They are called 'guild-men' (collegiati) because from their guild (collegium) and its custodies are appointed those who have committed some crime; for it is a most sordid class of men, begotten of an uncertain father. Private persons (privati) are those apart from public offices; for it is a name opposed to one holding a magistracy, and they are called private because they are released from the offices of the curia. Hirelings (mercennarii) are those who serve for a wage received. They are the same as 'barons' (barones) by a Greek name, because they are strong (fortes) in labors; for barus in Greek means 'heavy' (gravis), which is 'strong.' Its opposite is 'light' (levis), that is, 'weak' (infirmus). Tax-farmers (publicani) is the name for the lessees of the fiscal or public revenues, or those who exact the public taxes, or those who pursue gains through the business of the age; and thence they got their name.
A bailiff (vilicus) is properly the manager of a country estate (villa); whence the bailiff took his name from the villa. But sometimes 'bailiff' signifies not the management of the estate, but the stewardship of the whole household, as Tully (Cicero) explains — that is, the steward of all possessions and estates. 'Agents' (actores) are the same as 'stewards' (curatores), named from acting (agendo) and caring (curando). 'Procurators' (procuratores), moreover, are so called because they discharge the office in place of a steward (vice curatoris), as it were 'for the stewards,' just as a proconsul acts for a consul. Coloni (settler-tenants) are cultivators who are newcomers, named from the cultivation (cultura) of the field. For they are those who, coming from elsewhere and cultivating a rented field belonging to another, owe an obligation to the native soil on account of the cultivation of the field, under the dominion of the possessor, because the land has been let to them. Now coloni are spoken of in four ways.
For coloni are either Roman, or Latin coloni, or auxiliary coloni, or coloni of a private estate. 'Lodgers' (inquilini) are so called as those who dwell in another's property (incolentes aliena); for they have no dwelling of their own, but inhabit on another's land. Now there is a difference between a lodger (inquilinus) and a newcomer (advena). For lodgers are those who move away and do not remain permanently. But newcomers or immigrant residents are considered to remain; and hence 'residents' (incolae), because they are now inhabitants, from dwelling (incolendo). The native-born (indigenae) are begotten thence and born in the very place where they dwell. But 'resident' (incola) indicates not a native but a newcomer. Foreigners (peregrini) are so called because their parents, from whom they are sprung, are unknown; for they are from a distant region. Those who dwelt at Rome were called 'city-dwellers' (urbani).
But those in other places are called 'townsmen' (oppidani); for Rome alone is 'the City' (urbs), the rest are 'towns' (oppida). Household servants (famuli) are sprung from the family proper to the slaves. Now slaves (servi) drew their name from this, that those who by the right of war could be slain by the victors, when they were 'preserved' (servabantur), became slaves (servi) — that is, called 'slaves' from being preserved (servando). Maid-servants (ancillae) are named from support (sustentaculum); for ancon in Greek means 'elbow' (cubitus), whence too we speak of the 'elbow-bracket' (ancon). A chattel (mancipium) is whatever can be taken and put under the hand (manu capi), such as a man, a horse, a sheep; for these animals are held to be chattel as soon as they are born. For those things too which are in the number of wild beasts then seem to be chattel, when they have begun to be caught or tamed. The freeborn (ingenui) are so called because they have liberty in their descent (in genere), not by an act (in facto) as the freedmen (liberti) do.
Whence too the Greeks call them *eugeneis*, because they are of good stock (boni generis). A freedman (libertus) is so named as though 'freed' (liberatus); for he was formerly bound to the yoke of slavery. Among the ancients the sons of freedmen were called 'freedmen's sons' (libertini), as though 'born of freedmen.' But now a libertinus is either one made so by a freedman, or one possessed. One who is 'sent forth by hand' (manumissus) is so called as though 'released by the hand' (manu emissus). For among the ancients, whenever they freed by hand (manu mittebant), they turned the men about after striking them with a slap (alapa) and confirmed them as free; whence too they were called manumissi, because they were sent forth by the hand (manu). The 'surrendered' (dediticii) were first named from surrender (deditio); for surrender is spoken of when enemies, defeated or about to be defeated, hand themselves over to the victors — and this was the origin of the name for them.
For once, when slaves had taken up arms and fought against the Roman people, they were defeated and surrendered themselves, and being seized were subjected to various indignities. Some of these, afterward freed by their masters, on account of the marks of their punishments which they had manifestly endured, did not attain to the dignity of Roman citizens. The Latini used to be made among the Latins before Rome was founded, taking their liberty never by testament but by letter (epistola). Hence, because they were not freed by testament, they could neither take anything by testament nor make their own heirs; afterward, under the consuls, they were made Roman citizens by testaments in the city of Rome. And they were called Roman citizens because, being made free by testament, they are enrolled into the number of Roman citizens.
To these first was granted access to reside in the city of Rome; but the rest of the freedmen were forbidden to remain either in the city of Rome or within the seventh milestone from the city. V. ON KINSHIPS AND DEGREES. The assessment of bronze money imposed the name of 'heir' (heres); for he shall pay the tribute of his predecessor (auctoris). Indeed in this very word is the first succession of inheritance and of lineage, such as sons and grandsons. The 'sub-heir' (proheres) is one who discharges the place of the heir, as it were 'for the heir' (pro herede); for he is either instituted or substituted. A father (pater) is he from whom the beginning of the lineage arises; and so he is called 'father of a family' (paterfamilias). And 'father' is so named because, the act of begetting (patratione) being accomplished, he procreates a son; for patratio is the consummation of the act of love. Lucretius (4.1129): 'And the well-begetting begetters of begetters.'
「生育者」(genitores)由生育(gignendo)得名;「父母」(parentes)彷彿「產出者」(parientes)。他們等同於「創生者」(creatores);因為 crementum 是男性的精液,動物與人的身體由此受孕。因此父母被稱為創生者。母親(mater)之所以如此稱呼,是因為從她造出某物(matter);因為 mater 彷彿是 materia(質料),因為父親是原因(causa)。「一家之父」(paterfamilias)之所以如此稱呼,是因為他以父親之愛,如父親對兒子那般,為安置在他家中的一切奴隸謀慮,並不把奴隸的境況與應歸於兒子的慈愛加以區分,而是把他們當作一個肢體來擁抱。「一家之父」之名便由此而生。但那些不義地轄制自己奴隸的人,絕不可以為自己配得這名稱。
Now 'begetters' (genitores) are so named from begetting (gignendo); and 'parents' (parentes) as though 'bringing forth' (parientes). They are the same as 'creators' (creatores); for crementum is the seed of the male, from which the bodies of animals and of men are conceived. Hence parents are called creators. A mother (mater) is so called because from her something (matter) is made; for mater is as it were materia (matter), since the father is the cause (causa). Now he is called 'father of a family' (paterfamilias) because he consults with paternal love, as a father does for his sons, for all the slaves set in his family, and does not distinguish the condition of the slaves from the affection due to sons, but embraces them as one member. For hence arose the name of 'father of a family.' But those who tyrannize unjustly over their slaves should by no means reckon that they are addressed by this name.
A 'mother of a family' (materfamilias) is so called because through a certain solemnity of law she passes into her husband's family; for the marriage tablets are the instruments of her purchase. Otherwise, just as a matron (matrona) is the mother of a first child, that is, as it were the mother of one born (nati), so a mother of a family is she who has borne several; for a family begins to exist from two. A grandfather (avus) is the father's father, named from age (aevum), that is, from antiquity. A great-grandfather (proavus) is the grandfather's father, as it were 'near the grandfather' (prope avum). A great-great-grandfather (abavus) is the great-grandfather's father, now far from the grandfather. An atavus is the great-great-grandfather's father. A tritavus is the atavus's father, as it were 'tetravus,' that is, the fourth above the grandfather. But the tritavus is the last name of kinship; for a family arises from the father and terminates in the tritavus. Son (filius) and daughter (filia) are named from the family (familia);
for they themselves stand first in the order of those being born. Whence too the whole Cornelian family, its very stock, sprang from Cornelius. Now 'family' (familia) is from 'thigh' (femur); for by the thigh (femur) kind and stock are indicated. For 'family' used of slaves is said by misuse, not properly. 'Stock' (stirps) is named from the long significance of a lineage. 'Born one' (gnatus) is so called because he is 'generated' (generatus); whence too it is written with a G. 'Offspring' (suboles) is so called because it is the substitution (substitutio) of the kind. Now the order of sons is fourfold, thus: only-begotten (unigenitus), first-born (primogenitus), middle (medius), last (novissimus). The first-born, before whom is none; the only-begotten, after whom is none; the middle, among all; the last, after all. He is the same as the least (minimus), from 'monad' (monas). And he is called 'last' (novissimus) because he is new (novus), since the rest, by preceding, are the older.
Sons are also called by four modes: by nature, by imitation, by adoption, by teaching. By nature, as when the Jews are called sons of Abraham. By imitation, as those from the Gentiles who imitate the faith of Abraham himself, since the Gospel says (Luke 3:8): 'God is able of these stones to raise up children to Abraham'; just as the Lord says that those same Jews are children of the devil, of whom they were not born, but whom they had imitated. By adoption also — which by human custom no one is permitted to be ignorant of — or as we, not by nature but by adoption, say to God: 'Our Father, who art in heaven.' By teaching, as the Apostle calls those his sons to whom he preached the Gospel.
Now sons are called 'free' (liberi) in the laws so that by this word they may be distinguished from slaves; because just as a slave is in the power of his master, so a son is in the power of his father. Hence too there comes about for a son an 'emancipation' (emancipatio), that he may be free from his father, just as for a slave there comes about a 'manumission' (manumissio), that he may be freed from his master. Likewise they are called 'free-children' (liberi) because they are born of a free (libero) marriage; for children born of a free man and a slave-woman are of servile condition. For he who is born always takes on the worse status of the parent. Now the 'natural' children (naturales) are the sons of free-born concubines, whom nature alone begot, not the honor of marriage. He is also the same as a 'boy' (puer), from 'youth' (pubes).
An adoptive son (adoptivus filius) is one who has been handed over into another's power by mancipation from a lawful father, or grandfather, or great-grandfather, in whose power he was, and who bears the name of both, as Fabius Aemilius, or Scipio Paulinus. Twins (gemini) are not only two born at once, but even more. Of twins, moreover, when one has been aborted, the other, who has been lawfully born, is named Vopiscus. He is called a 'posthumous' child (posthumus) because he is born after the burial (humatio) of his father, that is, after his death; and he also received the name of the 'deceased' (defunctus). For the law so willed it, that one who is born of a deceased man should be called by the deceased's name. A bastard (nothus) is one begotten of a noble father and a base-born mother, as from a concubine. And this word is Greek and is lacking in Latin.
與此相對的是「spurius」,他是由高貴的母親與卑賤的父親所生。同樣,spurius 也是由不明的父親與寡居的母親所生的人,彷彿僅是女方一邊之子(spurius);因為古人把女性的本性稱為「spurium」,彷彿源自 apo tou sporou,即源自「種子」(semen),而非源自父親之名。這些人他們也稱為「Favonii」,因為據信某些動物是藉吸入西風(Favonius)之氣而受孕。因此,凡不出於合法婚姻的人也隨從母親而非父親。但在拉丁文中,「spurii」彷彿是「在純淨之外」(extra puritatem),即彷彿「不潔的」(immundi)。孫子(nepos)是由兒子所生的人。他之所以被稱為 nepos,彷彿「其後所生」(natus post);因為先生兒子,然後生孫子;因為這是替代的一個親等。因此也有「後裔」(posteritas),彷彿「其後之世代」(postera aetas)。
Opposed to this is the 'spurius,' who is born of a noble mother and a base-born father. Likewise a spurius is one begotten of an uncertain father and a widowed mother, as it were only the son of the woman's part (spurius); because the ancients called the female nature 'spurium,' as it were from *apo tou sporou*, that is, from 'seed' (semen), not from the father's name. These same they also called 'Favonii,' because certain animals are thought to conceive by drawing in the breath of the west wind (Favonius). Whence too those who are not of a lawful marriage follow the mother rather than the father. But in Latin 'spurii' is as though 'outside purity' (extra puritatem), that is, as it were 'unclean' (immundi). A grandson (nepos) is one who is born of a son. And he is called nepos as though 'born after' (natus post); for first the son is born, then the grandson; for it is a degree of substitution. Hence too 'posterity' (posteritas), as it were 'a later age' (postera aetas).
孫輩(nepos)兼指兩性;我們之所以說「孫女」(neptis),是為了區別繼承而在法律中被採納。曾孫(pronepos)是由孫子所懷孕並出生的人;他之所以被稱為 pronepos,彷彿「更往後所生」(natus porro post)。「後裔」(progenies)之名也由這一親等開始,彷彿「更往後所生的人」(porro post geniti);因為兒子與孫子並非「後裔」,因為在他們身上還沒有悠長的世代。但正如遠居其下所生的人稱為後裔,同樣,在其上的曾祖父與 atavi 也稱為「先祖」(progenitores),彷彿「更往前生育」(porro generantes)。pronepos 之所以如此稱呼,是因為他「靠近孫子」(prope nepotem)。abnepos,因為他「與孫子分開」(seiungitur a nepote);因為在他與孫子之間是 pronepos。adnepos 是 abnepos 之子。
Now 'grandchild' (nepos) is of both sexes; for that we say 'granddaughter' (neptis) is admitted in law for the sake of distinguishing succession. A great-grandson (pronepos) is one conceived and born of a grandson; and he is called pronepos, as it were 'born yet further after' (natus porro post). From this degree too begins the name 'progeny' (progenies), as it were 'those begotten yet further after' (porro post geniti); for sons and grandsons are not 'progeny,' because in them there is not a long posterity. But just as those brought forth far below are called progeny, so above the great-grandfathers and the atavi, who are also called 'progenitors' (progenitores), as it were 'begetting yet further back' (porro generantes). A pronepos is so called because he is 'near the grandson' (prope nepotem). An abnepos, because he is 'separated from the grandson' (seiungitur a nepote); for between him and the grandson is the pronepos. An adnepos is the son of an abnepos.
A trinepos is the son of an adnepos, because he is fourth in order after the grandson, as it were 'tetranepos.' But we do not say 'the lesser' (minores) except when the name of degrees runs out — as for instance son, grandson, great-grandson (pronepos), abnepos, adnepos, trinepos. Where these degrees have run out, we then rightly say 'the lesser' (minores), just as we also say 'the greater' (maiores) after the terms father, grandfather, great-grandfather (proavus), abavus, atavus, and tritavus. VI. ON AGNATES AND COGNATES. Agnates (agnati) are so called because they come forward 'in place of children' (pro natis), when sons are lacking. They are for this reason first recognized (agnoscuntur) in the clan, because they come through persons of the male sex, such as a brother born of the same father, or a brother's son or grandson from him; likewise a paternal uncle (patruus). Cognates (cognati) are so called because they too are joined by the nearness of kinship (cognationis).
They are reckoned after the agnates, because they come through persons of the female sex, and are not agnates but otherwise cognates by natural law. The 'nearest' (proximus) is so named because of the nearness (proximitas) of blood. 'Blood-relations' (consanguinei) are so called because they are sown of one blood, that is, of one seed of the father. For the seed of a man is the foam of blood, like water dashed against the rocks, which makes a white foam, or like dark wine, which when shaken in a cup returns a whitening foam. Brothers (fratres) are so called because they are of the same fruit (fructus), that is, born of the same seed. But germani (full brothers) are those flowing from the same mother (genetrix); not, as many say, from the same seed (germen), for such are only called 'brothers.' Therefore brothers are of the same fruit, full brothers flow from the same mother.
'Uterine' brothers (uterini) are so called because they are of different fathers but brought forth from one womb (uterus); for the womb belongs to the woman alone. Now in the divine Scriptures 'brothers' are spoken of in four ways: by nature, by nation, by kinship, by affection. By nature, as Esau and Jacob, Andrew and Peter, James and John. By nation, as all the Jews are called brothers among themselves in Deuteronomy (15:12): 'But if thou buy thy brother, who is a Hebrew.' And the Apostle (Romans 9:3): 'I could wish,' he says, 'that I myself were anathema from Christ for my brethren, who are my kinsmen according to the flesh, who are Israelites.' Further, they are called brothers by kinship who are of one family, that is, of one fatherland (patria);
which the Latins interpret as 'paternities' (paternitates), when from one root a great throng of kindred is diffused. And in Genesis Abraham said to Lot (13:8): 'Let there be no strife between me and thee, and between my herdsmen and thy herdsmen, for we are all brethren.' And certainly Lot was not the brother of Abraham, but the son of his brother Aran. In the fourth mode, brothers are spoken of by affection, which is split into two: the spiritual and the common. Spiritual, by which we are all called brothers as Christians, as (Psalm 133:1): 'Behold how good and how pleasant it is for brethren to dwell together in unity.' In common, since all men also, born of one father, are joined among ourselves by an equal brotherhood, Scripture saying (Isaiah 66:5): 'Say to those who hate you:
You are our brethren.' A 'full sister' (germana) is understood just as a 'full brother' (germanus), flowing from the same mother. A sister (soror), moreover, is as a brother; for a sister is named from the same seed, because she alone is reckoned with her brothers in the lot (sors) of the clan. 'Paternal-cousin brothers' (fratres patrueles) are so called because their fathers were full brothers to one another. But 'cross-cousins' (consobrini) are named those who are born either of a sister and a brother, or of two sisters, as it were 'con-sisterins' (consororini). The children of a maternal aunt (matertera), moreover, are fratrueles. 'Second cousins' (sobrini) are the children of cross-cousins. 'Uncle' (tius) is Greek. A paternal uncle (patruus) is the father's brother, as it were 'another father' (pater alius). Whence too, when the father dies, the paternal uncle first takes up the ward and, as it were, protects him by law as a son.
A maternal uncle (avunculus) is the mother's brother, whose name seems to have the form of a diminutive, because it is shown to come from 'grandfather' (avus). A paternal aunt (amita) is the father's sister, as it were 'another mother' (alia mater). A maternal aunt (matertera) is the mother's sister, as it were 'a second mother' (mater altera). A father-in-law (socer) is he who has given his daughter. A son-in-law (gener) is he who has led (married) the daughter. And a son-in-law is so called because he is taken on for the increasing of the kind (genus). Now 'father-in-law' (socer) and 'mother-in-law' (socrus) are so called because they associate to themselves (adsocient) a son-in-law or daughter-in-law. A stepfather (vitricus) [is] he who has married a wife having a son or daughter by another man; and he is called vitricus as it were 'newtricus' (novitricus), because he is brought over the mother as a new man. A stepson (privignus) is one who is born of another father; and privignus is thought to be said as it were 'privigenus,' because he was 'begotten before' (prius genitus). Whence too in common speech 'fore-born' (antenatus). These words seem to be derived from lineage (gens):
begetter (genitor), begetress (genetrix), male agnates (agnati), female agnates (agnatae), male cognates (cognati), female cognates (cognatae), male progenitors (progenitores), female progenitresses (progenetrices), full brothers (germani), full sisters (germanae). LIKEWISE ON THE AFORESAID KINSHIPS. The author of my lineage is my father; I am his son or daughter. My father's father is my grandfather; I am his grandson or granddaughter. My father's grandfather is my great-grandfather (proavus); I am his great-grandson or great-granddaughter (proneptis). My father's great-grandfather is my abavus; I am his abnepos or abneptis. My father's abavus is my atavus; I am his adnepos or adneptis. My father's atavus is my tritavus; I am his trinepos or trineptis. ON PATERNAL UNCLES. My father's brother is my paternal uncle (patruus); I am to him a brother's son or daughter.
My paternal uncle's father is my 'great father' (pater magnus); I am to him the son or daughter of a son's or daughter's brother's son or daughter. My paternal uncle's grandfather is my 'propatruus'; I am to him the son or daughter, or grandson or granddaughter, of a son or daughter. My paternal uncle's great-grandfather is my 'adpatruus'; I am to him the son or daughter of a grandson or granddaughter. ON PATERNAL AUNTS. My father's sister is my paternal aunt (amita); I am to her a brother's son or daughter. My paternal aunt's mother is my 'great paternal aunt' (amita magna); I am to her the son or daughter of a daughter's brother's son or daughter. My paternal aunt's grandmother is my 'proamita'; I am to her the son or daughter of a grandson or granddaughter. My paternal aunt's great-grandmother is my 'abamita'; I am to her the son or daughter of a grandson or granddaughter. ON MATERNAL UNCLES. My mother's brother is my maternal uncle (avunculus); I am to him a sister's son or daughter.
My maternal uncle's father is my 'great maternal uncle' (avunculus magnus); I am to him the son or daughter of a son's sister's son or daughter. My maternal uncle's grandfather is my 'proavunculus'; I am to him the grandson or granddaughter of a son. My maternal uncle's great-grandfather is my 'abavunculus'; I am to him the son or daughter of a granddaughter. ON MATERNAL AUNTS. My mother's sister is my maternal aunt (matertera); I am to her a sister's son or daughter. My maternal aunt's sister is my 'great maternal aunt' (matertera magna); I am to her a sister's grandson or granddaughter. My grandmother's sister is my 'abmatertera'; I am to her a sister's great-grandson, or a great-grandson's. My great-grandmother's sister is my 'promatertera'; I am to her the son or daughter of a granddaughter.
'Family trees' (stemmata) are the name for the little branches (ramusculi) which advocates draw up in a lineage when they apportion the degrees of kinships — as for instance 'that one is the son, that one the father, that one the grandfather, that one the agnate,' and the rest, whose figures are these. When this consanguinity, gradually dividing itself off through the orders of offshoots, has withdrawn even to the last degree, and the nearness has ceased to exist, the law of marriage then seeks it out again by a bond, and in a certain way calls back the fleeing kinship. And for this reason consanguinity has been established up to the sixth degree of lineage, so that, just as the generation and state of man is completed in the six ages of the world, so the nearness of lineage might be terminated in just so many degrees. VII. ON MARRIAGES. 'Man' (vir) signifies the sex, not the marriage, unless you add 'her man' (vir eius).
But 'husband' (maritus) sounds of a spouse even without an addition; and 'husband' is from 'male' (mas), as it were 'a male one.' For it is a noun of the first formation, which in the diminutive makes 'masculus' (little male), and in derivation 'maritus' (husband). A betrothed man (sponsus) is named from 'pledging' (spondendo). For before the use of marriage tablets, they used to exchange pledges (cautiones) with one another, in which they pledged (spondebant) that they mutually consented to the rights of marriage, and they gave sureties (fideiussores). Whence it was admitted that we call a man 'betrothed' (sponsus) from pledging (spondendo), and a woman 'betrothed' (sponsa) likewise. Otherwise, properly, 'to pledge' (spondere) is 'to be willing' (velle). Therefore a man is 'betrothed' (sponsus) not because he is promised, but because he pledges (spondet) and gives sureties (sponsores). An earnest-money (arrabo) is so called as it were 'good earnest' (arra bona); for what is given for marriage is well given, because marriage is a good thing.
But that which is for the sake of fornication or adultery is evil, and therefore it is not a pledge (arrabo). Now 'arra' is named from the thing (res) for which it is handed over. And an 'arra' is not only a conjugal betrothal, but also a pledge for any promised thing, that it may either be repaid or fulfilled. Suitors (proci), the seekers of marriage, are named from wooing (procare) and asking (petere). The bridal attendant is called 'pronuba,' because she presides over those marrying, and she joins the bride to the husband. She herself is also the 'paranympha.' For 'nympha' is the bride at the wedding; and 'nympha' also from the office of washing, which alludes to the name of the one marrying (nubere). They are called spouses (coniuges) on account of the yoke (iugum) which is placed upon those to be joined in matrimony. For those marrying used to be placed under a yoke, on account of their future concord, that they might not be separated.
But they are more truly called spouses from the first pledge of betrothal, even though as yet conjugal intercourse is unknown between them; as Mary is called the spouse of Joseph, between whom there had been, and would be, no union of the flesh whatever. Married women are called 'nuptae' because they veil their faces. The name is transferred from clouds (nubes), by which the sky is covered. Whence weddings too are called 'nuptiae,' because there the heads of those marrying are first veiled. For 'obnubere' is to cover over. Its opposite is 'innuba,' that is, unmarried, who does not yet veil her face. Wives are called 'uxores,' as if 'unxiores' (anointers). For it was the custom in antiquity that girls being married would come together to the threshold of the husband, and before they entered they would adorn the doorposts with woolen fillets and anoint them with oil.
And hence wives are called 'uxores,' as if 'unxiores' (anointers): who for this reason were forbidden to tread on the threshold, because there doorways both come together and are separated. A matron (matrona) is one who has already married, and she is called 'matrona' as if 'mother of one born' (mater nati), or because she can now become a mother, whence also matrimony (matrimonium) is named. But a distinction is made between a matron and a mother, and between a mother and a mother of a household (materfamilias). For they are matrons because they have already entered into matrimony; mothers because they have given birth; mothers of a household because through a certain solemnity of law they have passed into the family of the husband. A monogamist (monogamus) is so called because he has married only one. For 'monon' among the Greeks means 'one,' and 'gamos' is rendered 'marriage.' But a bigamist (digamus) and a trigamist (trigamus) are named from the number of wives, as if husband of two or of three.
A widow (vidua) is so called because with a husband she has not been two (duo), nor after the death of her first spouse has she clung to fellowship with another man. For those who marry another after the death of the former husband are not called widows. Likewise a widow is so called because she is alone (sola), nor concerning fellowship with a man does she keep conjugal rights. A brother's wife is called 'fratrissa.' A husband's brother is called 'levir.' The wives of two brothers among themselves are called 'ianetrices,' as if treading the same doorway (ianua), or having their passage through the same doorway. A man's sister is called 'galos.' A sister's husband has no special name, nor does a wife's brother. Matrimony (matrimonium) is the lawful agreement and compact of those of marriageable age. Wedlock (coniugium) is the marriage of lawful persons coming together and coupling among themselves:
婚配稱為 coniugium,因他們相聯合(coniuncti),或源於在婚姻中把他們相聯結的「軛」(iugum),使他們不能解散或分離。而 conubium(合法通婚)並非源於 nupta,乃源於 nubere(出嫁)。當地位相等之人結為婚姻時,才稱為 conubium,例如同樣尊貴的羅馬公民之間。當羅馬公民與拉丁女子結合時,就沒有 conubium。凡沒有 conubium 之處,子女便不隨從父親(的身分)。Hymenaeus(婚姻之神/婚歌)之名源於某位 Hymenaeus,他頭一個順利地享用了婚姻;或源於 apo tou hymenos,即那作為童貞封閉的膜。Contubernium(同居)是一時相聚的協議;因此帳幕(tabernaculum)也由此而來,它時而搭在這裡,時而搭在那裡。
wedlock is called 'coniugium' because they are joined together (coniuncti), or from the yoke (iugum) by which they are coupled in marriage, so that they cannot be dissolved or separated. But 'conubium' is formed not from 'nupta,' but from 'nubere.' Now it is called 'conubium' when equals come together in marriage, as for instance Roman citizens, of certainly equal dignity. But there is no 'conubium' when a Roman citizen is joined with a Latin woman. And whenever there is no 'conubium,' the children do not follow the father. 'Hymenaeus' is named from a certain Hymenaeus, who first happily made use of marriage, or from 'apo tou hymenos,' which is the membrane that is the enclosure of virginity. 'Contubernium' (cohabitation) is an agreement of coming together for a time; whence also a 'tabernaculum' (tent), which is pitched now here, now there.
Repudiation (repudium) is that which is sent, under the testimony of witnesses, either to one present or absent. Divorce (divortium) is whenever, the matrimony being dissolved, one of them follows another marriage. Divorce is named from the bending of ways (flexus viarum), that is, ways tending in different directions. A separation is 'frivolum' when they part with the intention of returning to each other again. For 'frivolus' is as it were of a shattered and fluid, and not steadfast, mind. But properly, useless earthenware vessels are called 'frivola.' Now a wife is taken for three reasons: the first is the cause of offspring, concerning which we read in Genesis (1:28): 'And he blessed them,' saying: 'Increase and multiply'; the second is the cause of help, concerning which it is said there in Genesis (2:18): 'It is not good for man to be alone;
let us make him a help meet for him'; the third cause is incontinence, whence the Apostle says (1 Cor 7:9): 'He who does not contain himself, let him marry.' In choosing a husband four things are usually regarded: virtue, lineage, beauty, wisdom. Of these, wisdom is more powerful toward the affection of love. Virgil relates these four things concerning Aeneas, by which Dido was impelled into love of him (Aen. 4.11-14): For beauty: 'How he bears himself in countenance!' For virtue: 'How brave in breast and in arms!' For eloquence: 'Alas, by what fates tossed about, what wars fought out he was recounting!' For lineage: 'I believe indeed, and my faith is not vain, that his race is of the gods.' Likewise in choosing a wife four things impel a man to love: beauty, lineage, riches, character.
Yet it is better if character rather than beauty be sought in her. But nowadays those women are sought whom either riches or looks commend, not those whom uprightness of character commends. Now women are placed under the power of the man for this reason, because for the most part they are deceived by the levity of their mind. Whence it was also fair that they be restrained by the man's authority. Accordingly the ancients also wished that unmarried women, although they were of full age, should remain under guardianship on account of that very levity of mind.