The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
There were at Rome three kinds of marriages, which I have already
named--1st, The _usus_, resulting from a simple continuous
cohabitation, without contract or ceremony, a sort of Tahitian
marriage; 2nd, the _coemptio_ or purchase, of which I have spoken at
length--that is to say, the legal regulation of the primitive marriage
by purchase, in use all over the world at the origin of civilisations.
Coemption, without any palliatives, delivered the wife’s body and goods
to her husband; 3rd, the _confarreatio_, or aristocratic marriage,
in which the high Pontiff of Jupiter gave, in the presence of ten
witnesses, a cake made of flour, water, and salt to the bride and
bridegroom, who ate it between them. The _manus_ was conferred on the
husband in the marriage by confarreation, the same as in the marriage
by _usus_ and _coemptio_. We must note that at Rome, as in Greece, the
religious ceremony was in no way essential to the marriage, which was a
laic and civil institution in the first place.[613]
These three forms of marriage very probably represent the evolution of
the conjugal union in ancient Rome. The _usus_, or free cohabitation,
must have been the commencement; then came the purchase of the wife,
the _coemptio_, and at length the solemn marriage or _confarreatio_
of the patricians. But marriage with the husband’s right of _manus_
subsisted for a long time, and it conferred on him all the customary
licence of savages of every country, notably that of lending the wife,
and this exorbitant right endured till the best days of Rome, since the
virtuous Cato of Utica used it still in lending his wife Martia to his
friend Hortensius.
This fact is curious, and deserves attention. Hortensius began by
asking for the loan of Cato’s daughter, Portia, already married to
Bibulus, and the mother of two children. It was, says Plutarch, with
the object of selection, that he might have a child of good race; he
promised to return her afterwards to her husband. On the refusal of
Cato, Hortensius fell back on Martia, Cato’s own wife, who was at the
time _enceinte_. Cato was not at all shocked at the proposition,
but referred it, however, to Philip, his father-in-law, who also
saw no harm in it. A contract was therefore concluded between Cato,
Hortensius, and Philip; and Martia, whom no one thought of consulting,
was yielded to Hortensius, and afterwards taken back, at the death of
the latter, by Cato. She was then the heir of Hortensius, and Cato had
not the least scruple in receiving her back with her money at the same
time.[614]
Public-domain text, read in full here on John Shaqi.
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