Manumission


Manumission, or enfranchisement, is the act of freeing slaves by their owners. Different approaches to manumission were developed, each specific to the time and place of a particular society. Historian Verene Shepherd states that the most widely used term is gratuitous manumission, "the conferment of freedom on the enslaved by enslavers before the end of the slave system".
The motivations for manumission were complex and varied. Firstly, it may present itself as a sentimental and benevolent gesture. One typical scenario was the freeing in the master's will of a devoted servant after long years of service. A trusted bailiff might be manumitted as a gesture of gratitude. For those working as agricultural labourers or in workshops, there was little likelihood of being so noticed. In general, it was more common for older slaves to be given freedom.
Legislation under the early Roman Empire put limits on the number of slaves that could be freed in wills, which suggests that it had been widely used. Freeing slaves could serve the pragmatic interests of the owner. The prospect of manumission worked as an incentive for slaves to be industrious and compliant. Manumission contracts, found in some abundance at Delphi, specify in detail the prerequisites for liberation.

Ancient Greece

A History of Ancient Greece explains that in the context of Ancient Greece, affranchisement came in many forms. A master choosing to free his slave would most likely do so only "at his death, specifying his desire in his will". In rare cases, slaves who were able to earn enough money in their labour were able to buy their own freedom and were known as choris oikointes. Two 4th-century bankers, Pasion and Phormion, had been slaves before they bought their freedom. A slave could also be sold fictitiously to a sanctuary from where a god could enfranchise him. In very rare circumstances, the city could affranchise a slave. A notable example is that Athens liberated everyone who was present at the Battle of Arginusae.
Even once a slave was freed, he was not generally permitted to become a citizen, but would become a metic. The master then became the metic's prostatès. The former slave could be bound to some continuing duty to the master and was commonly required to live near the former master. Ex-slaves were able to own property outright, and their children were free of all constraint.

Ancient Rome

Under Roman law, a slave had no personhood and was protected under law mainly as his or her master's property. A slave who had been manumitted was a libertus and a citizen. Manumissions were subject to a state tax.
File:Mariemont manumission relief 02.JPG|thumb|250 px|Relief depicting the manumission of two slaves, with pileus hats, used ceremonially in the act of manumissio vindicta, Latin for "freedom by the rod" :
A freed slave customarily took the former owner's family name, which was the nomen of the master's gens. The former owner became the patron and the freed slave became a client and retained certain obligations to the former master, who owed certain obligations in return. A freed slave could also acquire multiple patrons.
A freed slave became a citizen. Not all citizens, however, held the same freedoms and privileges. In particular contrast, women could become citizens, but female Roman citizenship did not allow anywhere near the same protections, independence, or rights as men, either in the public or private spheres. In reflection of unwritten, yet strictly enforced contemporary social codes, women were also legally prevented from participating in public and civic society. For example: through the illegality of women voting or holding public office.
The freed slaves' rights were limited or defined by particular statutes. A freed male slave could become a civil servant but not hold higher magistracies, serve as priests of the emperor or hold any of the other highly respected public positions.
If they were sharp at business, however, there were no social limits to the wealth that freedmen could amass. Their children held full legal rights, but Roman society was stratified. Famous Romans who were the sons of freedmen include the Augustan poet Horace and the 2nd century emperor, Pertinax.
A notable freedman in Latin literature is Trimalchio, the ostentatiously nouveau riche character in the Satyricon, by Petronius.

Peru

In colonial Peru, the laws around manumission were influenced by the Siete Partidas, a Castilian law code. According to the Siete Partidas, masters who manumitted their slaves should be honored and obeyed by their former slaves for giving such a generous gift. As in other parts of Latin America under the system of coartación, slaves could purchase their freedom by negotiating with their master for a purchase price and this was the most common way for slaves to be freed. Manumission also occurred during baptism, or as part of an owner's last will and testament.
In baptismal manumission, enslaved children were freed at baptism. Many of these freedoms came with stipulations which could include servitude often until the end of an owner's life. Children freed at baptism were also frequently the children of still-enslaved parents. A child who was freed at baptism but continued to live with enslaved family was far more likely to be re-enslaved. Baptismal manumission could be used as evidence of a person's freed status in a legal case but they did not always have enough information to serve as a carta de libertad.
Female slave owners were more likely than males to manumit their slaves at baptism. The language used by women slave owners who freed their slaves also differed substantially from that of men, with many women using the phrasing “for the love I have for her” as well as other expressions of intimacy as part of the reasoning for freeing their slaves as written on the baptismal record or carta de libertad. Male slave owners were far less likely to speak in intimate terms about their reasoning for freeing their slaves.
Many children manumitted at baptism were likely the illegitimate children of their male owners, though this can be difficult to determine from the baptismal record and must be assessed through other evidence. Although slave owners often characterized these baptismal manumissions as a result of their generous beneficence, there are records of payments by parents or godparents to ensure the child's freedom. Mothers were almost never manumitted alongside their children, even when the mothers gave birth to their master's own children. Manumitting a slave's children at baptism could be one way for owners to ensure the loyalty of the children's still-enslaved parents.
Enslaved people could also be freed as part of a slave owner's last will and testament. Testamentary manumission frequently involved expressions of affection on the part of the slave owner to the enslaved person as part of the rationale behind manumission. Slave owners also frequently cited a desire to die with a clear conscience as part of their reasoning for freeing their slaves. Testamentary manumission could often be disputed by heirs claiming fraud, or that an enslaved person had preyed upon a relative's weak mental or physical condition. Legally testamentary manumissions were usually respected by the courts, who understood enslaved people as part of their owner's property to distribute as they wished. Relatives who claimed fraud had to provide evidence of their claims or they would be dismissed. As in baptismal manumission, conditions of ongoing servitude were sometimes placed upon the enslaved person, by obligating them to care for another relative.
In Iberoamerican law, a person had discretion over one-fifth of their estate with the rest going to children, spouses, and other relatives. An enslaved person could be sold in order to cover debts of the estate, but not if they had already paid part of their purchase price towards manumission as this was considered a legally binding agreement. As long as a person had not disinherited his children or spouse, a slave owner could manumit their slaves as they wished.

Caribbean

Manumission laws varied between the various colonies in the Caribbean. For instance, the island of Barbados had some of the strictest laws, requiring owners to pay £200 for male slaves and £300 for female slaves, and show cause to the authorities. In some other colonies, no fees applied. It was not uncommon for ex-slaves to purchase family members or friends in order to free them. For example, ex-slave Susannah Ostrehan became a successful businesswoman in Barbados and purchased many of her acquaintances.
For Jamaica, manumission went largely unregulated until the 1770s, when manumitters had to post a bond in order to ensure those that they freed did not become wards of the parish. One quantitative analysis of the Jamaica manumission deeds shows that manumission was comparatively rare on the island around 1770, with only an estimated 165 slaves winning their freedom through this fashion. While manumission had little demographic impact on the size of the enslaved population, it was important to the growth and development of the free population of colour, in Jamaica, during the second half of the eighteenth century.
In Haiti, before the Haitian Revolution, which freed all Enslaved Afro-Latinos, there was a struggle for many formerly enslaved individuals to maintain their freedom through official manumission papers. Some, like Rosalie of the Poulard Nation, went through various ways to prove her freedom, and that of her children, such as having her white husband claim her as a slave and declare them as free in 1803, although she was initially freed by her owner in 1795.

France

By the edict of July 3, 1315, the King of France, Louis X, known as the Quarrelsome, affirmed that "according to the law of nature, everyone must be born free" and that "throughout our kingdom, servants will be brought to freedom." Hence the maxim "no one is a slave in France" and the statement "the soil of France frees the slave who touches it." This edict thus abolished serfdom in the royal domain. The Law of February 1794 was a decree of the French First Republic's National Convention which abolished slavery in the French colonial empire.