lth, liberty could be conferred only three ways. By
testament, by the _census_, and by the _vindicta_, or lictor's rod. A
man was said to be free by the census, "_liber censu_," when his name
was inserted in the censor's roll, with the approbation of his master.
When he was freed by the vindicta, the master placing his hand upon the
head of the slave, said in the presence of the praetor, it is my desire
that this man may be free, "_hunc hominem liberem esse volo_;" to which
the praetor replied, I pronounce him free after the manner of the
Romans, "_dico cum liberum esse more quiritum_."--then the lictor,
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 praetor, 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.

In what manner manumission was performed in this country during the
first century after the introduction of slavery does not appear: the act
of 1668, before mentioned [Ante, p. 36.]