aepius peperit, as porcetra and scropha in the sow
kind. He then adds the genuine meaning, quae in matrimonium vel in manum
convenerat.]

[Footnote 118: It was enough to have tasted wine, or to have stolen the
key of the cellar, (Plin. Hist. Nat. xiv. 14.)]

[Footnote 119: Solon requires three payments per month. By the Misna, a
daily debt was imposed on an idle, vigorous, young husband; twice a week
on a citizen; once on a peasant; once in thirty days on a camel-driver;
once in six months on a seaman. But the student or doctor was free from
tribute; and no wife, if she received a weekly sustenance, could sue
for a divorce; for one week a vow of abstinence was allowed. Polygamy
divided, without multiplying, the duties of the husband, (Selden, Uxor
Ebraica, l. iii. c 6, in his works, vol ii. p. 717--720.)]

After the Punic triumphs, the matrons of Rome aspired to the common
benefits of a free and opulent republic: their wishes were gratified
by the indulgence of fathers and lovers, and their ambition was
unsuccessfully resisted by the gravity of Cato the Censor. [120] They
declined the solemnities of the old nuptiais; defeated the annual
prescription by an absence of three days; and, without losing their name
or independence, subscribed the liberal and definite terms of a marriage
contract. Of their private fortunes, they communicated the use, and
secured the property: the estates of a wife could neither be alienated
nor mortgaged by a prodigal husband; their mutual gifts were prohibited
by the jealousy of the laws; and the misconduct of either party might
afford, under another name, a future subject for an action of theft.
To this loose and voluntary compact, religious and civil rights were no
longer essential; and, between persons of a similar rank, the apparent
community of life was allowed as sufficient evidence of their nuptials.
The dignity of marriage was restored by the Christians, who derived all
spiritual grace from the prayers of the faithful and the benediction
of the priest or bishop. The origin, validity, and duties of the holy
institution were regulated by the tradition of the synagogue, the
precepts of the gospel, and the canons of general or provincial synods;
[121] and the conscience of the Christians was awed by the decrees
and censures of their ecclesiastical rulers. Yet the magistrates of
Justinian were not subject to the authority of the church: the emperor
consulted the unbelieving civilians of a