arise.[40] A father was not permitted to break up a harmonious[41]
marriage; he could not get back his daughter's dowry without her
consent,[42] nor force her to return to her husband after a divorce[43];
and he was punished with loss of citizenship if he made a match for a
widowed daughter before the legal time of mourning for her husband had
expired.[44] A daughter passed completely out of the power of her father
only if she became _sui iuris_ by the birth of three children or if she
became a Vestal, or again if she married a special priest of Jupiter
(_Flamen Dialis_), in which case, however, she passed completely into
the power of her husband. Under all circumstances a daughter must not
only show respect for her father, but also furnish him with the
necessaries of life if he needed them.[45]

[Sidenote: "Breach of Promise."]

Under the Empire no such thing as a "breach of promise" suit was
permitted, although in the days of the Republic the party who broke a
promise to marry had been liable to a suit for damages.[46] But this had
now disappeared, and either party could break off the betrothal at
pleasure without prejudice.[47] Whatever gifts had been given might be
demanded back.[48] The engagement had to be formally broken off before
either party could enter into marriage or betrothal with another;
otherwise he or she lost civil status.[49] While an engagement lasted,
the man could bring an action for damages against any one who insulted
or injured his fiancée.[50]

[Sidenote: Husband and Wife.]

The Roman marriage was a purely civil contract based on consent.[51] The
definition given by the law was a noble one. "Marriage is the union of a