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On this page: Majores – Malleus – Malus Oculus – Manceps – Mancipatio – Mancipi Res – Mancipii Causa



ginal law, for Tiberius sold a man's slaves to the actor publicus (Ann. iii. 67) in order that they might give evidence against their master, who was accused of Repetundae and also of Majestas. "Women were admitted as evidence in a case of Laesa Majestas, and the case of Fulvia is cited as an instance. (Dig. 48. tit. 4 ; Cod. ix. tit. 8.)

As to the phrase Patria Majestas, .see patria potestas. (The history of Majesfcas is given with great minuteness by Rein, Das Crimincdrecltt tier Romer. A brief view of the subject is very difficult to give.) [G. L.]

MAJORES. [infans.]

MALLEUS, dim. MALLE'OLUS (paKrr-fjp: crrjivpa, dim. crtyvpiov'), a hammer,, a mallet, was used much for the same purposes in :ancient as in modern times. When several men were striking with their hammers on the same anvil, it was a matter of necessity that they should strike in time, and Virgil accordingly says of the Cyclopes, "Inter se brachia tollimt in numerum." (Georg. iv. 174 ; acil viii. 452.) The scene which he describes is represented in the annexed woodcut, taken from an ancient bas-relief, in which Vulcan, Brontes, and Steropes, are seen forging the metal, while the third Cyclops, Pyracmon, blows the bellows. (Aen. viii. 425.) Beside the anvil-stand [incus] is seen the vessel of water, in which the hot iron or bronze was immersed, (Ib. v. 450, 451.)

But besides the employment of the hammer upon the anvil for making all ordinary utensils, the smith (xaXtfeus) wrought with, this instrument figures called epya o'^vp'fjXara (or 6\ocr<f)i>pr]Ta, Brunck, Anal. ii. 222), which were either small and fine, some of their parts being beaten as thin as paper and being in very high relief, as in the bronzes of Siris [lorica], or of colossal propor­tions, being composed of separate plates, rivetted together; of this the most remarkable example was the statue of the sun of wrought bronze (<r<£u-p-fl\aros KoXocrcros, Theocrit. xxii. 47 ; paiffr^po-Koiria, Philo, de 7 Spectac. 4. p. 14, ed. OrelL), seventy cubits high, which was erected in Rhodes. Another remarkable production of the same kind was the golden statue of Jupiter (Strabo, viii. 6. 20 ; Plat. Pliaedr. p. 232, Heindorf), which was erected at Olympia by the sons of Cypselus.

By other artificers the hammer was used in con­junction with the chisel [dolabra], as by the carpenter (pulsans malleus^ Coripp. deLaud. Justini, iv. 47 ; woodcut, p. 98) and the sculptor

The term maUeolus denoted a hammer, the transverse head of which was formed for holding


pitch and tow ; which, having been set on fire, was projected slowly, so that it might not be extin­ guished during its flight, upon houses and other buildings in order to set them on fire ; and which was therefore commonly used in sieges together with torches and falaricae. (Liv. xxxviii. 6 ; Non. Marcellus, p. 556, ed. Lips; Festus, s. v. ; Cic. pro Mil. 24 ; Veget. de Re Mil. iv. 18 ; Vitruv. x. 16. 9. ed. Sehneider.) MALUS. [NAVis.]

MALUS OCULUS. [fascinum.]

MANCEPS has the same relation to Mancipium that Auspex has to Auspicium. It is properly qui manu capit. But the word has several special significations. Mancipes were they who bid at the public lettings of the censors for the purpose of farming any part of the public property. (Festus, s. v. Manceps ; Manceps dicitur qui quid a populo emit conducitve, quia, &c. ; Cic. pro Plane, c. 26, ed. Wunder.) Sometimes the chief of the Publi- cani generally are meant by this term, as they were no doubt the bidders and. gave the security, and then they shared the undertaking with others or underlet it. (Ascon. in Div. Verr. c. 10.) The Mancipes would accordingly have distinctive names according to the kind of revenue which they took on lease, as Decumani, Portitores, Pecuarii. Sueto­ nius (Vesp. 1, and the note in Burmann's edition) says that the father of Petro was a manceps of labourers (operae) who went yearly from Umbria to Sabinum to cultivate the land ; that is, he hired them from their masters and paid so much for the use of them ; as is now often done in slave coun­ tries. The terms Mancipes Thermarum et Sali- naram occur in the Theodosian Code (14. tit. 5. s. 3). [G. L.]

MANCIPATIO. [mancipium.]


MANCIPII CAUSA. The three expressions by which the Romans indicated the status in which a free person might be with respect to an­ other, were In Potestate, In Manu, and In Man- cipio ejus esse. (Gaiiis, i. 49.) In consequence of his Potestas a father could mancipate his child to another person, for in the old times of the re­ public his Patria Potestas was hardly distinguished from property. A husband had the same power over a wife In Manu, for she was "filiae loco." Accordingly a child in Potestate and a wife in Manu were properly Res Mancipi ; and they were said to be In Mancipio. Still such persons, when mancipated, were not exactly in the relation of slaves to the persons to whom they were mancipated; but they occupied a status between free persons and slaves, which was expressed by the words Mancipii causa. Such persons as were in Mancipii causa were not Sui juris (Gains, i. 48—50) ; and all that they acquired, was acquired for the persons to whom they were mancipated. But they differed from slaves in not being possessed ; they might altso have an injuriarum actio for ill-treatment from those who had them * In Mancipio, and they did not lose the rights of Ingemii, but these rights were only sus­ pended. As to contracts, the person with whom they contracted might obtain the sale of such pro­ perty (bona} as would have been theirs, if they had not been in mancipii causa ; as Gaius expresses it (iv. 80). Persons In mancipii causa might be manumitted in the same way as. slaves, and the limitations of the Lex Aelia Sentia and Furia Cani- nia did not apply to such manumissions. The per-

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