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Updated: May 3, 2025


The -mancipatio- in its developed form must have been more recent than the Servian reform, as the selection of mancipable objects, which had for its aim the fixing of agricultural property, shows, and as even tradition must have assumed, for it makes Servius the inventor of the balance.

Every act of alienation, which did not take place publicly and before witnesses, was declared null; and a revision of the register of landed property, which was at the same time the levy-roll, was directed to be made every fourth year. The -mancipatio- and the -census- thus arose out of the Servian military organization. Political Effects of the Servian Military Organization

The enumeration of those objects which had to be acquired by -mancipatio-, falls accordingly to be ranked as a Servian innovation; the -mancipatio- itself, and consequently the use also of the balance and of copper, are older.

The forms, under which the dealings between Romans and Latins were conducted, were of course the general forms which regulated the mutual dealings of patricians and plebeians; for the -mancipatio- and the -nexum- were originally not at all formal acts, but the significant expression of legal ideas which held a sway at least as extensive as the range of the Latin language.

Every act of alienation, which did not take place publicly and before witnesses, was declared null; and a revision of the register of landed property, which was at the same time the levy-roll, was directed to be made every fourth year. The -mancipatio- and the -census- thus arose out of the Servian military organization. Political Effects of the Servian Military Organization

The -mancipatio- in its developed form must have been more recent than the Servian reform, as the selection of mancipable objects, which had for its aim the fixing of agricultural property, shows, and as even tradition must have assumed, for it makes Servius the inventor of the balance.

The forms, under which the dealings between Romans and Latins were conducted, were of course the general forms which regulated the mutual dealings of patricians and plebeians; for the -mancipatio- and the -nexum- were originally not at all formal acts, but the significant expression of legal ideas which held a sway at least as extensive as the range of the Latin language.

Beyond doubt -mancipatio- was originally the universal form of purchase, and occurred in the case of all articles even after the Servian reform; it was only a misunderstanding of later ages which put upon the rule, that certain articles had to be transferred by -mancipatio-, the construction that these articles only and no others could be so transferred. I. VII. Relation of Rome to Latium

Nexum, therefore, which originally signified a Conveyance of property, came insensibly to denote a Contract also, and ultimately so constant became the association between this word and the notion of a Contract, that a special term, Mancipium or Mancipatio, had to be used for the purpose of designating the true nexum or transaction in which the property was really transferred.

The enumeration of those objects which had to be acquired by -mancipatio-, falls accordingly to be ranked as a Servian innovation; the -mancipatio- itself, and consequently the use also of the balance and of copper, are older.

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