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

MATRIMONIUAT. MATRI MONIUM. 741
was the old meaning of materfainilias. Matrona woman and a man not her husband, is considered
was properly a wife not in manu, and equivalent under TFSTARMNTmUMi and TUTELA. If, howto Cicero's " tantummodo uxor;" and she was ever, an uxor made a coemptio with her husband,
called matrona before she had any children. But not matrimonii CaUSa, but fiduciae causa, the con.
these words are not always used in these their sequence was that she was in manse, and thereby
original and proper meanings. (See Ulp. Fro;g. iv.) acquired the rights of a daughter. It is stated by
No forms were requisite in marriage; the best a modern writer, that the reason why a woman
evidence of marriage was cohabitation matrimonii did not come in manicipium by the coemptio, but
causa. The matrimonii causa might be proved only in manum, is this, that she was not mancipated,
by various kinds of evidence. A marriage Cum but mancipated herself, under the authority of lier
conventione might be effected by Usus, Farreum, father if she was in his power, and that of her
and Coemptio. tutors, if she was not in the power of her father
If a wonlan lived with a man for a whole year the absurdity of which is obvious, if we have regard
as his wife, she becamne in mans viri by virtue of to the tbrm of mancipatio as described by Gains (i.
this matrimonial cohabitation. The consent to live 119), who also speaks (i. 11 8, a) of mancipatio as
together as man and wife was the marriage: the being the form by which a parent released his
usus for a year had the manuis as its result; and daughter from the patria potestas (e suO juoe),
this was by analogy to Usucapion of movables which he did when he giave his daughter in manum
generally, in which uisus for one year gave owner. viri. The mancipatio must in all cases have been
ship. The Law of the Twelve Tables provided considered as legally effected by the father or the
that if a woman did not wish to come into the tutors.
malnus of her husband in this manner, she should In the course of time, marriasge. without the
absent herself from him annually for three nights manuis became the usual mllarriage. The manus
(trinoctiumz) and so break the tsus of the year. by usus fell into clesuetude. (Gaiuts, i. l ll.)
(Gell. iii. iii. 2; Gais, i. 111.) The Twelve Tables Sponsalia were not an unusual preliminary of
probably did not introduce the usus in the case of marriage, but they were not necessary. " Spona. woman cohabiting with a man matrimonii canlsa, satia," according to Florentinus (Dig. 23. tit. 1.
any more than they probably did in the case of s. 1) " stint mentio et repromissio nuptiartm fultuother things; but as in the case of other things rarum." Gellius has preserved (iv. 4) an extract
they fixed the time within which the isus should from the work of Services Su1lpicius Rufus De
have its full effect, so they established a positive Dotibus, which, from the authority of that areat
rule as to what time should be a sufficient inter- jurist, may be considered as unexceptionable.
ruption of usns in the case of matrimonial cohabit- (Compare Varro, (de Lisg. Lat. vi. 70.) Sponsalia,
ation, and such a positive rule was obviously according to Servits, was a contract by stipulanecessary in order to determine what should be a tiones and sponsiones, the former on the part of the
sufficient legal interruption of usus. future husband, the latter on the part of him who
Farreum was a form of marriage, in which cer- gave the woman in marriage. The womaen wIho
tain words were used in the presence of ten wit- was promised in marriage was accordingly called
nesses, and were accompanied by a certain religious Sponsa, which is equivalent to Promissa the man
ceremony in which panis farreus was employed; who engaged to marry was called Sponsus. Thee
antl hence this form of marriage was also called Sponsalia then were an agreemlent to marry, made
Confarrcatio. This form of marriage must have in such form as to give each party a right of action
fallen generally into disuse in the time of Gaius, in case of non-performance, and the offenlding party
wvho remarks (i. 112) that this legal form of mar- was condemned in such damages as to the Judex
riage (Iho jZcs) was in use even in his time for the seemed just. This was the law (jrts) of Sponsalia,
marriages of the Flamnines Majores and some others. adds Servits, to the time when the Lex Julia
This passage of Gaius is defective in the MS., but gave the Civitas to all Latiurm; vwhence we may
its general sense may be collected from comparing conclude that alterations were afterwards made
it with Tacitus. (Ann. iv. 16) land Servius (ad in it.
Aeeneid. iv. 104, 374). It appears that certain The Sponsalia were of course not binding, if
priestly offices, such as that of Flamen Dialis, could the parties consented to waive the contract;
only be held by those who were born of parents and either party could dissolve the contract as
who had been married by this ceremony (confar- either could dissolve a namrriage. If a person
reati parentes). Even in the time of Tiberins, the was in the relation of double sponsalia at thle
ceremony of confarreatio was only observed by a same time, he was liable to Infamia. [INFAfew. As to divorce between persons married by MIA.] Sometimes a present was made by the
confatrreatio, see DIvoRTIUM.r future husband to the future wife by way of earnThe confarreatio is supposed to have been thle est (arrsha, caCurha sponsasliti), or as it was called
mode of contracting marriage among the patricians, propter nuptias dontieo. (Cod. 5. tit. 3.) Sponsalia
and it was a religious ceremony which put the might be contracted by those who were not under
wife in manu viri. seven years of age. The regulation of Augustus,
Coemptio was effected by Mancipatio, and con- which was apparently comprised in the Lex Julia
sequently the wife was in mancipio. (Gaius, i. 118.) et Papia, which declared that no sponsalia shoul(
A woman who was cohlabiting with a man as uxor, be valid if the marriage did not follow within
might come into his mants by this ceremony, in two years, was not always observed. (Sueton.
which case the coemrnptio was said to be matrimonii Aug. c. 34; Dion Cass. liv. 16, and the note of
causae, and she who was formerly uxor became Reimarus.) [INFANS; IMPUBES.]
asptd marittum filiae loco. If the coemptio was ef- The consequences of marriage werefected at the time of the marriage, it was still a 1. The power of the father over the children of
separate act. The other coemptio which was the marriage, which was a completely new relation,
called fiduciace causa and which was between a an effect indeed of marriage, but one which had no
31 3.