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Writer's pictureTaryn Boon

Manumission in Roman Slavery: Free the Soul by the Hand

Digest 40, 1: ‘Manumissions’; 5: Marcianus, from Institutes, book 2


Manumission: to be freed by the hand. The peculium, what a slave owned, like savings, were also owned by the owner as their property but Romans allowed for slaves to buy their freedom using their peculium, an interesting way to approach freedom and fairness under the law.


Si quis dicat se suis nummis emptum, potest consistere cum domino suo, cuius in fidem confugit, et queri, quod ab eo non manumittatur, romae quidem apud praefectum urbis, in provinciis vero apud praesides ex sacris constitutionibus divorum fratrum, sub ea tamen denuntiatione, ut is servus, qui hoc intenderit nec impleverit, in opus metalli detur, nisi forte dominus reddi eum sibi maluerit, utique non maiorem ex ea causa poenam constituturus.


Marcianus explains that slaves have the money and have bought their freedom may stand up against their own masters and state their case that they have been unfairly kept in the bonds of slavery. In Rome, before the praefectum urbis, and in the provinces they should bring this to the praesides ex sacris constitutionibus divorum fratrum. However, if a slave accuses their master of not letting them free even when they have bought their freedom and they are found to have lied, the slave will be sent to work in the mines. However, nisi forte dominus reddi eum sibi maluerit, if the master wants they can have the slave back so they can punish the slave, but the punishment cannot be worse than working in the mines.


Manumission, like the ancient myths of Greece and Rome, serves as a lesson for humans. Manumission can be fair, respecting one's lawful right to buy property, but also hierarchial and stripping because a slave's peculium never truly belonged to them. And if one lies? That is punishable to the max.

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