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CHAPTER XX - Manumission during the Empire. Forms

Published online by Cambridge University Press:  07 September 2010

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Summary

The period covered by this heading extends over nearly 600 years, if we regard Justinian's reign as the end of things. It ought in strictness to be treated as at least three distinct periods, but as nearly the whole of our information is derived from Justinian's compilations, it is not easy so to divide it. But it is plain that he made many changes, and it is possible thus to treat the matter as having a history in two periods, of which the first ends with the accession of Justinian. It must, however, be remembered that changes are going on rapidly throughout this period, and thus it is important to keep perspective in view. Moreover, of a great mass of detail, it is not easy to tell how much of it is classical and how much is of a later age. This will be treated, for the most part, in the discussion of the, first period, so that the law under Justinian will be dealt with more shortly.

It was no longer true in the Empire that all manumission made the slave a civis, but, for the present, we shall discuss the normal case, leaving the special statutory rules and restrictions for a later chapter.

The formal modes of manumission are (1) Gensu, (2) In sacrosanotis Ecclesiis, (3) Vindicta, (4) Testamento.

1. Censu. This is practically obsolete.

2. In saceosanctis Ecclesiis. This is a method which it seems somewhat out of place to consider so early, for, as we know it, it dates only from the time of Constantine.

Type
Chapter
Information
The Roman Law of Slavery
The Condition of the Slave in Private Law from Augustus to Justinian
, pp. 449 - 478
Publisher: Cambridge University Press
Print publication year: 2010
First published in: 1908

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