MALTA. KNIGHTS OF. 



MANCIPIUM, MANCIPATIO. 



emptying of the cisterns, the gauging of the molt when in the kiln, Ac. 

 Another aet was [iissrrl in 1847. -till further to facilitate the operations 

 of tlio maltster without lessening the duty. The Commissioners of 

 Inland licvrnui?, in a report drawn up in 1857, stated that they were 

 inn. h puxxled by attempto at fraud made by some of the less scrupulous 

 maltsters. One fraud consisted in compressing the grain In the couch, 

 so as to lessen the measure by which the duty was charged. Another 

 fraud was that of mixing raw grain with malt, roasting the two 

 together, and selling the mixture to the brewen as malt. Thin last 

 trick has been counteracted by an order, according to which grain Is to 

 be considered as still unmaltod unless the plumule extends half the 

 length of the grain ; and by compelling brewen to crush their malt in 

 a way which would not be applicable to unmaltod grain. 



MALTA, KXHiHTS i)K. [ HOSITTALLKBS.] 



MALVA SYLVKSTKIS (Wild Mallow), an indigenous, perennial. 

 herbaceous plant, of very frequent occurrence, post wised in every part 

 of mucilaginous properties, and which may be employed for the same 

 ends sa other demulcent herbs. The flowers only ore officinal in 

 Britain : when fresh, they are violet coloured, but by drying become 

 blue, and also lose a large quantity of their watery constituents, for 100 

 parts of recent flowen dry into 11. They have no odour, but a 

 mucilaginous herbaceous taste. They yiel.l their colouring principle 

 both to water and alcohol. The alcoholic tincture furnishes one of 

 the moat delicate of re-agents for testing the presence of acids or 

 alkalies. 



MAMELUKES, or MEMLOOKS, a name derived from an Arabic 

 word signifying slaves, was that of a military body which for a long 

 time ruled Egypt. The Memlooks were first instituted in the early 

 part of the 18th century by Malek Salech, grandson of Safadeen, which 

 Safadeen was the brother of the famous Salah Edeen, the Koord, the 

 founder of the Eyoob dynasty of the sultans of Egypt, which succeeded 

 the Fatemides. Malek Salech purchased many thousands of slaves, 

 with which the markets of Asia were then glutted in consequence of 

 the devastating wan of Oengis Khan. He chose chiefly young natives 

 of the Caucasian regions, whom he trained to military exercises, and 

 embodied into a corps of 12,000 men called Memlooks. This corps, by 

 its discipline and distinct organisation, became formidable to its 

 matters. In 1254 the Memlooks revolted and killed Tooran Shah, the 

 last prince of the Eyoobite dynasty, and raised to the throne of Egypt 

 El Moes Turkoman Memlook. El Moez was murdered in 1261 by 

 another Memlook called Baybers, who founded the dynasty of the 

 Baharite*, which conquered Syria, took Damascus, and put an end to 

 the domination of the Abbaside caliphs. In 1382 Doulet el Memlook 

 el Borgceh, a Circassian Memlook, overthrew the Baharite dynasty, and 

 f..uiided the dynasty of the Circassian Memlooks, which, after losing 

 all the conquests of the Baharitea in Asia by the hands of the 

 Ottomans, continued to rule Egypt till 1517, when Selim I., sultan of 

 the Ottomans, marched into Egypt, defeated the Memlooks near 

 Heliopolis, took Cairo, and put to death Tomaun Bey, the lost of the 

 Circassian dynasty. Selim however maintained the Memlooks as a 

 military aristocracy in Egypt. The Beys of the Memlook, twenty-four 

 in number, continued to be the governors of as many districts, though 

 subject to a pasha, appointed by the Porto, who resided at Cairo. 

 The beys were elected by their own body. [EoviT, Modern Jli.'t-ri/ 

 of, in UEOO. Drv.] This aristocracy continued to rule almost inde- 

 pendent of the Porto till Bonaparte's invasion, when the bulk of 

 Memlook cavalry was destroyed in several brilliant but useless charges 

 upon the French square* supported by artillery, at the battle of the 

 Pyramids, in July, 1788. The remains of this once splendid body 

 with their beys retreated into Upper Egypt. After the English and 

 the Turks had reconquered Egypt in ISH], the Porte was no longer 

 inclined to allow th* Memlooks to retain their former authority, and 

 the Capitan Pasha, treacherously murdered several of the beys whom 

 be had invited to a conference. At last, in March, 1811, Mehemet Ali, 

 pasha of Egypt, by a similar contrivance, destroyed 450 of them, 

 among whom were their chiefs, in the citadel of Cairo. [MEHKXET 

 An. in Bioo. Div.l About 1200 escaped into Dongola, but the vic- 

 torious troop* of the pasha pursued them, and they are now extinct 

 a* a body. The Memlooks were recruited entirely from Caucasian 

 slave*. The office of bey was not hereditary, but elective among them. 

 Their morals were very depraved : they were rapacious and merciless, 

 and their extinction hat been rather an advantage than a lost to 

 humanity. 



MANCITIUM, MANCIPATIO. The right apprehension of these 

 terms to of some importance to those who study Roman authors. The 

 following to the description of Manripntio by Gains ( i. 119, Ac. ) : 

 " Mancipatio to a kind of imaginary sole, and to a peculiar privilege of 

 Roman dttoens. It to effected in the following manner : There must 

 be present not fewer than five witnesses, Roman citizens, of full age, 

 and also another person, of the same class and condition, to hold the 

 braten scales, who is called Hlirifnu. The person who receives in man- 

 eipta, taking hold of the thing, says, ' I affirm that this man is my 

 umysity, according to Quintal Law, and I hare purchased him with 

 this money <) and these bracen scales.' He then strikes the scales 

 with th* piece of money, and gives it to him from whom he receives (H 

 ma*etpi" as the prior. In thin manner both slaves and free persons arc 

 mancipated, a* well as animals, which belong to the class of things 

 " or matftpi, such at oxen, hones, mules, asses; lauds also 



(predial, u well in the city as in the country, which are of the 

 immri/.i, such as are the Italic lands, are ruancipateil in the same way. 

 The mancipatio of lands difiera from that of <>tlu-r things in this respect 

 iily. that persons, whether free or slaves, cannot be mancipated union 

 they are present, it being necessary that he who receive* in maxcijiio 

 should take hold of that which in given him I'M manripio : whence in 

 fact comes the term manelpatio, signifying that the thing is taken 

 (capitur) by the hand (manu) ; but it is the practice to mancipate lands 

 which are at a distance." 



In this passage Oaius describes generally what " mancipatio" U, and, 

 by implication, what things admit of " mancipatio," or, in 

 what things are " manoipi." He was led to these remarks by that port 

 of the subject-matter of his text which treat* of the rights of pontons, 

 or slitltit ; and he prefaces his description of " mancipati.," l.y elating 

 that all children who are in the power <>f their parents, ami tl. 

 who to in that peculiar relation to her husband when -! was said in 

 maiu n'n erne [MAHRIAUK], ore things innnci/>i, and may be uiancipntvd 

 in the same way as slaves. [KMANUTATIOX] 



All things, at objects of ownership, wore either "re* manc-ipi" i- 

 " res nee mancipi :" and there is, observes (Jains (U. 18, 4 

 ditTerence between things ' mancipi' and things ' nee mancipi.' The 

 latter can be alienated by bare tradition r ,1. livery, if they art- 

 corporeal, and therefore susceptible of delivery. Thus the prop, 

 a garment, gold, or silver, may be transferred by bare tru 

 Lands in the provinces may be transferred in the same way." Thus, 

 " mancipatio " was the proper term for expressing the sale or transfer 

 of things "mancipi;" ami ti.nl.- leiuing the transfer of 



things " nee luancipi." (Ulpiaii, ' Frag.,' tit. 19.) 



It appears then that the ownership of property generally which 

 belonged to that class of things called " rot mancipi" could only be 

 transferred by the formalities already described : but that the ownership 

 of things which were " res nee mancipi," and among them, Iambi in tlio 

 provinces, could be transferred without the formalities required in the 

 case of " res mancipi." The foundation of the distinction xs ty lands 

 appears to be this. The real ownership (dominium) uf pr> 

 lands was either in the Roman people, in which case the lands 

 called Stipemliaria ; or in the reigning Ctcsar, in which case they were 

 called Tributaria. There was therefore no ownership, properly so 

 called, of lands in the provinces by individuals; at least no .mmu-ship 

 in tie sense in which lands in Italy were held. Lands in Italy helil 

 by individuals in full or Quiritorian ownership could be the subjects of 

 uBia-apion, in jure cegsio, mancipatio, and viudicatio ; lands in the pro- 

 vinces could not, unless they acquired the Jus Italicum. Originally 

 all the conquered lands even in Italy were Agcr Publicus, the pro- 

 perty of the state, and so long as they remained in that condition, 

 nothing beyond the use (usus fructus) and occupation of 

 [POSSESSION] could be in private individuals. Much of the Ager 1'uli- 

 ficus in course of time was assigned to citizens in full ownerslii 

 accordingly it would become " mancipi" and subject to the same rule 

 at to alienation as other lands held in Quiritarian ownership. 



Mancipatio could only take place between Roman <;ui/ n.s ami 

 Colonarii and Latini Juuiani, and those Peregriui who enjo\ 

 Commercium, or privilege of- buying and selling. As the effect of 

 M.iiu-ipatjo was to transfer Quiritarian ownership with its accessory 

 rights of usucapion, in jure ceasio, mancipatio, and vindicatio, the 

 reason of the rule is obvious. The .incipatio was in some 



respects a disadvantage, inasmuch as without observing the formalities 

 required by the law, the leyal property in a thing " mancipi" coiil.l nut 

 Jans. The mancipatio was that form of transfer of which v 

 similar examples in the early history of most countries, and implied 

 originally on actual seisin of the thing transferred. No writing 

 required, it was necessary that there should be some evidence f tin- 

 transfer, and such evidence was secured by the niodo of transfer \\ hi' h 

 the law rc-ijniieil. So far as relates to laml, maneipatio in its origin 

 may bo presumed to have been equivalent to the feofl'ment with livery 

 of seisin. [FEOFFSIICM-.J 



There wan another mode . , things " mancipi," by the 



form called IN jure casio, which, occonling tu Ulpion, was applicable 

 also to things " nee mancipi." The in Jure ctuio was a fictitious 

 before a competent magistrate at Rome, or a praetor, or before a praetea 

 in a province. The purchaser claimed the wing as his, and the seller 

 cither acknowledged hit claim or mode no defui .., upon wli 

 magistrate gavn judgment for the purchaiter. This form was iu effect 

 and was called " legls actio." (Uaius, ii. '2 1.) IU great roeembl.. 

 the fictitious suit formerly in use in our own system, called a Kin.-, mk.-M, 

 lead to the the conjecture that the notion of a Fine was taken 1 

 early practitioners in our courts from the Koman Law ; and that this 

 hyjxjtucsto to exceedingly probable will bo tlio more apparent, the fur- 

 ther any person examines into the connection between the early 

 English and the Roman Law. The m jure ctuio hat apparently a 

 closer resemblance to a Fine than the IratuacHo of the Roman Law, to 

 which some writers would refer at the origin of the, I'me. (Spcnce's 

 ' Court of Chancery,' vol. i., p. 142 ; citing Glanville, viii., c. 1, _ 



i/Mtio, at Qaiut observes (ii. 26), was more in use than 

 the in jure cento, inasmuch as it was easier to transact the busi- 

 ness with the assistance of a fvw friends then to go before a praetor, 

 or a praeaea, 



Easement* (Jura pradiorum, otherwise called tenitutct) could bu 



