Formal Manumission

There were three kinds of formal manumission:

  1. Manundssio per vindictam.
  2. Mamimissio censu.
  3. Mamimissio testamento.

Manundssio per vindictam. This was by a fictitious or collusive suit. The master, the slave, and a third person appeared before a magistrate (consul, pretor, proconsul, or president of a province), and the third person laid his rod (vindicta) on the slave and declared him to be free; the mas- ter also touching the slave with his rod admitted the claim and turned the slave around three times and let him go (whence, mamiimssion). The regular formalities of the procedure in jure cession were at first observed, but subsequently the formalities were dropped and all that was re- quired was the declaration before the magistrate by the master of his intention to free the slave.

Mamimissio censu. The enrollment of the slave on the census as a citizen with the master's consent made him free. The census was held only once in five years and only at Rome, and hence this mode could not have been of much practical use. During the Empire the census was practically obsolete.

Mamimissio testamento. A slave might be set free by his master's will.

Manumissio in Ecclesia. Constantine added a fourth mode by which the master declared in the presence of the bishop and congregation his desire to free the slave, and the slave thereby became free.

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Curators

By the Roman law a male became of age for all purposes upon reaching the age of puberty. Females, at least under the older law, never attained full legal capacity. Plainly, however, a law which gave to a boy of fourteen full power to manage his own affairs was unsafe for him, and modifications were introduced from time to time for his protection. By an early law of uncertain date passed for the relief of minors (le.r Plcetoria), they were permitted to apply to the prsetor for the appointment of a form of guardian known as a curator, who would be appointed on proof of the minor's incapacity to manage his own affairs. And in time it became the rule for magistrates to appoint a curator upon the minor's application. But a minor above the age of puberty could not be compelled to have a curator, except when, on being sued, he neglected or refused to apply for a curator, in which case a curator would be appointed on petition of the plaintiff to defend the suit. The du
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The Several Kinds of Tutors

(1) Testamentary Tutors. These were appointed by the will of the deceased paterfamilias of the pupil. This mode of appointment was authorized by the Twelve Tables. ( 2) Statutory Tutors. These succeeded to the tutela by virtue of the provisions of the Twelve Tables or of some other Statute, but only if there were no testamentary tutors. They were called legitimi tutor es. They were the agnates (by Justinian's legislation, the nearest of kin, whether agnates or cognates) who in case of the death of the pupil would succeed to his inheritance. They were appointed upon the principle that those who had the advantage of the inheritance ought to bear the burden of the tutela (ubi entolumentum successionis ibi et onus tutelcs). In this connection may be mentioned also the guardianship of the patron over his freedman, and of the father over his emancipated child. (3) In the absence of a testamentary or statutory tutor, power was ' given to certain magistrates to appoint
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Nexum

This was an ancient contract made by the ceremony of mancipation per aes et libram . Very little is known about it. Its application seems to have been very narrow, perhaps limited to the contract of loan. It was obsolete from a very early date.
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