CHAPTER III

MARRIAGE AND THE POSITION OF WOMEN

REFERENCES: Marquardt, 28-80; Voigt, 318, 449; Göll, II, 5 f.;

Friedländer, I, 451 f.; Ramsay, 293 f., 477; Preston, 8 f.; Smith,

_mātrimōnium_; Baumeister, 696 f.; Harper, _cōnūbium_, _mātrimōnium_;

Lübker, 364; Pauly-Wissowa, _coēmptiō_, _cōnfarreātiō_, _cōnūbium_.

§61. Early Forms of Marriage.--Polygamy was never practiced at Rome,

and we are told that for five centuries after the founding of the city

divorce was entirely unknown. Up to the time of the Servian

constitution (date uncertain) the patricians were the only citizens

and intermarried only with patricians and with members of surrounding

communities having like social standing. The only form of marriage

known to them was the stately religious ceremonial called, as will be

explained hereafter, _cōnfarreātiō_. With the direct consent of the

gods, with the _pontificēs_ celebrating the solemn rites, in the

presence of the accredited representatives of his _gēns_, the

patrician took his wife from her father's family into his own (§28),

to be a _māter familiās_, to rear him children who should conserve the

family mysteries, perpetuate his ancient race, and extend the power of

Rome. By this, the one legal marriage of the time, the wife passed _in

manum virī_, and the husband acquired over her practically the same

rights as he had over his own children (§§35, 36) and other dependent

members of his family. Such a marriage was said to be _cum conventiōne

uxōris in manum virī_ (§35).

§62. During this period, too, the free non-citizens (§§177, 178), the

plebeians, had been busy in marrying and giving in marriage. There is

little doubt that their unions had been as sacred in their eyes, their

family ties as strictly regarded and as pure, as those of the

patricians, but these unions were unhallowed by the national gods and

unrecognized by the civil law, simply because the plebeians were not

yet citizens. Their form of marriage was called _ūsus_, and consisted

essentially in the living together of the man and woman as husband and

wife for a year, though there were, of course, conventional forms and

observances, about which we know absolutely nothing. The plebeian

husband might acquire the same rights over the person and property of

his wife as the patrician, but the form of marriage did not in itself

involve _manus_. The wife might remain a member of her father's family

and retain such property as he allowed her (§33) by merely absenting

herself from her husband for the space of a _trinoctium_ each year. If

she did this the marriage was _sine conventiōne in manum_, and the

husband had no control over her property; if she did not, the marriage

like that of the patricians was _cum conventiōne in manum_.

[Illustration: FIGURE 10. HADRIAN]

§63. At least as far back as the time of Servius goes another Roman

form of marriage, also plebeian, though not so ancient as _ūsus_. It

was called _coēmptiō_ and was a fictitious sale, by which the _pater

familiās_ of the woman, or her guardian (_tūtor_) if she was _suī

iūris_, transferred her to the man _mātrimōniī causā_. This form must

have been a survival of the old custom of purchase and sale of wives,

but we do not know when it was introduced among the Romans. It carried

_manus_ with it as a matter of course and seems to have been regarded

socially as better form than _ūsus_. The two existed for centuries

side by side, but _coēmptiō_ survived _ūsus_ as a form of marriage

_cum conventiōne in manum_.

§64. Ius Conubii.--While the Servian constitution made the plebeians

citizens and thereby legalized their forms of marriage, it did not

give them the right of intermarriage with the patricians. Many of the

plebeian families were hardly less ancient than the patricians, many

were rich and powerful, but it was not until 445 B.C. that marriages

between the two orders were formally sanctioned by the civil law. The

objection on the part of the patricians was largely a religious one:

The gods of the state were patrician gods, the auspices could be taken

by patricians only, the marriages of patricians only were sanctioned

by heaven. Their orators protested that the unions of the plebeians

were no better than promiscuous intercourse, they were not _iūstae

nūptiae_ (§67); the plebeian wife was taken _in mātrimōnium_, she was

at best an _uxor_, not a _māter familiās_; her offspring were

"mother's children," not _patriciī_.

§65. Much of this was class exaggeration, but it is true that at this

early date the _gēns_ was not so highly valued by the plebeians as by

the patricians, and that the plebeians assigned to cognates certain

duties and privileges that devolved upon the patrician _gentīlēs_.

With, the _iūs cōnūbiī_ many of these points of difference

disappeared. New conditions were fixed for _iūstae nūptiae_;

_coēmptiō_ by a sort of compromise became the usual form of marriage

when one of the parties was a plebeian; and the stigma disappeared

from the word _mātrimōnium_. On the other hand patrician women learned

to understand the advantages of a marriage _sine conventiōne_ and

marriage with _manus_ gradually became less frequent, the taking of

the auspices before the ceremony came to be considered a mere form,

and marriage began to lose its sacramental character, and with these

changes came later the laxness in the marital relation and the freedom

of divorce that seemed in the time of Augustus to threaten the very

life of the commonwealth.

§66. It is probable that by the time of Cicero marriage with _manus_

was uncommon, and consequently that _cōnfarreātiō_ and _coēmptiō_ had

gone out of general use. To a limited extent, however, the former was

retained until Christian times, because certain priestly offices

(_flāminēs maiōrēs_ and _rēgēs sacrōrum_) could be filled only by

persons whose parents had been married by the confarreate ceremony,

the one sacramental form, and who had themselves been married by the

same form. But so great became the reluctance of women to submit to

_manus_, that in order to fill even these few priestly offices it was

found necessary under Tiberius to eliminate _manus_ from the

confarreate ceremony.

§67. Nuptiae Iustae.--There were certain conditions that had to be

satisfied before a legal marriage could be contracted even by

citizens. It was required:

1. That the consent of both parties should be given, or of the _pater

familiās_ if one or both were _in potestāte_. Under Augustus it was

provided that the _pater familiās_ should not withhold his consent

unless he could show valid reasons for doing so.

2. That both parties should be _pūberēs_; there could be no marriage

between children. Although no precise age was fixed by law, it is

probable that fourteen and twelve were the lowest limit for the man

and woman respectively.

3. That both man and woman should be unmarried. Polygamy was never

practiced at Rome.

§68. 4. That the parties should not be nearly related. The

restrictions in this direction were fixed rather by public opinion

than by law and varied greatly at different times, becoming gradually

less severe. In general it may be said that marriage was absolutely

forbidden between ascendants and descendants, between other cognates

within the fourth degree (§25), and the nearer _adfīnēs_ (§26). If the

parties could satisfy these conditions they might be legally married,

but distinctions were still made that affected the civil status of the

children, although no doubt was cast upon their legitimacy or upon the

moral character of their parents.

§69. If the husband and wife were both Roman citizens, their marriage

was called _iūstae nūptiae_, which we may translate "regular

marriage," their children were _iūstī līberī_ and were by birth _cīvēs

optimō iūre_, "possessed of all civil rights."

If but one of the parties was a Roman citizen and the other a member

of a community having the _iūs cōnūbiī_ but not the full _cīvitās_,

the marriage was still called _iūstae nūptiae_, but the children took

the civil standing of the father. This means that if the father was a

citizen and the mother a foreigner, the children were citizens; but if

the father was a foreigner and the mother a citizen, the children were

foreigners (_peregrīnī_) with the father.

But if either of the parties was without the _iūs cōnūbiī_, the

marriage, though still legal, was called _nūptiae iniūstae_ or

_mātrimōnium iniūstum_, "an irregular marriage," and the children,

though legitimate, took the civil position of the parent of lower

degree. We seem to have something analogous to this in the loss of

social standing which usually follows the marriage of a person with

one of distinctly inferior position.

§70. Betrothals.--Betrothal (_spōnsālia_) as a preliminary to marriage

was considered good form but was not legally necessary and carried

with it no obligations that could be enforced by law. In the

_spōnsālia_ the maiden was promised to the man as his bride with

"words of style," that is, in solemn form. The promise was made, not

by the maiden herself, but by her _pater familiās_, or by her _tūtor_

if she was not _in potestāte_. In the same way, the promise was made

to the man directly only in case he was _suī iūris_, otherwise to the

Head of his House, who had asked for him the maiden in marriage. The

"words of style" were probably something like this:

"_Spondēsne Gāiam, tuam fīliam_ (or if she was a ward: _Gāiam, Lūciī

fīliam_), _mihi_ (or _fīliō meō_) _uxōrem darī?_"

"_Dī bene vortant! Spondeō._"

"_Dī bene vortant!_"

§71. At any rate the word _spondeō_ was technically used of the

promise, and the maiden was henceforth _spōnsa_. The person who made

the promise had always the right to cancel it. This was usually done

through an intermediary (_nūntius_), and hence the formal expression

for breaking an engagement was _repudium renūntiāre_, or simply

_renūntiāre_. While the contract was entirely one-sided, it should be

noticed that a man was liable to _īnfāmia_ if he formed two

engagements at the same time, and that he could not recover any

presents made with a view to a future marriage if he himself broke the

engagement. Such presents were almost always made, and while we find

that articles for personal use, the toilet, etc., were common, a ring

was usually given. The ring was worn on the third finger of the left

hand, because it was believed that a nerve ran directly from this

finger to the heart. It was also usual for the _spōnsa_ to make a

present to her betrothed.

§72. The Dowry.--It was a point of honor with the Romans, as it is now

with some European nations, for the bride to bring to her husband a

dowry (_dōs_). In the case of a girl _in potestāte_ this would

naturally be furnished by the Head of her House; in the case of one

_suī iūris_ it was furnished from her own property, or if she had none

was contributed by her relatives. It seems that if they were reluctant

she might by process of law compel her ascendants at least to furnish

it. In early times, when marriage _cum conventiōne_ prevailed, all the

property brought by the bride became the property of her husband, or

of his _pater familiās_ (§35), but in later times, when _manus_ was

less common, and especially after divorce had become of frequent

occurrence, a distinction was made. A part of the bride's possessions

was reserved for her own exclusive use, and a part was made over to

the groom under the technical name of _dōs_. The relative proportions

varied, of course, with circumstances.

§73. Essential Forms.--There were really no legal forms necessary for

the solemnization of a marriage; there was no license to be procured

from the civil authorities, the ceremonies simple or elaborate did not

have to be performed by persons authorized by the state. The one thing

necessary was the consent of both parties, if they were _suī iūris_,

or of their _patrēs familiās_, if they were _in potestāte_. It has

been already remarked (§67, 1) that the _pater familiās_ could refuse

his consent for valid reasons only; on the other hand, he could

command the consent of persons subject to him. It is probable that

parental and filial affection (_pietās_) made this hardship less

rigorous than it now seems to us (§§32, 33).

[Illustration: FIGURE 11. ANTONINUS PIUS]

§74. But while this consent was the only condition for a legal

marriage, it had to be shown by some act of personal union between the

parties; that is, the marriage could not be entered into by letter or

by the intervention of a third party. Such an overt act was the

joining of hands (_dextrārum iūnctiō_) in the presence of witnesses,

or the escorting of the bride to her husband's house, never omitted

when the parties had any social standing, or in later times the

signing of the marriage contract. It was never necessary to a valid

marriage that the parties should live together as man and wife,

though, as we have seen (§62), this living together of itself

constituted a legal marriage.

§75. The Wedding Day.--It will be noticed that superstition played an

important part in the arrangements for a wedding two thousand years

ago, as it does now. Especial pains had to be taken to secure a lucky

day. The Kalends, Nones, and Ides of each month, and the day following

each of them, were unlucky. So was all of May and the first half of

June, on account of certain religious ceremonies observed in these

months, the Argean offerings and the _Lemūria_ in May and the _diēs

religiōsī_ connected with Vesta in June. Besides these the _diēs

parentālēs_, February 13-21, and the days when the entrance to the

lower world was supposed to be open, August 24, October 5, and

November 8, were carefully avoided. One-third of the year, therefore,

was absolutely barred. The great holidays, too, and these were legion,

were avoided, not because they were unlucky, but because on these days

friends and relatives were sure to have other engagements. Women

marrying for the second time chose these very holidays to make their

weddings less conspicuous.

§76. The Wedding Garments.--On the eve of her wedding day the bride

dedicated to the _Larēs_ of her father's house her _bulla_ (§99) and

the _toga praetexta_, which married women did not wear, and also if

she was not much over twelve years of age her childish playthings. For

the sake of the omen she put on before going to sleep the _tunica

rēcta_, or _rēgilla_, woven in one piece and falling to the feet. A

very doubtful picture is shown in Rich under the word _rëcta_. It

seems to have derived its name from having been woven in the

old-fashioned way at an upright loom. This same tunic was worn at the

wedding.

[Illustration: FIGURE 12. DRESSING THE BRIDE]

§77. On the morning of the wedding day the bride was dressed for the

ceremony by her mother, and Roman poets show unusual tenderness as

they describe her solicitude. There is a wall painting of such a

scene, found at Pompeii and reproduced in Fig. 12. The chief article

of dress was the _tunica rēgilla_ already mentioned, which was

fastened around the waist with a band of wool tied in the knot of

Hercules (_nodus Herculāneus_), probably because Hercules was the

guardian of wedded life. This knot the husband only was privileged to

untie. Over the tunic was worn the bridal veil, the flame-colored veil

(_flammeum_), shown in Fig. 13. So important was the veil of the bride

that _nūbere_, "to veil one's self," is the regular word for "marry"

when used of a woman.

[Illustration: FIGURE 13. THE FLAMMEUM]

§78. Especial attention was given to the arrangement of the hair, but

unfortunately we have no picture preserved to us to make its

arrangement clear. We only know that it was divided into six locks by

the point of a spear, probably a reminiscence of the ancient marriage

by capture, and that these locks perhaps braided were kept in position

by ribbons (_vittae_). The bride had also a wreath of flowers and

sacred plants gathered by herself. The groom wore of course the toga

and had a similar wreath of flowers on his head. He was accompanied to

the home of the bride at the proper time by relatives, friends, and

clients, who were bound to do him every honor on his wedding day.

§79. The Ceremony.--The house of the bride's father, where the

ceremony was performed, was decked with flowers, boughs of trees,

bands of wool, and tapestries. The guests arrived before the hour of

sunrise, and even then the omens had been already taken. In the

ancient confarreate ceremony these were taken by the public augur, but

in later times, no matter what the ceremony, the haruspices merely

consulted the entrails of a sheep which had been killed in sacrifice.

When the marriage ceremonies are described it must be remembered that

only the consent was necessary (§73) with the act expressing the

consent, and that all other forms and ceremonies were unessential and

variable. Something depended upon the particular form used, but more

upon the wealth and social position of the families interested. It is

probable that most weddings were a good deal simpler than those

described by our chief authorities.

§80. After the omens had been pronounced favorable the bride and groom

appeared in the atrium, the chief room, and the wedding began. This

consisted of two parts:

1. The ceremony proper, varying according to the form used

(_cōnfarreātiō_, _coēmptiō_, or _ūsus_), the essential part being the

consent before witnesses.

2. The festivities, including the feast at the bride's home, the

taking of the bride with a show of force from her mother's arms, the

escort to her new home (the essential part), and her reception there.

[Illustration: FIGURE 14. A MARRIAGE SCENE]

§81. The confarreate ceremony began with the _dextrārum iūnctiō_. The

bride and groom were brought together by the _prōnuba_, a matron

married to her first husband, and joined hands in the presence of ten

witnesses representing the ten _gentēs_ of the _cūria_. These are

shown on an ancient sarcophagus found at Naples (Fig. 14). Then

followed the words of consent spoken by the bride: _Quandō tū Gāius,

ego Gāia_. The formula was unchanged, no matter what the names of the

bride and groom, and goes back to a time when _Gāius_ was a _nōmen_,

not a _praenōmen_ (§55). It implied that the bride was actually

entering the _gēns_ of the groom (§§23, 28, 35), and was probably

chosen for its lucky meaning (§44). Even in marriages _sine

conventiōne_ the old formula came to be used, its import having been

lost in lapse of time. The bride and groom then took their places side

by side at the left of the altar and facing it, sitting on stools

covered with the pelt of the sheep slain for the sacrifice.

[Illustration: FIGURE 15. A CAMILLUS]

§82. A bloodless offering was then made to Jupiter by the _Pontifex

Maximus_ and the _Flāmen Diālis_, consisting of the cake of spelt

(_farreum lībum_) from which the _cōnfarreātiō_ got its name. With the

offering to Jupiter a prayer was recited by the Flamen to Juno as the

goddess of marriage, and to Tellus, Picumnus, and Pilumnus, deities of

the country and its fruits. The utensils necessary for the offering

were carried in a covered basket (_cumerus_) by a boy called

_camillus_ (Fig. 15), whose parents must have both been living at the

time (_patrīmus et mātrīmus_). Then followed the congratulations, the

guests using the word _fēlīciter_.

§83. The _coēmptiō_ began with the fictitious sale, carried out in the

presence of no less than five witnesses. The purchase money

represented by a single coin was laid in the scales held by a

_lībripēns_. The scales, scaleholder, coin, and witnesses were all

necessary for this kind of marriage. Then followed the _dextrārum

iūnctiō_ and the words of consent, borrowed, as has been said, from

the confarreate ceremony. Originally the groom had asked the bride:

_An sibi māter familiās esse vellet._ She assented, and put to him a

similar question: _An sibi pater familiās esse vellet._ To this he too

gave the answer "Yes." A prayer was then recited and sometimes perhaps

a sacrifice offered, after which came the congratulations as in the

other and more elaborate ceremony.

§84. The third form, that is, the ceremonies preliminary to _ūsus_,

probably admitted of more variation than either of the others, but no

description has come down to us. We may be sure that the hands were

clasped, the words of consent spoken, and congratulations offered, but

we know of no special customs or usages. It was almost necessary for

the three forms to get more or less alike in the course of time,

though the cake of spelt could not be borrowed from the confarreate

ceremony by either of the others, or the scales and their holder from

the ceremony of _coēmptiō_.

§85. The Wedding Feast.--After the conclusion of the ceremony came the

wedding feast (_cēna nūptiālis_) lasting until evening. There can be

no doubt that this was regularly given at the house of the bride's

father and that the few cases when we know that it was given at the

groom's house were exceptional and due to special circumstances which

might cause a similar change to-day. The feast seems to have concluded

with the distribution among the guests of pieces of the wedding cake

(_mustāceum_), which was made of meal steeped in must (§296) and

served on bay leaves. There came to be so much extravagance at these

feasts and at the _repōtia_ mentioned below (§89) that under Augustus

it was proposed to limit their cost by law to one thousand sesterces

($50), a piece of sumptuary legislation as vain as such restrictions

have usually proved to be.

§86. The Bridal Procession.--After the wedding feast the bride was

formally taken to her husband's house. This ceremony was called

_dēductiō_, and as it was essential to the validity of the marriage

(§74) it was never omitted. It was a public function, that is, any one

might join the procession and take part in the merriment that

distinguished it, and we are told that persons of rank did not scruple

to wait in the street to see the bride. As evening approached the

procession was formed before the house with torch bearers and flute

players at its head. When all was ready the marriage hymn

(_hymenaeus_) was sung and the groom took the bride with a show of

force from the arms of her mother. The Romans saw in this custom a

reminiscence of the rape of the Sabines, but it probably goes far back

beyond the founding of Rome to the custom of marriage by capture that

prevailed among many peoples. The bride then took her place in the

procession attended by three boys, _patrīmī et mātrīmī_ (§82); two of

these walked by her side, holding each a hand, while the other carried

before her the wedding torch of white thorn (_spīna alba_). Behind the

bride were carried the distaff and spindle, emblems of domestic life.

The _camillus_ with his _cumerus_ also walked in the procession.

§87. During the march were sung the _versūs Fescennīnī_, abounding in

coarse jests and personalities. The crowd also shouted the ancient

marriage cry, the significance of which the Romans themselves did not

understand. We find it in at least five forms, all variations of the

name Talassius or Talassio, who was probably a Sabine divinity, though

his functions are unknown. Livy derives it from the supposed name of a

senator in the time of Romulus. The bride dropped on the way one of

three coins which she carried as an offering to the _Larēs

compitālēs_; of the other two she gave one to the groom as an emblem

of the dowry she brought him, and one to the _Larēs_ of his house. The

groom meanwhile scattered nuts through the crowd. This is explained by

Catullus as a token of his having become a man and having put away

childish things (§103), but the nuts were rather a symbol of

fruitfulness. The custom survives in the throwing of rice in modern

times.

§88. When the procession reached the house, the bride wound the door

posts with bands of wool, probably a symbol of her own work as

mistress of the household, and anointed the door with oil and fat,

emblems of plenty. She was then lifted carefully over the threshold,

in order to avoid the chance of so bad an omen as a slip of the foot

on entering the house for the first time. Others, however, see in the

custom another survival of marriage by capture. She then pronounced

again the words of consent: _Ubi tū Gāius, ego Gāia_, and the doors

were closed against the general crowd; only the invited guests entered

with the pair.

[Illustration: FIGURE 16. THE MARRIAGE COUCH]

§89. The husband met the wife in the atrium and offered her fire and

water in token of the life they were to live together and her part in

the home. Upon the hearth was ready the wood for a fire, and this the

bride kindled with the marriage torch which had been carried before

her. The torch was afterwards thrown among the guests to be scrambled

for as a lucky possession. A prayer was then recited by the bride and

she was placed by the _prōnuba_ on the _lectus geniālis_ (Fig. 16),

which always stood on the wedding night in the atrium. Here it

afterwards remained as a piece of ornamental furniture only. On the

next day was given in the new home the second wedding feast

(_repōtia_) to the friends and relatives, and at this feast the bride

made her first offering to the gods as a _mātrōna_. A series of feasts

followed, given in honor of the newly wedded pair by those in whose

social circles they moved.

§90. The Position of Women.--With her marriage the Roman woman reached

a position unattained by the women of any other nation in the ancient

world. No other people held its women in so high respect; nowhere else

did they exert so strong and beneficent an influence. In her own house

the Roman matron was absolute mistress. She directed its economy and

supervised the tasks of the household slaves but did no menial work

herself. She was her children's nurse, and conducted their early

training and education. Her daughters were fitted under their mother's

eye to be mistresses of similar homes, and remained her closest

companions until she herself had dressed them for the bridal and their

husbands had torn them from her arms. She was her husband's helpmeet

in business as well as in household affairs, and he often consulted

her on affairs of state. She was not confined at home to a set of

so-called women's apartments, as were her sisters in Greece; the whole

house was hers. She received her husband's guests and sat at table

with them. Even when subject to the _manus_ of her husband the

restraint was so tempered by law and custom (§36) that she could

hardly have been chafed by the fetters which had been forged with her

own consent (§73).

§91. Out of the house the matron's dress (_stola mātrōnālis_, §259)

secured for her the most profound respect. Men made way for her in the

street; she had a place at the public games, at the theaters, and at

the great religious ceremonies of state. She could give testimony in

the courts, and until late in the Republic might even appear as an

advocate. Her birthday was sacredly observed and made a joyous

occasion by the members of her household, and the people as a whole

celebrated the _Mātrōnālia_, the great festival on the first of March,

and gave presents to their wives and mothers. Finally, if she came of

a noble family, she might be honored, after she had passed away, with

a public eulogy, delivered from the _rostra_ in the forum.

§92. It must be admitted that the education of women was not carried

far at Rome, and that their accomplishments were few, and rather

useful and homely than elegant. But the Roman women spoke the purest

and best Latin known in the highest and most cultivated circles, and

so far as accomplishments were concerned their husbands fared no

better. Respectable women in Greece were allowed no education at all.

§93. It must be admitted, too, that a great change took place in the

last years of the Republic. With the laxness of the family life, the

freedom of divorce, and the inflow of wealth and extravagance, the

purity and dignity of the Roman matron declined, as had before

declined the manhood and the strength of her father and her husband.

It must be remembered, however, that ancient writers did not dwell

upon certain subjects that are favorites with our own. The simple joys

of childhood and domestic life, home, the praises of sister, wife, and

mother may not have been too sacred for the poet and the essayist of

Rome, but the essayist and the poet did not make them their themes.

The mother of Horace must have been a singularly gifted woman, but she

is never mentioned by her son. The descriptions of domestic life,

therefore, that have come down to us are either from Greek sources, or

are selected from precisely those circles where fashion, profligacy,

and impurity made easy the work of the satirist. It is, therefore,

safe to say that the pictures painted for us in the verse of Catullus

and Juvenal, for example, are not true of Roman women as a class in

the times of which they write. The strong, pure woman of the early day

must have had many to imitate her virtues in the darkest times of the

Empire. There were mothers then, as well as in the times of the

Gracchi; there were wives as noble as the wife of Marcus Brutus.

The Private Life of the Romans · 第 3 / 12 章