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.