The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
We have seen that the _pater familias_ had the right to marry his
daughter without consulting her, but he enjoyed a right more excessive
still, that of re-marrying her when his son-in-law had been absent
for three years.[610] It was Antoninus only who thought of depriving
the father of his right to annul the marriage of his daughter. To the
_potestas_ of the father succeeded the _manus_ of the husband. The
woman _in manu_ was considered legally as the daughter of her husband,
and therefore as the sister of her children. If the husband was himself
the son of a family, the wife _in manu_ was held as grand-daughter
of the father of the family. This entailed for her the extinction of
paternal power (on her own side), and of guardianship and the rights
of relationship with the male members of her father’s family. In the
marriage with _manus_ the husband became the proprietor of all the
dowry of his wife. The father, however, could stipulate that the dowry
should be returned to him if his daughter died without children or was
repudiated. The _leges Julia_ and _Papia_ had, in fact, imposed on the
father the obligation of giving a dowry to his daughter; but the dowry
could be appointed by third parties or by the woman herself, if she
was _sui juris_, and then also she had the right to stipulate for some
reservations.
This terrible right of _manus_ was acquired by the husband with every
form of marriage, even the grossest of all, the _usus_, or simple
cohabitation during one year; but the wife could avoid the _conventio
in manum_ by passing three nights in the year out of the conjugal
domicile. The _manus_ invested the husband with a large right of
correction over his wife, though in very grave cases he was to assemble
the family tribunal, which included the children of cousins-german.
These family tribunals took cognisance even of murder committed by
the wife, and they were still in use under the emperors.[611] On the
other hand, the Roman husbands did not let their legal right of beating
their wives fall into desuetude, for Saint Monica consoled the wives
of her acquaintance whose faces showed marks of marital brutality,
by saying to them: “Take care to control your tongues.... It is the
duty of servants to obey their masters.... You have made a contract of
servitude.”[612]
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