The Private Life of the RomansJohnston, Harold Whetstone
History
The Private Life of the Romans
Johnston, Harold Whetstone
Rome -- Social life and customs
§68. 4. That the parties should not be nearly related. The
restrictions in this direction were fixed rather by public opinion
than by law and varied greatly at different times, becoming gradually
less severe. In general it may be said that marriage was absolutely
forbidden between ascendants and descendants, between other cognates
within the fourth degree (§25), and the nearer _adfīnēs_ (§26). If the
parties could satisfy these conditions they might be legally married,
but distinctions were still made that affected the civil status of the
children, although no doubt was cast upon their legitimacy or upon the
moral character of their parents.
§69. If the husband and wife were both Roman citizens, their marriage
was called _iūstae nūptiae_, which we may translate "regular
marriage," their children were _iūstī līberī_ and were by birth _cīvēs
optimō iūre_, "possessed of all civil rights."
If but one of the parties was a Roman citizen and the other a member
of a community having the _iūs cōnūbiī_ but not the full _cīvitās_,
the marriage was still called _iūstae nūptiae_, but the children took
the civil standing of the father. This means that if the father was a
citizen and the mother a foreigner, the children were citizens; but if
the father was a foreigner and the mother a citizen, the children were
foreigners (_peregrīnī_) with the father.
But if either of the parties was without the _iūs cōnūbiī_, the
marriage, though still legal, was called _nūptiae iniūstae_ or
_mātrimōnium iniūstum_, "an irregular marriage," and the children,
though legitimate, took the civil position of the parent of lower
degree. We seem to have something analogous to this in the loss of
social standing which usually follows the marriage of a person with
one of distinctly inferior position.
§70. Betrothals.--Betrothal (_spōnsālia_) as a preliminary to marriage
was considered good form but was not legally necessary and carried
with it no obligations that could be enforced by law. In the
_spōnsālia_ the maiden was promised to the man as his bride with
"words of style," that is, in solemn form. The promise was made, not
by the maiden herself, but by her _pater familiās_, or by her _tūtor_
if she was not _in potestāte_. In the same way, the promise was made
to the man directly only in case he was _suī iūris_, otherwise to the
Head of his House, who had asked for him the maiden in marriage. The
"words of style" were probably something like this:
"_Spondēsne Gāiam, tuam fīliam_ (or if she was a ward: _Gāiam, Lūciī
fīliam_), _mihi_ (or _fīliō meō_) _uxōrem darī?_"
"_Dī bene vortant! Spondeō._"
"_Dī bene vortant!_"
Public-domain text, read in full here on John Shaqi.
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