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Simple English definitions for legal terms

mancipium

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A quick definition of mancipium:

Term: MANCIPIUM

Definition: In ancient Rome, mancipium referred to a slave who was captured by an enemy during war. It could also refer to a temporary status of quasi-servitude, which occurred during emancipation or when a father surrendered his son to answer for a wrongdoing. The father could not simply release his son from his control, but had to sell him into a state of mancipium or qualified slavery. Even then, the father's power was not destroyed, but only suspended during the existence of the mancipium. If the mancipium ceased, the father's right revived. The son was liberated from the patria potestas (father's control) only after being sold three times over.

A more thorough explanation:

Definition: Manicipium (man-sip-ee-uhm) is a term from Roman law that refers to:

  1. A slave, especially one who was captured by an enemy in war.
  2. A temporary quasi-servile status that occurred during emancipation or when a father surrendered a son to answer for a delict.

For example, if a father wanted to release his son from his control, he could not do so by a simple act of his own will. Instead, he had to sell his son into mancipium or qualified slavery. Even then, the father's power was not destroyed, but only suspended during the existence of the mancipium. If the son was set free by the person who held him in that condition, the father's right revived. The son was liberated from the patria potestas (father's control) only after being sold three times over.

Explanation: The examples illustrate how mancipium was used in Roman law to regulate the relationship between fathers and sons. It shows how a father's control over his son could be suspended or terminated by selling him into mancipium. This temporary quasi-servile status allowed the son to be released from his father's control, but only if he was sold three times over. This demonstrates how Roman law placed a high value on the patria potestas and the rights of fathers over their sons.

mancipi res | M & A

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