DĪVĪSOR. [AMBITUS.]

DĪVORTĬUM (ἀπόλειψις, ἀπόπεμψις), divorce. (1) GREEK. The laws of

Athens permitted either the husband or the wife to call for and

effect a divorce. If it originated with the wife, she was said

to leave her husband’s house (ἀπολείπειν); if otherwise, to be

dismissed from it (ἀποπεμπέσθαι). After divorce, the wife resorted

to her male relations, with whom she would have remained if she

had never quitted her maiden state; and it then became their duty

to receive or recover from her late husband all the property that

she had brought to him in acknowledged dowry upon their marriage.

If, upon this, both parties were satisfied, the divorce was final

and complete: if otherwise, an action ἀπολείψεως, or ἀποπέμψεως,

would be instituted, as the case might be, by the party opposed to

the separation. A separation, however, whether it originated from

the husband or the wife, was considered to reflect discredit on the

latter.--(2) ROMAN. Divorce always existed in the Roman polity.

As one essential part of a marriage was the consent and conjugal

affection of the parties, it was considered that this affection was

necessary to its continuance, and accordingly either party might

declare his or her intention to dissolve the connection. No judicial

decree, and no interference of any public authority, was requisite to

dissolve a marriage. The first instance of divorce at Rome is said

to have occurred about B.C. 234, when Sp. Carvilius Ruga put away

his wife, on the ground of barrenness: it is added, that his conduct

was generally condemned. Towards the latter part of the republic,

and under the empire, divorces became very common. Pompey divorced

his wife Mucia for alleged adultery; and Cicero divorced his wife

Terentia, after living with her thirty years, and married a young

woman. Cato the younger divorced his wife Marcia, that his friend

Hortensius might marry her, and have children by her; for this is

the true meaning of the story that he lent his wife to Hortensius.

If a husband divorced his wife, the wife’s dowry, as a general

rule, was restored; and the same was the case when the divorce took

place by mutual consent. Corresponding to the forms of marriage by

_confarreatio_ and _coemtio_, there were the forms of divorce by

_diffarreatio_ and _remancipatio_. In course of time, less ceremony

was used; but still some distinct notice or declaration of intention

was necessary to constitute a divorce. The term _repudium_, it is

said, properly applies to a marriage only contracted, and _divortium_

to an actual marriage; but sometimes divortium and repudium appear

to be used indifferently. The phrases to express a divorce are,

_nuntium remittere_, _divortium facere_; and the form of words

might be as follows--_Tuas res tibi habeto, tuas res tibi agito_.

The phrases used to express the renunciation of a marriage contract

were, _renuntiare repudium_, _repudium remittere_, _dicere_, and

_repudiare_; and the form of words might be, _Conditione tua non

utor_.

DŎCĂNA (τὰ δόκανα, from δοκός, a beam) was an ancient symbolical

representation of the Dioscuri (Castor and Pollux), at Sparta.

It consisted of two upright beams with others laid across them

transversely.

DŎCĬMĂSĬA (δοκιμασία). When any citizen of Athens was either

appointed by lot, or chosen by suffrage, to hold a public office,

he was obliged, before entering on its duties, to submit to a

_docimasia_, or scrutiny into his previous life and conduct, in which

any person could object to him as unfit. The _docimasia_, however,

was not confined to persons appointed to public offices; for we read

of the denouncement of a scrutiny against orators who spoke in the

assembly while leading profligate lives, or after having committed

flagitious crimes.

A Smaller Dictionary of Greek and Roman Antiquities · 第 212 / 846 题