Under the Empire no such thing as a “breach of promise” suit was permitted, although in the days of the Republic the party who broke a promise to marry had been liable to a suit for damages.[46] But this had now disappeared, and either party could break off the betrothal at pleasure without prejudice.[47] Whatever gifts had been given might be demanded back.[48] The engagement had to be formally broken off before either party could enter into marriage or betrothal with another; otherwise he or she lost civil status.[49] While an engagement lasted, the man could bring an action for damages against any one who insulted or injured his fiancee.[50]

[Sidenote:  Husband and Wife.]

The Roman marriage was a purely civil contract based on consent.[51] The definition given by the law was a noble one.  “Marriage is the union of a man and a woman and a partnership of all life; a mutual sharing of laws human and divine."[52] The power of the husband over the wife was called manus; and the wife stood in the same position as a daughter.[53] No husband was allowed to have a concubine.[54] He was bound to support his wife adequately, look out for her interests,[55] and strictly to avenge any insult or injury offered her[56]; any abusive treatment of the wife by the husband was punished by an action for damages[57].  A wife was compelled by law to go into solemn mourning for a space of ten months upon the death of a husband[58].  During the period of mourning she was to abstain from social banquets, jewels, and crimson and white garments[59].  If she did not do so, she lost civil status.  The emperor Gordian, in the year 238, remitted these laws so far as solemn clothing and other external signs of mourning above enumerated were concerned.[60] But a husband was not compelled to do any legal mourning for the death of his wife.[61]

The wife was, as I have said, in the power of her husband.  Originally, no doubt, this power was absolute; the husband could even put his wife to death without a public trial.  But the world was progressing, and that during the first three centuries after Christ the power of the husband was reduced in practice to absolute nullity I shall make clear in the following pages.  I shall, accordingly, first investigate the rights of the wife over her dowry, that is, the right of managing her own property.

Even from earliest times it is clear that the wife had complete control of her dowry.  The henpecked husband who is afraid of offending his wealthy wife is a not uncommon figure in the comedies of Plautus and Terence; and Cato the Censor growled in his usual amiable manner at the fact that wives even in his day controlled completely their own property.[62] The attitude of the Roman law on the subject is clearly expressed.  “It is for the good of the state that women have their dowries inviolate."[63] “The dowry is always and everywhere a chief concern; for it is for the public good that dowries be retained