Manumission

The act of releasing from the power of another. The act of gl Yi^g liberty to a slave. The modern acceptation of the word Is the act of giving liberty to slaves. But in the Roman law it was a generic expression, equally applicable to the enfranchisement from the manus, tho mancipium, the dominica potestas, and the patria potestas, Manumittere signifies to escape from a power, — manua. Originally, the liiaster could only validly manumit his slave when he had the dominium jure Quiritium over him: if he held him merely in bonis, the manumission was null, according to the civil law; but by the jua honorarium the slave was permitted to enjoy his liberty de facto, but whatever he acquired belonged to his master. The status of these quasi-slaves was fixed by the Lex Junia Norbana under which they became Latini Juniani, both which titles see. At first there were only three modes of manumission, viz.: 1. vindicia; 2. census; and,.3. testamentum. The vindicta consisted in a fictitious suit, in which the assertor libertatia, as plaintiff, alleged that the slave was free; the master not denying the claim, the praetor rendered a decision declaring the slave free. In this proceeding figured a rod, ^featuea vindicta,— ■& sort, of lance (the symbol of property), with which the assertor libertatis touched the slave when he claimed him as free: -hence the expression vindicta manumissio. Census, the second mode, was when the slave was inscribed at the Instance of his master, by the censor. In the census as a Roman citizen. Testamento was when the testator declared in express terms that the slave should be free,— serves mens Cratinus liber esto,— or by a fldeicommissum, — heres meus rogo te ut Sanum vicini mei servum manumittaa, ftdeicommitto Heredia mei ut iate eum aervum manumiitat. Afterwards, manumission might take place in various other ways: In sacrosanctis ecclcsiis. Justinian required the letter containing the manumission to be signed by five witnesses. Inter amicoa, a declaration made by the master before his friends that he gave liberty to his slave: five witnesses were required, and an act was drawn up in which it was stated that they had heard the declaration. Per codicillum, by a codicil, which required to be signed by flve witnesses. There were many other modes of manumission, which were enumerated in a Constitution of Justinian.

C. 76, 3-12; 1 Ortolan 36; 1 Etienne 78; Lagrange 101. See Hunter, Rom. L. 171; Sohm, Rom. L. by Ledlie 173.

The manumitted slave of* a Roman followed the condition of his mother.

17 L. Q. R. 275.

Direct manumission may be either by deed or will, or any other act of notoriety done with the intention to manumit. A variety of these modes are described as used by ancient nations. Indirect manumission was either by operation of law, as the removal of a slave to a non-slaveholding state animo morandi, or by implication of law, as where the master by his acts recognized the freedom of his slave. Manumission being merely the withdrawal of the dominion of the master, In accordance with the principles of the common law the right to manumit existed everywhere, unless forbidden by law. No formal mode or prescribed words were necessary to effect manumission; it could be by parol; and any words were suflicient which evinced a renuncould manumit; Ferguson v. Sarah, 4 J. J. Marsh. (Ky.) 103; Wallingsford v. Allen, 10 Pet. (U. S.) 583, 9 L, Ed. 642; and the effect was simply to make a freeman, not a citizen. But mere declarations of intention were Insufficient unless subsequently carried into effect; Coxe 259; In re Mlckel, 11 Johns. (N. Y.) 324; Petry v. Christy, 19 Johns. (N. Y.) 53. Manumission could be made to take effect in future; Coxe 4; Geer v. Huntington, 2 Root (Conn.) 364. In the meantime the slaves were called statu liberi. As to the emancipation of slaves in the United States by proclamation of the president, see Bondage. See Cobb, Law of Slavery.