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Mancipium

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

The power acquired over a freeman by the rmnoipatio. To form a clear conception of the true import of the word in the Roman jurisprudence, it is necessary to advert to the four distinct powers which were exercised by the pater famt Uas, viz.; the manua, or martial power; the mancipium, resulting from the mancipathe master over his slaves, and the patria poteataa, the paternal power. When the poter familiaa sold hls son, venum dare, mancipare, the paternal i)ower was succeeded by the mancipium, or the power acquired by the purchaser over the person whom he held in mancipio, and whose condition was assimilated to that of a slave. What is most remarkable is, that on the emancipation from the mancipium he fell back into the paternal power, which was not entirely exhausted until he had been sold three times by the pater familiaa, 8i pater filium ter venum dat, filiua a pa Pre liber eato. Gains speaks of the mancipatio as imaginaria queedam vepditio, because in hls times it was only resorted to for the purpose of adoption or emancipation.

See 1 Ortolan 112; Morey, Rom. L, 23, 32; Sohm, Inst. R. L. 124, 390; Adoption; Patee Familias.