Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-09-13
COMMUNICATED
Scraps from History. Ancient and
Modern.

Scraps from History, Ancient and
Modern.
WaDy Of Dirocc. divorce was allowed
with considerable latitude among the Pagans,
Jews, and Romans The Roman lawyers dis
tinguishcd between repudium and divortium,
or reputation aud divorce, making the former
to be the breaking of a contract or espousa and
the latter separation after matrimony. Romulus
enacted Il severe law, which suffered not the
wife to rcpudiate her husband, but gave the
man the liberty of repudiating his wife, either
upon poisoning her children, counterteiting his
private keys, or for the crime of adultry; but if
the husband on any other occasion put her
away, he ordered one moiety of his estate for
the wife, and the other to the goddess Ceres; be-
sides an atoncm. Mt to the gods of the earth. They
might then rcpudiate in all cases, if they were
willing to submit to the penalty. (Plut in Rom. J
The first record OF divorce that occurred at
Rome was that of Spurius Corvilius Ruga, 4.
l.. G. 523, B. G. 23l. who repudiated his wife,
whom he much loved, solely on account of her
barrcuneSs 1t has been said that though he
thus acted through necessity, aud with the ad-
vice Of his friends, and with the consent Of the
ccnsurs, his conduct Was universally condemn
cd, and rendered him extremely odlous. Mon
tc>quicu, however, suggests that he did not IN
cur disgrace with the people for regulating
his wife, but they were offended by his oath to
the ccnSors that he would repud!ate her that
he might give children to the republic. The
people objected to the yoke which the ccnsors
| were golug to put upon them.
| Putarch maintains that DOntian was the
first who permitted divorces 1t is mentioned
aS fact that Coriolanus when he set out on his
exile, B. g. 49I, advised his wife to marry a
man more happy than himself The right Of
| the women to repudiatc their husbands subss-
ted among the first Romans, notwithstanding
the law OF Rumulus, and it is well known. that
this institution was one Of those which the
deputies of Rome brought from Athens, aud
which were inserted in the laws OF the Twelve
Tables. The law at first did not require that
they should disclose the cause OF divorce,
though Justlnian afterwards altered the law in
this respect.
At Rome, barrcnne>s, age, disease, madneSS,
! punishment, Impotence, i VOW OF chastity, and
| the profession OF mouaSlc lite, we're the ordl-
| nary causes OF divorce The causes OF the dis.
solution of matrmOny have much varied among
the Romans; but the most solemn sacrament,
the coniarrcatlon itself, might always be done
away by rites OF contrary tendency. In the
first ages the father of family night sell his
children, aud his wife WIS reckoncd i'll their
number; the domestic Judge might pronounce
the death of the offender, or his mercy might
expcl her from his bed and house. but the
slavery of the wrctchcd female was, Tor i long
period, hopeless and perpetual, unless he as
serted for his own convenience the manly pre-.
rogativc of divorce.
At length. when the Roman matrons became
the equal and voluntary companions Of their
lords, Il new jurisprudence was Introduced,
that marriage, like other partnerships, might
be dissolved by the ablcation Of one Of the
associates. During an interval of prosperity
and corruption. this principle was enlarged to
frequent practice and pernicious abuse. Pas
sion, interest. or caprice, suggested daily mo-
tiveS for the dissolution Of marriage Il word. a
sign, a message, letter, the mandate of u
freedman, declared the separation; the most
| tender of human connections was degraded to
transient society of profit or pleasure. Ac-
cordiug to the various conditions OF life, both
sexes alternae y felt the disgrace and injury );
an incUn>tant spouse transfessed her wealth to
new family, abandoning numerous, perhaps
spurious, progeny to the paternal authority
and care OF her late husband.
The common way of diyorcing, was by send
ing IA bill to the woman containing the reasons
| for separation, and the tender of all her goods
which she brought with her; and this was called
repudium mttorc; or else 1t was performed
in her presence and before seven witnesses,
and accompanied with the tormalities of tearing
the writings, refuudng the portion, taking
away the keys, and turning the WOMAN out OF
doors
The Grecian laws concerning divorces were
different; the Cretans allowed divorce to any
man that was afraid of having too mauy child
rem.
The Spartans seldom divorced their wives;
and it was extremely scaudalous for a woman
to depart from her husband. The AtheniaDs
allowed divorce on very small grounds. by a
bill! containing the reason of the divorce, and
the women were allowed the same privilege.
Among the Jews, besides incontnence and adul-
try, ugliness old age, or i'll humor in wife We're
sufficient reasons. Nay, even the mans own
pleasure, Or the repeating OF his match were
admitted as good reasons; although never prac-
,ised by the patriarchs whatever might have
been the case among other nations. The law
relating to it is expressed 10 Deut. xiv, l, &c.
1t does not appear that women were INDUCED
by this law of Moses with the privilege Of di.
vorciug their husbands upon the same ground,
unless in the case of virgin bctrothed by her
parents before she was twelve years OF age, VINO
might refuse to ratity the contract. Josephus
says that Saiume, sstei Of llerod the Great,
was the first who took upon her to repudiate
her husband, whose example was soon followed
by others.
Divoce was allowed by the Mahometan
law. The Turks had three degrees of divorce.
4 COOP LITTLE DOMESTIC ANECDoTE. A
young mother was in the habit of airing the
Laby's clothes at the window. Her husband
did not like it, and believed if she saw her
nraci;cr a. others saw il she would Lesist lie