We will assume that Silius is a married man, and that his wife is a typical Roman dame worthy of his station in life. Her name shall be Marcia, or, if she possesses more than one, Marcia Sabina. Marriage does not confer upon her the name of her husband, and if she requires further identification in connection with him, she will be referred to as "Silius's Marcia." At an earlier date a woman owned but a single name, but already practical convenience and pride of descent had combined to make it desirable that she should bear a second, which might be taken from the family either of her father or of her mother. Thus if Silius and Marcia themselves have a daughter, she may in her turn perhaps be called Silia Bassa, perhaps Silia Marcia.
If now we proceed to describe the position of Marcia in her conjugal and family relations, to speak of her way of life, and to suggest her probable character, it must be understood that the description would by no means necessarily fit every Roman matron. Women are said to be infinitely various, and in this respect the ancient world was precisely like the modern. And not only has it further to be borne in mind that there were several strata of Roman society, and that city life differed widely from country life; there was also an actual difference in the legal position of a wife, according to the terms upon which she had chosen to enter the state of wedlock. In other words, there were two forms of matrimony. According to the old-fashioned style a wife passed into the power of the husband; her legal position—though not, of course, her domestic standing—was the same as that of his daughter. Once on a time he had even possessed the right of putting her to death, but at our date that privilege no longer existed. It was enough that she should be subject to his authority. In that position she managed the home and family, and often managed him as well. How far this time-honoured style of marriage was still maintained among the lower classes of Roman society it is impossible to tell; our information is almost entirely restricted to the higher, or at least the wealthier, orders. It is, however, probable that among the artisans and labourers, where the dowry of a wife cannot have amounted to anything very considerable, this more stringent state of matrimony was the rule. Paterfamilias was the head and lord of the house, while materfamilias held in practice much the same position as she did in Anglo-Saxon households of two or three generations ago.
Meanwhile among the upper classes, but in no way legally limited to them, an alternative and easier form of marriage had become increasingly popular. It was one which gave to both parties the greatest amount of freedom of which a conjugal union could reasonably allow. The woman did not pass into the power of the man, and, short of actual infidelity, she lived her own life in her own way, although naturally conforming to certain recognised etiquette as a partner in a respectable Roman ménage. If neither affection nor moral suasion could preserve harmony or proper courses, either party might formally repudiate the contract, and, after a short interval, seek better fortune in some other quarter. There was, of course, a public sentiment to be considered; there was family influence; there was the characteristic Roman pride; there was often a fair measure of mutual esteem and even affection; and there were obvious joint interests which made for stability; but beyond these considerations there was nothing to hamper the inclination of either husband or wife. Yet it is a grave mistake to imagine, because there was much, and sometimes appalling, looseness of life under a Nero, that the race of noble and virtuous Roman matrons—the Cornelias and Valerias and Volumnias—was extinct; and it is equally a mistake to suppose that Rome no longer produced its honourable gentlemen filled with a sense of their responsibilities to family and state. The satirist should not here, nor elsewhere, be our chief, much less our only, guide. The England of Charles II is not to be judged in its entirety by the comedies of the time nor by the Memoirs of Grammont. On this matter, however, it will be more convenient to touch in a later paragraph. It will be best to deal first with the system in vogue, and then to consider the sort of woman whom it produced.
It cannot be denied that at this date, though marriage was regarded as the normal and proper condition for men and women who desired to do their duty by the state, and though the wise emperors did everything in their power to encourage it, a very large proportion of the men of the upper classes regarded it as a burden and a vexatious interference with their liberty. It was not necessarily that they had any desire to be vicious, nor indeed would marriage be much of a hindrance to vice; it was that they desired to be free. The cause of their disinclination was the same as it is sometimes alleged to be now—the increasing demands of women, their increasing unwillingness to bear the natural responsibilities of matrimony, their extravagant expectations, and the impossibility of there being two masters in one house claiming equal authority. But whereas we recognise that love is a possible adjuster of all the difficulties, it was no tradition of the Romans that marriage should be based on love. With them it very seldom began with love, or even with direct personal choice, but was in most instances entirely a mariage de convenance and arranged for them as such. Even after marriage we are told by a contemporary writer that the proper feeling for a man to entertain for his wife is rational respect, not emotional affection. Experience has shown that the result was too often unsatisfactory.
It is unfortunate that the only satires or criticisms on married life which have come down to us were written by men; one would like to hear what the women might have said, if a woman had ever been a satirist. There is nearly always some basis of truth in a classic satire, but the question is "How much?" Juvenal belongs to a later generation than that of Nero, but what he says is doubtless equally applicable to that age. It is therefore interesting to note one or two of his objections to contemporary woman, regarded as a wife. In the first place she is too interfering and even dictatorial. "What madness is it," he asks of the man whom he supposes himself to be addressing, "that drives you to marry? How can you bear with a tyrannous woman, when there are so many good ropes in the world, when there are high windows to throw yourself out of, or when there is the bridge quite handy?" "Why should you be made to wear the muzzle?" "Why take into your house some one who will perhaps shut the door in the face of an old friend whom you have known ever since he was a boy?" "When you displease her, she weeps, for she keeps tears always ready to fall, but when you try to prevent her from displeasing you, she tells you it was agreed that each should have liberty, and that she is a human being." He goes on to attack her faithlessness, her extravagance, her superstition, her loquacity, and so forth. Let us by all means discount his fierce invectives; nevertheless we must take them as but a heightened way of putting circumstances which had a real and all too frequent existence, and which encouraged the growing fancy for bachelordom. We shall, however, soon look at a very different picture of domestic relations, and it is only fair to assume that these also were by no means uncommon.
A Roman girl with a reasonable dowry might expect to be married at any age from about 13 to 18. The Italian of the south, like the Greek, ripens early. The legal age was 12; on the other hand to be unmarried at 19 was to be distinctly an old maid. In the northern provinces of the empire maturity was less early, whereas south of the Mediterranean it was even earlier. The legal age for the bridegroom was that at which his father or guardian allowed him to put on the "toga of the man" and enter the Forum. Thus theoretically a Roman youth might become a benedict when about sixteen, and Nero was only at that age when he married his first wife Octavia. Generally speaking, however, if Marcia was as old as 16, Silius would hardly be under 26 or 27.
The marriage, as has been said already, would commonly be a matter of arrangement between families, sometimes effected by their own members, sometimes by an interested friend or some other go-between. "You ask me," writes Pliny to Mauricus, "to look out for a husband for your niece. There is no need to look far, for I know a man who might seem to have been provided on purpose. His name is Minicius. He is well-connected, and comes from Brescia, which you know to be a good old-fashioned place retaining the simple and modest manners of the country. He is a man of active energy and has held high public office. In appearance he is a gentleman, well-built, and with a wholesome ruddy complexion. His father has ample means, and though perhaps your family is not much concerned on that point, we have to remember that a man's income is one of the first considerations in the eyes, not only of our social system, but of the law."
A marriage of the full and regular type could only be contracted between free citizens. There were varying degrees of the morganatic about all others, such as marriage with a foreigner or emancipated slave. A non-Roman wife meant that the children were non-Roman. A man of the senatorial order could not marry a freedwoman, if he wished to have the union recognised; also no complete marriage could be contracted with a person labouring under degradation publicly inflicted by the authorities or degraded ipso facto by certain occupations. For this reason the actress on the "variety" stage could not aspire to become even an acknowledged Roman wife, much less a member of the order which more or less corresponded to our peerage. Nor could a Roman marry a relative within certain prohibited degrees. He might not, in fact, marry any woman whom he already possessed what was called "the right to kiss."
We are, however, dealing with two persons entirely beyond exception, namely Quintus Silius Bassus and Marcia Sabina. A match has been made between these parties, perhaps several years before the actual marriage can take place, and while the intended bride is a mere child of ten: even the future groom may be but a boy. When the go-between has done his or her work to the satisfaction of both families, there takes place a betrothal ceremony, of which the original purpose was, of course, to bind each party morally to carry out the contract, but which, by the year 64, might mean very little.
In theory the Roman law required the consent of both participants; a father could not absolutely force son or daughter to marry a particular person, nor, indeed, any person at all. But on the other hand, according to the Roman law, neither sons nor daughters were free to act independently of the father's will, nor to possess independent property, so long as the father lived, or until he chose to "emancipate." It naturally follows that paternal pressure was the chief factor in determining a marriage, and only those men or women whose fathers were dead, or who had been formally freed from tutelage, were in a position absolutely to please themselves. We need not suppose either that sons were always very amenable, or that parents were invariably self-willed and autocratic, but it is obvious that marriages based on mutual attraction must have been extremely few. We will suppose that Silius is his own master, while Marcia has a father or a guardian still alive.