The Private Life of the RomansJohnston, Harold Whetstone
History
The Private Life of the Romans
Johnston, Harold Whetstone
Rome -- Social life and customs
§65. Much of this was class exaggeration, but it is true that at this
early date the _gēns_ was not so highly valued by the plebeians as by
the patricians, and that the plebeians assigned to cognates certain
duties and privileges that devolved upon the patrician _gentīlēs_.
With, the _iūs cōnūbiī_ many of these points of difference
disappeared. New conditions were fixed for _iūstae nūptiae_;
_coēmptiō_ by a sort of compromise became the usual form of marriage
when one of the parties was a plebeian; and the stigma disappeared
from the word _mātrimōnium_. On the other hand patrician women learned
to understand the advantages of a marriage _sine conventiōne_ and
marriage with _manus_ gradually became less frequent, the taking of
the auspices before the ceremony came to be considered a mere form,
and marriage began to lose its sacramental character, and with these
changes came later the laxness in the marital relation and the freedom
of divorce that seemed in the time of Augustus to threaten the very
life of the commonwealth.
§66. It is probable that by the time of Cicero marriage with _manus_
was uncommon, and consequently that _cōnfarreātiō_ and _coēmptiō_ had
gone out of general use. To a limited extent, however, the former was
retained until Christian times, because certain priestly offices
(_flāminēs maiōrēs_ and _rēgēs sacrōrum_) could be filled only by
persons whose parents had been married by the confarreate ceremony,
the one sacramental form, and who had themselves been married by the
same form. But so great became the reluctance of women to submit to
_manus_, that in order to fill even these few priestly offices it was
found necessary under Tiberius to eliminate _manus_ from the
confarreate ceremony.
§67. Nuptiae Iustae.--There were certain conditions that had to be
satisfied before a legal marriage could be contracted even by
citizens. It was required:
1. That the consent of both parties should be given, or of the _pater
familiās_ if one or both were _in potestāte_. Under Augustus it was
provided that the _pater familiās_ should not withhold his consent
unless he could show valid reasons for doing so.
2. That both parties should be _pūberēs_; there could be no marriage
between children. Although no precise age was fixed by law, it is
probable that fourteen and twelve were the lowest limit for the man
and woman respectively.
3. That both man and woman should be unmarried. Polygamy was never
practiced at Rome.
Public-domain text, read in full here on John Shaqi.
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