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Updated: May 15, 2025
Thus, although the conveyance of property was certainly accompanied by very different forms in the different commonwealths surrounding Rome, the actual transfer, tradition, or delivery of the article intended to be conveyed was a part of the ceremonial in all of them. It was, for instance, a part, though a subordinate part, in the Mancipation or conveyance peculiar to Rome.
The parts of jurisprudence which he looked upon with affection were exactly those which a modern theorist leaves out of consideration as accidental and transitory; the solemn gestures of the mancipation; the nicely adjusted questions and answers of the verbal contract; the endless formalities of pleading and procedure.
I knew what he would say, but for the sake of hearing it once more, I had braved his quick look of commiseration for my shallowness of understanding. "Yes, seh, Mahstah Majah, Ah knows 'bout that theah 'mancipation Procalmashum. But Ah was a ve'y diffunt matteh. Yo'-all see Ah was made oveh t' Miss Cahline pussenly by Ole Mahstah.
In the case therefore of a Mancipation, however slovenly the performance might have been, yet if it had been carried so far as to involve a Tradition or Delivery, the vice of the title would be cured by Usucapion in two years at most. I know nothing in the practice of the Romans which testifies so strongly to their legal genius as the use which they made of Usucapion.
They were reminded of the fact whenever they purchased the right of occupation from a previous possessor, for such a title could not pass by mancipation; or whenever they sued for the recovery of an estate from which they had been ejected, for they could not make the plea before the praetor that the land was theirs "according to the right of the Quirites," but could rely only on the equitable assistance of the magistrate tendered through the use of the possessory interdicts; or, more frequently still, whenever they paid their dues to the Publicanus, that disinterested middle-man, who had no object in compromising with the possessors, and could seldom have allowed an acre of land to escape his watchful eye.
She was a terrible piece of humanity. Father was a farm hand. They had a gin, a shoe shop, and a blacksmith shop all on Floyd Malone's place. I picked a little cotton before 'mancipation. Floyd Malone had to buy my mother to git her where my father was. "Some of the boys wore dresses till they was twelve or fifteen years old. One fellar rode a mule or cow one the other to preaching.
The Testament we are considering the Testament per æs et libram, "with the copper and the scales," as it long continued to be technically called was an ordinary Mancipation with no change in the form and hardly any in words.
Her parents, too, "stayed on" quite a while after the "mancipation". Being one of those who "didn't have too much time to talk too much," her main statement was: "'Bout all hi ken 'member is dat hi hused go hout wid de old folks when dey went out to pick cotton. Hi used to pick a little along. "I had plenty to eat and when we went away, my Massy had a little calf that I liked so well.
The imperfection too of oral, as compared with written, testimony necessitates the multiplication of the witnesses and assistants beyond what in later times would be reasonable or intelligible limits. The Roman Mancipation required the presence first of all of the parties, the vendor and vendee, or we should perhaps rather say, if we are to use modern legal language, the grantor and grantee.
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