Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

DOCANA.; DOCIMASIA. 41
persons subjected to this incapacity. (Dig. 24. 1. p. 36.) This rude symbol ot fraternal unity
tit. 2. s. 11.) evidently points to a very remote age, in which
Corresponding to the forms of marriage by con- scarcely any attempts in sculpture call have been
farrcatio and coemtio, there were the forms of made. At a later time, when works of art were:
divorce by diffarreatio and remancipatio. Accord- introduced into all the spheres of ordinary life,
ing to Festus (s. v. D1fiarreatio), diffarreatio was a this rude and ancient object of worship, like manykind of religious ceremony so called, " quia fiebat others of its kind, was not superseded by a more
farreo libo adhibito," by which a marriage was dis- appropriate symbol. The Diescuri were worshipped
solved; and Plutarch (Quaest. Rome. 50) has been as gods of war, and we know that their images
supposed to allude to this ceremony in the case of accompanied the Spartan kings whenever they
a divorce between the flamen dialis and his wife. took the field against an enemy. But when in the
It is said that originally marriages contracted by year 504 B. C. the two kings, during their invaconfarreatio were indissoluble; and in a later age, sion of Attica, failed in their undertaking on acthis was the case with the marriage of the flamen count of their secret enmity towards each other,
dialis (Gell. x. 15), who was married by confar- it was decreed at Sparta, that in future only one
reatio. In the case referred to by Plutarch, the king should command the army, and in couseemperor authorised the divorce. A marriage by quence should only be accompanied by one of the
coemstio was dissolved by remancipatio (Festus, images of the Dioscuri. (Herod. v. 75.) It is not
s. v. Remancipataun). In other cases, less cere- improbable that these images, accompanying the
mony was used; but still some distinct notice or kings into the field, were the ancient 36cava, which
declaration of intention was necessary to constitute were now disjointed, so that one half of the syma divorce: the simple fact of either party con- bol remained at Sparta, while the other was taken
tracting another marriage was not a legal divorce. into the field by one of the kings. Suidas and the
(Cic. Orat. i. 40.) The ceremony of breaking the Etymologicum Magnumn (s. v.) state that &0carva
nuptiales tabulae (Tacit. Ann. xi. 30), or of taking was the name of the graves of the Dioscuri at
the keys of the house from the woman and turning Sparta, and derived from the verb E'Xo/u at. (Millher out of doors, were probably considered to be ler, Do rians, i. 5. ~ 12. note m, ii. 10. ~ 8; Zoega,
acts of themselves significant enough, though it De Obeliscis, p. 228.) [L. S.]
may be presumed that they were generally accom- DOCIMA'SIA (aec/acrlta). When any citlpanied with declarations that could not be mis- zen of Athens was either appointed by lot, or
understood. The general practice was apparently chosen by suffrage (cNKpOWObs Kai atPETds), to hold
to deliver a written notice, and perhaps to assign a a public office, he was obliged, before entering on
reason. In the case of Paula Valeria, mentioned its duties, to submit to a docilusasia, or scrutiny
by Cicero, no reason was assigned. By the Lex into his previous life and conduct, in which any
Julia de Adulteriis, it was provided that there person could object to him as unfit. This was the
should be seven witnesses to a divorce, Roman case with the archons, the senators, the strategi,
citizens of full age (puberes), and a freedman of and other magistrates. The exapmination, or anathe party who made the divorce. (Dig. 24. tit. 2. crisis, for the archonship was conducted by the.8. 9.) senators, or in the courts of the heliaea. The docis.aUnder the early Christian emperors, the power sia, however, was not confined to persons appointed
of divorce remained, as before, subject to the ob- to public offices; for we read of the denouncement
servance of certain forms. Justinian restricted the of a scrutiny (Eira'ysyexia sotcriaoa'as) against orapower of divorce, both on the part of the husband tors who spoke in the assembly while leading
and the wife, to certain cases, and he did not allow profligate lives, or after having committed flagia divorce even by the consent of both parties, unless tious crimes. This denouncement might be made
the object of the parties was to live a life of chas- in public by any one 7rpbs 6oKiclaaeav roi Biov,
tity; a concession made to the opinions of his i. e. to compel the party complained of to appear
Christian subjects. before a court of justice, and give an account of his
The term repudium, it is said, properly applies to life and conduct. If found guilty, he was punished
a marriage only contracted [MATRIaIONITM], and with atimia, and prohibited from the assesmblies.
divortium to an actual marriage (Dig. 50. tit. 16. (Aesch. Timascel p. 5.)
s. 101. 191); but sometimes divortium and re- The phrase vSpa lyer eat otcqkacsar i needs a
pudium appear to be used indifferently. The few words of explanation. At the age of eighteen,
phrases to express a divorce are, nuncium remit- every Athenian became an ephebus, and after two
tere, divortium facere; and the form of words years was enrolled amongst the men, so that he
might be as follow-" Tuas res tibi habeto, tuas could be present and vote at the assemblies. (Poll.
res tibi agito." (Cic. Pil. ii. 28; Plaut. Amphit. viii. 105.) In the case of wards who were heirs
iii. 2. 47, Trinumz. ii. 1. 43.) The phrases used to to property, this enrolment might take place before
express the renunciation of a marriage contract the expiration of the two years, on it being estawere, renuntiare repudium, repudium remittere, blished by a docimasia that the youth was physidicere, and repudiate; and the form of words cally qualified to discharge any duties the state
might be, "Conditione tua non utor." (Dig. 24. might impose upon him. If so, he was released
tit. 2; Ulp. Frag. vi.; Heinecc. Syntagmlna; Cod. from guardianship, and " became a man" (&vp
5. tit. 17, and 24; Rein, Das RMmische Privatrec/st; Ey'vEso., or o60KlyCtdrO), being thereby empowered
and as to the later Roman Law, Thibaut, Systemn, to enter upon his inheritance, and enjoy other
&c. 9th ed.) [G. L.] privileges, just as if he were of the full age of
DO'CANA (r& dKcava, from ocOKdS, a beam) twenty. (Harpocr. s. v.'EsriseE-s iii-at: Dem.
was an ancient symbolical representation of the c. Ap/eob. p. 857, c. Onel. p. 865, c. Steph. p. 1135.)
Dioscuri (Castor and Polydeuces), at Sparta. It We mayadd that the statements of the grammarians
consisted of two upright beams with others laid and orators are at variance on this point; but the
across them transversely. (Plut. De A-mor. Fratr. explanation we have given seems the best way of
2