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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.
The key to all its characteristics lies in its descent from the mancipium, or ancient Roman conveyance, a proceeding to which we may unhesitatingly assign the parentage of two great institutions without which modern society can scarcely be supposed capable of holding together, the Contract and the Will.
In other words, the mancipium or municipal privilege, which belongs in England to chartered corporations alone, is alike extended to every commune into which the cantons and departments of France were divided at the revolution. Thence the different application of the expression, which is general in one country and restricted in the other.
I ought perhaps to make an Apology for this long Epistle; but as I rather believe you a Friend to Sincerity, than Ceremony, shall only assure you I am, T. SIR, Your most humble Servant, Annabella. No. 96 Wednesday, June 20, 1711. Steele. ... Amicum Mancipium domino, et frugi ... Hor. Mr.
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."
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.
He led the fair doctor into the great kitchen, and felt a great stab of dislike when the young man set his arm round the hostess's waist and kissed her on the red cheeks. The young man laughed: 'Aye indeed; I am mancipium paucae lectionis set beside so learned a man as the magister.
SI ... EST: 'if it has passed into bondage to nobody'. Mancipium is a piece of property; emancipare is to pass a piece of property out of its owner's hands. The word acquired two exactly opposite meanings. When used of a slave, or of a son in patria potestate, who was legally subject to many of the same ordinances as a slave, it means 'to set free', unless, as in Fin.
In the language of ancient jurisprudence, which was corrupted and forgotten before the age of Justinian, these spoils were distinguished by the name of manceps or mancipium, taken with the hand; and whenever they were sold or emancipated, the purchaser required some assurance that they had been the property of an enemy, and not of a fellow-citizen.
Power is discriminated, both in word and in conception, according to the object over which it is exerted. Exercised over material commodities or slaves, it has become dominium over children, it is Potestas over free persons whose services have been made away to another by their own ancestor, it is mancipium over a wife, it is still manus.
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