THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  XXXVII  ~
A SLAVE WHO IS MANUMITTED BY THE WILL OF HIS MASTER HAS TESTAMENTARY CAPACITY, EVEN IF HE DOES NOT KNOW THAT HIS MASTER IS DEAD AND THAT HIS ESTATE HAS BEEN ENTERED UPON.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 
The Same Emperor to the Same Stylianus.

  We correct the present law, which is imperfect, by adding a suitable amendment thereto. It declares that when a slave is not aware that he has obtained freedom under the terms of his master's will, and he receives it without knowing in what way this has been accomplished, he shall not be deprived of it in spite of his ignorance, but shall live in freedom, yet will not have the right to make a will as if he was free, for this law appears to regret having allowed him to enjoy the liberty which it conferred upon him in perpetuity. But if he has not the power to dispose of his estate by will as a freeman, why does he not return to his former condition of servitude? Therefore We decree that when the law gives him liberty, it must also bestow upon him all the privileges attaching thereto; for is it necessary to forbid him what a freeman is allowed to do, when the law has decided that he is worthy of freedom; and if he is worthy of it, why should he not be considered competent to enjoy its privileges? Hence, a slave who has received his liberty shall actually be free, and can, in whatever way seems to him proper, dispose of anything which his master gave him, no matter how valuable it may be; for it is not just for one who has publicly received the benefit of freedom to be exposed to disgrace, and deprived of testamentary capacity, on account of some ill-founded suspicion.