Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

730 MANUMISSIO. MAN UMISSIO.
79.) These were no doubt put on in a variety of civitas could only be conferred by the sovereign
elegant ways, resembling those which are in use power, and that therefbre there could be no effecamong the females of Italy, Greece, and Asia tual manumnission except by the same power. But
AMinor, at the present day. the form of the Vindicta itself supposes, not that
MANTIKE (gavTUKt.) [DIVINATIO.] the person manumitted was a slave, but that he
MANU'BIAE. [SPOLIA.] was a free person, against whose freedom his
MANUM, CONVENTIO IN. [MATRI- master made a claim. The proceeding before the
MONIUM.] magistratus was in form an assertion of the slave's
MAN UMI'SSIO was the form by which slaves freedom (man2ze asserere liberali causa, Plaut. Poesn.
and persons In lMancipii causa were released from iv. 2. 83, &c.), to which the owner made no dethose conditions respectively. fence, but he let him go as a free man. The
There were three modes of effecting a Justa et proceeding then resembles the In Jure Cessio,
Legitima Manumissio. namely, Vindicta, Census, and was in fact a fictitious suit in which freedom
ald Testamentumn, which are enumerated both by (libertas) was the matter in issue. It followed as
Gains and Ulpian (Frcg. i.) as existing in their a consequence of the fiction, that when the magistime. (Compare Cic. Top. 2, and Plautus, Cas. ii. tratus pronounced in favour of freedom Ex jure
8. 68.) Of these the Manumissio by Vindicta is Quiritium, there could be no dispute about the
probably the oldest, and perhaps was once the only Civitas.
mnode of manumission. It is mentioned by Livy In the case of the Census the slave was regisas in use at an early period (ii. 5), and indeed he tered as a citizen with his master's consent. The
states that some persons refer the origin of the assumption that the Vindicta must have originally
Vindicta to the evenlt there related, and derive its preceded the Census, for which there is no einame from Vindicius; the latter part, at least, of dence at all, is inconsistent with the nature of the
the supposition is of no value. proceeding, which was a registration of the slave,
The ceremony of the Manumissio by the Vin- with his master's consent, as a citizen. A question
dicta was as follows:-The nmaster brought his might arise whether he should be considered free
slave before the magistratus, and stated the grounds immediately on being entered on the censor's roll,
(causta) of the intended manumission. The lictor or not until the lustrum was celebrated (Cic. de Or.
of the magistratus laid a rod (festuca) on the head i. 40); and this was a matter of some importance,
of the slave, accompanied with certain formal words, for his acquisitions were only his own from the
in which he declared that he was a free man ex time when he became a free man.
Jure Quiritium, that is, G" vindicavit in libertatem." The law of the Twelve Tables confirmed free-'The master in the meantime held the slave, and dom which was given by will (testamezenttit;z). Freeafter he had pronounced the words "hunc ho- dom (libertas) might be given either directo, that
minem liberum volo," he turned him round (szo- is, as a legacy, or by way of fideicommissnm. The
mento turbinis e&it Marcus Daema, Persins, Sat. v. slave who was made free directo, was called orcinus
78) and let him go (eumzisit e mansz, or misit moanz, libertus (or horcinus, as in Ulp. Frag.), for the
Plaut. Capt. ii. 3. 48), whence the general name of same reason perhaps that certain senators were
the act of manumission. The magistratus then called Orcini. (Sueton. Octav. 35.) He who redeclared him to be free, in reference to which ceived his libertas by way of fideicommissum, was
Cicero (ad Att. vii. 2) seems to use the word not the libertus of the testator, but of the person
" addicere." The word Vindicta itself, which is who was requested to manumit him (ianonumissoer):
properly the res vitdicatao, is used for festuca by if the heres, who was requested to manumit, reHorace (Sat. ii. 7. 76). Plautus (Mlil. Glor. iv. 1. fused, he might be compelled to manumit on appli15) uses festuca. cation being made to the proper authority. LiberIt seems highly probable that this form of Manu. tas might be given by fideicommissum to a slave of
missio was framed after the analogy of the In jure the testator, of his heres, or of his legatee, and also
vindicationes (Gaius, iv. 16); and that the lictor to the slave of any other person (exttraneus). In
in the case of manumission represented the opposite case of libertas being thus given to the slave of
claimant in the vindicatio. (Unterholzner; Vont any other person, the gift of libertas was extindlen fJbrlmen der Manmnoissio per Vindieltam nd guished, if the owner would not sell the slave at a
EZ.ancipaltio, Zeitschlrift, vol. ii. p. 139.) fair price. A slave who was made conditionally
As for the explanation of the word Vindicta see free by testament, was called Statu liber, and he
VeINDICIAE and VINDICATIO. was the slave of the heres until the condition was
The Mmalumissio by the Census is thus briefly fulfilled. If a Statu liber was sold by the heres,
described by Ulpian: " Slaves were formerly or if the ownership of him was acquired by usumanumitted by census, when at the lustral census capion, he had still the benefit of the condition: this
(lustrali census) at Rome they gave in their census provision was contained in the Law of the Twelve
(some read nonenz instead of census) at the bidding Tables. If a slave was made free and heres by
of their masters." Persons In mancipio might also the testator's will, on the death of the testator he
obtain their manumission in this way. (Gaius, i. became both free and heres, whether lie wished it
140.) The slave must of course have had a suffi- or not. (Gaius, ii. 153; Ulp. Frag. xxii. 11.)
cient Peculium, or the master must have given him [HERES.]
property. A manumission by adoption is spoken of, but noIn the absence of decisive testimony as to the thing is known of it. (Gell. v. 19; Inst. 1. tit. 11.
origin of these two modes of manumissio, modern s. 12.)
writers indulge themselves in a variety of conjec- The Lex Aelia Sentia laid various restrictions on
tures. It may be true that originally the manu- manumission [LEx AELIA SENTIA], particularly as
mission by Vindicta only gave libertas and not to slaves under thirty years of age. The ceremony
civitas; but this opinion is not probable. It may of manumitting slaves above thirty years of age had
easily be allowed that in the earliest period the become very simple in the time of Gaius (i. 20): it