[Footnote 129: A divorce at Rome was effected by the husband or wife giving a written notice. In the time of Cicero, at least, either party might effect the divorce. If the divorce was owing to the adultery of the wife, the husband was entitled to retain a part of the marriage-portion; a sixth, according to Ulpian (_Frag._ vi.). The marriage-portion or Dos (which Plutarch translates by the Greek word [Greek: phernê] φέρνη) was that property which on the occasion of a woman's marriage was transferred to the husband by the woman or by another, for the purpose of enabling the husband to bear the additional burden of a wife and family. All the woman's property which did not become dos, remained her own, except in one of the forms of marriage (conventio in manum), when, pursuant to the nature of the union by which the wife came into her husband's power and assumed towards him the relation of a daughter, all her property became her husband's; as is distinctly asserted by Cicero (_Topica_, 4; compare Ulpian, _Frag_. xix. 18). As the dos was given to the husband for a particular purpose, it was consistent that it should be returned when the marriage was dissolved. The means of recovering the dos was by action. The liability to restore the dos would be one check on the husband lightly separating from his wife. When Cicero's brother Quintus divorced his wife Pomponia, he had a good deal of trouble in finding means to return her portion. (Cicero, _Ad Attic._ xiv. 13). The law of dos comprised a great number of rules, and is a difficult subject. Rein (Das _Römische Privatrecht_, p. 204) has given a sketch of the Roman Law of Divorce that is useful to scholars; and he has in another place (p. 193, &c.) treated of the Law of Dos. It is difficult to avoid, error in stating anything briefly on the subject of Divorce and Dos.] [Footnote 130: Plutarch does not say what the copper coins were; nor is it important. The penalty was merely nominal, but it was accompanied by what the Romans called Infamia. Fannia showed on this occasion that she was a better woman than Marius took her to be. Tinnius is perhaps not a Roman name. There are many errors in proper names in Plutarch's text. Perhaps the true reading is Titinius. (See the note of Sintenis).] [Footnote 131: All or nearly all of the Italian cities had a municipal constitution. The chief magistrates were generally two, and called Duumviri. The Council was called the Decuriones or Senate.] [Footnote 132: This is the island of Gerba in the regency of Tunis, close to the shore and to the town of Gabs or Cabes. It is now a large and populous island inhabited by an industrious manufacturing population. It is about 200 miles south of Tunis, which is near the site of Carthage. Cercina is a group of smaller islands above 50 miles north of Meninx, now called the Karkenna islands. These distances show that Marius must have been rambling about for some time this coast. (_Penny Cyclopædia_, art. "Tunis.")]