Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

EMANCIPATIO. EMANCIPATIO. 465
town itself was at the same time declared sacred another'person who manumitted him,- tpon which
and inviolable, as long as its citizens offered the an- he returned into the power of the father. This
nual sacrifices which were then instituted on behalf was repeated, and with the like result. After, a
of Greece. Every fifth year these solemnities were third sale, the paternal power was extinguished,
celebrated with contests (&uy&'v r'&c'EAeuv0Eptwv) but the son was resold to the parent, who then
inl which the victors were rewarded with chaplets manumitted him, and so acquired the rights of
(&d&yu 7U'YVeCubcs oTE'avIris, Strab. ix. p. 412). a patron over his emancipated son, which would
The annual solemnity at Plataeae, which con- otherwise have belonged to the purchaser who gave
tinued to be observed down to the time of Plutarch him his final manumission.
(Aristid. 19, 21; Paus. ix. 2. ~ 4), was as follows:- The following view of emancipatio is given by a
On the sixteenth of the month of Maimacterion, a German writer: -" The patria potestas could not
procession, led by a trumpeter, who blew the signal be dissolved immediately by manlmiss io, because
for battle, marched at daybreakl through the middle the patria potestas must be viewed as an imaperium,
of the town. It was followed by waggons loaded and not as a right of property like the power of a
with myrtle boughs and chaplets, by a black bull, master over his slave. Now it was a fundamental
and by free youths who carried the vessels con- principle that the patria potestas was extinguished
taining the libations for the dead. No slave was by exercising once or thrice (as the case might be)
permitted to minister on this occasion. At the end the right which the pater familias possessed of sellof this procession followed the archon of Plataeae, ing or rather pledging his child. Conformably to
who was not allowed at any other time, during his this fundamental principle, the release. of a child
office, to touch a weapon, or to wear any other but from the patria potestas was clothed with the form
white garments, now wearing a purple tunic, and of a mancipatio, effected once or three times. The
with a sword in his hand, and also bearing an urn, patria potestas was indeed thus dissolved, though
kept for this solemnity in the public archive (ypact- the child was not yet free, but came into the coni Mpukdcmov). When the procession came to the dition of a nexus. Consequently a manumissio was
place where the Greeks, who had fallen at Pla- necessarily connected with the mancipatio, in order
taeae, were buried, the archon first washed and that the proper object of the emancipatio might be
anointed the tombstones, and then led the bull to attained. This manumissio must take place once
a pyre and sacrificed it, praying to Zeus and Her- or thrice, according to circumstances. In the case
ures Chtlhonios, and inviting the brave men who when the manumissio was not followed by a return
had fallen in the defence of their country, to take into the patria potestas, the manumiissio was atpart in the banquet prepared for them. This ac- tended with important consequences to the manucount of Plutarch (Aristid. 19 and 21) agrees with missor, which consequences ought to apply to the
that of Thucydides (iii. 58). The latter, however, emancipating party. Accordingly, it was necessary
expressly states that dresses formed a part of the to provide that the decisive manumission should be
offerings, which were probably consumed on the made by the emancipating party; and for that
pyre with the victim. This part of the ceremony reason a remancipatio, which preceded the final
seems to have no longer existed in the days of Plu- manumlissio, was a part of the form of emancipatio."
tarch, who does not mention it, and if so, the Pla- (Unterholzner 7eitschlrf?, vol. ii. p. 139; Von den
taeans had probably been compelled by poverty to forszesz der Jllczsunzissio per' Ti'ndictan und de'r
drop it. (See Thirlhwall's Hist. of Greece, ii. p. 353, Emancipa tio.)
&c.; BMckh, HE.pl. Pind. p. 208, and ad Corp. The legal effect of emancipation was to make
Inseript. i. p. 904.) the emancipated person becone sui juris: and all
Eleutheria was also the name of a festival cele- the previously existing relations of agnatio between
brated in Samos, in honour of Eros. (Athen. xiii. the parent's familia and the emancipated child
p. 562.) [L. S.] ceased at once. But a relation analogous to that of
ELLIME'NION (eAXtlex'tv). [PENTE- patron and freedman was formed between the percosT..] son who gave the final emancipation and the child,
ELLO'TIA or HELLOTIA (EhAXc-rma or Ei- so that if the child died without children or legal
Ai'ra), a festival with a torch race celebrated at heirs, or if he required a tutor or curator, the rights
Corinth in hoilotir of Athena as a goddess of fire. which would have belonged to the father, if he had
(Schol. Pinld. 01. xiii. 56; Athen. xv. p. 678; not emancipated the child, were secured to him as
Etymol. s. v.'EAX-rls). a kind of patronal right, in case he had taken the
A festival of the sanle name was celebrated il precaution to secure to himself the final manumisCrete, in honour of Europe. The word EX'AwTrs, sion of the child. Accordingly, the father would
fromn which the festival derived its name, was, always stipulate for a remancipatio from the puraccording to Seleucus (op. Atrlen. I.c.), a myrtle chaser: this stipulation was the pacturn fiduciae.
garland twenty yards in circumference, which The emancipated child could not take any part
was carried about in the procession at the festival of his parent's property as heres, in case the parent
of the Ellotia. (Compare Hesych. and Etymol. died intestate. This rigor of the civil law (jsuris
Mlagn. s. v.'EAXXrTa.) [L.S.] iniqzitates, Gains, iii. 25) was modified by the
ELLY' CHNIUM [LtUCERNA.] praetor's edict, which placed emancipated children,
EMANCIPA'TlO was an act by which the and those who were in the parent's power at the
patria potestas was dissolved in the lifetime of the time of his death, on the same footing as to suc.
parent, and it was so called because it was in the ceeding to the intestate parent's property.
form of a sale (9naacipatio). By the Twelve The emperor Anastasius introduced the practice
Tables it was necessary that a son should be sold of effecting emancipation by an imperial rescript,
three times in order to be released from the paternal when the parties were not present. (Cod. 8. tit. 49.
power, or to be suijuris. In the case of daughters s. 5.) Justinian enacted that emancipation could
and grandchildren, one sale was sufficient. The be effected before a magistrate. But he still alfather transferred the son by the form of a sale to lowed, what was probably the old law, a father to
GG 4