Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...

, ''mancipatio'' (f. Latin ''manus'' "hand" and ''capere'' "to take hold of") was a solemn verbal contract by which the ownership of certain types of goods, called ''res mancipi'', was transferred. ''Mancipatio'' was also the legal procedure for drawing up wills, emancipating children from their parents, and adoption. ''Res mancipi'' were goods important in an early

agrarian society An agrarian society, or agricultural society, is any community whose economy is based on producing and maintaining crops and farmland. Another way to define an agrarian society is by seeing how much of a nation's total production is in agriculture ...

, like land, rights over land,

horse The horse (''Equus ferus caballus'') is a domesticated, one-toed, hoofed mammal. It belongs to the taxonomic family Equidae and is one of two extant subspecies of ''Equus ferus''. The horse has evolved over the past 45 to 55 million yea ...

cattle Cattle (''Bos taurus'') are large, domesticated, cloven-hooved, herbivores. They are a prominent modern member of the subfamily Bovinae and the most widespread species of the genus '' Bos''. Adult females are referred to as cows and adult ...

and

slave Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

s. The right of ownership (''

dominium means "dominion; control; ownership". It is used in some phrases and maxims in legal Latin: *Dominium directum – Direct ownership, that is control of the property, but not necessarily with right to its utilization or alienation. For example, a ...

'') for such goods was reserved to Roman citizens ( Quirites) and therefore called a "quiritian" or a "quiritary" right. The procedure of acquisition of property ''by scales and bronze'' (''per aes et libram'') is described as follows by

Gaius Gaius, sometimes spelled ''Gajus'', Kaius, Cajus, Caius, was a common Latin praenomen; see Gaius (praenomen). People * Gaius (jurist) (), Roman jurist *Gaius Acilius *Gaius Antonius * Gaius Antonius Hybrida *Gaius Asinius Gallus * Gaius Asiniu ...

: "Mancipatio is effected in the presence of not less than five witnesses, who must be Roman citizens and of the age of puberty, and also in the presence of another person of the same condition, who holds a pair of brazen scales and hence is called ''Libripens''. The purchaser, taking hold of the thing, says: HUNC EGO HOMINEM EX IURE QUIRITIUM MEUM ESSE AIO ISQUE MIHI EMPTUS ESTO HOC AERE AENEAQUE LIBRA (I affirm that this slave is mine according to quiritary right, and he is purchased by me with this piece of bronze and scales). He then strikes the scales with the piece of bronze, and gives it to the seller as a symbol of the price" (

, ''

Institutes An institute is an organisational body created for a certain purpose. They are often research organisations ( research institutes) created to do research on specific topics, or can also be a professional body. In some countries, institutes ca ...

'', I.119). Mancipatio existed even before the

Twelve Tables The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornblowe ...

. It fell into disuse during the Empire and was finally abolished by the

code In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communicati ...

Justinian Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized '' renova ...

References

Roman law {{Latin-legal-phrase-stub