The Private Life of the RomansJohnston, Harold Whetstone
History
The Private Life of the Romans
Johnston, Harold Whetstone
Rome -- Social life and customs
§71. At any rate the word _spondeō_ was technically used of the
promise, and the maiden was henceforth _spōnsa_. The person who made
the promise had always the right to cancel it. This was usually done
through an intermediary (_nūntius_), and hence the formal expression
for breaking an engagement was _repudium renūntiāre_, or simply
_renūntiāre_. While the contract was entirely one-sided, it should be
noticed that a man was liable to _īnfāmia_ if he formed two
engagements at the same time, and that he could not recover any
presents made with a view to a future marriage if he himself broke the
engagement. Such presents were almost always made, and while we find
that articles for personal use, the toilet, etc., were common, a ring
was usually given. The ring was worn on the third finger of the left
hand, because it was believed that a nerve ran directly from this
finger to the heart. It was also usual for the _spōnsa_ to make a
present to her betrothed.
§72. The Dowry.--It was a point of honor with the Romans, as it is now
with some European nations, for the bride to bring to her husband a
dowry (_dōs_). In the case of a girl _in potestāte_ this would
naturally be furnished by the Head of her House; in the case of one
_suī iūris_ it was furnished from her own property, or if she had none
was contributed by her relatives. It seems that if they were reluctant
she might by process of law compel her ascendants at least to furnish
it. In early times, when marriage _cum conventiōne_ prevailed, all the
property brought by the bride became the property of her husband, or
of his _pater familiās_ (§35), but in later times, when _manus_ was
less common, and especially after divorce had become of frequent
occurrence, a distinction was made. A part of the bride's possessions
was reserved for her own exclusive use, and a part was made over to
the groom under the technical name of _dōs_. The relative proportions
varied, of course, with circumstances.
§73. Essential Forms.--There were really no legal forms necessary for
the solemnization of a marriage; there was no license to be procured
from the civil authorities, the ceremonies simple or elaborate did not
have to be performed by persons authorized by the state. The one thing
necessary was the consent of both parties, if they were _suī iūris_,
or of their _patrēs familiās_, if they were _in potestāte_. It has
been already remarked (§67, 1) that the _pater familiās_ could refuse
his consent for valid reasons only; on the other hand, he could
command the consent of persons subject to him. It is probable that
parental and filial affection (_pietās_) made this hardship less
rigorous than it now seems to us (§§32, 33).
[Illustration: FIGURE 11. ANTONINUS PIUS]
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