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

726 MALLEUS. MANCIPII CAUSA.
ginal law, for Tiberius sold a man's slaves to the pitch and tow; which, having been set on fire, was'
actor publicus (Ann. iii. 67) in order that they projected slowly, so that it might not be extinmight give evidence against their master, who was guished during its flight, upon houses and other
accused of Repetundae and also of Majestas. buildings in order to set them on fire; and which
Women were admitted as evidence in a case of was therefore commonly used in sieges together
Laesa Majestas, and the case of Fulvia is cited as with torches and falaricae. (Liv. xxxviii. 6; Non.
an instance. (Dig. 48. tit. 4; Cod. ix. tit. 8.) Marcellus, p. 556, ed. Lips; Festus, s. v.; Cic.
As to the phrase Patria Majestas, see PATRIA pro Mil. 24; Veget. de Re Mil. iv. 18; Vitruv. x.
POTESTAS. (The history of Majestas is given 16. 9. ed. Schneider.)
with great minuteness by Rein, Das Criminalrecelt MALUS. [NAvIs.]
der Ro7zer. A brief view of the subject is very MALUS OCULUS. [FAscINUM.]
difficult to give.) [G. L.] MANCEPS has the same relation to Mancipium
MAJO'RES. [INFANS.] that Alspex has to Auspicium. It is properly qui
MA'LLEUS, dcim. MALLE'OLUS (pato-r'p.: mann capit. But the word has several special
q),u'pa, dim. aevppoiv,), a hammer, a mallet, was significations. Mancipes were they who bid at the
used much for the same purposes in ancient as in public lettings of the censors for the purpose of
modern times. When several men were striking farming any part of the public property. (Festus,
with their hammers on the same anvil, it was a s. v. Manceps; Manceps dicitur qui quid a populo
matter of necessity that they should strike in time, emit conducitve, quia, &c.; Cic. pro Planec. c. 26,
iand Virgil accordingly says of the Cyclopes, "Inter ed. Wunder.) Sometimes the chief of the Publise brtchia tollunt inz numzezon." (Geosy. iv. 174; cani generally are meant by this term, as they were
Acun. viii. 452.) The scene which he describes is no doubt the bidders and gave the security, and
represented in the annexed woodcut, taken from an then they shared the undertaking with others or
ancient bas-relief, in which Vulcan, Brontes, and underlet it. (Ascon. in Div. Verr. c. 10.) The
Steropes, are seen forging the metal, while the Mancipes would accordingly have distinctive names
third Cyclops, Pyracmon, blo-wv the bellows. (Aen. according to the kind of revenue which they took
viii. 425.) Beside the anvil-stand [INcUs] is seen on lease, as Decumani, Portitores, Pecuarii. Suetothe vessel of water, in which the hot iron or bronze nius (Vesp. 1, and the note in Burmann's edition)
was immersed. (lb. v. 450, 451.) says that the father of Petro was a manceps of
labourers (opescre) who went yearly from Umbria
to Sabinumn to cultivate the land; that is, he hired
them from their masters and paid so much for the
/i -,2-; use of them; as is now often done in slave coun</!.. ~'~. Al ~,~,~ kk~{,it~j~': \S><@tries. The terms Mancipes Thermarum et Salinarum occur in the Theodosian Code (14. tit. 5.
en2~[ i/~, ] /1r'- |, s. 3). [G. L.]
F 2S/YAY/t/J;N'\.i r' /1: —, 4 MANCIPAITIO. [MANCIPIUs.]
SzKSC! 1 / @ $Ss K i a le aMA'NCIPI RES. [DOMINIUA,]:\;.i'7;1"'- i! uMANCI'PII CAUSA. The three expressions
kg,s \\ \..Ft by which the Romans indicated the status in
which a free person might be with respect to another, were In Potestate, In Manu, and In Mallcipio ejus esse. (Gails, i. 49.) In consequence
v — JX / {l;/__ } //hy i, Aof his Potestas a father could mancipate his child
/, ~._ G~ — ~ A ~.~ --- X ~to another person, for in the old times of the republic his Patria Potestas was hardly distinguished
from property. A husband had the same power
But besides the employment of the hammer over a wife In Manu, for she was "filiae loco."
upon the anvil for making all ordinary utensils, Accordingly a child in Potestate and a wife in
the smith (XaXCeVs) wrought with this instrument Manu were properly Res Mancipi; and they were
figures called ppya vq)pvpjpa'ra (or 5Xoop6p71ra, said to be In Mancipio. Still such persons, when
Brunck, Anal. ii. 222), which were either small mancipated, were not exactly in the relation of
and fine, some of their parts being beaten as thin slaves to the persons to whom they were mancipated;
as paper and being in very high relief, as in the but they occupied a status between free persons and
bronzes of Siris [LoaRcA], or of colossal propor- slaves, which was expressed by the words Mancipii
tions, being composed of separate plates, rivetted causa. Such persons as were in Mancipii causa
together: of this the most remarkable example were not Sui juris (Gains, i. 48-50); and all that
was the statue of the sun of wrought bronze (eopu- they acquired, was acquired for the persons to whom
p1nAaros ioeAoraoos, Theocrit. xxii. 47; *patoT7po- they were mancipated. But they differed from
Moxrna, Philo, de 7 Spectac. 4. p. 14, ed. Orell.), slaves in not being possessed; they might also have
seventy cubits high, which was erected in Rhodes. an injuriarum actio for ill-treatment from those who
Another remarkable production of the same kind had them'In Mancipio, and they did not lose the
was the golden statue of Jupiter (Strabo, viii. 6. rights of Ingenui, but these rights were only sus20; Plat. Plhaedr. p. 232, Heindorf), which was pended. As to contracts, the person with whom
erected at Olympia by the sons of Cypselus. they contracted might obtain the sale of such proBy other artificers the hammer was used in con- perty (bona) as would have been theirs, if they had
junction with the chisel [DoIzABRA], as by the not been in mancipii causea; as Gaius expresses it
carpenter (pulsass nmalleus, Coripp. de Laud. Justini, (iv. 80). Persons Tn mancipii causa might be
iv. 47; woodcut, p. 98) and the sculptos manumitted in the same way as. slaves, and the
The term n2alleolns denoted a hammer, the limitations of the Lex Aelia Sentia and Furia Canitrarsverse head of which was formed for holding nia did not apply to such manumissions. The per