husband. Under all circumstances a daughter must not
only show respect for her father, but also furnish him with the
necessaries of life if he needed them.[45]

[Sidenote: "Breach of Promise."]

Under the Empire no such thing as a "breach of promise" suit was
permitted, although in the days of the Republic the party who broke a
promise to marry had been liable to a suit for damages.[46] But this had
now disappeared, and either party could break off the betrothal at
pleasure without prejudice.[47] Whatever gifts had been given might be
demanded back.[48] The engagement had to be formally broken off before
either party could enter into marriage or betrothal with another;
otherwise he or she lost civil status.[49] While an engagement lasted,
the man could bring an action for damages against any one who insulted
or injured his fiancee.[50]

[Sidenote: Husband and Wife.]

The Roman marriage was a purely civil contract based on consent.[51] The
definition given by the law was a noble one. "Marriage is the union of a
man and a woman and a partnership of all life; a mutual sharing of laws
human and divine."[52] The power of the husband over the wife was called
_manus_; and the wife stood in the same position as a daughter.[53] No
husband was allowed to have a concubine.[54] He was bound to support his
wife adequately, look out for her interests,[55] and strictly to avenge
any insult or injury offered her[56]; any abusive treatment of the wife
by the husband was punished by an action for damages[57]. A wife was
compelled by law to go into solemn mourning for a space of ten months
upon the death of a husband[58]. During the period of mourning she was
to abstain from social banquets, jewels, and crimson and white
garments[59]. If she did not do so, she lost civil status. The emperor
Gordian, in the year 238, remitted these laws so far as solemn clothing
and other external signs of mourning above enumerated were
concerned.[60] But a husband was not compelled to do any legal mourning
for the death of his wife.[61]

The wife was, as I have said, in the power of her husband. Originally,
no doubt, this power was absolute; the husband could even put his wife
to death without a public trial. But the world was progressing, and that
during the first three centuries after Christ the power of the husband
was reduced in practice to absolute nullity I shall make clear in the
following pages. I shall, accordingly, first investigate the ri