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Updated: May 2, 2025
A cause of greater influence, in all likelihood, was the introduction of the civil marriage, by which a child begotten of patrician parents living together as married persons, although without -confarreatio-, acquired full burgess-rights equally with the child of a -confarreatio- marriage.
Though confarreatio was the only essentially religious form of marriage, and was sanctified by the presence of the pontifex maximus and the flamen Dialis, yet marriage even in the less religious ceremony of coemptio was always a sacrum. The central ceremony of the confarreatio was an act partly of sacrifice, partly, one might almost say, of communion.
This sacramental ceremony was called confarreatio, because a sacred cake, made of the old Italian grain called far, and offered to Jupiter Farreus, was partaken of by bride and bridegroom, in the presence of the Pontifex Maximus, the Flamen Dialis, and ten other witnesses.
I. III. Clan-villages Even in Rome, where the simple constitution of ten curies otherwise early disappeared, we still discover one practical application of it, and that singularly enough in the very same formality which we have other reasons for regarding as the oldest of all those that are mentioned in our legal traditions, the -confarreatio-. It seems scarcely doubtful that the ten witnesses in that ceremony had the same relation to the constitution of ten curies the thirty lictors had to the constitution of thirty curies.
In the earlier period a woman was acquired as wife in three different ways: I. By coemptio a mock sale to her husband ; II. By confarreatio a solemn marriage with peculiar sacred rites to qualify men and women and their children for certain priesthoods ; III. By usus, or acquisition by prescription.
The alternate drinking of rice-wine, by bridegroom and bride, from the same vessels, corresponds in a sort to the Roman confarreatio. By the wedding-rite the bride is adopted into the family religion.
The Romans recognized that marriage is a fact and not a mere legal form; in marriage by usus there was no ceremony at all; it was constituted by the mere fact of living together for a whole year; yet such marriage was regarded as just as legal and complete as if it had been inaugurated by the sacred rite of confarreatio.
But with a few exceptions, in which reasons of religion protected the ancient usages to which class the -confarreatio- as well as the declaration of war by the college of Fetiales belonged the Roman law, as we know it, uniformly and on principle rejects the symbol, and requires in all cases neither more nor less than the full and pure expression of will.
A cause of greater influence, in all likelihood, was the introduction of the civil marriage, by which a child begotten of patrician parents living together as married persons, although without -confarreatio-, acquired full burgess-rights equally with the child of a -confarreatio- marriage.
I. III. Clan-villages Even in Rome, where the simple constitution of ten curies otherwise early disappeared, we still discover one practical application of it, and that singularly enough in the very same formality which we have other reasons for regarding as the oldest of all those that are mentioned in our legal traditions, the -confarreatio-. It seems scarcely doubtful that the ten witnesses in that ceremony had the same relation to the constitution of ten curies the thirty lictors had to the constitution of thirty curies.
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