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CHAPTER XXIV - Manumission under Justinian

Published online by Cambridge University Press:  07 September 2010

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Summary

Many of Justinian's changes, not directly concerned with the law of manumission, had, indirectly, great effect upon it. It may be as well to enumerate the chief of these changes before stating the law systematically. He abolished the distinction between quiritary and bonitary ownership. He repealed the sc. Claudianum, with its connected legislation. He abolished the classes of latini and deditidi (thereby doing away with the rule that the slave must be 30, and with the restrictions as to criminal slaves who were freed), and he repealed the lex Fufia Caninia.

The rules in his time may be stated thus.

A. FORM. Census is gone. Vindicta remains, having long since ceased to be, if it ever was in any reasonable sense, a judicial process. Manumission in ecclesiis still continues. Manumission by will of course still remains. The general effect of legislation of the later Empire having been to abolish the praetorian will, the question whether freedom can be given by it is obsolete. The place in the will is now immaterial. Implied gifts are more freely recognised. Whatever may have been the earlier law it is now clear that appointment of servus proprius, as tutor, implies a direct gift of liberty. The rule is subject to some obvious restrictions. Thus, as it turns on an implication of intent, the rule does not apply where the facts negative this intent, e.g. where the testator thought the slave free. And where the slave is appointed cum liber erit, the appointment is a mere nullity.

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Chapter
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The Roman Law of Slavery
The Condition of the Slave in Private Law from Augustus to Justinian
, pp. 552 - 572
Publisher: Cambridge University Press
Print publication year: 2010
First published in: 1908

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