The Institutes speak of men as being either free or slaves. In fact, some persons enjoyed a status which was between freedom and slavery.
- The colonus
A settler on a large estate. He was the tenant of a landowner, but was not allowed to leave the land. He was sold with the land and could not be ejected from it.
- The hired gladiator
A freeman who had contracted to serve as a gladiator.
- The cliens
One who enjoyed the protection of a patron.
- The bona fide serviens
A freeman who, as the result of an error, was serving as a slave.
- The debitor addictus
A debtor who had been handed over to his creditor for sale.
- The redemptus
A slave who had been freed by will subject to a condition.
Example: Stichus, slave of Marcus, is to be manumitted according to the following direction in the will of Marcus: "Let Stichus be free when Titius dies". Until Titius dies Stichus becomes the property of Marcus's heir, who can sell him. Stichus will become free, nevertheless, on the death of Titius.
- The person in mancipio (mancipium = civil bondage)
Mancipium existed where a paterfamilias conveyed someone in his power to another by mancipation, e.g. where a paterfamilias made noxal surrender of a son.
Note:
A person manumitted from civil bondage became sui iuris, because mancipation extinguished potestas.
Mancipation had become obsolete by Justinian's time and was formally abolished by him.
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- Slavery in Roman Law
+ Slavery (I): Its nature
+ Slavery (II): Legal status of the slave
+ Slavery (III): Causes of enslavement
+ Slavery (IV): Protection of the slave
+ Slavery (V): Termination of enslavement
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Source:
Roman Law, L. B. Curzon, page 66.
