was the
solemn marriage by _confarreatio_, already described, which qualified
the husband and wife for the special priesthood of Jupiter. Women soon
grew to value their freedom too highly to enter it; as early as 23 A.D.
the Senate had to relax some of the rigour of the old laws on the matter
as a special inducement for women to consent to enter this union.[102]

We may now observe what became of the wife's property after divorce and
what her rights were under such circumstances. If it was the husband who
had taken the initiative and had sent his wife a divorce, and if the
divorce was not the fault of the woman, she at once had an action in law
for complete recovery of her dowry; on her own responsibility if she was
_sui iuris_, otherwise with the help of her father.[103] But even the
woman still under guardianship could act by herself if her father was
too sick or infirm or if she had no other agent to act for her.[104] For
the offence of adultery a husband had to pay back the dowry at once; for
lesser guilt he might return it in instalments at intervals of six
months.[105] If, now, the divorce was clearly the fault of the woman,
her husband could retain certain parts of the dowry in these
proportions: for adultery, a sixth part for each of the children up to
one half of the whole; for lighter offences, an eighth part; if the
husband had gone to expense or had incurred civil obligations for his
wife's benefit or if she had removed any of his property, he could
recover the amount.[106]

A year and six months must elapse after a divorce before the woman was
allowed to marry again.[107] If at the time of the divorce she was
pregnant, her husband was obliged to support her offspring, provided
that within thirty days after the separation she informed him of her
condition.[108] She could sue her former husband for damages if he
insulted her.[109] Whether the children should stay with the mother or
father was left to the discretion of the judge.[110]

[Sidenote: Property rights of widows and single women.]

The married woman had, as I have shown, complete disposal of her own
property. Let us see next what rights those women had over their
possessions who were widows or spinsters.

Roman Law constantly strove to protect the children and laid it down as
a maxim that the property of their parents belonged to them.[111] A
widow could not therefore, except by special permission from the
emperor,[112] be the legal guardian of