munity itself, which in the earliest times, therefore, opened up to the childless the means of avoiding such a fatality by their adopting, in presence of the people, the children of others as their own.
The Roman family from the first contained within it the conditions of a higher culture in the moral adjustment of the mutual relations of its members. Man alone could be head of a family. Woman did not indeed occupy a position inferior to man in the acquiring of property and money; on the contrary, the daughter inherited an equal share with her brother, and the mother an equal share with her children. But woman always and necessarily belonged to the household, not to the community; and in the household itself she necessarily held a position of domestic subjection—the daughter to her father, the wife to her husband,[1] the fatherless unmarried woman to her nearest male relatives; it was by these, and not by the king, that in case of need woman was brought to trial. Within the house, however, woman was not servant, but mistress. Exempted from the tasks of corn-grinding and cooking, which according to Roman ideas belonged to the menials, the Roman housewife devoted herself in the main to the superintendence of her maid-servants, and to the accompanying labours of the distaff, which was to woman what the plough was to man.[2] In like manner, the moral obligations of parents
- ↑ This was not merely the case with the old religious marriage (matrimonium confarreatione); the civil marriage also (matrimonium consensu) originally gave to the husband proprietary power over his wife; and accordingly, the principles that regulated the acquisition of property, the legal ideas of "formal delivery" (coemptio), and "prescription" (usus), were applied without ceremony to the nuptial contract. In cases where the nuptial consent existed but the marital power had not been acquired, and in particular therefore during the period which elapsed before the completion of the prescription, the wife was (just as in the later marriage by causæ probatio, until that took place), not uxor, but pro uxore. Down to the period when Roman jurisprudence became a completed system the principle maintained its ground, that the wife who was not in her husband's power was not a married wife, but only passed as such (uxor tantummodo habetur. Cicero, Top. iii. 14).
- ↑ The following epitaph, although belonging to a much later period, is not unworthy to have a place here. It is the stone that speaks:—
"Hospes, quod deico, paullum est. Asta ac pellege.
Heic est sepulcrum haud pulcrum pulcrai feminæ,
Nomen parentes nominarunt Claudiam,
Suom mareitum corde deilexit sovo,
Gnatos duos creavit, horunc alterum
In terra linquit, alium sub terra locat;
