408
THE GREEN BAG
not greatly change the law as to husband connected with Cicero, the champion of and wife, except by recognizing as valid Roman liberty, and to marry Cato's daugh marriages entered into without any solem ter. There was one difficulty in the way. nity, and holding that such did not involve The daughter, Porcia by name, was already the subjection of the wife to the husband, wedded to one Bibulus; but from the point as in the confarreation of the patrician or of view of Hortensius this was not a serious the coemption of the pleb. The plebeians obstacle; so he called on Bibulus, told him were apparently satisfied with a very loose his desire, and begged him to dissolve his matrimonial noose — either because the marriage with Porcia and allow him an op women disliked to renounce their independ portunity of having her as a wife. He ence and desired to keep control over stated that after she had borne him two their own property and earnings; or, more children he would be willing to relinquish probably, because before coemption had all his marital claims to the lady and she been introduced as a way of making her his might remarry Bibulus. Cato, the father lawful wife the man could only take her of the charmer, was consulted and refused merely as the mother of his children (matri- his consent, but as he wished to oblige his monium), and so the woman had been accus friend, the orator, he suggested a solution tomed to this simple matrimonial union by of the difficulty. He would sacrifice himself consent. An idea, too, was abroad that as on the altar of friendship and give up his own a man might become the owner of a thing old wife Marcia, provided her father Philip — to which his legal title was defective — did not object. The old gentleman con by prolonged possession of it, so he might sented on condition that Cato would attend acquire manus, with all its consequences, the wedding. Cato had no scruples on this over the woman with whom he had thus score, so Marcia and Hortensius were mar been informally united by prolonged co ried. Hortensius dying, Marcia became a habitation with her as his wife (usus). This widow; Cato visited her, courted her suc had become customary law. The Tables cessfully, and she married him a second accepted it, and denned conditions under time, bringing with her to his home (her which manus arose and the wife became old one) the fortune of Hortensius. Every converted from a doubtful uxor into a law thing about this transaction was voluntary ful mater Camillas, by providing that if a and legal. Marriage existed so long only woman, married neither by confarreation as both parties were agreeable and fully agreed, and the only obstacle to a dissolu nor coemption, desired to retain her inde pendence, she must periodically absent her tion was the necessity of carrying it out self for three nights from her husband's in a strictly legal way, and the duty of con sulting near relations. We understand that home; twelve months uninterrupted co habitation gave him that power over her there was an idea that Cato was influenced which would have been created instantly by financial cons derations. There had arisen a great and general had the marriage been by the breaking of bread or the copper coin and the scales indisposition towards marriage. Metellus Numidicus, who fought so bravely against (Enc. Brit. ib. 688). So far as marriage was concerned in the Jugurtha, spoke thus on one occasion last centuries of the Republic, woman was against this growing evil. "If, Romans, we practically on an equality with man. Some could live without wives, we should all keep curious combinations arose in married life; free from that source of trouble; but since the most singular recorded is that of Hor- nature has ordained that men can neither tensius, as told us by Plutarch. Hortensius, live sufficiently agreeably with wives, nor the great Roman orator, was anxious to be at all without them, let us think rather of
