# Institutes of Gaius 1.1.152-157

Roman Law and Society, Institutes of Gaius, 1.1.152 to 1.1.157. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/1.1.152

(115b) Even if the woman makes a fiduciary sale of herself to her husband, she nevertheless occupies the place of his daughter; for if a wife comes into the hand of her husband for any reason whatsoever, it has been decided that she enjoys the rights of a daughter. (116) It remains for us to explain what persons are subject to mancipation. (117) All children of either the male or female sex who are under the control of their father can be mancipated by him in the same way as that in which slaves can be mancipated. (118) The same rule of law applies to those persons who are in the hand of others, and they can be mancipated in the same way by those to whom they have been sold, just as children may be mancipated by their father; and while she who is married to the purchaser may only occupy the place of his daughter; still, though she may not be married to him, nor occupy the place of his daughter, she can still be mancipated by him. (118a) Generally speaking, mancipation takes place either by parents or by those who obtain possession by coemption, when the parents and the so-called purchasers desire to release the persons from their authority, as will appear more clearly hereafter. (119) Mancipation, as we have mentioned above, is a kind of fictitious sale, and the law governing it is peculiar to Roman citizens. The ceremony is as follows: After not less than five witnesses (who must be Roman citizens above the age of puberty) have been called together, as well as another person of the same condition who holds a brazen balance in his hand and is styled the "balance holder," the so-called purchaser, holding a piece of bronze in his hands, says: "I declare that this man belongs to me by my right as a Roman citizen, and let him be purchased by me with this piece of bronze, and bronze balance." Then he strikes the scales with the piece of bronze, and gives it to the so-called vendor as purchase money.

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Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.