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Fowler, W. Warde, 1847-1921

"Social life at Rome in the Age of Cicero"

[210]
Marriage then was a matter of the utmost importance in Roman life, and
in all the forms of it we find this importance marked by due solemnity
of ritual. In two other forms, besides confarreatio, the bride could
be brought under the hand of her husband, viz., _coemptio_ and _usus_,
with which we are not here specially concerned; for long before the
last century of the Republic all three methods had become practically
obsolete, or were only occasionally used for particular purposes. In
the course of time it had been found more convenient for a woman to
remain after her marriage in the hand of her father, or if he were
dead, in the "tutela" of a guardian (tutor), than to pass into that
of her husband; for in the latter case her property became absolutely
his. The natural tendency to escape from the restrictions of marital
_manus_ may be illustrated by a case such as the following: a woman
under the _tutela_ of a guardian wishes to marry; if she does so, and
passes under the _manus_ of her husband, her _tutor_ loses all control
over her property, which may probably be of great importance for
the family she is leaving; he therefore naturally objects to such a
marriage, and urges that she should be married without _manus_.


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