1. Summarize the primary source document by giving a few sentences saying what it is and where it came from, and then writing a paragraph or two that describes what is says.  2. Analyze the source by stating your own informed opinion, about what the source means in its context and you should talk about each source in the context of the history we are studying— that it, in its own time and place—rather than comparing it to modern events, people, or institutions.

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1. Summarize the primary source document by giving a few sentences saying what it is and where it came from, and then writing a paragraph or two that describes what is says. 

2. Analyze the source by stating your own informed opinion, about what the source means in its context and you should talk about each source in the context of the history we are studying—
that it, in its own time and place—rather than comparing it to modern events, people, or
institutions.

to manumit five (because he may free up to half that number), whiie the owner of twelve should not be
allowed to manumit more than four.
(46) [When a will manumits more slaves than permitted by the law:] If a will requests freedom to be
given to slaves whose names are written in a circle, then because it is impossible to establish any ranking
by which some have a greater right to manumission than others, none of them may be set free. This is
because the Lex Fufia Caninia makes void any act intended to cheat the objectives of that law. There are
also a number of particular Senate Recommendations which make void tricks contrived to evade the law.
(47) In conclusion, it should be noted that the Lex Aelia Sentia forbids manumissions made in order to
defraud creditors, and this was extended to foreigners as well, by a decision of the Senate proposed by
Hadrian; but the other provisions of this law do not apply to foreigners.
Types of Dependence
(48) We now come to a second distinction made by the law of persons. Some persons are independent
agents (sui juris) and some are dependent on the rights of another (alieni juris).
(49) Furthermore, some of those who are in a condition of dependence are in another's power (potestas),
some in their hands (manus) and some in their ownership (mancipium).
(50) Let us now look at persons who are in a position of dependence; for when we have established what
sort of people these are, we shall be able to see who are independent agents.
(51) And first let us consider those who are in another's power.
(52) Slaves are in the power of their owners. This power is derived from the common law of nations, for
we can see that among all nations alike owners have the power of life and death over their slaves, and
whatever is acquired by a slave is acquired on behalf of his owner.
(53) But nowadays neither Roman citizens nor any other people who are subject to the sovereignty of the
Roman People have the right to treat their slaves with excessive and unreasonable brutality. For a
Constitution of the Divine Emperor Antoninus orders anyone who kills his own slave without due reason
to be brought to justice in exactly the same way as one who kills another's slave. Excessively harsh
treatment on the part of owners is also limited by a Constitution of the same Emperor; for when certain
provincial governors asked him for a ruling regarding slaves who had taken refuge at the temples of gods
or statues of emperors, he declared that owners were to be forced to sell their slaves if the cruelty of their
behavior appeared to be unbearable. In both cases he ruled justly, for we ought not to misuse our rights -
that is the ground for interdicting those who waste their own property from administering it.
(54) Now since there are two kinds of ownership among Roman citizens-slaves may belong to their
owners by possession, by Quiritary right, or by both we say that a slave is in the power of an owner who
has possession over him, even though he may not belong to the same man by Quiritary right. For
someone who simply has the title to Quiritary ownership of a slave cannot be said to have power over
him.
(55) Similarly, in our power are those of our children who are begotten in a recognized marriage; this is a
custom peculiar to Roman citizens.
Transcribed Image Text:to manumit five (because he may free up to half that number), whiie the owner of twelve should not be allowed to manumit more than four. (46) [When a will manumits more slaves than permitted by the law:] If a will requests freedom to be given to slaves whose names are written in a circle, then because it is impossible to establish any ranking by which some have a greater right to manumission than others, none of them may be set free. This is because the Lex Fufia Caninia makes void any act intended to cheat the objectives of that law. There are also a number of particular Senate Recommendations which make void tricks contrived to evade the law. (47) In conclusion, it should be noted that the Lex Aelia Sentia forbids manumissions made in order to defraud creditors, and this was extended to foreigners as well, by a decision of the Senate proposed by Hadrian; but the other provisions of this law do not apply to foreigners. Types of Dependence (48) We now come to a second distinction made by the law of persons. Some persons are independent agents (sui juris) and some are dependent on the rights of another (alieni juris). (49) Furthermore, some of those who are in a condition of dependence are in another's power (potestas), some in their hands (manus) and some in their ownership (mancipium). (50) Let us now look at persons who are in a position of dependence; for when we have established what sort of people these are, we shall be able to see who are independent agents. (51) And first let us consider those who are in another's power. (52) Slaves are in the power of their owners. This power is derived from the common law of nations, for we can see that among all nations alike owners have the power of life and death over their slaves, and whatever is acquired by a slave is acquired on behalf of his owner. (53) But nowadays neither Roman citizens nor any other people who are subject to the sovereignty of the Roman People have the right to treat their slaves with excessive and unreasonable brutality. For a Constitution of the Divine Emperor Antoninus orders anyone who kills his own slave without due reason to be brought to justice in exactly the same way as one who kills another's slave. Excessively harsh treatment on the part of owners is also limited by a Constitution of the same Emperor; for when certain provincial governors asked him for a ruling regarding slaves who had taken refuge at the temples of gods or statues of emperors, he declared that owners were to be forced to sell their slaves if the cruelty of their behavior appeared to be unbearable. In both cases he ruled justly, for we ought not to misuse our rights - that is the ground for interdicting those who waste their own property from administering it. (54) Now since there are two kinds of ownership among Roman citizens-slaves may belong to their owners by possession, by Quiritary right, or by both we say that a slave is in the power of an owner who has possession over him, even though he may not belong to the same man by Quiritary right. For someone who simply has the title to Quiritary ownership of a slave cannot be said to have power over him. (55) Similarly, in our power are those of our children who are begotten in a recognized marriage; this is a custom peculiar to Roman citizens.
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