The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
In its general features Roman marriage does not greatly differ from
Greek, but its evolution has been more complete, and the legislation on
the subject is better known to us. Marriages of children, especially
of little girls, were the rule at Rome, since the nuptial majority of
girls was fixed at twelve years. But they were often betrothed, and
even married, before that age. Vipsania Agrippina, daughter of Agrippa
and of Pomponia, was promised to Tiberius from her first year.[603] The
_Digest_ authorised betrothal at the age of seven.[604]
In betrothing his daughter the father contracted a civil obligation,
sanctioned at first by an action for damages, and later by infamy.
Every woman of twenty, if she was neither married nor a mother,
incurred the punishment decreed by Augustus against celibacy and
childlessness.[605] We are indeed told in Roman legislation that the
consent of the girl was necessary before passing finally to betrothal
and marriage. But it is evident that the consent of a child of twelve
years, or even less, was illusory; in reality, the young Roman girl was
married by her parents.[606] The young wife was still such a child,
that on the day of her wedding she took a ceremonious leave of her
playthings and dolls, offering them up to the gods. In reality, it was
not the wife who made the engagement, but the persons in whose power
she found herself.[607]
Nevertheless, Roman customs conceded to women a certain liberty of
manners which the Greeks would not have tolerated. The Roman woman
walked in the streets, went to the theatre with the men, shared in
banquets, etc.; yet she was, especially in primitive Rome, subjected
first to her father and then to her husband. And, besides, public
opinion obliged the woman to use in great moderation the practical
liberty that was left to her. The famous epitaph of the Roman
matron--_domum mansit; lanam fecit_--is well known. This epitaph may
perhaps exaggerate, but it does not lie. Thus Suetonius tells us that
the daughters and grand-daughters of Augustus were compelled to weave
and spin, and that the Emperor usually wore no other garments but those
made by the hands of his wife and sister.[608]
Legally, the Roman wife was the property of her husband, who treated
her, not as his equal, but as his child. At Rome, also, conjugal union
had been looked at chiefly from the point of view of procreation
(_Liberorum quærendorum causâ_). The wife who was the mother of three
children acquired a certain independence; she could make a will even
during the lifetime of her husband, and did not need to have recourse
to a trustee.[609] But the subjection of woman was very great. The
father, invested with the _potestas_, could sell his child to a third
party, _in mancipium_. The _mancipium_, which was almost a right of
propriety, passed afterwards to the heirs of the owner.
Public-domain text, read in full here on John Shaqi.
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