Woman! would’st thou, a slave, beneath the spear
A captive, keep possession of this house,
And drive me out?”
Some have supposed that Solon intended to forbid dowries, because one of his laws declares, “A bride shall not carry with her to her husband above three garments, and vessels of small value.” But this was probably intended merely to prevent extravagance in dress and furniture; for he allowed men who had no sons to leave their estates to daughters, and express laws were made to secure the property in the family, by regulating the marriage of heiresses. The daughters of several Grecian monarchs carried their husbands whole kingdoms for a dowry. When distinguished men died in poverty, the state sometimes provided for their children. Thus the Athenians gave three hundred drachmas to each of the orphan daughters of Aristides, and bestowed a farm belonging to the city upon the grand-daughter of their famous patriot, Aristogiton. Phares, of Chalcedon, made a law that rich men should give a portion to their daughters when they married poor men, but receive none with their sons’ wives. As luxury increased, it followed, as an inevitable consequence, that marriages were more and more made with a view to the acquisition of wealth; and fathers were disappointed at the birth of a daughter, on account of the expense attending her establishment. It was customary for the bridegroom to build and furnish the house, and to make a settlement large in proportion to her dowry, for the support of his wife in case of death or divorce; but unless a written receipt of dowry could be produced by the woman’s friends, the husband could not be compelled to allow a separate maintenance. Heirs were bound by law to support the wives of those from whom they received estates.
When sons became of age, they enjoyed their mother’s fortune during her lifetime, affording her a maintenance in proportion to her rank. If a woman died without children, her dowry returned to the relative by whom it had been bestowed.
Girls who had no fathers were disposed of by their brothers; and if they had neither parents nor brethren, the duty devolved upon grandfathers, or guardians. Sometimes husbands betrothed their wives to other persons on their death-beds. The father of Demosthenes gave his wife to one Aphobus, with a considerable portion. Aphobus took the portion, but refused to marry the woman after the death of her husband; in consequence of which her son appealed to the magistrates. The same orator engaged in the defence of Phormio, who having been a faithful slave, his master, before he died, bestowed upon him freedom and his wife.
The forms of betrothing varied in some particulars in different cities, but bore a general resemblance. The parties took each other by the right hand, promised fidelity, and sometimes kissed each other, while the relative of the woman pronounced these, or similar words: “I bestow upon thee, ——, my daughter, or my sister, or my ward, with such and such money, lands, cattle, or flocks, for her dowry.”
In case of divorce, a man was obliged to restore his wife’s portion, and was required to pay monthly interest upon it, so long as he detained it from her.
In general the Grecian laws allowed men to put away their wives upon slight occasions; even the fear of having too large a family was considered sufficient ground for divorce. A woman incurred great scandal in departing from her husband. In Athens, if wives had reason to complain of their husbands, they could appeal to the appointed magistrate, by appearing publicly in court, and placing in his hands a written statement of their grievances. Hipparete, the wife of Alcibiades, losing all patience with his continued profligacy, availed herself of this privilege; but when she presented herself before the archon, Alcibiades seized her by force, and carried her off; no person presuming to interfere with his authority.
It was not unusual for the marriage tie to be dissolved with consent of both parties. Thus Pericles and his wife being weary of each other’s society, he bestowed her upon another man, with her own free will and consent. There is likewise reason to suppose that men sometimes lent their wives to each other, without any of the parties incurring blame by the transaction; but when intrigues were carried on without the husband’s sanction, severe penalties were incurred. Women were sometimes put to death, but more generally sold into slavery. They were never after allowed to enter the temples, or wear any but the most ordinary clothing. Whoever found them disobeying these laws, might tear off their garments, and beat them with any degree of severity that did not endanger their life or limbs.