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

-742'MATRIMONIUMr. MATRIMONIUM.
influence over the relation of the husband-and wife. mann could be released from the meanus; for the
[PATRIA POTESTAS.] will alone would be sufficient to release her from
2. The liabilities of either of the parties to the the marriage. In the time of Gains (i. 137), a
punishments affixed to the violation of the mar- woman, after the repuditmr was sent, could dzriage union. [ADULTERIUM; DIVORTsIUA.] mand a remancipatio.
3. The relation of husband and wife with respect When there was no conventio, the womaln rlto property, to which head belong the matters of mained a member of her own familia: she was to
Dos, Donatio intervirum etuxorem, Donatio propter her husband in the same relation as any other
nuptias, &c. Many of these matters, however, are Roman citizen, differing only in this that her sex
not necessary consequences of marriage, but the enabled her to become the mother of children who
consequence of certain acts which are rendered pos- were the husband's children and citizens of the
sible by marriage. state, anld that she owed fidelity to him so long as
In the later Roman history we often read of the matrimonial cohabitation continued by mutual
marriage contracts which have reference to Dos, consent. But her legal status continued as it wan.
and generally to the relation of husband and wife before: if she was not in the power of her father,
viewed with reference to property. A title of the she had for all purposes a legal personal existence
Digest (23. tit. 4) treats De Pactis Dotalibus, independently of her husband, and consequently
which might be made either before or after mar- hler property was distinct from his. It nmust have
ridage. been with respect to suhell marriages as these, that
The Roman notion of marriage was this: -it is a great part at least of the rules of law relating to
the union of male and female, a consortship for the Dos were established; and to such marriages all
whole of life, the inseparable consuetude of life, the rules of law relating to marriage contracts munst
an intercommunion of law, sacred and not sacred. hlave referred, at least so long as thle marriage cu7e
(Dig. 23. tit. 2. s. 1.) But it is not meant that conventione existed and retained its strict character.
marriage was to this extent regulated by law, for W'lhen marriage was dissolved, the parties to it
marriage is a thinlg whicll is, to a great extent, might marry again; but opinlion considered it more
beyond the domain of law. The definition or de- decenlt for a woman not to marry again. A woman
scription means that there is no legal separation of xwas required by usage (ceos) to wait a year before
the interests of husband acld wife in such matters she contracted a second mnarriage, onl the pain of
in which the separation would be opposed to the Infanlia.
notion of marriage. Thus the wife had the sacra, At Rome, the matrilmonium juris civilis awas
the domicile,and the rank of the husband. Marriage originlally tile only marriage. But iunder the i-.
was established by consent, and continued by dis- fluence of the Jus Gentiulm, a collabitatios besent; for the dissent of either party, when formally twveen Peregriei, or beteen Lttili, between
expressed, could dissolve the relation. [Dlavro- Peregrini and Latini and Rl.olnani, whici, inl its
TIUM.] essentills, was a milarriage, a consortiumc omnis
Neither in the old Roman law nor in its later vitae withl the affectio nmaritalis, was recognlised as
modifications, was a community of property an such; and though such mnarriage could not shave
essential part of the notion of marriage; unlless we all the effect of a Roman marriage, it had its
assume that originally all marriages were accomn- genelral effect in this, that the children of such
panied with the conventio in manunr, for in that marriage had a father. Thus was established thle
case, as already observed, the wife became filiac- notion of a valid marriage generally, wvichl marfamilias loco, and passed into the familia of her riagem igllt be ceitler Juris Civilis or Juris GCentilu.
husband; or if her husband was in the poewer of Certain conditions were requisite for a valid nlarhis father, she became to her husband's father in ringe generally, and particullar conditions were netlle relation of a granddaughter. All her property cessary for a Ronman marriage. In the system of
passed to her husband by a universal successionc Justinian, the distinction ceased, and there re(Gaius, ii. 96, 98), and she could not thenceforward mained only the notion of a valid marriage geneacquire property for herself. Thus she was en- rally; which is the sense of Justae nuptiae in the
tirely removed from her former fasmily as to hler Justinian system. Thllis valid or legal marriage is
legal status and became as the sister to her hus- opposed to all cohabitation which is not marriage
band's children. In other words, when a woman asd the children of such cohabitation have no
came in manum, there was a blending of the mae- father. (Puchta, 12st. iii. ~ 287.) [INA.r^IA.]
trimonial and the filial relation. It was a good The above is only an outline of the Law of
marriage without the relation expressed by in Marriage, but it is sufficient to enable a student to
manu, which was a relation of' parent and child carry his investigations fiarther. [G. L.]
superadded to that of husband and wife. The It remains to describe tIle customs and rites
manums was terminated by death, loss of Civitas, which were observed by the Romans at marriages
by Diffareatio,and we may assume by Mancipatio. (rities nuptiales or i2zlptiearum soleinliaCi juesta, -ri'
It is a legitimate consequence that the wife vo~ltSi/siega -V rcv 7yoi,). After the parties had
could not divorce her husband, though her hus- agreed to marry and the persons in whose potestas
band might divorce her, and if we assume that the they were had consented, a meeting of friends was
marriage accompanied by the ccum conventione was sometimes held at the house of the maiden for the
originally the only form of marriage (of which, purpose of settling the marriage-contract, which
however, we believe, there is no proof) the state- wreas called sponsalia, and written on tablets (tabztment of Plutarch [DIVORTIUM] that the husband lae legitiieae), and signed by both parties. (Juven.
alone had originally the power of effecting a di- Sat. ii. 119, &c., vi. 25, 200; Gellius, iv. 4.) The
vorce, will consist with this strict legal deduction. woman after she had promised to become the wife
It is possible, however, that, even if the marriage of a man was called sponsa, pacta, dicta, or sperata.
cume conventione was once the only marriage, there (Gell. 1. c.; Plant. Ti-insume. ii. 4. 99; Nonius, iv.
might have been legal means by which a wife in p. 213.) From Juvenal (Sat. vi. 27) it appears