red widely from country life; there was also an actual
difference in the legal position of a wife, according to the terms
upon which she had chosen to enter the state of wedlock. In other
words, there were two forms of matrimony. According to the
old-fashioned style a wife passed into the power of the husband; her
legal position--though not, of course, her domestic standing--was the
same as that of his daughter. Once on a time he had even possessed the
right of putting her to death, but at our date that privilege no
longer existed. It was enough that she should be subject to his
authority. In that position she managed the home and family, and often
managed him as well. How far this time-honoured style of marriage was
still maintained among the lower classes of Roman society it is
impossible to tell; our information is almost entirely restricted to
the higher, or at least the wealthier, orders. It is, however,
probable that among the artisans and labourers, where the dowry of a
wife cannot have amounted to anything very considerable, this more
stringent state of matrimony was the rule. Paterfamilias was the head
and lord of the house, while materfamilias held in practice much the
same position as she did in Anglo-Saxon households of two or three
generations ago.
Meanwhile among the upper classes, but in no way legally limited to
them, an alternative and easier form of marriage had become
increasingly popular. It was one which gave to both parties the
greatest amount of freedom of which a conjugal union could reasonably
allow. The woman did not pass into the power of the man, and, short of
actual infidelity, she lived her own life in her own way, although
naturally conforming to certain recognised etiquette as a partner in a
respectable Roman _menage_. If neither affection nor moral suasion
could preserve harmony or proper courses, either party might formally
repudiate the contract, and, after a short interval, seek better
fortune in some other quarter. There was, of course, a public
sentiment to be considered; there was family influence; there was the
characteristic Roman pride; there was often a fair measure of mutual
esteem and even affection; and there were obvious joint interests
which made for stability; but beyond these considerations there was
nothing to hamper the inclination of either husband or wife. Yet it is
a grave mistake to imagine, because there was much, and sometimes
appalling, looseness of life under
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