n a swampy district. The lower course of the
Garigliano is through a flat, marshy, unhealthy region. If Marius
landed near Circeii he could not well have passed Teracina without
being seen. It in probable therefore that he landed south of
Terracina.]
[Footnote 127: AEnaria, now Ischia, is forty miles south of the mouth
of the Liris.]
[Footnote 128: Marius and his adherents had been declared enemies to
the State; and in the declaration it was not forgotten that Marius had
attempted to excite the slaves to rebellion. The head of Sulpicius was
already stuck up in the Forum (Appian, _Civil Wars_, i. 60; Velleius,
ii. 19).]
[Footnote 129: A divorce at Rome was effected by the husband or wife
giving a written notice. In the time of Cicero, at least, either party
might effect the divorce. If the divorce was owing to the adultery of
the wife, the husband was entitled to retain a part of the
marriage-portion; a sixth, according to Ulpian (_Frag._ vi.). The
marriage-portion or Dos (which Plutarch translates by the Greek word
[Greek: pherne]) was that property which on the occasion of a woman's
marriage was transferred to the husband by the woman or by another,
for the purpose of enabling the husband to bear the additional burden
of a wife and family. All the woman's property which did not become
dos, remained her own, except in one of the forms of marriage
(conventio in manum), when, pursuant to the nature of the union by
which the wife came into her husband's power and assumed towards him
the relation of a daughter, all her property became her husband's; as
is distinctly asserted by Cicero (_Topica_, 4; compare Ulpian, _Frag_.
xix. 18). As the dos was given to the husband for a particular
purpose, it was consistent that it should be returned when the
marriage was dissolved. The means of recovering the dos was by action.
The liability to restore the dos would be one check on the husband
lightly separating from his wife. When Cicero's brother Quintus
divorced his wife Pomponia, he had a good deal of trouble in finding
means to return her portion. (Cicero, _Ad Attic._ xiv. 13). The law of
dos comprised a great number of rules, and is a difficult subject.
Rein (Das _Roemische Privatrecht_, p. 204) has given a sketch of the
Roman Law of Divorce that is useful to scholars; and he has in another
place (p. 193, &c.) treated of the Law of Dos. It is difficult to
avoid, error in stating anything briefly on the subject of Divorce an
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