Latin
1.1.64 to 1.1.69
Roman Law and Society, The Institutes of Gaius 1.1.64-69
Not analysed yet
The possession of his estate at the time of his death is however granted to you, no matter in what way he may have obtained Roman citizenship. But, if he is manumitted by one who has in him both bonitarian and quiritarian rights he can be manumitted by the said party, and become both a Latin and a Roman citizen. (36) Every one who desires to manumit a slave is not permitted to do so. (37) For he who manumits a slave for the purpose of defrauding his creditors or his patron, commits an act which is void, for the reason that the Lex Ælia Sentia prevents the grant of freedom. (38) Likewise, by the same law a minor owner under the age of twenty years is not permitted to manumit a slave, except by the intervention of the prætor, after proper cause has been shown for the manumission in the presence of the Council. (39) The following are proper causes for manumission, for instance, where anyone manumits his father, his mother, his teacher, or his foster-brother. Moreover, the reasons which we have designated above with reference to a slave under thirty years of age may be adduced also in the case of which we speak; and likewise, on the other hand, the same reasons which we stated with reference to an owner under the age of twenty years may be advanced where the slave is less than thirty years old. (40) Therefore, as a certain restriction on the manumission of slaves is imposed upon owners under the age of twenty years by the Lex Ælia Sentia ,the result is that anyone who has completed his fourteenth year, although he can make a will, appoint an heir to his estate, and bequeath legacies, still, if he is under the age of twenty years, he cannot grant freedom to his slave.