The forms of marriage ceremonies were varied and underwent many changes in the course of the centuries. The most ceremonious marriage ceremony was performed by the high priest in the presence of at least ten witnesses, whereupon the bridal pair ate a cake made of flour, salt and water as a symbol of their union. This ceremony has a strong resemblance to the eating of the sacramental wafer at the celebration of the Lord’s Supper. A second form of marriage was merely by taking possession. If a woman had lived with her chosen husband under the same roof for one year, with the consent of her father or guardian, the marriage was legalized. A third form was a sort of mutual purchase. The man and woman exchanged some coins and promised to be husband and wife. At the time of Cicero[24] free divorce to both partners in the marriage contract was already established, and it was even denied that an announcement of the divorce was necessary. But the “lex Julia de adulteriis” prescribed that a divorce must be solemnly announced. This law was caused by the frequent occurrence that women, having committed adultery and then having been called to account, claimed to have divorced their husbands. Justinian (The Christian)[25] prohibited divorce, except when both parties wished to enter a monastery. But his successor, Justinian II., found it necessary to introduce it again.
As Rome grew in wealth and power, vice and licentiousness of the worst kind replaced the moral austerity of its early days. Rome became the center from which lewdness, debauchery and sensual finesse spread over the entire civilized world of that period. Especially during the time of the emperors, and frequently encouraged by the emperors themselves, the debauchery assumed forms that could only have been inspired by insanity. Men and women vied with each other in immorality. The number of public brothels increased rapidly, and besides the “Greek love” (sodomy) was practised more and more by the men. At one time the number of male prostitutes in Rome was greater than the number of female prostitutes.
The courtesans appeared in great pomp, surrounded by their admirers, on the streets and the promenade, in the circus and theater, sometimes reclining on couches carried by Negroes, holding a mirror in their hand, decked with jewels, partly nude, fanned by slaves, surrounded by a swarm of boys, eunuchs and flute-players, with grotesque dwarfs bringing up the rear.
These debaucheries assumed such dimensions in the Roman empire, that they threatened its very existence. The bad example set by men, was followed by women. There were women, so Seneca[26] reports, who did not count years by the consuls, as was customary, but by the number of their husbands. Adultery was general, and in order to escape the severe penalties attached to it, women had themselves registered as prostitutes. Even some of the most aristocratic ladies of Rome were among these.
Besides these debaucheries, civil wars and the system of the latifundia caused such a marked decline of the marriage and birth-rate, that the number of Roman citizens and patricians was greatly diminished. In the year 16 B. C. Augustus enacted the so-called Julian law;[27] that placed a penalty upon the unmarried state of Roman citizens and patricians, and rewarded them for having children. Whoever had children was deemed of higher station than childless or unmarried persons. Unmarried persons could not inherit property from anyone except their nearest relatives. People who had no children could only claim half of an inheritance, the other half was turned over to the state. Women who had been convicted of adultery, were compelled to give a part of their dowery to their deceived husbands. This provision caused some men to marry with a desire for adultery on the part of their wives. That caused Plutarch to remark: “Romans do not marry to have heirs, but to become heirs.” Later on the Julian law was still increased in severity. Tiberius issued an edict that no woman whose grandfather, father or husband had been or was a Roman knight, might prostitute herself. Married women, who had their names entered in the lists of prostitutes, should be banished from Italy. For the men, of course, no such punishments existed. As Juvenal reports, husband-murder by poison was a frequent occurrence in Rome of his day.
[23] “Mosaic Law,” by John David Michaelis.
[24] Born 106 B. C.
[25] From 527 to 565 A. D.
[26] Seneca lived from 2 to 65 A. D.