest in degree is to take the succession of the
freedman or freedwoman, which is to be divided, not among the stocks,
but by counting the heads of those nearest in degree. And the same
rule is to be observed with collaterals: for we have made the law of
succession to freedmen almost identical with that relating to freeborn
persons.
4 All that has been said relates nowadays to freedmen who are Roman
citizens, for dediticii and Latini Iuniani having been together
abolished there are now no others. As to a statutory right of succession
to a Latin, there never was any such thing; for men of this class,
though during life they lived as free, yet as they drew their last
breath they lost their liberty along with their life, and under the lex
Iunia their manumitters kept their property, like that of slaves, as a
kind of peculium. It was subsequently provided by the SC. Largianum
that the manumitter's children, unless expressly disinherited, should be
preferred to his external heirs in succession to the goods of a Latin;
and this was followed by the edict of the Emperor Trajan, providing that
a Latin who contrived, without the knowledge or consent of his patron,
to obtain by imperial favour a grant of citizenship should live
a citizen, but die a Latin. Owing, however, to the difficulties
accompanying these changes of condition, and others as well, we have
determined by our constitution to repeal for ever the lex Iunia, the SC.
Largianum, and the edict of Trajan, and to abolish them along with the
Latins themselves, so as to enable all freedmen to enjoy the citizenship
of Rome: and we have converted in a wonderful manner the modes in which
persons became Latins, with some additions, into modes of attaining
Roman citizenship.
TITLE VIII. OF THE ASSIGNMENT OF FREEDMEN
Before we leave the subject of succession to freedmen, we should observe
a resolution of the Senate, to the effect that, though the property of
freedmen belongs in equal portions to all the patron's children who
are in the same degree, it shall yet be lawful for a parent to assign
a freedman to one of his children, so that after his own death the
assignee shall be considered his sole patron, and the other children
who, had it not been for such assignment, would be admitted equally with
him, shall have no claim to the succession whatever: though they recover
their original rights if the assignee dies without issue.
1 It is lawful to assign freedwomen as well as freedmen, and to
daughters and granddaughters no less than to sons and grandsons;
Public-domain text, read in full here on John Shaqi.
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