The enactments of the Twelve Tables respecting -usus- show clearly that they found the civil marriage already in existence.
In like manner the high antiquity of the civil marriage is clearly evident from the fact that it, equally with the religious marriage, necessarily involved the marital power (v.

The House-father and His Household), and only differed from the religious marriage as respected the manner in which that power was acquired.

The religious marriage itself was held as the proprietary and legally necessary form of acquiring a wife; whereas, in the case of civil marriage, one of the general forms of acquiring property used on other occasions--delivery on the part of a person entitled to give away, or prescription--was requisite in order to lay the foundation of a valid marital power.
5.

I.V.The House-father and His Household.
6.

-Hufe-, hide, as much as can be properly tilled with one plough, called in Scotland a plough-gate.
7.