The Institutes 535 CE part 6

0
158

3. Freedmen were formerly divided into three classes. For those who were manumitted sometimes obtained a complete liberty, and became Roman citizens; sometimes a less complete, and became Latini under the lex Julia Norbana; and sometimes a liberty still inferior, and became dedititii, by the lex Aelia Sentia.

But this lowest class, that of the dedititii, has long disappeared, and the title of Latinus become rare; and so in our benevolence, which leads us to complete and improve everything, we have introduced a great reform by two constitutiones, which re-established the ancient usage; for in the infancy of the state there was but one liberty, the same for the enfranchised slave as for the person who manumitted him; excepting, indeed, that the person manumitted was freeborn.

We have abolished the class of dedititii by a constitutio published among our decisions, by which, at the suggestion of the eminent Tribonian, quaestor, we have put an end to difficulties arising from the ancient law. We have also, at his suggestion, done away with the Latini Juniani, and everything relating to them, by another constitutio, one of the most remarkable of our imperial constitutiones. We have made all freedmen whatsoever Roman citizens, without any distinction as to the age of the slave, or the interest of the manumittor, or the mode of manumission. We have also introduced many new methods by which slaves may become Roman citizens, the only kind of liberty that now exists.

VIII. Slaves.

We now come to another division relative to the rights of persons; for some persons are independent, some are subject to the power of others. Of those, again, who are subject to others, some are in the power of parents, others in that of masters.

Let us first treat of those who are subject to others; for, when we have ascertained who these are, we shall at the same time discover who are independent. And first let us consider those who are in the power of masters.

1. Slaves are in the power of masters, a power derived from the law of nations: for among all nations it may be remarked that masters have the power of life and death over their slaves, and that everything acquired by the slave is acquired for the master.

Read More about Michael V Part 18