Manus ( ; ) was an

Ancient Roman In modern historiography, ancient Rome is the Roman people, Roman civilisation from the founding of Rome, founding of the Italian city of Rome in the 8th century BC to the Fall of the Western Roman Empire, collapse of the Western Roman Em ...

type of

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...

,Jane F. Gardner, ''Women in Roman Law and Society'', First Midland Book Edition, 1991, 11 of which there were two forms: ''cum manu'' and ''sine manu''. In a ''cum manu'' marriage, the wife was placed under the legal control of the husband. In a ''sine manu'' marriage, the wife remained under the legal control of her father. Marcia L. Colish, ''The Stoic Tradition from Antiquity to the Early Middle Ages'', Brill Academic Publishers, 1990, 2 Edition, 383 In both ''cum manu'' and ''sine manu'' marriages, if both the husband and wife were '' alieni iuris'' (persons under ''

patria potestas The ''pater familias'', also written as ''paterfamilias'' (: ''patres familias''), was the head of a Family in ancient Rome, Roman family. The ''pater familias'' was the oldest living male in a household, and could legally exercise autocratic aut ...

''; that is, under the power of their respective '' patres familias''), the marriage could only take place with the approval of both ''patres familias''. Procedures for initiating and terminating marriage varied with the type of union. Initially, ''cum manu'' was the sole form of marriage, but eventually only ''sine manu'' marriage was widely practiced.Rena Van den Bergh, "The Role of Education in the Social and Legal Position of Women in Roman Society", 11

''Cum manu''

In a ''cum manu'' union, the wife was released from the control of her father and became a member of her husband's family, standing thereafter under ''

potestas ''Potestas'' is a Latin word meaning power or faculty. It is an important concept in Roman Law. Origin of the concept The idea of ''potestas'' originally referred to the power, through coercion, of a Roman magistrate to promulgate edicts, give a ...

'' of her husband or her father-in-law. Legally adopted by her husband, she received the same entitlements as other children in the family over matters of

intestate succession Intestacy is the condition of the estate (law), estate of a person who dies without a legally valid Will and testament, will, resulting in the distribution of their estate under statutory intestacy laws rather than by their expressed wishes. A ...

and inherited thereafter not from her father but from her husband. However, the power he held over her was limited in comparison to that which he held over his own daughter; he lacked for example, the legal right of life and death, and '' noxal surrender'' or '' sale'' over her. This change of status, known as '' capitis diminutio minima'',

Susan Treggiari Susan Treggiari is an English scholar of ancient Rome,John Simon Guggenheim Memoria ...

, ''Roman Marriage: Iusti Coniuges'', Oxford University Press, 1993, 28 conferred on the wife the title of '' materfamilias''. The wife in a ''cum manu'' marriage held no proprietary capacity, meaning she could not own any

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...

. Ownership of everything acquired prior to ''cum manu'' was transferred to her husband or his ''paterfamilias'', while existing liabilities were erased. However, during the time of

Cicero Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, orator, writer and Academic skeptic, who tried to uphold optimate principles during the political crises tha ...

, the

dowry A dowry is a payment such as land, property, money, livestock, or a commercial asset that is paid by the bride's (woman's) family to the groom (man) or his family at the time of marriage. Dowry contrasts with the related concepts of bride price ...

was recognized as distinguishable and therefore recoverable. A

widowed A widow (female) or widower (male) is a person whose spouse has died and has usually not remarried. The male form, "widower", is first attested in the 14th century, by the 19th century supplanting "widow" with reference to men. The adjective for ...

or divorced woman became ''

sui iuris ''Sui iuris'' (), also spelled ''sui juris'', is a Latin phrase that literally means "of one's own right". It is used in both the Catholic Church's canon law and secular law. The term church ''sui iuris'' is used in the Catholic ''Code of Canon ...

''. A widow of a ''cum manu'' marriage could select her own

tutor Tutoring is private academic help, usually provided by an expert teacher; someone with deep knowledge or defined expertise in a particular subject or set of subjects. A tutor, formally also called an academic tutor, is a person who provides assis ...

and draft a

will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...

.Jane F. Gardner, ''Women in Roman Law and Society'', First Midland Book Edition, 1991, 12 ''Cum manu'' was procured in one of three ways: ''

confarreatio In ancient Rome, was a traditional patrician form of marriage. The ceremony involved the bride and bridegroom sharing a cake of emmer, in Latin ''far'' or ''panis farreus'', hence the rite's name. ''Far'' is often translated as "spelt", which i ...

'', ''coemptio'' and ''usus''. August Pio-Clementino Inv259

''Confarreatio''

The ritual of ''

'', a kind of

sacrifice Sacrifice is an act or offering made to a deity. A sacrifice can serve as propitiation, or a sacrifice can be an offering of praise and thanksgiving. Evidence of ritual animal sacrifice has been seen at least since ancient Hebrews and Gree ...

made to

Jupiter Jupiter is the fifth planet from the Sun and the List of Solar System objects by size, largest in the Solar System. It is a gas giant with a Jupiter mass, mass more than 2.5 times that of all the other planets in the Solar System combined a ...

,Judith Evans Grubbs, ''Women and the law in the Roman Empire: a sourcebook on marriage, divorce and widowhood'', 2002 by Routledge, 22 was available only to

patricians The patricians (from ) were originally a group of ruling class families in ancient Rome. The distinction was highly significant in the Roman Kingdom and the early Republic, but its relevance waned after the Conflict of the Orders (494 BC to 287 B ...

. During this

ritual A ritual is a repeated, structured sequence of actions or behaviors that alters the internal or external state of an individual, group, or environment, regardless of conscious understanding, emotional context, or symbolic meaning. Traditionally ...

, the

bride A bride is a woman who is about to be married or who is a newlywed. When marrying, if the bride's future spouse is a man, he is usually referred to as the ''bridegroom'' or just ''groom''. In Western culture, a bride may be attended by a maid, ...

and

groom A bridegroom (often shortened to groom) is a man who is about to be married or who is newlywed. When marrying, the bridegroom's future spouse is usually referred to as the bride. A bridegroom is typically attended by a best man and Groomsman, ...

shared a bread made of

emmer Emmer is a hybrid species of wheat, producing edible seeds that have been used as food since ancient times. The domesticated types are ''Triticum turgidum'' subsp. ''dicoccum'' and ''T. t. ''conv.'' durum''. The wild plant is called ''T. t.'' s ...

(''farreus'') (hence, the term ''confarreatio'' translates to "sharing of emmer bread"), a process that required the presence of ten

witnesses In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...

and the recital of ceremonial

sacred Sacred describes something that is dedicated or set apart for the service or worship of a deity; is considered worthy of spiritual respect or devotion; or inspires awe or reverence among believers. The property is often ascribed to objects ( ...

verses.

High priest The term "high priest" usually refers either to an individual who holds the office of ruler-priest, or to one who is the head of a religious organisation. Ancient Egypt In ancient Egypt, a high priest was the chief priest of any of the many god ...

s of

Mars Mars is the fourth planet from the Sun. It is also known as the "Red Planet", because of its orange-red appearance. Mars is a desert-like rocky planet with a tenuous carbon dioxide () atmosphere. At the average surface level the atmosph ...

, and

Quirinus In Roman mythology and Roman religion, religion, Quirinus ( , ) is an early god of the Ancient Rome, Roman state. In Augustus, Augustan Rome, ''Quirinus'' was also an epithet of Janus, Mars (mythology), Mars, and Jupiter (god), Jupiter. Name ...

were required to be born from ''confarreatio'' unions. As ''confarreatio'' fell from favor, it became increasingly difficult to find candidates for priesthood.Susan Treggiari, ''Roman Marriage: Iusti Coniuges'', Oxford University Press, 1993, 23 In order to revive the practice of ''confarreatio'', it was amended such that the wife of a ''

Flamen Dialis In ancient Roman religion, the was the high priest of Jupiter. The term ''Dialis'' is related to ''Diespiter'', an Old Latin form of the name ''Jupiter''. There were 15 '' flamines'', of whom three were ''flamines maiores'', serving the thr ...

'' fell under the control of her husband only during rituals and was otherwise as autonomous as other women. ''Cum manu'' was no longer acquired through ''confarreatio'' and became restricted to

pursuing priestly positions.Susan Treggiari, ''Roman Marriage: Iusti Coniuges'', Oxford University Press, 1993, 24

''Coemptio''

The matrimonial process of ''coemptio'', in essence a

notional ::''See Notional amount or Notional profit for economic terms '' Notional (born February 1, 2004, in California) is a retired American Thoroughbred racehorse. He was sired by In Excess and out of the mare Truly Blessed. His damsire, French Depu ...

sale of the woman to the husband, could be transacted at any point during the marriage. The transaction was conducted by a

scales Scale or scales may refer to: Mathematics * Scale (descriptive set theory), an object defined on a set of points * Scale (ratio), the ratio of a linear dimension of a model to the corresponding dimension of the original * Scale factor, a number ...

-holder in the presence of at least five

, all of whom were adult male

Roman citizen Citizenship in ancient Rome () was a privileged political and legal status afforded to free individuals with respect to laws, property, and governance. Citizenship in ancient Rome was complex and based upon many different laws, traditions, and cu ...

s. ''Coemptio'' could be contracted not only with a husband ("for the sake of marriage"), but also with an outsider ("for the sake of trust"). A wife who had become ''cum manu'' through the process of ''coemptio'' was emancipated upon divorce. By the 2nd century AD, a wife could compel her husband to emancipate her, a right not shared by her children. ''Coemptio'' was presumably a rare practice even during the 2nd century BC.

''Usus''

A ''cum manu'' acquired by ''usus'' was simply the

cohabitation Cohabitation is an arrangement where people who are not legally married live together as a couple. They are often involved in a Romance (love), romantic or Sexual intercourse, sexually intimate relationship on a long-term or permanent basis. ...

of the husband and wife for the duration of a year, after which

ownership Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as '' title'', which may be separated and held by dif ...

of the wife was transferred to her partner and she was considered taken by the

decree A decree is a law, legal proclamation, usually issued by a head of state, judge, monarch, royal figure, or other relevant Authority, authorities, according to certain procedures. These procedures are usually defined by the constitution, Legislativ ...

of yearly possession. This process required no

ceremonial A ceremony (, ) is a unified ritualistic event with a purpose, usually consisting of a number of artistic components, performed on a special occasion. The word may be of Etruscan origin, via the Latin . Religious and civil (secular) ceremoni ...

practices.Jane F. Gardner, ''Women in Roman Law and Society'', First Midland Book Edition, 1991, 13 If the woman was not willing to come under the

of her husband, she could avoid ''manus'' by absenting herself for the total of three days and three nights before the end of each year. A woman married ''cum manu'' through ''usus'' was emancipated upon divorce. The law of ''usus'' was eventually repealed, presumably because the practice had fallen out of use.

''Sine manu''

In a ''sine manu'' union, the wife legally and ritually remained a member of her father's family, standing under the control of her father's ''

''. A ''sine manu'' marriage did not change the legal status of the bride with respect to property rights.John Peradotto and J.P. Sullivan, ''Women in the Ancient World: The Arethus Papers'', State University of New York Press, 1984, 243 In other words, the

is not under control of the husband. John William Smith, John Innes Clark Hare, Horace Binny Wallace, John William Wallace, ''A selection of leading cases, on various branches of the law'' Law Booksellers and Publishers, 1855, Volume 2, 409 This form of marriage was not solemnized with ceremonial formalities, although it was customary for the bride to be escorted to her bridegroom's house, but rather involved a husband and wife living together with the intention of marriage under

Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...

. The children of this union were legally members of the husband's

agnatic Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritanc ...

kin.Susan Treggiari, ''Roman Marriage: Iusti Coniuges'', Oxford University Press, 1993, 32 They held no legal connection with the mother's

paterfamilias The ''pater familias'', also written as ''paterfamilias'' (: ''patres familias''), was the head of a Roman family. The ''pater familias'' was the oldest living male in a household, and could legally exercise autocratic authority over his extende ...

and could not make claims on her

intestate Intestacy is the condition of the estate of a person who dies without a legally valid will, resulting in the distribution of their estate under statutory intestacy laws rather than by their expressed wishes. Alternatively this may also apply ...

. It was only when the woman's ''paterfamilias'' died that she became ''

''. This union allowed the wife to become independent sooner than ''cum manu'', under the assumption that the fathers are likely to have died before a husband. Primarily this served the natal family, allowing her property to stay in the father's possession.Judith Evans Grubbs, ''Women and the law in the Roman Empire: a sourcebook on marriage, divorce and widowhood'', 2002 by Routledge, 21 Various factors may have led to the extinction of ''cum manu'' and the predominance of ''sine manu'' during the

Roman Republic The Roman Republic ( ) was the era of Ancient Rome, classical Roman civilisation beginning with Overthrow of the Roman monarchy, the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establis ...

. Women faced with the loss of property when entering a ''cum manu'' marriage began to only consent to ''sine manu'' unions.

References