MANUMITTERE

2 definitions found across Law Mind sources

MANUMITTEREAuthored
The Law Mind • 821 words
Definition
A Latin verb from Roman and early European law meaning to set free a person from legal bondage — specifically, to release an enslaved person from the hand or power of an owner. The term is the verb form from which the noun manumission derives. In Roman law, the act of manumitting transferred legal status: the formerly enslaved person passed from the category of property subject to dominium into a recognized legal personality, typically as a freedman (libertus). In medieval European legal contexts, the term carried over to describe formal acts of liberation from serfdom or villeinage as well as from chattel slavery. The operative Latin maxim preserved in the sources states: manumittere idem est quod extra manum vel potestatem ponere — to manumit is the same as to put outside the hand or power. This phrase captures the legal mechanics precisely: the act removes the subject from the owner's manus (hand), the symbolic and legal site of dominion.
Why It Matters in Research
Researchers will encounter manumittere almost exclusively in Latin legal texts, glosses, and treatises rather than in English-language opinions or statutes. It appears in Bracton, Fleta, and Coke's commentary on Littleton — sources foundational to common law development but written in an era when Latin technical vocabulary was standard. Recognizing the verb form is essential for parsing these passages accurately; the conjugated forms (manumittit, manumisit, manumitti) will appear without translation. The critical research trap is anachronism. Manumittere in Roman civil law operated within a formal procedural framework — vindicta (the symbolic rod), census enrollment, or testamentary grant — each with distinct legal consequences for the freedman's status. Medieval European usage loosened these formalities considerably, and English common law absorbed the concept into its treatment of villeinage without preserving the Roman procedural categories intact. A researcher reading Fleta or Bracton should not assume that the Roman law consequences of manumission apply to the English feudal context, or vice versa. For corpus researchers working in American legal history, the Latin term itself rarely appears in antebellum sources; manumission is the operative English term in statutes and deeds of freedom. However, treatise writers and legal scholars of the eighteenth and early nineteenth centuries drawing on civil law traditions — particularly in Louisiana and South Carolina — sometimes invoked the Latin root and the Roman framework. Cross-referencing manumittere with manumission entries in both civil law and common law sources reveals the conceptual divergence between the two traditions. The Coke on Littleton citation (Co. Litt. 137) preserved in Burrill provides a direct bridge between Roman civil law concept and English common law commentary — a significant cross-reference point when tracing how the idea of legal liberation from dominion traveled into English jurisprudence.
Historical Dictionary Support
Burrill's Law Dictionary provides the primary entry, defining manumittere as "to set free; to send, dismiss or discharge out of the hand, or power; to manumit," with citations to Fleta (lib. 4, c. 11, §§ 17, 21) and Coke on Littleton (157). The etymology — manus (hand) plus mittere (to send or release) — is given explicitly, and Burrill reproduces the defining maxim: manumittere idem est quod extra manum vel potestatem ponere. The entry is brief, as expected for a verb form whose substantive content is carried by the noun manumission. Burrill's treatment correctly flags that the term belongs to civil law and "old European law" rather than to modern common law practice, and appropriately redirects the reader to the Manumission entry for doctrinal content. What the historical dictionary sources do not address is the procedural architecture of Roman manumission — the distinctions between manumissio vindicta, manumissio censu, and manumissio testamento — which determined not just freedom but the degree of civil status conferred. Researchers needing that level of Roman law detail must consult civil law sources directly; Burrill and comparable common law dictionaries treat manumittere as a definitional marker rather than a doctrinal subject.
Jurisdictional Note
As a Latin term of art, manumittere has no jurisdiction-specific modern legal meaning. Its significance is historical and comparative — most relevant to research in Roman civil law, medieval European law, and those American jurisdictions (particularly Louisiana) whose legal traditions drew on the civil law. In pure common law contexts, the English term manumission governs.
Related Terms
Manumission — the English noun form; the operative term in legal documents and statutes Libertus / Libertinus — the Roman legal status of the freedman following manumissio Manus — the Roman legal concept of hand or power; the root of the verb Villeinage — the English feudal counterpart context in which the term appears in Bracton and Fleta Emancipation — the modern and constitutional successor concept in American law Dominium — the Roman law concept of ownership from which manumission releases the subject Deed of Manumission — the instrument used in American practice to accomplish the act
MANUMITTEREmain
Burrill's Law Dictionary • 1870
Lat. [from manus, the hand, and mittere, to send.] In civil and old European law. To set free; to send, dismiss or discharge out of the hand, or power; to manumit. Fleta, lib. 4, c. 11, §§ 17, 21. See Manumission. Manumittere idem est quod extra manum vel potestatem ponere; to manumit is the same as to put out of the hand or power. Co. Litt. 157.

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