Manumission –a voluntary act by a master which had the effect of liberating his slave– took a variety of forms.
- Manumission
+ Legitima manumissio (formal manumission)
Legitima manumissio was effected in three ways:
. Testamento
A grant of freedom by will. It was essential that the slave belonged to the testator at the time of making the will and at the time of death. The slave became the testator's freedman –libertus orcinus (orcinus = relating to the dead)– and rights of patronage over him vested in the testator's family. A testator could also request his heir to manumit a slave. The heir was obliged to carry out such a request and, on doing so, he became the patron of the freed slave.
. Censu (by census)
The master would enrol his slave as a free person during the census which took place every five years. The last census was taken in A.D. 74, and this method of manumission became obsolete during the Republic.
. Per vindictam (vindicta = a wand)
This was a fictitious suit in which the master, slave, and a third party (advertor libertatis) appeared before the Praetor. The adsertor touched the slave with a wand and claimed him as a free person. The master assented and the slave was declared to be free. The master had to have full ownership of the slave in civil law and had to appear personally –he could not be represented in the proceedings–.
+ Manumissio minus solemnis (manumission in the informal mode)
This could be carried out in several ways:
. In sacrosanctis ecclesiis
Manumission might be performed, in the later law, in the presence of a Christian bishop and his congregation. This mode was introduced by Constantine.
. Per mensam (or convivii adhibitione)
The slave was summoned to his master's table and manumitted.
. Per epistolam
The slave's freedom was granted by letter.
. Inter amicos
A statement of the slave's having been set free was made in the presence of a group of the master's friends.
. By appointment of a slave as one's heir, or as the tutor of one's son or by adopting him as one's son
These modes of manumission were introduced by Justinian.
Note: In general, manumissio minus solemnis had little effect; the manumitted slave had no protection if his master died. At a later date, the slave manumitted informally was said to be in libertate; he had no proprietary rights, but enjoyed personal freedom.
- Legislation concerning manumission
+ Lex Fufia Caninia (2 B.C.)
Lex Fufia Caninia limited manumission by will. An owner of 2 slaves might free them both in this way; an owner of 2-10 slaves could manumit only half of them; from 10-30, one-third; from 30-100, one-fourth; from 100-500, one-fifth. More than one hundred slaves belonging to one master could not be manumitted in this way. The Lex was repealed by Justinian.
+ Lex Aelia Sentia (A.D. 4)
The main provisions of this important legislation were:
. Any attempt at manumission by a master under twenty years of age was void, unless approved by a special council (Consolium). Where such approval was given, and the manumission had been per vindictam, the slave became a citizen. If the manumission had been informal he became a Junian Latin.
. A manumission intended to defraud a creditor was void, as was a manumission carried out by an insolvent master.
. The approval of the Consolium was needed for manumission of a slave under 30. Without such approval, the slave became a Junian Latin.
. Anniculi probatio was introduced, as a result of which a Junian Latin under 30 who married another Junian Latin, or a citizen, in the presence of seven witnesses, could achieve citizenship one year after the birth of a child, where these facts were proved before a magistrate.
. A grant of citizenship could not be made to a slave who had been punished for a grave crime; he could achieve no more than the status of the dediticii.
Note: Most of the above sections of the Lex were repealed by Justinian, but he gave a right of manumission by will to masters at the age of 17, and, later, of 14.
+ Lex Junia Norbana (date unknown, perhaps c. A.D. 19)
Some of Rome's Latin neighbours were known as Latini Coloniarii. They had freedom, but their rights were restricted. The Lex granted to those in libertate something of the status of Latini Coloniarii. They were known as Latini Juniani (Junian Latins). They were not allowed to vote or to make a will.
Note:
Junian Latins could become citizens in a number of ways, e.g. by anniculi probatio; by service in the Watch; by building a ship and importing corn; if a woman, by having three children.
Justinian granted citizenship to all Junian Latins.
- Other methods
+ By redemption. A newly-born child sold as a slave could be redeemed.
+ Pardoned servi poenae regained freedom.
+ By ius postliminii a returned captive might recover his freedom.
+ By returned price, in the case of a freeman who had become enslaved as the result of allowing himself to be sold fraudulently as a slave.
+ A pagan's slave who was converted to Christianity was given his freedom.
+ As a reward for important services, e.g. under Sc. Silanianum (c. A.D. 10) for the discovery by a slave of his master's murderer. Constantine enacted that liberty should be given to slaves who procured the conviction of coiners of bad money.
+ By Edict of Claudius.
Note: Until the time of Justinian a slave owned by two or more masters could not be freed except by agreement of all the masters.
- Status of the freedman
A freedman owed certain duties to his patron:
+ Operae (work)
The freedman had to promise on oath to perform services for his patron. An actio operarum could be used to enforce this promise.
+ Obsequium (deference)
A freedman had to respect his patron and had a duty to support him in case of need. He could not sue his patron without the Praetor's consent.
+ Jura in bonis
A patron had the right to succeed to a freedman who was childless and intestate. In the case of a childless, but testate, freedman he succeeded to one-half of his property (Justinian allowed one-third of the property in this case, and nothing if the freedman's goods were less than 100 aurei in value).
Note:
A freedman was allowed to achieve the status of a freeborn man by an Imperial act of grave (restitutio natalium), but this required his patron's consent.
A slave who had been freed because of his master's misconduct owed no duties to 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 (VI): Quasi-servility
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Source:
Roman Law, L. B. Curzon, pages 62 - 65.
