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

740 MATRIMONIUIM. MATRIMONIUMI.
an Athenian wife are stated somewhat in detail by There was no connubium also between persons
Xenophon (Oeconown. ad izit.). [R. W.] within certain relations of afflinity, as between a
2. ROIMAN. A Roman marriage was called man and his socrus, nurus, privigna, and noverca.
Justae Nuptiae, Justum Matrimonium, Legitimumn Any illegal union of a male and female, though
Matrimonium, as being conformable to Jus Civile affecting to be, was not a marriage: the man had
or to Roman Law. A marriage was either Cum no legal wife, and the children had no legal father;
conventione uxoris in manaum viri, or it was with- consequently they were not in the power of their
out this conventio. In both cases there must be reputed father. These restrictions as to marriage
connubium between the parties, and consent: the were not founded on any enactments: they were
male must also be pubes, and the woman viri a part of that large mass of Roman law which bepotens. The legal consequences as to the power longs to Jus Moribus Constitutum.
of the father over his children were the same in The marriage of Domnitius, afterwards the emboth. Opposed to the Legitimum Matrimoniumn peror Nero, with Octavia the daughter of Claudius,
was the Matrim'niDum Juris Gentiure. seems at first sight somewhat irregular. Nero was
A Roman marriage may be viewed, First with adopted by Claudius by a Lex Curiata (Tacit.
reference to the conditions required for a Justumn Aznn. xii. 26), but he was already his son-in-law;
Miatrimoniusm; Secondly, with reference to the at least the sponsalia are mentioned before the
forms of the marriage; Thirdly, with reference to adoption. (Tacit. Ann. xii. 9.) There seems to be
its legal consequences. no rule of law which would prevent a man from
Unless there was connubium there could be no adopting his son-in-law; though if the adoption
Roman marriage. Connubiusm is defined by U1- took place before the marriage, it would be illegal,
pian (Frotg. v. 3) to be " uxoris jure ducendae as stated by Gaints.
facultas," or the faculty by which a man may make Persons who had certain bodily imperfections,
a woman his lawful wife. But in truth this is nlo as euniuchs, and others who from any cause could
definition at all, nor does it give any information. snever attain to puberty, could not contract marConnubium is merely a term which comprehends riage; for though pubertas was in course of time
all the conditions of a legal marriage. Accmrdingly, fixed at a positive agre [IMiPUBES], yet as the
the term is explained by particular instances: foundation of the notionl of pubertas was physical
"Roman men citizens," sys Ulpian, " have con- capacity for sexual intercourse, there could be no
nubium with Roman women citizens (Roszsanae pubertas if there was a physical incapacity.
cives); but with Latinae and Peregrisnae only in The essence of marriage was consent, and the
those cases where it has been permitted. Withl consent, says Ulpian, " both of those who -come
slaves there is no connubium." together, and of those in whose power they are;"
Sometimes connubium, that is the faculty of and "'marriage is nlot effected by sexual union, but
contracting a Roman marriage, is viewed with re- by consent." Those then who were not sui juris,
ference to one of its most important consequences, had not, strictly speaking, colnmubium, or the
manlely, the Patria Potestas: "for," says Gaius, " uxoris jure ducendae facultas;" though in an" since it is the effect of Connubiune that the other sense, they had connubium by virtue of the;children follow the condition of their father, it consent of those in whose power they were, if
results that when Connubium exists, the children there was no other impediment. (Dig. 23. tit. 1.:are not only Roman citizens, but are also in the s. 11-13.),power of their father." Generally, it may be The Lex Julia et Papia Poppaea placed certain
etated that there was only connubium between restrictions on marriage as to the parties between
Roman citizens: the cases in which it at any time whom it could take place. [JULIA:T PAPIA
existed between parties, not both Romanl citizens, POPPAEA; INFAMIA.]
awere exceptions to the general rule. Originally, A man could only have one lawful wife at a
or at least at one period of the Republic, there time; and consequently if he were married, and
was no Connubium between the Patricians and divorced his wife, a second marriage would be no
the Plebeians; but this was altered by the Lex marriage, unless the divorce were effectual.
Canuleia which allowed Colmnubium between per- The marriage Cum conventione in manum difsons of those two classes. fered from that Sine conventione, in the relation.
There was no conlnubium between many persons ship which it effected between the husband and
with respect to one ianother, who had severally the wife; the marriage Cum conventione was a
connubium with respect to other persons. Thus necessary condition to mnake a woman a materthere were various degrees of consanguinity within familias. By the marriage Cum conventione, the
ivhich there was no connubium. There was no wife passed into the fanrilia of her husband, and
connubium between parent and child, whether the was to him in the relation of a daughter, or as it
relation was natural or by adoption; and a man was expressed, "C in manum convenit." (Cic. Top.
could not marry an adopted daughter or grand- 3; filiae loco est, Gaius, ii. 159.) In the marriage
daughter, even after lie had emancipated her. Sine conventione, the wife's relation to her ownl
There was no connubimin between brothers and familia remained as before1 and she was merely
sisters, whether of the whole or of the half blood: Uxor. " Uxor," says Cicero (Top. 3), " is a genus
hut a man might marry a sister by adoption after of which there are two species; one is nmaterher emancipation, or after his own emancipation. fiamilias,' quae in imanum convenit;' the other is
It became legal to marry a brother's daughter uxor only." Accordingly a materfamilias is a wife
after Claudius had set the example by marrying who is in manu, and in the familia of her husAgrippina; but the rule was not carried further band, and consequently one of his sui heredes; or
than the example, and in the time of Gaius it re- in the manus of him in whose power her husband
mnained unlawful for a man to marry his sister's is. A wife not in manu was not a member of her
daughter. (Gaius, i. 62; Tacit. Ann. xii. 5; husband's familia, and therefore the term could not
Sueton. Claued. 26.) apply to her. Gellius (xviii, 6) also states that this