The _manus_ of the Roman law appears to be only one instance of an institution common to all primitive societies. On the continent of Europe after many centuries, during which local usages were brought under the influence of principles derived from the Roman law, a theory of marriage became established, the leading feature of which is the _community of goods_ between husband and wife. Describing the principle as it prevails in France, Story (_Conflict of Laws_, § 130) says: "This community or nuptial partnership (in the absence of any special contract) generally extends to all the movable property of the husband and wife, and to the fruits, income and revenue thereof.... It extends also to all immovable property of the husband and wife acquired during the marriage, but not to such immovable property as either possessed at the time of the marriage, or which came to them afterwards by title of succession or by gift. The property thus acquired by this nuptial partnership is liable to the debts of the parties existing at the time of the marriage; to the debts contracted by the husband during the community, or by the wife during the community with the consent of the husband; and to debts contracted for the maintenance of the family.... The husband alone is entitled to administer the property of the community, and he may alien, sell or mortgage it without the concurrence of the wife." But he cannot dispose by will of more than his share of the common property, nor can he part with it gratuitously _inter vivos_. The community is dissolved by death (natural or civil), divorce, separation of body or separation of property. On separation of body or of property the wife is entitled to the full control of her movable property, but cannot alien her immovable property, without her husband's consent or legal authority. On the death of either party the property is divided in equal moieties between the survivor and the heirs of the deceased.
_Law of England._--The English common law as usual followed its own course in dealing with this subject, and in no department were its rules more entirely insular and independent. The text writers all assumed two fundamental principles, which between them established a system of rights totally unlike that just described. Husband and wife were said to be one person in the eye of the law--_unica persona, quia caro una et sanguis unus_. Hence a man could not grant or give anything to his wife, because she was himself, and if there were any compacts between them before marriage they were dissolved by the union of persons. Hence, too, the old rule of law, now greatly modified, that husband and wife could not be allowed to give evidence against each other, in any trial, civil or criminal. The unity, however, was one-sided only; it was the wife who was merged in the husband, not the husband in the wife. And when the theory did not apply, the disabilities of "coverture" suspended the active exercise of the wife's legal faculties. The old technical phraseology described husband and wife as _baron_ and _feme_; the rights of the husband were baronial rights. From one point of view the wife was merged in the husband, from another she was as one of his vassals. A curious example is the immunity of the wife in certain cases from punishment for crime committed in the presence and on the presumed coercion of the husband. "So great a favourite," says Blackstone, "is the female sex of the laws of England."