Legal Definitions - lex Fufia Caninia

The lex Fufia Caninia was an ancient Roman law enacted to regulate the emancipation of slaves. It specifically restricted the ability of slave owners to grant freedom to their slaves through their last will and testament. The law set limits on the number or proportion of slaves an owner could free upon their death, aiming to control the rate of manumission and maintain social order. This law was eventually abolished by Emperor Justinian.

Here are some examples illustrating how the lex Fufia Caninia would have applied:

• Scenario: A Wealthy Senator's Will
  Imagine a powerful Roman senator, Gaius, who owned 150 slaves across his various estates. In his will, Gaius wished to reward the loyalty of 75 of his most trusted household and agricultural slaves by granting them freedom upon his death. However, the lex Fufia Caninia would have prevented this. The law imposed a strict maximum, perhaps allowing him to free no more than a quarter or a fifth of his total slaves, regardless of his personal desire. Gaius would have been legally compelled to reduce the number of slaves he intended to free, thereby limiting his testamentary power.

• Scenario: A Merchant's Modest Estate
  Consider a Roman merchant named Lucius, who owned a smaller group of 15 slaves working in his business and home. Lucius, feeling benevolent, decided to free all 15 of his slaves in his will. The lex Fufia Caninia would have directly intervened here. Even for a smaller number of slaves, the law established a cap, meaning Lucius could only emancipate a specific fraction or a maximum absolute number (e.g., perhaps no more than a third, or a fixed number like 5, if his total fell within a certain bracket). This would have forced Lucius to choose which of his slaves would receive freedom and which would remain enslaved after his passing.

• Scenario: A Matron's Intentions
  Suppose a Roman matron, Julia, owned 40 slaves. She drafted a will intending to free 20 of them, believing they had served her well. The lex Fufia Caninia would have applied a specific formula, for instance, dictating that no more than a certain percentage (e.g., one-third) or a fixed maximum number (e.g., 10 slaves if the total was between 20 and 100) could be freed. Julia's intention to free half her slaves would have exceeded this legal limit, requiring her to revise her will to comply with the law's restrictions on manumission, thereby reducing the number of individuals she could liberate.