The Ancient Library

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the wife left the family (a7reA*7re t&j> olitov), she might claim her portion, even though children had been born (Dem. Boeot. de Dot. p. 1010) ; and in the event of a wife dying without issue, her por­ tion reverted to the relatives who had given her in marriage (ot Kvptoi) and portioned her. (Isaeus, De Ciron. Hered. p. 69, De Pyr. Hered. p. 41.) The portion was also returned, if a husband put away his wife, and in some cases, probably settled by law, when a woman left her husband. (De Pyr. Hered. p. 45.) That after the death of the wife, her portion belonged to her children, if she had left any, may be inferred from De­ mosthenes (c. Boeot. de Dot. pp. 1023, 1026) ; if they were minors, the interest was set apart for their education and maintenance. When the husband died before the wife, and she remained in the family (juerovtrrjs e*> rep ofatp), the law ap­ pears to have given her portion to her sons, if of age, subject, however, to an allowance for her maintenance. (Id. c. Pliaen. p. 1047.) If the representatives of the deceased husband (ot rbv ttXripov exoj/T€S) wrongfully withheld her portion from his widow, her guardians could bring an ac­ tion against them for it, as well as for alimony (St/CT? irpoiKks Kal (rlrov). (Isaeus, De Pyr. Hered. p. 45 ; Hudtwalcker, Diaet. note 84.) More­ over, if a husband after dismissing his wife re­ fused to return her portion, he might be sued for interest upon it as well as the principal: the former would, of course, be reckoned from the day of dismissal, and the rate was fixed by law at nine oboli for every mina, or about 18 per cent. The guardians were further authorised by the same law to bring an action for alimony in the CliSzlov. (Dem. c. Neaer. p. 1362.) We may add that a o^ktj Trpot/cbs, was one of the efji^-rjvot Siicai or suits that might be tried every month. (Pollux, viii. 63, 101.) [R. W.]

2. roman. Dos (res uxoria) is every thing which on the occasion of a woman's marriage was transferred by her, or by another person, to the husband, or to the husband's father (if the husband was in his father's power), for the purpose of enabling the husband to sustain the charges of the marriage state (onera matrimonii). All the property of the wife which was not made dos, or was not a donatio propter nuptias, con­tinued to be her own, and was comprised under the name o$Paraphema. The dos upon its delivery became the husband's property, and continued to be his so long as the marriage relation existed. All things that could be objects of property, and in fact anything by which the substance of the husband could be increased, might be the objects of dos. All a woman's property might be made a dos ; but the whole property was only what re­mained after deducting the debts. There was no universal succession in such a case, and consequently the husband was not personally answerable for the wife's debts. Any person who had a legal power to dispose of his property could give the dos ; but the dos was divided into two kinds, dos profectitia and dos adventitia, a division which had reference to the demand of the dos after the purposes were satisfied for which it was given. That dos is pro­fectitia which was given by the father or father's father of the bride ; and it is profectitia, even if the daughter was emancipated, provided the father gave it as such (ut parens). All other dos is ad-ventitia. The dos receptitia was a species of dos



adventitia, and was that which was given by some other person than the father or father's father, on the consideration of marriage, but on the condition that it should be restored on the death of the wife. The giving of the dos depended on the will of the giver ; but certain persons, such as a father and father's father, were bound to give a dos with a woman when she married, and in proportion to their means. The dos might be either given at the time of the marriage, or there might be an agreement to give. The technical words appli­cable to the dos were dare, dicere, promittere. Any person, who was competent to dispose of his property, was competent dare, promittere. The word dicere was applied to the woman who was going to marry, who could promise her property as dos, but the promise was not binding unless certain legal forms were observed (non deberi viro dotem, quam nutto auctore dixisset, Cic. Pro Caecin. c. 25, compare Pro Flacco, c. 34, 35, and Ulp. Frag. xi. 20). An example of a promissio dotis occurs in Plautus (Trinum. v. 2). The husband had a right to the sole management of the dos, and to the fruits of it; in fact, he exercised over it all the rights of ownership, with the exception hereafter mentioned. He could dispose of such parts of the dos as consisted of things movable ; but the Julia lex (de adulteriis) prevented him from alienating such part of the dos as was land (fundus dotalis, dotalia praedia, Cic. ad Att. xv. 20 ; dotales agri, Hor. Ep. i. 1. 21) without his wife's con­sent, or pledging it with her consent. (Gaius, ii. 63 ; Inst. ii. 8.) The legislation of Justinian pre­vented him from selling it also even with the wife's consent, and it extended the law to provincial lands. Still there were some cases in which the land given as dos could be alienated.

The husband's right to the dos ceased with the marriage. If the marriage was dissolved by the death of the wife, her father or father's father (as the case might be) was intitled to recover the dos profectitia, unless it had been agreed that in such case the dos should belong to the husband. The dos adventitia became the property of the wife's heirs (Cod. 5. tit. 13. § 6), unless the person who gave it had stipulated that it should be returned to him (dos receptitia) : as to the older law, see Ulpian, Frag. vi. 5.

In the case of divorce, the woman, if she was sui juris, could bring an action for the restitution of the dos • if she was in the power of her father, he brought the action jointly with his daughter. The dos could be claimed immediately upon the dissolution of the marriage, except it consisted of things quae numero, &c., for Avhich time was allowed. (Ulp. Frag. vi. 8 : but compare Cod. 7. tit. 13. § 7.) [divortium.]

The dos could not be restored during the mar­riage, but in the case of the husband's insolvency, the wife could demand back her dos during the marriage. In certain cases, also, the husband was permitted to restore the dos during the marriage, and such restoration was a good legal acquittance to him : these excepted cases were either cases of necessity, as the payment of the wife's debts, or the sustentation of near kinsfolks. (Zeitsclirift, &c. v. p. 311, essay by Hasse.)

What should be returned as dos, depended on the fact of what was given as dos. If the things given were ready money (dos numerata, Cic. Pro Caecina, c. 4)9 or things estimated by quantity, &c.s

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