Legal Definitions - manus

The term manus has two distinct historical meanings:

• 1. Roman Law: In ancient Roman law, manus referred to the legal authority or power held by the male head of a household (known as the paterfamilias) over other members of his family, including his wife, children, and slaves. This power was particularly significant in the context of marriage, where a wife often came under her husband's manus. This meant she was legally subject to his control and authority, similar to a daughter, signifying a form of marital subordination common in early Roman society.

  • Example: In ancient Rome, a young woman named Cornelia marries Lucius under a traditional cum manu marriage. Before the marriage, Cornelia was under the legal authority of her father. After the ceremony, her legal status shifts, and she comes under the manus of Lucius. This means Lucius now holds significant legal power over her; she cannot own property independently, make contracts, or initiate legal actions without his consent. Her inheritance rights would also be tied to Lucius's family, not her birth family.

    Explanation: This scenario illustrates the first meaning of manus by showing how a husband gained legal authority and control over his wife in a specific type of Roman marriage, highlighting the wife's legal subordination to her husband.

• 2. Historical Oath: Historically, manus also referred to a person who would swear an oath to support the credibility or innocence of another individual in a legal proceeding. This person was known as a "compurgator." Alternatively, it could refer to the oath itself, often taken by placing a hand on a sacred text, signifying a solemn declaration of truth or belief in another's truthfulness.

  • Example 1 (Compurgator): During a medieval trial in England, a blacksmith named Arthur is accused of a minor theft. To prove his innocence, Arthur brings several respected members of his village to court. These individuals, known for their honesty, each swear an oath before the judge that they believe Arthur is a man of integrity and would not commit such a crime. These neighbors are acting as manus.

    Explanation: Here, the neighbors are the "manus" because they are swearing an oath to vouch for Arthur's character and truthfulness, thereby supporting his defense. Their collective oaths, as compurgators, were intended to convince the court of Arthur's innocence.

  • Example 2 (The Oath Itself): In a historical legal dispute over a debt, a merchant is challenged to a "wager of law." To resolve the claim, the merchant is required to appear in court and swear a solemn oath, often with his hand placed on a Bible or other holy book, affirming that he does not owe the debt. This specific act of swearing the oath is referred to as manus.

    Explanation: This example illustrates the second part of the historical definition, where "manus" signifies the solemn oath itself, particularly one taken with a physical gesture of solemnity to attest to truth or innocence in a legal context.