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Two of the agents of legal amelioration, Fictions and Equity, were assiduously employed by the Roman lawyers to give the practical effects of a Mancipation to a Tradition: and, though Roman legislators long shrank from enacting that the right of property in a Res Mancipi should be immediately transferred by bare delivery of the article, yet even this step was at last ventured upon by Justinian, in whose jurisprudence the difference between Res Mancipi and Res Nec Mancipi disappears, and Tradition or Delivery becomes the one great conveyance known to the law.
Mancipation was a conveyance, and hence has arisen the difficulty, for the definition thus cited appears to confound Contracts and Conveyances, which in the philosophy of jurisprudence are not simply kept apart, but are actually opposed to each other.
Such commodities were at first, I imagine, called emphatically Things or Property, and the mode of conveyance by which they were transferred was called a Mancipium or Mancipation; but it was not probably till much later that they received the distinctive appellation of Res Mancipi, "Things which require a Mancipation."
I pass by with brief mention another expedient having the same object with the last, which, though it did not immediately make its appearance in English legal history, was of immemorial antiquity in Roman law; such indeed is its apparent age that some German civilians, not sufficiently aware of the light thrown on the subject by the analogies of English law, have thought it even older than the Mancipation.
They had fireplaces on the plantation and they always used tallow candles at the doctor's place until after the 'mancipation, then the doctor was one of the first ones to buy coal oil lamps. Did you use an open well or pump to get the water? No, we went to the spring to get the water. We toted it in cedar buckets.
But as soon as law and equity had been completely fused, and when Mancipation ceased to be the Roman conveyance, there was no further necessity for the ancient contrivance, and Usucapion, with its periods of time considerably lengthened, became the Prescription which has at length been adopted by nearly all systems of modern law.
"The peculium or personal property of the slave usually passes with him to a new master unless it is specially excepted in the terms of sale: there is also the usual guaranty as to the health of the slave and that he has committed no theft or tort for which his master is legally responsible, and, unless the purchase is by mancipation, the bargain is bound by an obligation of double indemnity, or in the amount of the purchase price alone, if that is the agreement.
We got it just the same and didn 't know any better. "We stayed on after de 'mancipation an' ah wants t' tell y' ah worked hard in dose days. Of course, ah worked hardest after Peace wuz declared. "I wuz on dat plantation when there wuz no matches.
The Edictal Law would therefore enforce the dispositions of a Testator, when, instead of being symbolised through the forms of mancipation, they were simply evidenced by the seals of seven witnesses.
2 All these three kinds of will which we have mentioned belonged to the civil law, but later still a fourth form was introduced by the praetor's edict; for the new law of the praetor, or ius honorarium, dispensed with mancipation, and rested content with the seals of seven witnesses, whereas the seals of witnesses were not required by the civil law.
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