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The formal liberation of a son from the control (manus) of his father. If the son were sold three times over, all the rights of his father came to an end. If then a father wished to make a son his own master (sui iuris), he made him over three times by mancipatio or a fictitious sale to a third person. The third person emancipated him the first and second time, so that he came again into the control of his father. After purchasing him a third time he either emancipated him himself, and thus became his patronus, or he sold him back to his father, to whom he now stood, not in the relation of a son, but in mancipio, so that the father could liberate him without more ado. In this case the father remained patronus of the son. The emancipated son did not, as in the case of adoption (see ADOPTION), Pass into the patria potestas of another, and therefore retained his father's family name. But he lost his right to inherit in default of a will.
A formal mode of purchase among the Romans, which seems to go back to a time when the price of purchase was weighed out in bars of copper. In the presence of six Roman citizens of the age of puberty, one of whom, called the libripens (weigher), held a copper balance, the purchaser took hold of the thing and uttered certain prescribed words. He then struck the balance (libra) with a small piece of copper (oes or raudusculum), which he gave to the seller as symbol of the price. This mode of purchase per oes et libram was employed in the case of res mancipi, i.e. estates in Italy or provinces with Italian law, in the country or in towns, slaves, and domestic animals and beasts of burden needed for agricultural purposes; also in a certain kind of testaments, in the form of marriage called coemptio, and in transferring one's power over a person (manus) to another. (See ADOPTION, EMANCIPATIO, and MANCIPIUM.)
FAMILIA 30.71%
The Latin name for a household community, consisting of the master of the house (pater familias,) his wife (mater familias,) his sons and unmarried daughters (filii and filioe familias,) the wives, sons, and unmarried daughters of the sons, and the slaves. All the other members of the family were subject to the authority of the pater familias. (For the power of the husband over his wife, see MANUS.) In virtue of his paternal authority (patria potestas), the pater familias had absolute authority over his children. He might, if he liked, expose them, sell them, or kill them. These rights, as manners were gradually softened, were more and more rarely enforced; but they legally came to an end only when the father died, lost his citizenship, or of his own will freed his son from his authority. (See EMANCIPATIO.) They could, however, be transferred to another person if the son were adopted, or the daughter married. A son, if of full age, was not in any way interfered with by the patria potestas in the exercise of his civil rights. But in the exercise of his legal rights as an individual, he was dependent always on his father. He could, for instance, own no property, but all that he acquired was, in the eye of the law, at the exclusive disposal of his father. The pater familias alone had the right of making dispositions of the family property by mortgage, sale, or testament.
Type: Standard
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