tor;— s e c o n d l y , after the death of the matter the manumiflion pronounced
by him with refpeft to 0W of two flaves unfpec.fied, is partaken
of by both, and hence each becomes a fpecific claimant in his
own behalf.
Cafe o f » If , after the death of a perfon poffeffed of flaves, two witneffes
to'an’indlf-0 bear teftimony that he, [the deceafed,] whilft he was in healthy had
criminatema- faid to two of his flaves “ one of you is emancipated . t ere is 111
= e d L - this cafe a difference of opinion : - fom e maintain that their teftimony
ing health. ^ no(. to bg admittedj as the manumiflion now under confideration
does not fall under the defeription of bequeft— whilft others contend
that their teftimony is to be admitted, as the manumiflion aforefaid
after the death of the pronouncer, extends equally to both flaves, and
hence each becomes a fpecific claimant in his own behalf.
C H A P . IV.
Of Manumißon by Hilf, or Vow.
Definition of
Hilf.
By Hi I f is underftood a condition and a penalty;— as if a man were to
fay I if I enter the houfe of fuch a perfon, fuch an one my Have is
.<< free,”_This is alfo termed Tameen*.
The effea of If a man fay “ whenever I enter fuch-an houfe, then whatever
a manumif-
* See articles Tameen and Eimân.
“ flave
“ flave may on that day be in my pofleflion is fr e e ," and it ihould
happen that the perfon thus declaring is not, at the period of fpeaking,
poflefled of a Angle flave, but afterwards pure hale one, and after that
enter the befcrementioiied houfe, this flave becomes free, becaufe
the intention of the fpeaker in the words “ on that day,” applies to the
day on which he fhould enter the laid houfe, on which day the laid
flave is in his pofleflion; and this is the condition. On this account,
therefore, any flave who might be in his pofleflion, at the time of his
lpeaking as above, Is free, provided fuch flave Ihould be ftill remaining
in his pofleflion at the time when the event upon which maaumif-
lion was fufpended takes place. But i f the perfon fhould not introduce
the words “ on that day” in his fpeech, but fhould fay “ whenever I
“ enter fuch a houfe, my flave or flaves are free,” in fuch cafe any
flave whom he may have purchafed after fuch declaration is not emancipated,
becaufe the fpeech, as here exprefled, is confined in its effect
to the flave or flaves in the pofleflion o f the Ipeaker at the period o f his
declaration, and whofe emancipation is fulpended upon the circum-
ftance of his entering the houfe; they only therefore are liberated upon
that event taking place,—■provided they f i l l continue in the fpeaker s
tojfejfion;— and the fentence does not extend to any who may have
been purchafed poferior to the time of fpeaking.
I f a man Ihould declare “ whatever flave o f mine is a male, the
“ fame is free,” and he Ihould, at the time o f fpeaking, be poflefled
of a pregnant female Have, who is afterwards delivered o f a male child,
yet this male child is not free.— This confequence evidently follows,
where the female flave does not bring forth her male child within lels
than fix months after the matter's declaration, becaufe the words above
recited point only to fuch flaves as may be then in the fpeaker’s pof-
feffion at the time of his lpeaking; and it is probable that the pre°--
nancy of the female flave has not, at that period, taken place,
becaufe here the fmalleft term of pregnancy is poferior to the declaration
: and the rule is the fame where the female Have brings forth a
V ° t - b O o o fen
/ion by vow
depends \ipo
the manner
in which it i
exprefled.