Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-n9wrp Total loading time: 0 Render date: 2024-07-17T16:34:33.699Z Has data issue: false hasContentIssue false

CHAPTER XXIII - Manumission during the Empire (cont.). Statutory Changes

Published online by Cambridge University Press:  07 September 2010

Get access

Summary

Of these three statutes the first mentioned, perhaps the last in date, was essentially different in object from the others. It enlarged existing rights: they were restrictive. For this reason, and because some of the provisions of the lex Aelia Sentia seem to presuppose the lex Iunia, it is well to deal with this law first.

Lex Iunia.

This statute defined the position of those who had been in libertate tuitione praetoris by the earlier law. It made them latins, giving them broadly the position of colonary latins, subject to certain disabilities of a very serious kind. Because of these restrictions they were called Latini Iuniani to mark them off from the others. The cases with which it dealt were, apparently, the slave freed by his bonitary owner, the slave informally freed, and the slave freed under 30, though as to this case we shall see that there is doubt as to what is due to this lex and what to the lex Aelia Sentia. Most of the points of difficulty under this lex will be more conveniently discussed later: here it is enough to mention a few points.

Notwithstanding the language of Gaius it is clear that a bonitary owner could give freedom by will. It is hardly so clear whether he could do it vindicta. And it seems that manumission censu must have given civitas or nothing. Apparently the entry of the man's name must have been a nullity, of no more force than any other mistake of the Censor's. And it does not seem that it amounted in itself to a manumission inter amicos or per epistolam.

Type
Chapter
Information
The Roman Law of Slavery
The Condition of the Slave in Private Law from Augustus to Justinian
, pp. 533 - 551
Publisher: Cambridge University Press
Print publication year: 2010
First published in: 1908

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×