[Iustiniani Institutiones]

would have as a necessary heir, who would be the one to satisfy the creditors; and if he does not do this, the creditors may sell the hereditary assets in the name of the slave, so that the deceased is not affected by injury. The same law applies if a slave is instituted as heir without liberty.

But our constitution, not only in the case of a master who is not solvent, but generally, has established by a new reason of humanity that liberty seems to accrue to him from the very writing of the institution, since it is not credible that he whom he chose as his heir, if he omitted the granting of liberty, would have wished the slave to remain a slave and to have no one as his heir.

In fraud of creditors, however, one is seen to manumit if he is already not solvent at the time he manumits, or who, by granting liberties, will cease to be solvent. It seems, however, to have prevailed that unless the manumittor also had the intent of defrauding, the liberties are not impeded, although his property may not be sufficient for the creditors. For men often hope for more from their assets than is actually there. Therefore, we understand the liberty to be impeded when the creditors are defrauded in both ways: that is, by the intent of the manumittor and by the reality of the fact that the assets are not going to be sufficient for the creditors.

The same Lex Aelia Sentia also permits a master under twenty years of age to manumit only if a just cause for manumission has been approved by the vindicta before a consilium council/advisory body. Just causes for manumission are these: for instance, if one manumits their father or mother, or son or daughter, or their natural brothers or sisters, or a tutor, or a nurse, or an educator, or a foster son or daughter, or a fellow foster-brother, or a slave for the sake of having an agent, or a slave-girl for the sake of marriage, provided that the wife is taken within six months, unless a just cause prevents it.

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