sed et aliis multis modis libertas servo competere potest, qui tam ex veteribus quam nostris constitutionibus introducti number. (1) Vindicta, a form of the praetor's voluntary jurisdiction, or prearranged suit at law: the slave was claimed as free in a real action (vindicatio) by an adsertor libertatis: the master, as defendant, instead of resisting the claim by laying the vindicta or rod on the slave before the praetor, released him (manu mittebat), thereby confessing himself in the wrong, whereupon the praetor adjudged the slave free (Plautus, mil. glor. 4. 1. 15). The procedure, which at first was strictly that of the 'legis actio sacramenti' (for which see Gaius iv. 16, and Index, inf.) was simplified in course of time by the part of adsertor being played by one of the praetor's lictors, and by the release of the master from all formal cooperation: finally, the necessity of an adsertor was altogether dispensed with, and it was held sufficient if the master, accompanied by the slave, declared his intention of enfranchising him to the praetor, whenever ('semper' in the text is explained by Theophilus 'kai év ámpákтæ pépa') and wherever he met the latter, and if the latter thereon formally adjudged him free: see § 2 of this Title, and for the process generally Poste's Gaius loc. cit. (2) Censu (for the census see General Introd. p. 20. supr.) The censor could make anyone a citizen of Rome by entering his name on the census or official list, and this was used for manumission by the master's taking his slave to the censor and allowing him to make his 'professio' before him without entering an objection. Ulpian speaks of the census as a thing of the past, only three having been held since the Christian era, the last A. D. 74; the form was revived but once afterwards, A. D. 249, so that Justinian does not mention this as one of the modes in which a slave could gain his freedom. (3) Testamento. The master could either bequeath a slave his liberty directly, in which case he became 'libertus orcinus,' Bk. ii. 24. 2 inf., and was free from the moment the heir accepted the inheritance, unless the manumission was conditional or ex die (note on Tit. 20. I inf.), or imposed on the heir (or some other person) an obligation to manumit him (libertas fideicommissaria), in which case he became the freedman of the person by whom he was manumitted; cf. Ulpian, reg. 2. 7. 8. These were in Cicero's time the only modes in which a manumitted slave could become liber. If the master attempted to enfranchise him in any other way (e. g. by a declaration in the presence of witnesses— 'manumissio inter amicos' Ulpian, reg. 1. 18, Pliny, Ep. 7. 16, Seneca de vit. beat. 24. 2 by a letter, 'per epistolam,' Martial, ep. 9. 89, Isidorus, orig. 9. 4, or by treating him as free, e. g. convivii adhibitione, by inviting him to sit at meat with him-which were called manumissiones minus solennes), the man remained legally a slave, but was said 'in libertate esse' Gaius iii. 56, note on Tit. 3. 5 supr. A legal status was first conferred on slaves manumitted in any of these informal ways by the lex Iunia Norbana, A. D. 19, for which see on § 3 inf. A new form of manumission (in ecclesiis) which had complete legal effect was introduced by Constantine, consisting in a declaration by the master in 2 sunt. Servi vero a dominis semper manumitti solent: adeo ut vel in transitu manumittantur, veluti cum praetor aut proconsul aut praeses in balneum vel in theatrum eat. 3 Libertinorum autem status tripertitus antea fuerat: nam qui manumittebantur, modo maiorem et iustam libertatem consequebantur et fiebant cives Romani, modo minorem et Latini ex lege Iunia Norbana fiebant, modo inferiorem et fiebant ex lege Aelia Sentia dediticiorum numero. sed dediticiorum quidem pessima condicio iam ex multis temporibus in desuetudinem abiit, Latinorum vero nomen non frequentabatur: ideoque nostra pietas omnia augere et in meliorem statum reducere desiderans in duabus constitutionibus hoc emendavit et in pristinum statum reduxit, quia et a primis urbis Romae cunabulis una atque simplex libertas competebat, id est eadem, quam habebat manumissor, nisi quod scilicet libertinus fit qui manumittitur, licet manumissor ingenuus sit. et dediticios quidem per constitutionem expulimus, quam promulgavimus inter nostras decisiones, per quas suggerente nobis Triboniano viro excelso quaestore church in the presence of the congregation and the bishop, attested by a document signed by the latter; Cod. Theod. 4. 7. The right of the full owner to manumit was originally subject to no restrictions, except so far as he was bound by any contract or testamentary disposition under which the slave came into his possession. Subsequently, however, limitations were imposed, in the main on political grounds, by the lex Aelia Sentia, A. D. 4, § 4 inf. and Tit. 6. pr., and the lex Fufia Caninia, Tit. 7 inf., and by the lex Iulia de adulteriis, Bk. iv. 18. 4 inf., in order to assist the conduct of criminal proceedings. Until Justinian abolished the distinction between Bonitary and Quiritary ownership (note on Bk. ii. 1. 11 inf.) a slave might belong to one person ex iure Quiritium, and be 'in bonis' of another; the latter alone could manumit him, but only so as to make him a Latinus Iunianus ; Ulpian, reg. 1. 16. Where one person had a usufruct in a slave belonging to another, any attempt by the former to manumit him merely resulted in the extinction of his usufruct; he could be manumitted by the owner, who, however, could not thus prejudice the right of the usufructuary; Ulpian, ib. 19: Justinian (Cod. 7. 15. 1) made some alteration in this. The same principles were observed in respect of a slave who had been given in security by pledge; but the manumission of any slave in whom another person had a ius in re aliena made him Latinus only and not civis, until Latinitas was abolished by Justinian. For the manumission of a slave owned by joint proprietors see Bk. ii. 7. 4 and note inf. § 3. The lex Iunia Norbana bestowed on slaves manumitted 'minus antiqui iuris altercationes placavimus: Latinos autem Iunianos et omnem quae circa eos fuerit observantiam alia constitutione per eiusdem quaestoris suggestionem correximus, quae inter imperiales radiat sanctiones, et omnes libertos nullo nec aetatis manumissi nec dominii manumissoris nec in manumissionis modo discrimine habito, sicuti antea observabatur, civitate Romana donavimus: multis additis modis, per quos possit libertas servis cum civitate Romana, quae sola in praesenti est, praestari. solenniter' the rights of Latinitas (General Introd. p. 26 supr.), whence they were called Latini Iuniani. The Latinitas of the Latini coloniarii had conferred the commercium without the connubium, i. e. the power of holding property and engaging in commerce under the peculiar forms and protection of Roman law, and of making a testament valid iure civili. But these rights were seriously curtailed, in the case of Latini Iuniani, by the lex Iunia Norbana, which (Gaius i. 22-24 Ulpian, reg. 20. 8) deprived them of the privileges of making a will, being named testamentary guardians, and benefiting under the will of another person. Consequently, when a Latinus Iunianus died, as he could have no suus heres or agnate, his whole property went 'iure quodammodo peculii' to his patron; Bk. iii. 7. 4 inf. Justinian repealed the lex Iunia, and as to the modes of manumission to which it had related, he enacted that they should make a slave a full citizen provided they were evidenced by five witnesses; Cod. 7. 6. The alii multi modi alluded to in § 1 are specified in the same constitution: among them are the formal designation of the slave by the master as his son, and the delivery to him of the documents by which his servitude could be proved. There were numerous modes in which a Latinus could attain the civitas; see Gaius i. 28-35, and Mr. Poste's notes. The object of the lex Aelia Sentia (A. D. 4) was to throw obstacles in the way of inconsiderate manumissions, and to guard the state against the dangers which might result from the bestowal of citizenship on slaves of bad character and antecedents; it should thus be read in close connection with the lex Fufia Caninia, Tit. 7 inf. Four of its provisions concern us. (1) It enacted that slaves who had been guilty of some serious crime, or subjected to some degrading treatment, if subsequently manumitted, should have only the same rights as dediticii, or enemies surrendered at discretion: 'lege itaque Aelia Sentia cavetur, ut qui servi a dominis poenae nomine vincti sint, quibusve stigmata inscripta sint, deve quibus ob noxam quaestio tormentis habita sit, et in ea noxa fuisse convicti sint, quique ut ferro aut cum bestiis depugnarent traditi sint, inve ludum custodiamve coniecti fuerint, et postea vel ab eodem domino vel ab alio manumissi, eiusdem conditionis liberi fiant, cuius conditionis sunt peregrini dediticii' Gaius i. 13. They could not by any possibility rise to the status of cives or even of Latini; the statute VI. QUI EX QUIBUS CAUSIS MANUMITTERE NON POSSUNT. Non tamen cuicumque volenti manumittere licet. nam is qui in fraudem creditorum manumittit nihil agit, quia lex 1 Aelia Sentia impedit libertatem. Licet autem domino, qui solvendo non est, testamento servum suum cum libertate heredem instituere, ut fiat liber heresque ei solus et necessarius, si modo nemo alius ex eo testamento heres extiterit, aut quia nemo heres scriptus sit, aut quia is qui scriptus est qualibet ex causa heres non extiterit. idque eadem lege Aelia Sentia provisum est et recte: valde enim prospiciendum erat, ut egentes homines, quibus alius heres extaturus non esset, vel servum suum necessarium heredem habeant, qui satisfacturus esset creditoribus, aut hoc eo non faciente credi forbade them to live within one hundred miles of Rome under penalty of becoming slaves again without possibility of a subsequent manumission; and their property on decease went to their patron, Gaius iii. 7476. This dediticia libertas was practically obsolete before Justinian ('nec in usu esse reperimus' Cod. 7. 5), and was formally abolished by him, as is stated in this section. (2) It placed restrictions on manumissions by masters less than twenty years of age, Tit. 6. 4 inf.; and also (3) provided that no slave under thirty years of age should be enfranchised so as to become a civis libertus unless the manumission were by vindicta, and an adequate motive were proved before a council at Rome, and in the provinces before a body of twenty recuperatores; Gaius i. 18-20. This provision was repealed by Justinian; see this paragraph, ad fin. (4) It invalidated manumissions in fraud of creditors; see Tit. 6 pr. inf. It was said above that a Latinus could in certain ways become a civis ; there were also modes in which a libertus could become ingenuus, one of which, operative only under the old law, has been noticed in the note on § I supr. Ingenuitas, however, could be conferred by imperial grant ('natalibus restitui' Dig. 40. 11. 2); and by the acquisition from the emperor of the 'ius aureorum anulorum' a freedman became ingenuus during his lifetime, but could not prejudice his patron's rights of succession; Dig. 38. 2. 3. pr., fragm. Vat. 226, Dig. 40. 10. 6. By Nov. 78. 1 and 2 Justinian bestowed the ius anulorum on all freedmen and freedwomen whatsoever: 'si quis manumittens servum aut ancillam suam . . . qui libertatem acceperit, habebit et aureorum anulorum et regenerationis ius.' Tit. VI. For the term 'heres necessarius,' and the purpose of instituting one's own slave, see Bk. ii. 19. I inf. tores res hereditarias servi nomine vendant, ne iniuria defunctus afficiatur. Idemque iuris est et si sine libertate servus 2 heres institutus est. quod nostra constitutio non solum in domino, qui solvendo non est, sed generaliter constituit nova humanitatis ratione, ut ex ipsa scriptura institutionis etiam libertas ei competere videatur, cum non est verisimile eum, quem heredem sibi elegit, si praetermiserit libertatis dationem, servum remanere voluisse et neminem sibi heredem fore. In 3 fraudem autem creditorum manumittere videtur, qui vel iam eo tempore quo manumittit solvendo non est, vel qui datis libertatibus desiturus est solvendo esse. praevaluisse tamen videtur, nisi animum quoque fraudandi manumissor habuit, non impediri libertatem, quamvis bona eius creditoribus non sufficiant: saepe enim de facultatibus suis amplius quam in his est sperant homines. itaque tunc intellegimus impediri libertatem, cum utroque modo fraudantur creditores, id est et consilio manumittentis et ipsa re, eo quod bona non suffectura sunt creditoribus. Eadem lege Aelia Sentia domino minori annis viginti non 4 aliter manumittere permittitur, quam si vindicta apud consilium iusta causa manumissionis adprobata fuerint manumissi. Iustae autem manumissionis causae sunt, veluti si quis patrem 5 aut matrem aut filium filiamve aut fratrem sororemve naturales aut paedagogum nutricem educatorem aut alumnum alumnamve aut collactaneum manumittat, aut servum pro The lex Aelia Sentia did not apply to peregrini, to whom, however, this part of it relating to manumission in fraud of creditors was extended by a 'senatusconsultum' under Hadrian; Gaius i. 47. Gaius says (i. 37) that the statute allowed a patron to revoke manumissions by his freedmen which would seriously impair his own rights of succession. For the sale of a deceased insolvent's property see Gaius iii. 78-80: it entailed posthumous infamia, whence it is said 'servus necessarius ... non magis patrimonium quam infamiam consequi videtur' Cod. Theod. 2. 19. 3. § 2. The enactment referred to is in Cod. 6. 27. 5. §4. The motive of this part of the statute is stated by Theophilus, di εὔνοιαν τῶν ἐλευθερούντων ἠπίστατο γὰρ ὡς . . . εὐχερῶς ἀπατῶνται . . . τὴν ἑαυτῶν ἐλαττοῦσιν ὑπόστασιν. The consilium consisted at Rome of five senators and five knights above the age of puberty, who sat on fixed days; Gaius i. 20, Ulpian, reg. 1. 13 A, Dig. 1. 10. pr. and 2. § 5. For the common employment of slaves as paedagogi cf. Plu |