MANCĬPĀTĬO. [MANCIPIUM.]

MANCĬPĬUM, MANCĬPĀTIO. These words are used to indicate the

formal transfer of the ownership of a thing, and are derived from

the fact that the person who received the thing took hold of it

(_mancipatio dicitur quia manu res capitur_). It was not a simple

corporeal apprehension, but one which was accompanied with certain

forms described by Gaius the jurist:--“Mancipatio is effected in

the presence of not less than five witnesses, who must be Roman

citizens and of the age of puberty (_puberes_), and also in the

presence of another person of the same status, who holds a pair of

brazen scales, and hence is called _Libripens_. The purchaser (_qui

mancipio accipit_), taking hold of the thing, says: I affirm that

this slave (_homo_) is mine Ex Jure Quiritium, and he is purchased

by me with this piece of money (_aes_) and brazen scales. He then

strikes the scales with the piece of money, and gives it to the

seller as a symbol of the price (_quasi pretii loco_).” This mode of

transfer applied to all free persons or slaves, animals or lands,

all of which persons and things were called _Res Mancipi_; other

things were called _Nec Mancipi_. Lands (_praedia_) might be thus

transferred, though the parties to the mancipatio were not on the

lands; but all other things, which were objects of mancipatio, were

only transferable in the presence of the parties, because corporeal

apprehension was a necessary part of the ceremony. The party who

transferred the ownership of a thing pursuant to these forms was

said _mancipio dare_; he who thus acquired the ownership was said

_mancipio accipere_. The verb _mancipare_ is sometimes used as

equivalent to _mancipio dare_. Mancipium may be used as equivalent

to complete ownership, and may thus be opposed to _usus_ and to

_fructus_. Sometimes the word mancipium signifies a slave, as being

one of the res mancipi.

MANDĀTUM, often signifies a command from a superior to an inferior.

Under the empire the mandata principum were the commands and

instructions given to governors of provinces and others.

A Smaller Dictionary of Greek and Roman Antiquities · 第 427 / 846 题