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At Rome, in all periods of her history, a iustum matrimonium, i.e. a marriage sanctioned by law and religion, and therefore entirely legal in all its results, was a matter of great moment, not to be achieved without many forms and ceremonies. The reason for this elaboration is obvious, at any rate to any one who has some acquaintance with ancient life in Greece or Italy.

Novellae, 22, 44: unde sancimus, si quis prohibuerit ad aliud venire matrimonium, etc. Codex, v, 3, 16. The osculum was a sort of "donation on account of marriage" made on the day of the formal engagement. Codex, i, 3, 54 . Codex, viii, 57 , I and 2. Cf. Codex, viii, 58 , 1 and 2. Codex, v, 3, 10.

This last mentioned fact may also serve to remind us that it was not only the family and its sacra, its life and its maintenance, that called for the ceremonies making up a iustum matrimonium, but also the State and its sacra, its life and its maintenance.

The Canonists finally allowed a certain supremacy to the husband, though, on the other hand, they sometimes seemed to assign even the chief part in marriage to the wife, and the attempt was made to derive the word matrimonium from matris munium, thereby declaring the maternal function to be the essential fact of marriage.

Aulus Gellius, x, 15: Matrimonium flaminis nisi morte dirimi ius non est. Tacitus, Annals, iv, 16. Ulpian, vi, 6; id. in Dig., 24, 3, 2. Pauli fragmentam in Boethii commentario ad Topica, 2, 4, 19. Paulus in Dig. ii,3, 41. Ulpian, vi, 13. Ulpian, vi, 9-17, and vii, 2-3. Pauli frag, in Boethii comm. ad Top., ii, 4, 19.

In the other is Duke Orazio taking as his wife the daughter of King Henry of France, with this inscription: HENRICUS II, VALESIUS, GALLORUM REX, HORATIO FARNESIO CASTRI DUCI DIANAM FILIAM IN MATRIMONIUM COLLOCAT, ANNO SALUTIS 1552.

To be a Roman citizen you must be the product of a iustum matrimonium.

Agellius had thought of the end more than of the means, and had had a vision of Callista as a Christian, when the question of rites and forms would have been answered by the decision of the Church without his trouble. He was somewhat sobered by the question, though in a different way from what his uncle wished and intended. Jucundus proceeded—“First, there is matrimonium confarreationis.

Well, now I’m coming to my point. There is a third kind of marriage, and that is what I should recommend for you. It’s the matrimonium ex usu, or consuetudine; the great advantage here is, that you have no ceremonies whatever, nothing which can in any way startle your sensitive mind. In that case, a couple are at length man and wife præscriptione.

Laudo nuptias, laudo coniugium, sed quia mihi virgines generant. Ad uxorem, i, 7 and 9: non aliud dicendum erit secundum matrimonium quam species stupri. Jerome, Epist., 123. See also id., Epistola de viduitate servanda, Migne 22, p. 550, and the Epist. de monogamia, Migne, 22, p. 1046. Ambrose, de viduis liber unus, Migne, 16, p. 234. Cf.