tur vel vis metusve causa vel interdictum 'unde (2) The 'libertus' has to perform certain services of attachment (operae officiales), but an action (operarum actio) for their performance, and of 'operae fabriles s. artificiales' of pecuniary value, is only given to the patron when the libertus is under this obligation, in accordance with a contract (by stipulatio) after enfranchisement, or in op. offic. when he has bound himself by oath (iurata promissio); and the libertus is absolved from even this obligation in particular cases. BOOK II. Part I. Ulp. Ut Servius scribit, antea soliti fuerunta a Sc. patroni. a libertis durissimas res exigere, scilicet ad remunerandum tam grande beneficium, quod in libertos confertur, cum ex servitute ad civitatem Romanam perducuntur. § Et quidem primus praetor Rutilius edixit se amplius non daturum patrono quam operarum et societatis actionem, videlicet si hoc pepigisset, ut nisi obsequium ei praestaret libertus, in societatem admitteretur patronus. § Posteriores praetores certae partis bonorum possessionem pollicebantur.-D. 38, 2, For bonorum I pr., §§ 1, 2.2 But neither are actions of infamy granted against them [i.e., patrons, patronesses, or the children or parents of a patron], nor those indeed which allege fraud or deceit. Neither are pleas of fraud allowed, nor that something was done from duress or from fear, nor the interdict' unde vi.' 2 As Servius writes, they [i.e., patrons] were previously accustomed to require the hardest things from their freedmen, as recompense, that is, for the benefit so great which accrues to freedmen as promoted from slavery to Roman citizenship. The praetor Rutilius was indeed the first to announce that he would grant nothing further to the patron than the action for services and the partnership action, that is, if the patron had stipulated that, unless the freedman rendered him honourable submission, he should be allowed a share of the property. The later praetors used to promise the possession of a certain part of the succession. possessio, see §154. BOOK II. Paul. Tales patrono operae dantur, quales ex aetate dignitate valetudine necessitate proposito ceterisque eius generis in utraque persona aestimari debent.-1. 16, § 1, D. de op. lib. 38, 1. Ulp. Sed officiales quidem nec cuiquam alii deberi possunt quam patrono, cum proprietas earum et in edentis persona et in eius cui eduntur consistit; fabriles autem aliaeve eius generis sunt, ut a quocumque cuicumque solvi possint : sane enim si in artificio sint, iubente patrono et alii edi possunt.—l. 9, § 1, D. de op lib.2 Id. Fabriles operae ceteraeque, quae quasi in pecuniae praestatione consistunt, ad heredem transeunt; officiales vero non transeunt.-1. 6 eod.3 Id. Ut iurisiurandi obligatio contrahatur, libertum esse oportet qui iuret, et libertatis causa iurare. Iurare autem debet, operas donum munus se praestiturum, operas qualescumque, quae modo probe iure licito imponuntur.-1. 7 pr., § 3 eod. Ulp. Quae onerandae libertatis causa stipulatus sum, a liberto exigere non possum; one 1 Such services are rendered to the patron as must be reckoned for in respect of age, rank, health, necessity, the purpose and other considerations of that kind affecting both persons. 2 But domestic services cannot be owed to any one other than the patron, because ownership therein lies only in respect as well of the person rendering them as of him to whom they are rendered; but industrial and other services are of such sort that they can be rendered by any one to any one. For if they consist of artistic work, they can be rendered to another also at the order of the patron. 3 Industrial services, and all others that are equivalent to a money-payment, pass to the heirs; but domestic services do not so pass. That an obligation upon oath be contracted, it is necessary that the person making oath be a freedman, and that his oath be by reason of freedom.-Now he must swear that he will render services, a gift, or a present; in respect of services, it matters not of what kind they are, provided they are imposed rightly, lawfully, and as allowed. randae autem libertatis causa facta bellissime ita QVI LIBERTINVS DVOS PLVRESVE A SE GENITOS Hermog. Patronus qui libertae nuptiis consensit, operarum exactionem amittit: nam haec, cuius matrimonio consensit, in officio mariti esse debet.-1. 48 pr. eod.3 The patron, his children and parents have claim to aliment. The patron has a right of inheritance in relation to the freedman." 1 What I have stipulated with the view of encumbering freedom I cannot exact from the freedman. That anything has been done to clog freedom is most correctly stated thus: Everything that has been imposed in such way that, if the freedman have injured the manumittor, it can be required by him, and the freedman is placed ever under his control from apprehension that he will make good his demand, by reason of which fear the freedman will put up with anything at the behest of the patron. 2 The freedman that shall have in his power two or several sons or daughters begotten by him . . . none of them shall be obliged to give, to do, or to perform to the patron or the patroness or their children services of gift, of present, or any. thing else, in consideration of freedom, concerning which he shall have taken an oath, or shall only have made a verbal prɔmise, or shall be bound.' The patron . . . who has consented to the marriage of a freed woman, loses his claim to her services; for if consent have been given to her marriage, she must be in the domestic service of her husband. BOOK II. Part I. a §§ 162, 164, 168. a BOOK II. I, 29. The right of 'patronatus' is transmissible to the children of the patron," but he can also, according to § 162; D. 38, a SC. Ostorianum, transfer it to one or more of them (adsignatio liberti); on the other hand, it does not extend to the children of the 'libertus.' Sc. ne liberos tollat, vel libertam, ne nubat. Ulp.: Adsignare autem quis potest quibuscumque verbis, vel nutu vel testamento vel codicillis vel vivus.-D. 38, 4, 1, 3.1 Scaev. Adsignare et pure et sub condicione et per epistulam vel testationem vel chirographum possumus: quia adsignatio liberti neque quasi legatum neque quasi fideicommissum percipitur. -1. 7 eod.2 Gai. Cum libertus promiserit patrono operas se daturum, neque adiecerit liberisque eius, constat liberis eius ita demum deberi, si patri heredes exstiteriut.-1. 22, § 1, D. de op. lib.3 The patron loses his right— (1) By abuse of the 'ius patronatus.' Paul. Qui contra legem Aeliam Sentiam ad iurandum libertum adegit nihil iuris habet nec ipse nec liberi eius.-D. 37, 14, 15. (2) By violation of the duties incumbent upon him as patron towards the libertus.' Ulp. Qui cum maior natu esset quam xxv annis, libertum capitis accusaverit aut in servitu 1 Any one can assign by such words as he likes, with a gesture, or by a testament, or codicil, or while yet alive. We can assign absolutely and conditionally, and by a letter or declaration before witnesses, or a manuscript; because the assignment of a freedman is understood neither as a bequest nor as a fideicommissum. * When a freedman has promised that he will render services to his patron without adding and to his children,' it is settled that such are due to his children only if they have become the father's heirs. 4 He that in violation of the l. Aelia Sentia has compelled a freedman to take an oath [not to beget children, or a freedwoman not to marry] has no right, either himself or his children. tem petierit, removetur a contra tabulas bonorum a BOOK II. Part I. Marcian. Imperatoris nostri rescripto cavetur, a § 168. $39. CIVES, LATINI, PEREGRINI. D. 40, II, 2. • For the British Law on Citizenship is acquired by birth,d by fully valid Subjects and manumission, and by grant (statute). haec Aliens, sce Steph. iii. pp. 409, sqq., and for conflict of laws on such subject, West International Gai. i. § 17: Nam in cuius persona tria concurrunt, ut maior sit annorum triginta, et ex iure Quiritium domini, et iusta ac legitima manu- lake, Private missione liberetur i.e. vindicta aut censu aut Law,' ch. xv. testamento, is civis Romanus fit: sin vero aliquid eorum deerit, Latinus erit.3 It is lost (1) By acceptance of the right of citizenship in a foreign colony (colonia Latina). Gai. iii. § 56-cives Romani ingenui. . . ex urbe Roma in Latinas colonias deducti, Latini coloniarii esse coeperunt." (2) By the punishment of exile (aquae et ignis interdictio) and deportation. Iust. i. 16, 2: Minor sive media est capitis deminutio, cum civitas quidem amittitur, libertas. vero retinetur: quod accidit ei, cui aqua et igni 1 He that when of more than twenty-five years of age has charged his freedman with a capital crime, or has recalled him into slavery, is refused the b. p. c. t. 2 By a rescript of our Emperor it is laid down that, if a patron do not supply his freedman with nourishment, he loses his rights of patron. : 3 He becomes a Roman citizen in whose person these three points unite that he is more than thirty years old, that he belongs to his master upon Quiritarian title, and is liberated by a legal and statutory manumission, i.e., by vindicta, census or testament; but if any of these fail, he will be a Latin. Free-born Roman citizens. . . despatched from the city to Latin colonies became Lat. coloniarii. See also Brown, s. 'Domicile.' d § 33. |