Marriage in ancient Rome: Difference between revisions

'''Marriage in ancient Rome''' ({{lang|la|conubium}}) was a fundamental institution of society and was used by Romans primarily as a tool for [[marriage alliance|interfamilial alliances]]. The institution of Roman marriage was a practice of [[monogamy|monogamousmarital monogamy]] institution: [[Roman citizen]]s could have only one spouse at a time in marriage but were allowed to divorce and remarry. This form of monogamyprescriptively monogamous marriage that co-existed with male [[Polygyny|resource polygyny]]{{Efn|Powerful men can have one wife and many other sexual partners}} in Greco-Roman civilization may have arisen from the relative [[egalitarianism]] of [[Greek democracy|democratic]] and [[Roman Republic|republican]] city-states. [[Early Christianity]] embraced this ideal of monogamous marriage by adding its own teaching of [[monogamy|sexual monogamy]], and perpetuatedperpetrated it worldwide and became as an essential element in many later [[Western culture]]s.

MarriageThe institution of marriage in ancient Rome was a strictly [[monogamy|monogamousmarital monogamy]] institution: under Roman law, a [[Roman citizen]], whether male or female, could have only one spouse in marriage at a time but were allowed to divorce and remarry.<ref>{{Cite book |last=Evans Grubbs |first=Judith |url=https://books.google.com/books?id=spCFAgAAQBAJ |title=Women and the Law in the Roman Empire: a sourcebook on marriage, divorce and widowhood |publisher=Taylor & Francis |date=June 2002 |isbn=9781134743926 |pages=148}}</ref><ref>{{Cite book |last=Evans Grubbs |first=Judith |url=https://books.google.com/books?id=spCFAgAAQBAJ |title=Women and the Law in the Roman Empire: a sourcebook on marriage, divorce and widowhood |publisher=Taylor & Francis |date=June 2002 |isbn=9781134743926 |pages=187}}</ref><ref>{{Cite book |last=Evans Grubbs |first=Judith |url=https://books.google.com/books?id=spCFAgAAQBAJ |title=Women and the Law in the Roman Empire: a sourcebook on marriage, divorce and widowhood |publisher=Taylor & Francis |date=June 2002 |isbn=9781134743926 |pages=220}}</ref> The practice of [[Monogamy|marital monogamy]] that co-existed with male [[Polygyny|resource polygyny]] distinguished the [[Marriage in Ancient Greece|Greeks]] and Romans from ancient civilizations in which elite males typically had [[polygynyPolygyny|multiple wives]] in the institution of marriage.<ref>Scheidel, Walter, "A peculiar institution? Greco–Roman monogamy in global context", 2006, Stanford University, Stanford, CA 94305-2145, USA (2006), In ''History of the Family'' 14 (2009), Elsevier, pp. 280</ref> [[Walter Scheidel]] believes that Greco-Roman monogamy in marriage may have arisen from the relative [[egalitarianism]] of the [[Greek democracy|democratic]] and [[Roman Republic|republican]] political systems of the city-states. The aspect of a monogamousmarital institutionmonogamy was later embraced by [[early Christianity]], which in turn perpetuated it with its own teaching of [[Monogamy|sexual monogamy]] as an ideal in later [[Western culture]]s. In the early fifth century [[Augustine of Hippo|Augustine]] referred to it as a "Roman custom".<ref>Scheidel,{{Cite book |last=Cheidel |first=Walter, "|title=A peculiar institution? Greco–Roman monogamy in global context", 2006, |publisher=Stanford University, Stanford, CA 94305-2145, USA (2006), In ''History of the Family'' 14 (2009), Elsevier, pp. 280–291 available online at|year=2006 |location=sciencedirect.com [https://web.stanford.edu/~scheidel/Scheidel_HISFAM.pdf]|pages=280–291}}</ref>

A married woman who bore three children or more could be granted legal independence under the ''[[ius trium liberorum|ius liberorum]]''.<ref>Thomas, "The Division of the Sexes," p. 133.</ref> These laws were poorly received; they were modified in AD 9&nbsp;AD by the ''[[Lex Papia Poppaea]]'';{{clarify|date=April 2017}} eventually, they were nearly all repealed or fell into disuse under [[Constantine I|Constantine]] and later emperors, including [[Justinian]].<ref name=Mary/>

[[File:Casa della Farnesina - Cubiculum D - Right wall - Left Side.jpg|thumb|300px|A groom encourages his demure bride while a servant looks on; wall painting, Casa della Farnesina in Rome (cac. 19 &nbsp;BC)]]

A ''confarreatio'' wedding ceremony was a rare event reserved for the highest echelons of Rome's elite. The [[Flamen Dialis]] and [[pontifex maximus]] presided, with ten witnesses present, and the bride and bridegroom shared a cake of [[spelt]] (in [[Latin]] ''{{Lang|la|far''}} or ''{{Lang|la|panis farreus''}}), hence the rite's name.<ref name="Lind2008">{{cite book|author=Goran Lind|title=Common Law Marriage : A Legal Institution for Cohabitation: A Legal Institution for Cohabitation|url=https://books.google.com/books?id=e-kJxOISFSMC&pg=PA38|date=23 July 2008|publisher=Oxford University Press, USA|isbn=978-0-19-971053-9|pages=38–}}</ref> A more typical upper-middle class wedding in the classical period was less prestigious than a ''confarreatio'', but could be equally lavish. It would have been carefully planned. Sometimes the bride and groom exchanged gifts before the wedding.<ref name=Treggiari/>

The lighting of a sacred torch in honor of [[Ceres (mythology)|Ceres]] was part of the celebration, intended to impart fertility upon the couple.<ref>"The most [[Glossary of ancient Roman religion#arbor felix|auspicious wood]] for wedding torches came from the ''spina alba'', the [[Crataegus|may tree]], which bore many fruits and hence symbolised fertility": [[Spaeth, Barbette Stanley]], ''The Roman goddess Ceres'', University of Texas Press, 1996. {{ISBN|0-292-77693-4}}. Spaeth is citing [[Pliny the Elder]], ''Historia Naturalis'', 30.75.</ref> A wedding sacrifice was also offered, with a sow being the most likely [[Glossary of ancient Roman religion#victima|choice]].<ref>

[[Dowry]] (Latin ''{{Lang|la|dos}}'', a gift) was the payment made by a wife's family to her husband nominally to cover their household expenses. It was more customary than compulsory. Ancient [[papyrus]] texts show that dowries typically included land and enslaved people but could also include [[jewelry]], [[toiletries]], [[mirror]]s, and clothing.

Lawful [[divorce]] was relatively informal; the wife took back her dowry and left her husband's house. Roman men had always held the right to divorce their wives; a ''pater familias'' could order the divorce of any couple under his ''manus''.<ref>He had no power over daughters given in ''manus'' marriage to another; see Treggiari, Susan, "Divorce Roman Style: How easy and how Frequent was it?" In Rawson, B., (editor), ''Marriage, Divorce, and Children in Ancient Rome'', Oxford University Press, 1991, p.37. {{ISBN|0-19-814918-2}}</ref> According to the historian [[Valerius Maximus]], divorces were taking place by 604 &nbsp;BC or earlier,<ref>''Memorable Deeds and Sayings'', [http://attalus.org/translate/valerius2a.html#1.4 ii.1.4] - in the oldest manuscripts.</ref> and the early Republican law code of the [[Twelve Tables]] provided for it. Divorce was socially acceptable if carried out within social norms (''[[mos maiorum]]''). By the time of [[Cicero]] and [[Julius Caesar]], divorce was relatively common and "shame-free,", the subject of gossip rather than a social disgrace.<ref>[[Suzanne Dixon]], "From Ceremonial to Sexualities: A Survey of Scholarship on Roman Marriage" in ''A Companion to Families in the Greek and Roman Worlds'' (Wiley-Blackwell, 2011), p. 248.</ref> Valerius says that Lucius Annius was disapproved of because he divorced his wife without consulting his friends;<ref>''Memorable Deeds and Sayings'', [http://attalus.org/translate/valerius2b.html#9.2 ii.9.2].</ref> that is, he undertook the action for his purposes and without considering its effects on his social network (''[[amicitia]]'' and ''[[Patronage in ancient Rome|clientela]]''). The [[Roman censor|censors]] of 307 &nbsp;BC thus expelled him from the Senate for moral turpitude.

However, elsewhere, it is claimed that the first divorce occurred only in 230 &nbsp;BC. At which time, [[Dionysius of Halicarnassus]] notes<ref>[[Dionysius of Halicarnassus]], ''Antiquitates Romanae'', 2.25</ref> that "[[Spurius Carvilius]], a man of distinction, was the first to divorce his wife" on the grounds of infertility. This was most likely the [[Spurius Carvilius Maximus Ruga]] who was consul in 234 and 228 BCE&nbsp;BC. The evidence is confusing.<ref>[[Aulus Gellius]] (''Noctes Atticae'' 4.3.1) places the divorce in 227 BC, but fudges the date and his sources elsewhere.</ref> A man could also divorce his wife for adultery, drunkenness, or making copies of the household keys.<ref name=Barbara>Holland, Barbara and Yerkes, Lane (March 1998) "The long good-bye", ''Smithsonian'' 28, no. 12: 86.</ref> Around the 2nd century, married women gained the right to divorce their husbands.<ref name="Treggiari, Susan 1991, pp. 37, 38">Treggiari, Susan, "Divorce Roman Style: How easy and how Frequent was it?" ''in'' Rawson, Beryl (Editor) ''Marriage, Divorce, and Children in Ancient Rome'', Oxford University Press, 1991, pp. 37, 38 , {{ISBN|0-19-814918-2}}</ref>

Only one spouse's will was required for any divorce, even if the divorced party was not informed. A spouse who had entered marriage sane and healthy but became incapable of sound judgment (insane) was incompetent and could not divorce their partner; they could be divorced without their knowledge or legal notice. Divorce, like marriage, was considered a family affair. It was discussed and agreed upon in private, in an informal family gathering of the parties most affected; the husband, wife, and senior members of both families. No public record was kept of the proceedings. Official registration of divorce was not required until 449 &nbsp;AD.<ref name="Treggiari, Susan 1991, pp. 37, 38"/>

Most wives were encouraged to remarry after the husband's death or after a divorce; and a high [[death rate]], low average [[life expectancy]], and high [[divorce rate]] meant frequent or multiple remarriages.<ref name=Bradley>Bradley, K. R. (1991) "Remarriage and the Structure of the Upper-Class Roman Family." in ''Marriage, Divorce, and Children in Ancient Rome'', eds. Beryl Rawson, pp. 79–98. Oxford: Oxford University Press.</ref> Since children were expected in marriage, each spouse usually brought at least one child to the new union. Remarriages thus created a unique blending of the family in ancient Roman society, where children were influenced by [[stepparent]]s and some instances where [[stepmother]]s were younger than their [[Stepfamily|stepchildren]].<ref name=Bradley/> Ancient [[physician]]s believed that a woman was liable to get very sick if she was deprived of [[Human sexual activity|sexual activity]] and it could even lead to a woman getting ‘'"hysteric uterine constriction".’'<ref name=Mireille>[[Mireille Corbier|Corbier, Mireille]] (1991) "Divorce and Adoption as Roman Familial Strategies." in ''Marriage, Divorce, and Children in Ancient Rome'', eds. Beryl Rawson, pp. 47–78. Oxford: Oxford University Press.</ref> Even legislation passed during the rule of Augustus required widows and widowers to remarry to inherit from people outside of their immediate family.<ref name=Mireille/>

[[File:Affresco romano - Enea e di.jpg|thumb|[[Dido]] embracing [[Aeneas]], from a Roman fresco in the [[House of Citharist]] in [[Pompeii]], Italy; [[Pompeian Styles|Pompeian Third Style]] (10 &nbsp;BC – 45 &nbsp;AD)]]

Although prohibitions against adultery and harsh punishments were mentioned during the [[Roman Republic|Republic]] (509–27 &nbsp;BC), historical sources suggest that they were regarded as archaic survivals and should not be interpreted as accurate representations of behavior. Adultery was normally considered a private matter for families to deal with, not a severe criminal offense requiring the attention of the courts,<ref>[[#Edwards|Edwards]], pp. 34–35</ref><ref>[[#Nussbaum|Nussbaum]], p. 305, noting that custom "allowed much latitude for personal negotiation and gradual social change."</ref> though there were some cases when adultery and sexual transgressions by women had been brought to the [[aedile]]s for judgment.<ref>Susan Dixon, ''The Roman Family'' (Johns Hopkins University Press, 1992), p. 79.</ref> According to [[Cato the Elder|Cato]] (2nd century BC), a husband had an ancient right ''([[ius]])'' to kill his wife if he caught her in the act of adultery. The existence of this "right" has been questioned; if it did exist, it was a matter of custom and not statute law<ref>Dixon, ''The Roman Family'', p. 202.</ref> and probably only applied to those in the [[Manus marriage|''manus'' form of marriage]], which had become vanishingly rare by the [[Roman Republic#Late Republic (147 BC - 30 BC)|Late Republic]] (147–27 BC), when a married woman always remained legally a part of her own family. No source records the justified killing of a woman for adultery by either a father or husband during the Republic.<ref>[[#Edwards|Edwards]], p. 41.</ref> Adultery was sufficient grounds for divorce, however, and if the wife was at fault, the wronged husband got to keep a portion of her [[dowry]], though not much more than if he had repudiated her for less severe forms of misconduct.<ref name="Edwards, p. 38">[[#Edwards|Edwards]], p. 38.</ref>

As part of the moral legislation of Augustus in 18 &nbsp;BC, the ''[[Lex Iulia#Moral legislation of Augustus|Lex Iulia de adulteriis]]'' ("Julian Law concerning acts of adultery") was directed at punishing married women who engaged in extra-marital affairs. The implementation of punishment was the responsibility of the ''[[paterfamilias]]'', the male head of household to whose legal and [[moral authority]] the adulterous party was subject. If a father discovered that his married daughter was committing adultery in either his own house or the house of his son-in-law, he was entitled to kill both the woman and her lover; if he killed only one of the adulterers, he could be charged with murder. While advertising the father's power, the extremity of the sentence seems to have led to its judicious implementation, since cases in which this sentence was carried out are infrequently recorded—most notoriously, by Augustus himself against his daughter.<ref>[[#Edwards|Edwards]], pp. 61ff.</ref>

| publisher = [[Classical Association of Canada|CAC]]

[[Category:AncientCulture Romanof cultureancient Rome]]