Dissertation on Slavery: With a Proposal for the Gradual Abolition of it, in the State of VirginiaTucker, St. George
History
Dissertation on Slavery: With a Proposal for the Gradual Abolition of it, in the State of Virginia
Tucker, St. George
Slavery -- Virginia
receiving the _vindicta_, struck the new freed man several blows with
it, upon the head, face, and back, after which his name was registered
in the roll of freed-men, and his head being close shaved, a cap was
given him as a token of liberty [Harris's Just. in notes.]. Under the
imperial constitutions liberty might have been conferred by several
other methods, as in the face of the church, in the presence of friends,
or by letter, or by testament [Just. Inst. lib. 1. tit. 5. Ib. lib. 1.
tit. 6.].--But it was not in the power of every master to manumit at
will; for if it were done with an intent to defraud creditors, the act
was void; that is, if the master were insolvent at the time of
manumission, or became insolvent by manumission, and intentionally
manumitted his slave for the purpose of defrauding his creditors. A
minor, under the age of twenty years, could not manumit his slave but
for a just cause assigned, which must have been approved by a council,
consisting of the prætor, five senators, and five knights [Ib. Harris's
Just. in notes.].--In England, the mode of enfranchising villeins is
said to have been thus prescribed by a law of William the Conqueror. "If
any person is willing to enfranchise his _slave_, let him, with his
right hand, deliver the slave to the sheriff in a full county, proclaim
him exempt from the bond of servitude by manumission, shew him open
gates and ways, and deliver him _free arms_, to wit, a lance and a
sword; thereupon he is a free man [Harris's Inst. in notes.]."--But
after that period freedom was more generally conferred by deed, of which
Mr. Harris, in his notes upon Justinian, has furnished a precedent.
Public-domain text, read in full here on John Shaqi.
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