ward to defend the deceased,
and a satisfactory defender too, who gives the creditors full security
for payment.

3 Primarily, the rescript is applicable only where freedom is conferred
by a will. How then will the case stand, if a man who dies intestate
makes gifts of freedom by codicils, and on the intestacy no one accepts
the inheritance? We answer, that the boon conferred by the constitution
ought not here to be refused. No one can doubt that liberty given, in
codicils, by a man who dies having made a will, is effectual.

4 The terms of the constitution show that it comes into application when
there is no successor on an intestacy; accordingly, it is of no use so
long as it is uncertain whether there will be one or not; but, when this
has been determined in the negative, it at once becomes applicable.

5 Again, it may be asked whether, if a person who abstains from
accepting an inheritance can claim a judicial restoration of rights, the
constitution can still be applied, and the goods adjudged under it? And
what, if such person obtains a restoration after they have been actually
adjudged in order to give effect to the bequest of freedom? We reply
that gifts of liberty to which effect has once been given cannot
possibly be recalled.

6 The object with which this constitution was enacted was to give effect
to bequests of liberty, and accordingly it is quite inapplicable where
no such bequests are made. Supposing, however, that a man manumits
certain slaves in his lifetime, or in contemplation of death, and
in order to prevent any questions arising whether the creditors have
thereby been defrauded, the slaves are desirous of having the property
adjudged to them, should this be permitted? and we are inclined to say
that it should, though the point is not covered by the terms of the
constitution.

7 Perceiving, however, that the enactment was wanting in many minute
points of this kind, we have ourselves issued a very full constitution,
in which have been collected many conceivable cases by which the law
relating to this kind of succession has been completed, and with which
any one can become acquainted by reading the constitution itself.

TITLE XII. OF UNIVERSAL SUCCESSIONS, NOW OBSOLETE, IN SALE OF GOODS UPON
BANKRUPTCY, AND UNDER THE SC. CLAUDIANUM

There were other kinds of universal succession in existence prior to
that last before mentioned; for instance, the 'purchase of goods' which
was introduced wi