When the Roman matrons became the equal and voluntary companions of their lords, a new jurisprudence was introduced, that marriage, like other partnerships, might be dissolved by the abdication of one of the associates.  In three centuries of prosperity and corruption this principle was enlarged to frequent practice and pernicious abuse.  Passion, interest, or caprice suggested daily motives for the dissolution of marriage; a word, a sign, a message, a letter, the mandate of a freedman declared the separation; the most tender of human connections was degraded to a transient society of profit or pleasure.  According to the various conditions of life, both sexes alternately felt the disgrace and injury; an inconstant spouse transferred her wealth to a new family, abandoning a numerous, perhaps a spurious progeny to the paternal authority and care of her late husband; a beautiful virgin might be dismissed to the world, old, indigent, and friendless; but the reluctance of the Romans, when they were pressed to marriage by Augustus, sufficiently marks that the prevailing institutions were least favorable to the males.  A specious theory is confuted by this free and perfect experiment, which demonstrates that the liberty of divorce does not contribute to happiness and virtue.  The facility of separation would destroy all mutual confidence, and inflame every trifling dispute; the minute difference between a husband and a stranger, which might so easily be removed, might still more easily be forgotten; and the matron, who in five years can submit to the embraces of eight husbands, must cease to reverence the chastity of her own person.

Insufficient remedies followed with distant and tardy steps the rapid progress of the evil.  The ancient worship of the Romans afforded a peculiar goddess to hear and reconcile the complaints of a married life; but her epithet of viriplaca, the appeaser of husbands, too clearly indicates on which side submission and repentance were always expected.  Every act of a citizen was subject to the judgment of the censors; the first who used the privilege of divorce assigned at their command the motives of his conduct; and a senator was expelled for dismissing his virgin spouse without the knowledge or advice of his friends.  Whenever an action was instituted for the recovery of a marriage portion, the praetor, as the guardian of equity, examined the cause and the characters, and gently inclined the scale in favor of the guiltless and injured party.  Augustus, who united the powers of both magistrates, adopted their different modes of repressing or chastising the license of divorce.