A matter
propofing to
releafe his
Have for a
certain fum,
occaiions
emancipation
upon the in-
ftant of the
Have’s- affent.
A Have may
be emancipated
in return
for pro*
perty~of any
defcription.
C H A P . -V.
Of M am m ißan for a Compenfation,
I f a man fay to has- {lave “ you. are free for four thoufand D irm s f
the Have is. free immediately upon confuting to the propofal, and
before the payment of the fum mentioned,— becaufe the propofal of
the mailer and. confent of the (lave is a compact of exchange o f property
for that which is not property, fince the (lave cannot be feid to
become poffefled o f himfelf by i t ; and, in exchange, it is neceffary
that its effect (which in the prefent inftance is freedom), be eftabliffied
upon the flave’s confentingto the return,:— as in. a cafe offa le, where
the property of the thing bought is eftabliffied in the purchafer upon
his confenling thereto.— If, therefore, the Have, confent, he is fr ee,
and the compenfation is a debt upon his perfon and this is a. regular
debt, whence bail may be taken for it t contrary to the cafe of a ftipu-
kted Kitnhat, or ranfom, which not being confidered as a regular debt
©n the part of the Mokdtib, is not bailable, according to what is mentioned
on that head in the book o f Bail-
T hb property in return for which a flave is-emancipated is general,,
and extends to all defcriptions of property, whether cafh, houfehold
goods, or cattle,— and manumiffion in lieu of any o f thefe is approved,
although the article be unfpecified, becaufe the manumiffion of a Have
in return for property, is an exchange of property for that which is not
property, in the fame manner as marriage, or divorce fo r a compenfation,
or compoftion fo r blood wilfully fhed, in all which the mention of
the animal' fuffices,. without identical fpecification. Manumiffion is
alfo
M A N U M I S S I O N .
alfo in the fame manner approved in lieu of all articles of weight or
meafurement of capacity, provided the kind be made known, as wheat,
for inftance, by a man faying to his flavq “ 1 will emancipate you for
“ an hundred bufhels of wheat,”— where the mention of the gram is
approved, although its quality, whether good or bad, be unknown,
becaufe ignorance of the quality is- comparatively of feaall importance.
I f a perfon fufpend the manumiffion o f a Have upon the payment
of money, by faying to him “ if you pay me one thoufend Dmns, you
we fr e e ,” the flave forthwith becomes a Mazoon, and is free upon
producing to his mafter the above fbm ; but he is not a Mokdtib. His
freedom is an evident confequence o f his payment of the fum mentioned,
as the mafter has fufpended it upon that circumftance; and he
becomes a Mazoon, becaufe the mafter, by the tenor of his declaration,
excites him to the acquilition o f property, by the demanding of property
from him, which implies that having acquired it by induftry,
he is to pay it to him, and not that he is to procure k by begging for
that purpofe. T h e flave is therefore a Mazoon,, beeaufe the mafter’s
demanding property of him argues his being fb. And i f the flave
fhould offer, or make a tender of, the fum mentioned to- his mafter,
the magiftrate may compel him to accept of it, and the flave becomes
free.— The reafbn for compelling tire mafter to accept of the money
is that he is confidered to be virtually feized of it, where the flave lays
it before him, and leaves it, without giving any obftruction to his
taking i t a n d by the compulfon here mentioned is meant imprifonment,
to wit, that he mufi either accept the money, or ber imprifoned by the
magiftrate.— 'differ fays that the mafter cannot be compelled ta take
the mone y and this is conformable to analogy, beeaufe the mafter’s
declaration amounts to a TTameen, or conditional vow,, fince he has
exprefsly fufpended. freedom upon the condition there mentioned,
whence it is that it does not depend upon the flave’ s confent,. and is
not conceived liable to annulment: now nocompulfion is admitted re-
i; fpecling.
If die matte?
fufpend the
freedom o f
his flave upon
the payment
of a fum of
money, the
flaye is rendered
a Ma zoon
upon the
inftant, and
becomes free
upon payment
of the money,.
which the
mafter may
be compelled:?
to accept..