# The Institutes of Gaius 1.1.178-181

Roman Law and Society, The Institutes of Gaius, 1.1.178 to 1.1.181. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/the-institutes-of-gaius/1.1.178

(138) As persons who have been sold in this way are considered to occupy the position of slaves, if they should be manumitted either by the prætor, or by enrollment in the census, or by will, they become their own masters. (139) In this instance, however, the Lex Ælia Sentia does not apply. Therefore, we do not require the party who manumits, or the one who is manumitted, to be of any particular age; and no attention is paid to whether the party granting the manumission has either a patron or a creditor; and not even the number prescribed by the Lex Fufia Caninia is considered with reference to persons of this description. (140) But even if the party having possession of the one who is sold should be unwilling, the latter can obtain his freedom by being enrolled on the register of the census; except in the case of one whom his father has mancipated under the condition that he should be again sold to him; for, in this instance, the father is considered to have reserved, to a certain extent, his own power for himself which he received by mancipation. And, indeed, he is not said to have received his freedom by enrollment on the register of the census, against the consent of the party who holds him in mancipation, if his father gave him up as the result of a noxal action; for instance, where his father has been condemned on account of a theft committed by his son and has surrendered him by mancipation to the plaintiff, for then the plaintiff holds him instead of the payment of a sum of money. (141) In conclusion, we observe that no insulting act should be committed by us against persons whom we hold in mancipation; otherwise, we shall be liable to a suit for injury committed. And, indeed, men should not be retained for any length of time in this condition, but, for the most part, as a matter of form, and only for an instant, unless the parties are mancipated on account of a noxal action.

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Roman Law and Society, The Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.