[Social life at Rome in the Age of Cicero by W. Warde Fowler]@TWC D-Link bookSocial life at Rome in the Age of Cicero CHAPTER V 3/31
And we may still further illustrate the mystical religious nature of the whole rite, if we remember that throughout Roman history no one could hold the priesthood of Jupiter (flaminium diale), or that of Mars or Quirinus, or of the Rex sacrorum, who had not been born of parents wedded by confarreatio, and that in each case the priest himself must be married by the same ceremony.[207] This last mentioned fact may also serve to remind us that it was not only the family and its sacra, its life and its maintenance, that called for the ceremonies making up a iustum matrimonium, but also the State and its sacra, its life and its maintenance.[208] As confarreatio had as its immediate object the providing of a materfamilias fully qualified in all her various functions, and as its further object the providing of persons legally qualified to perform the most important sacra of the state; so marriage, in whatever form, had as its object at once the maintenance of the family and its sacra and the production of men able to serve the State in peace and war.
To be a Roman citizen you must be the product of a iustum matrimonium.
From this initial fact flow all the _iura_ or rights which together make up citizenship; whether the private rights, which enable you to hold and transfer and to inherit property under the shelter of the Roman law,[209] or the public rights, which protect your person against violence and murder, and enable you to give your vote in the public assembly and to seek election to magistracies.[210] Marriage then was a matter of the utmost importance in Roman life, and in all the forms of it we find this importance marked by due solemnity of ritual.
In two other forms, besides confarreatio, the bride could be brought under the hand of her husband, viz., _coemptio_ and _usus_, with which we are not here specially concerned; for long before the last century of the Republic all three methods had become practically obsolete, or were only occasionally used for particular purposes.
In the course of time it had been found more convenient for a woman to remain after her marriage in the hand of her father, or if he were dead, in the "tutela" of a guardian (tutor), than to pass into that of her husband; for in the latter case her property became absolutely his.
<<Back Index Next>> D-Link book Top TWC mobile books
|