_manum mariti_ as if she had eaten of the sacred
cake.
[294] Hobhouse, _Morals in Evolution_, Vol. I. p. 210. The eating of
the cake would seem to the ancient mind to have been connected with
magic, and was regarded as actually effacious in establishing a unity
of the man and the woman.
[295] _Coemption_ became in time purely symbolic. The bride was
delivered to the husband, who as a formality gave a few pieces of
silver as payment; but the ceremony proves how completely the woman
was regarded as the property of the father.
[296] Romulus, says Plutarch, gave the husband power to divorce his
wife in case of her poisoning his children, or counterfeiting his
keys, or committing adultery (Romulus, XXXVI.). Valerius Maximus
affirms that divorce was unknown for 520 years after the foundation of
Rome.
[297] Hobhouse, _op. cit._, Vol. I. p. 211 (_note_). He states, "The
concubinate we hear of in Roman Law is a form of union bereft of some
of the civil rights of marriage, not the relation of a married man to
a secondary wife or slave-girl."
[298] Donaldson, _op. cit._, p. 88. He remarks in a note, "The story
may not be historical, but the Romans regarded it as such." Wives were
prohibited from tasting wine at the risk of the severest penalties.
[299] St. Augustine, _Confessions_, Bk. IX. Ch. IX.
[300] Letourneau, _Evolution of Marriage_, pp. 244, 245. In the
ancient law, when the crime of the woman led to divorce she lost all
her dowry. Later, only a sixth was kept back for adultery, and an
eighth for other crimes. In the last stages of the law the guilty
husband lost the whole dowry, while if the wife divorced without a
cause, the husband retained a sixth of the dowry for each child, but
only up to three-sixths.
[301] _Psychology of Sex_, Vol. VI. p. 396.
[302] Hecker, _History of Women's Rights_, p. 12.
[303] Ellis, _op. cit._, p. 395.
[304] Hobhouse, _op. cit._, Vol. I. p. 213.
[305] Maine, _Ancient Law_, Ch. V.
[306] McCabe, _The Religion of Women_, p. 26 _et seq._
[307] _Santiago_ (Mediaeval Towns Series), p. 21.
[308] Donaldson, _Woman_, pp. 124-125.
[309] _Roman Society_, p. 163.
[310] _Morals in Evolution_, Vol. I. p. 216.
[311] _Woman_, p. 113.
[312] _Digest_, XLVIII. 13, 5.
PART III
MODERN SECTION
PRESENT-DAY ASPECTS OF THE WOMAN PROBLEM
CONTENTS OF CHAPTER VIII
SEX DIFFERENCES
The practical application of the truths arrived at--A question to
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