formed by a freeman.
The marriage contract, without which the Code ruled that the woman was no
wife, usually stated the consequences to which each party was liable for
repudiating the other. These by no means necessarily agree with the Code.
Many conditions might be inserted: as that the wife should act as
maidservant to her mother-in-law, or to a first wife. The married couple
formed a unit as to external responsibility, especially for debt. The man
was responsible for debts contracted by his wife, even before her marriage,
as well as for his own; but he could use her as a mancipium. Hence the Code
allowed a proviso to be inserted in the marriage contract, that the wife
should not be seized for her husband's pre-nuptial debts; but enacted that
then he was not responsible for her pre-nuptial debts, and, in any case,
that both together were responsible for all debts contracted after
marriage. A man might make his wife a settlement by deed of gift, which
gave her a life interest in part of his property, and he might reserve to
her the right to bequeath it to a favourite child, but she could in no case
leave it to her family. Although married she always remained a member of
her father's house--she is rarely named wife of A, usually daughter of B,
or mother of C.
Divorce was optional with the man, but he had to restore the dowry and, if
the wife had borne him children, she had the [v.03 p.0119] custody of them.
He had then to assign her the income of field, or garden, as well as goods,
to maintain herself and children until they grew up. She then shared
equally with them in the allowance (and apparently in his estate at his
death) and was free to marry again. If she had no children, he returned her
the dowry and paid her a sum equivalent to the bride-price, or a mina of
silver, if there had been none. The latter is the forfeit usually named in
the contract for his repudiation of her.
If she had been a bad wife, the Code allowed him to send her away, while he
kept the children and her dowry; or he could degrade her to the position of
a slave in his own house, where she would have food and clothing. She might
bring an action against him for cruelty and neglect and, if she proved her
case, obtain a judicial separation, taking with her her dowry. No other
punishment fell on the man. If she did not prove her case, but was proved
to be a bad wife, she was drowned. If she were left without maintenance
during her husband's invo
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