Mancipatio
Encyclopedia
In Roman law
, mancipatio (f. Latin manus "hand" and capere "to take hold of") was a verbal contract by which the ownership of certain goods, called res mancipi, was transferred.
Res mancipi were goods important in an early agrarian society, like land, rights over land, horses, cattle
and slaves. The right of ownership (dominium
) for such goods was reserved to Roman citizens (Quirites
) and therefore called a "quiritian" or a "quiritary" right.
The procedure is described as follows by Gaius
: "Mancipatio is effected in the presence of not less than five witnesses, who must be Roman citizens and of the age of puberty, and also in the presence of another person of the same condition, who holds a pair of brazen scales and hence is called Libripens. The purchaser, taking hold of the thing, says: HUNC EGO HOMINEM EX IURE QUIRITIUM MEUM ESSE AIO ISQUE MIHI EMPTUS ESTO HOC AERE AENEAQUE LIBRA (I affirm that this slave is mine according to quiritary right, and he is purchased by me with this piece of bronze and scales). He then strikes the scales with the piece of bronze, and gives it to the seller as a symbol of the price" (Gaius, Institutes, I.119).
Mancipatio existed even before the Twelve Tables
. It fell into disuse during the Empire and was finally abolished by the code
of Justinian
.
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, mancipatio (f. Latin manus "hand" and capere "to take hold of") was a verbal contract by which the ownership of certain goods, called res mancipi, was transferred.
Res mancipi were goods important in an early agrarian society, like land, rights over land, horses, cattle
Cattle
Cattle are the most common type of large domesticated ungulates. They are a prominent modern member of the subfamily Bovinae, are the most widespread species of the genus Bos, and are most commonly classified collectively as Bos primigenius...
and slaves. The right of ownership (dominium
Dominium
Dominium, a legal term meaning "Dominion; control; ownership," forms several related compounds in legal Latin:*dominium directum -- Direct ownership, that is control of the property, but not necessarily with right to its utilization or alienation...
) for such goods was reserved to Roman citizens (Quirites
Quirites
Quirites was the earliest name of the burgesses of Ancient Rome. The singular is quiris .Combined in the phrase populus Romanus Quirites it denoted the individual citizen as contrasted with the community. Hence ius Quiritium in Roman law is full Roman citizenship...
) and therefore called a "quiritian" or a "quiritary" right.
The procedure is described as follows by Gaius
Gaius (jurist)
Gaius was a celebrated Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius being merely his personal name...
: "Mancipatio is effected in the presence of not less than five witnesses, who must be Roman citizens and of the age of puberty, and also in the presence of another person of the same condition, who holds a pair of brazen scales and hence is called Libripens. The purchaser, taking hold of the thing, says: HUNC EGO HOMINEM EX IURE QUIRITIUM MEUM ESSE AIO ISQUE MIHI EMPTUS ESTO HOC AERE AENEAQUE LIBRA (I affirm that this slave is mine according to quiritary right, and he is purchased by me with this piece of bronze and scales). He then strikes the scales with the piece of bronze, and gives it to the seller as a symbol of the price" (Gaius, Institutes, I.119).
Mancipatio existed even before the Twelve Tables
Twelve Tables
The Law of the Twelve Tables was the ancient legislation that stood at the foundation of Roman law. The Law of the Twelve Tables formed the centrepiece of the constitution of the Roman Republic and the core of the mos maiorum...
. It fell into disuse during the Empire and was finally abolished by the code
Corpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
of Justinian
Justinian I
Justinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...
.