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Such commodities were the Res Nec Mancipi of the ancient jurisprudence, "things which did not require a Mancipation," little prized probably at first, and not often passed from one group of proprietors to another, While, however, the list of the Res Mancipi was irrevocably closed; that of the Res Nec Mancipi admitted of indefinite expansion; and hence every fresh conquest of man over material nature added an item to the Res Nec Mancipi, or effected an improvement in those already recognised.
The Testator was the grantor; the five witnesses and the libripens were present; and the place of grantee was taken by a person known technically as the familiæ emptor, the Purchaser of the Family. The ordinary ceremony of a Mancipation was then proceeded with. Certain formal gestures were made and sentences pronounced.
It was not probably till attention had been quite drawn off from the imaginary Conveyance, and concentrated on the Nuncupation as the essential part of the transaction, that Wills were allowed to become revocable. I have thus carried the pedigree of Wills some way down in legal history. The root of it is the old Testament "with the copper and the scales," founded on a Mancipation or Conveyance.
But we have not very far to move onwards before we come to a period at which the notion of a Contract has disengaged itself from the notion of a Conveyance. A double change has thus taken place. The transaction "with the copper and the balance," when intended to have for its office the transfer of property, is known by the new and special name of Mancipation.
FANNIE McCAY: Fannie McCay, 1720 NW 3rd Court, Miami, Florida was born on a plantation while her father and mother were slaves; she claims her age is 73 years which would make her too young to remember "mancipation" but nevertheless she was slave property of her master and could have been sold or given away even at that tender age.
The mancipium, or as the word would exhibit itself in later Latinity, the Mancipation, carries us back by its incidents to the infancy of civil society.
That it be not used as a sacred significant ceremony to represent and signify either the delivering to the person ordained authority to preach and to minister the sacraments, or the consecration and mancipation of him to the holy ministry; or, lastly, God’s bestowing of the gifts of his Spirit upon him, together with his powerful protection and gracious preservation in the performing of the works of his calling, but only as a moral sign, solemnly to assign and point out the person ordained; which, also, was one of the ends and uses whereunto this rite of laying on of hands was applied by the apostles themselves, as Chemnitius showeth.
Mancipation was one of them, and therefore, strange as it may seem, we are forced to conclude that the primitive Roman Will took effect at once, even though the Testator survived his act of Testation.
He frets horridly about his flock. He says, ''Mancipation and Temperance have superceded the Scriptures in the States. That formerly they preached religion there, but now they only preach about niggers and rum. Good bye, Squire." "You do right, Squire," said Mr. Hopewell, "to go. That which has to be done, should be done soon, for we have not always the command of our time.
More recently a third kind was introduced, called the will by bronze and balance, because it was made by mancipation, which was a sort of fictitious sale, in the presence of five witnesses and a balance holder, all Roman citizens above the age of puberty, together with the person who was called the purchaser of the family.
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