The Institutes of Justinian by Unknown
page 11 of 272 (04%)
page 11 of 272 (04%)
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OF FREEDMEN
Those are freedmen, or made free, who have been manumit- ted from legal slavery. Manumission is the giving of freedom; for while a man is in slavery he is subject to the power once known as manus; and from that power he is set free by manu- mission. All this originated in the law of nations; for by natural law all men were born free -- slavery, and by consequence manumission, being unknown. But afterwards slavery came in by the law of nations; and was followed by the boon of manumission; so that though we are all known by the common name of `man,' three classes of men came into existence with the law of nations, namely men free born, slaves, and thirdly freedmen who had ceased to be slaves. 1 Manumission may take place in various ways; either in the holy church, according to the sacred constitutions, or by default in a fictitious vindica- tion, or before friends, or by letter, or by testament or any other expression of a man's last will: and indeed there are many other modes in which freedom may be acquired, introduced by the constitutions of earlier emperors as well as by our own. 2 It is usual for slaves to be manumitted by their masters at any time, even when the magistrate is merely passing by, as for instance while the praetor or proconsul or governor of a province is going to the baths or the theatre. 3 Of freedmen there were formerly three grades; for those who were manumitted sometimes obtained a higher freedom fully recognised by the laws, and became Roman citizens; sometimes a lower form, becoming by the lex Iunia Norbana Latins; and sometimes finally a liberty still more circumscribed, |
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