The Institutes of Justinian by Unknown
page 15 of 272 (05%)
page 15 of 272 (05%)
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very reason the power of manumission was denied by the older
law to owners under twenty years of age, we have as it were selected a middle course, and permitted persons under twenty years of age to manumit their slaves by will, but not until they have completed their seventeenth and entered on their eighteenth year. For when ancient custom allowed persons of this age to plead on behalf of others, why should not their judgement be deemed sound enough to enable them to use discretion in giving freedom to their own slaves? TITLE VII OF THE REPEAL OF THE LEX FUFIA CANINIA Moreover, by the lex Fufia Caninia a limit was placed on the number of slaves who could be manumitted by their master's testament: but this law we have thought fit to repeal, as an obstacle to freedom and to some extent invidious, for it was certainly inhuman to take away from a man on his deathbed the right of liberating the whole of his slaves, which he could have exercised at any moment during his lifetime, unless there were some other obstacle to the act of manumission. TITLE VIII OF PERSONS INDEPENDENT OR DEPENDENT Another division of the law relating to persons classifies them as either independent or dependent. Those again who are depend- ent are in the power either of parents or of masters. Let us first then consider those who are dependent, for by learning who these are we shall at the same time learn who are independent. |
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