all nations have enacted some laws, as occasion and necessity required; for wars arose, and the consequences were captivity and slavery; both of which are contrary to the law of nature; for by that law all men are born free." (Institutes, Lib. I, Tit. 2, Sec. 2.)

"The laws of nature, observed by all nations, inasmuch as they are the appointment of a certain divine providence, remain fixed and immutable. But the laws which every city has enacted for itself, suffer frequent changes, either by tacit consent of the people, or by some subsequent law." (Institutes, Lib. I, Tit. 2, Sec. 11.)

2. OF THE RIGHT OF PERSONS.

"The first general division of persons, in respect to their rights, is into freemen and slaves." (Institutes, Lib. 1, Tit. 3. See Digest, Lib. I, Tit. 5.)

"Freedom, or liberty, from which we are denominated free, is the natural power of acting as we please, unless prevented by force or by the law." (Institutes, I, 3, 1.) Slavery is when one man is subject to the dominion of another, according to the law of nations, though contrary to natural rights." (Institutes, I, 3, 2.)

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"Slaves are denominated servi, from the practice of our generals to sell their captives, and thus preserveand not slay them. Slaves are also called mancipia, in that they are taken from the enemy, by hand." (Manucapti.) (Institutes, I, 3, 3.)

servare

"Slaves are born such, or become so. They are born such, or of bondwomen. They become so either by the law of nations, that is, by captivity, or by the civil law, as when a free person, above the age of twenty, suffers himself to be sold, for the sake of sharing the price given for him." (Institutes, I, 3, 4.)

"There is no difference in the condition of slaves; but

among free persons there are many; thus some are

ingenui, or freemen, others, libertini, or freed-men." stitutes, I, 3, 5.)

3. OF INGENUI, OR FREEMEN.

(In

"A freeman is one who is born free, by being born in matrimony, of parents who are both free, or both freed; or of parents, one free, the other freed. But one born of a free mother, although the father be a slave, or unknown, is free, notwithstanding he was conceived discreditably. And if the mother is free at the time of the birth, although a bondwoman when she conceived, the infant will be free." (Institutes, I, 4. Cod., Lib. VII, Tit. 14. De ingenuis manumissis.)

4. OF LIBERTINI, OR FREED-MEN-MANUMISSION.

"Freed-men are those who have been manumitted from just slavery. Manumission-manu-datio-implies the giving of liberty; for whosoever is in servitude, is subject to the hand and power of another; but whosoever is manumitted is free from both."

"Manumission took its rise from the law of nations; for all men, by the law of nature, are born free; nor was manumission heard of while slavery was unknown. But when slavery, under sanction of the law of nations, invaded liberty, the benefit of manumission became then a consequence; for all men, at first, were denominated by one common appellation, till, by the law of nations, they began to be divided into three classes, namely, into liberi, or freemen, servi, or slaves, and libertini, or freedmen, who have ceased to be slaves." (Institutes, Lib. I, Tit. 5.)

5. IN WHAT MODES AND TIMES THEY ARE MANUMITTED.

Manumission is effected by various ways; either in the face of the Church, according to the imperial consti

tutions, or by the vindicta, or in the presence of friends, or by letter, or by testament, or by any other last will. Liberty may also be conferred upon a slave by divers other methods, some of which were laws, and others by our own." 5, Sec. 1.)

introduced by former (Institutes, Lib. I, Tit.

Slaves may be manumitted by their masters at any time, even on the way, as while the prætor, the governor of a province, or the proconsul is going to the bath or the theater." (Institutes, I, 5, 2.)

On manumission, see C., Lib. VII, Tit. 15. Communia de manumissionibus.

6. THE DISTINCTIONS BETWEEN FREED-MEN ANNULLED.

"Freed-men were formerly distinguished by a threefold division. Those who were manumitted, sometimes obtained the greater liberty, and became Roman citizens; sometimes only the lesser, and became Latins, under the law Junia Narbonia; and sometimes only the inferior liberty, and became Dedititii, by the law Elia Sentia. But the condition of the Dedititii, differing but little from slavery, has been long disused; neither has the name of Latins been frequent. Our piety, therefore, leading us to reduce all things into a better state, we have amended our laws by two constitutions, and re-established the ancient usage; for, anciently, liberty was simple and undivided; that is, it was conferred upon the slave as his manumittor possessed it; admitting this single difference, that the person manumitted became only a freed-man, although his manumittor was a freeman. We have abolished the Dedititii by a constitution published among our decisions, by which, at the instance of Tribonian, our Quæstor, we have suppressed all disputes concerning the ancient law. We have, also, at his suggestion, altered the condition of the Latins, and corrected the laws which related

to them, by another constitution, conspicuous among the imperial sanctions, and we have made all the freed-men as general citizens of Rome, regarding neither the age of the manumitted, nor of the manumittor, nor the ancient forms of manumission. We have, also, introduced many new methods, by which slaves may become Roman citizens; the only liberty that can now be conferred." (Institutes, I, 5, 3.)

7. WHO CAN NOT MANUMIT, AND FOR WHAT CAUSES.

(Institutes, Lib. I, Tit. 6. Compare and consult D., XL, Tit. 9, Qui et a quibus; C., VII, Tit. 11, Qui manumittere non possunt.)

THE FIRST CHAPTER OF THE ÆLIAN LAW, CONCERNING MANUMITTING IN FRAUD OF CREDITORS.

"Every master may not manumit by will; for, if done with intent to defraud his creditors, it is void; the law Elia Sentia restraining this liberty."

CONCERNING A SLAVE INVESTED WITH LIBERTY.

"Section 1. A master who is insolvent, may appoint a slave to be his heir with liberty, that thus the slave may obtain his freedom, and become the only and necessary heir of the testator, provided no other person is also heir by the same testament; and this may happen, either because no other person was instituted heir, or because the person so instituted is unwilling to act. This privilege of masters was, for wise reasons, established by the law Elia Sentia. For it became necessary to provide, that indigent men, to whom no man would be a voluntary heir, might have a slave for a necessary heir, to satisfy creditors; or that the creditors should sell the hereditary effects in the name of the slave, lest the deceased should suffer ignominy."

OF A SLAVE MADE AN HEIR WITHOUT LIBERTY.

"Section 2. A slave also becomes free by being instituted an heir, although his freedom be not mentioned; for our constitution respects not only the insolvent master, but, by a new act of humanity, it extends generally; so that the institution of an heir implies the grant of liberty. For it is highly improbable, that a testator, although he has omitted to mention liberty in his will, could mean that the person instituted should remain a slave, and himself be destitute of an heir.”

8. WHAT IS MANUMISSION IN FRAUD OF CREDITORS.

"Section 3. Manumission is in fraud of creditors, if the master is insolvent when he manumits, or become so by manumitting. It is, however, the prevailing opinion, that liberty, when granted, is not impeached unless the manumittor meant to defraud, although his goods are insufficient for the payment of his creditors; for men frequently hope better than their circumstances really are. We, therefore, understand liberty to be then only impeded, when creditors are doubly defrauded, by the intention of the manumittor, and in reality.

"Section 4. By the same law, Elia Sentia, a master, under the age of twenty years, can not manumit unless for some good reason to be approved by a council, and then by the vindicta."

9. WHAT ARE JUST CAUSES FOR MANUMISSION.

"Section 5. Just reasons for manumission, are, that the person to be manumitted is father or mother to the manumittor, his son or daughter, his brother or sister, his preceptor, his nurse, his foster-child, or his fosterbrother, or to constitute him his proctor, or his bondwoman, with an intent to marry her, provided the mar