dos

dōs, dōtis, f.: a marriage portion, dowry, 7.423. (dō)

dōs, ōtis (gen. plur. dotium, Dig. 23, 3, 9, § 1 al.; dotum, Val. Max. 4, 4, 11; Tert. Cult. Fem. 2, 9), f. [1. do, like the Sicilian δωτίνη, from διδόναι, Varr. L. L. 5, § 175 Müll.], a marriage portion, dowry (for syn. cf.: donum, largitio, munus, donatio, etc.).

• I Prop., Plaut. Am. 2, 2, 209 (841); id. Ep. 2, 1, 11 (176) et saep.; Ter. And. 950; id. Heaut. 937 sq. al.; Cic. Caecin. 25 fin.; id. Fl. 35; id. Att. 14, 13, 5; Caes. B. G. 6, 19, 1; Hor. S. 1, 2, 131; id. Ep. 1, 6, 36 et saep.—Cf. on the legal regulations respecting the dos and the t. t. used in them (dotis datio, dictio, promissio, etc.), Cod. Just. 5, 12; Dig. 23, 3 tit.: De jure dotium, Just. Inst. 2, 7, 3; Cod. Just. 5, 15: De dote cauta, non numerata; id. 5, 11: De dotis promissione et nuda pollicitatione; Dig. 33, 4 tit.: De dote praelegata; ib. 37, 7: De dotis collatione; cf. Rein's Privatr. p. 194 sq. —
• II Transf., a gift, endowment, talent, property, quality (freq. since the Aug. per.; cf.: indoles, ingenium, facultates, virtutes): (juris civilis) artem verborum dote locupletasti, Cic. de Or. 1, 55: vinearum (pedamenta, vimina), Col. 4, 30, 1; cf. praediorum, Dig. 33, 7, 2; ib. 20, § 3: magnae uvarum, Col. 3, 2, 17; cf.: omnis unionum, Plin. 9, 35, 56, § 112: mulsi, id. 22, 24, 50, § 108: aquatilium, id. 32, 11, 53, § 142: formae, Ov. M. 9, 717; cf. oris, id. ib. 5, 562: corporis, id. ib. 583: ingenii (opp. bona corporis), id. A. A. 2, 112; so Curt. 3, 6, 20: corporis, Sen. Vit. Beat. 8, 3: corporis animique dotes, Suet. Tit. 3; cf.: naturae fortunaeque, Plin. Ep. 3, 3, 4: omnes belli et togae, Vell. 1, 12, 3 et saep.: silvarum dotes, the delights, i. e. the chase, Grat. Cyn. 252: est quoque carminibus meritas celebrare puellas Dos mea, my gift, Ov. Am. 1, 10, 60: infelix perii dotibus ipse meis, id. Pont. 2, 7, 48: dos erat ille (sc. Phaon) loci, the ornament, id. H. 15, 146: teneritas in dote (est), is highly prized, Plin. 19, 8, 41, § 141.

dōs, dōtis, f. (do), die Gabe, I) die Mitgabe bei der Heirat, das Heiratsgut, die Mitgift, uxor sine dote, Plaut.: inopes dotum filiae, Val. Max.: dos si nuptiarum causā data, Varro LL.: dotis dimidium, dotis paululum, Afran. fr.: dotis tabellae, Ehepakten, Suet.: filiarum dotes, Cic.: talenta dotis (an M.) adposcere duo, Ter.: dotem dicere (alci), zusagen, s. 2. dico no. II, B. 7: accipere pecuniam ab uxore dotis nomine, Caes.: dare dotem, Ter.: dare dotes filiis de communi aerario, Nep.: dotis (als M.) dare insulam Chrysam, agrum Caecubum, Varro fr.: quadraginta sestertia dare dotem cornicini, Iustin.: alci nubenti in dotem centum milia (nummûm) conferre, Plin. ep.: filiae nubili dotem conficere non posse, Cic.: trecentis milibus dotis (an M.) fuit contenta, Apul. Vgl. Leonhard in Pauly-Wissowa Realenz. V, 1580 f. – II) übtr., a) die Mitgabe, Mitgift, Gabe übs., dos invitamentumque sceleris, Vell.: silvarum dotes, Ov.: duplex libelli dos est, Phaedr.: his quasi praeter dotem, quam in civilibus bellis acceperant, agrum Campanum est largitus Antonius, Cic.: et ipsam gloriam belli, quā velut dote Hannibal concilietur, nimiam in praefecto regio esse, Liv.: cuius (Scaevolae) artem cum indotatam esse et incomptam videres, verborum eam dote (durch die Ausstattung deiner Worte) locupletasti et ornasti, Cic. – b) prägn., die Gabe, Begabung = treffliche Ausstattung, treffliche Eigenschaft, der Vorzug, Wert, dotes corporis, Sen.: dotes corporis animique, Suet.: dotes ingenii, Ov., Vell. u.a.: vel ingenii dotes (natürliche Geistesgaben) vel animi artes (durch Bildung gewonnene geistige Eigenschaften), Curt.: dotes naturae fortunaeque, Plin. ep.: margaritarum, Güte, Plin.: praediolum, quod commendatur his dotibus, Sen. Vgl. Grasberger de usu Plin. p. 69. annot. 2. – ➳ Genet. Plur. dotium, Ulp. dig. 23, 3, 9. § 1 u.a. ICt.: dotum, Val. Max. 4, 4, 11. Tert. de cult. fem. 2, 9.

dos [CL] 1 dowry (given by or with bride); b (fig.). in alia acceptione accipitur dos secundum leges Romanas, secundum quod proprie appellatur dos id quod cum muliere datur viro, quod vulgariter dicitur maritagium Glanv. VII 1; cum dos proprie dicatur quod datur viro a sponsa, hic accipitur e contrario Hales Sent. IV 479; Bracton 92 (v. adventicius 1b); 1332 cum ‥ procuratores ‥ comitis [Gelrie] ‥ de recipiendo nomine dotis a nobis de certa quantitate pecunie ‥ convenissent (Pat) Foed. IV 509a.  b dos datur a nupta: vigil observantia recti, / casta quies lingue Hanv. IX 393 p. 389; optima dos est uxoris pudicitia [cf. Auson. Sept. Sap. I, Auson. Bias 4] W. Donc. Aph. Phil. 10. 18. 2 dower (given to bride or unspec.), marriage portion; b (held or claimed by widow); c (claimed by widow alleging she has received no part of it); d (fig.). si mallent omnes consortes esse procorum / nobilium, pulchra fungentes dote virorum Aldh. VirgV 2205; dos, wituma vel wetma GlC D 347; dos, morgengifu Ælf. Gl.; si quis aliquem interfecerit intra curiam vel domum suam, corpus ejus et omnis substantia sunt in potestate regis preter dotem uxoris ejus, si dotatam habuerit DB I 154v; dos dicitur vulgariter id quod aliquis liber homo dat sponse sue ad hostium ecclesie tempore desponsationis sue‥. cum quis sponsam suam dotat, aut nominat dotem aut non‥. minus tercia parte tenementi potest quis dare in dotem, plus vero tercia parte non Glanv. VI 1; Ib. VI 3 (v. disponere 2a); scio quod a viro mulieri datur dos, viro maritagium ab illo qui dat uxorem Alex. Bath Mor. II 1 p. 130; 1200 ad recognoscendum utrum terra illa data fuerat in maritagium vel in dotem CurR I 281; dos est id quod liber homo dat sponse sue ad ostium ecclesie propter onus matrimonii et nuptias futuras ad sustentationem uxoris et educationem liberorum, cum fuerint procreati, si vir premoriatur. rationabilis autem dos est cujuslibet mulieris ‥ tertia pars omnium terrarum et tenementorum que vir suus tenuit in dominico suo et ita in feodo quod earn inde dotare poterit die quo earn desponsavit [v. l. desponsaverit] Bracton 92; 1324 Alicia ‥ absque cohercione ex assensu mariti sui ‥ remittit ‥ Randulfo totum jus quod habet in dicto mesuagio ut in dotem ad totam vitam suam CBaron 138.  b hanc [Guincestram] regina tenet regis de dote prioris / Hetguardi G. Amiens Hast. 627; Eldredus ‥ [tenet] j hidam et dim.; uxor ejus tenuit in dote DB I 42v; quodsi [vidua] infra annum virum eligat, amittet dotem [AS: þære morgengyfe] et omnia quae possidet per priorem virum (Cons. Cnuti) GAS 361; 1100 mortuo marito, uxor ‥ dotem suam et maritationem habebit (Ch. Hen. I) Ib. 521; Sibilla ‥ habet ij filios ‥; sed non sunt heredes de dote ejus, sed Ricardus B., qui fuit de prima uxore viri sui RDomin 24; clamabit mulier ipsa dotem suam tamquam nominatam aut rationabilem dotem suam non nominatam Glanv. VI 17; 1199 (v. desponsatio 1a); 1218 Alicia ‥ petit ‥ terciam partem ij bovatarum terre ‥ ut †dotam [MS: dotem] suam Eyre Yorks 21; s1246 adjudicatum fuit ‥ quod mulier certa et specificata dote dotata non potest nec debet amplius habere de catallis viri sui defuncti quam ‥ dotem sibi assignatam, nisi de voluntate viri sui Leg. Ant. Lond. 12; 1258 (v. 2 bancus 4); 1268 Willelmus remisit ‥ Ermetrude omnia blada in terris ‥ Christianam [filiam ipsius E.] ‥ jure hereditario contingentibus et in dote sua seminata Cl 546; 1333 rex ‥ commisit ‥ custodiam omnium terrarum et tenementorum que Agnes ‥ tenuit in dotem LTR Mem 105 r. 39.  c 1256 nulla brevia nostra currant infra libertatem ‥ ville nisi breve de recto, breve de nova disseisina et breve de dote unde nihil fiet (Southampton) BBC 195; s1260 provisum fuit ‥ [quod] omnia placita mota per breve de dote unde mulieres nichil habent ‥ placitarentur illo die quo placita communia tenentur Leg. Ant. Lond. 45; 1267 in placito dotis quod dicitur ‘unde nichil habet’ (Marlb.) StRealm I 23; accio dotis ubi mulier nichil habet alibi quam in curia regis non potest terminari‥. si autem aliquam partem habuerit mulier de dote, tunc non habet locum illud breve, sed breve de recto de dote Fleta 346.  d sponsam potius spondebat se fore Christi, / ‥ / qui se vite subarravit cum dote fidei Aldh. VirgV 1944; deficit huic tumulo dos forme, gratia laudis D. Bec. 351; sapiens ‥, quanto magis sapientie dote prefulget, tanto libidini datus ‥ modestiam minus observat Gir. TH I 22; bona pauca / paucis sufficiunt dosque modesta Dei Garl. Tri. Eccl. 15; non quodcumque donum datum tunc sponse a sponso nomine dotis censetur, sed quod est primum et precipuum; unde proprie dos est donum quod datur sponse spirituali a sponso spirituali in traductione in amplexum primum et precipuum, quod respicit primas potentias corporis et anime Hales Qu. 1320; ista est dos [ME: marechȝeve] quam dixi inclusas pre ceteris habituras AncrR 27. 3 (eccl.) endowment. c1070 habeant manerium ‥ sicut ‥ rex [Eadwardus] ad dedicationem illius ecclesiae in dotem perpetuam eternaliter eandem hereditavit ecclesiam Regesta p.120; a1160 ecclesie ‥ Dunfermelin ‥ omnia subscripta concedo ‥, cum omnibus rebus ‥ pertinentibus, sicut date fuerunt predicte ecclesie in dotem ab avo meo rege D. die qua dedicata fuit Regesta Scot. 118; s1239 quod ‥ imperator ‥ dotes ecclesie hostiliter invadens eas sibi ‥ manciparet Flor. Hist. II 233; 1268 commodum gardini valet communibus annis preter dotes x solidos (Extenta) Cart. Glouc. III 46; c1280 tenet vij acras terre ‥ pertinentes ad dotem ecclesie Suff Hund. 9; 1315 predicta toftum et terra non sunt de dote ecclesie de H. IMisc 75/5; 1354 que ‥ dabo ‥ in partem dotis perpetue dicte cantarie Lit. Cant. II 323; 1441 ad ordinacionem ‥ dotis et porcionis quam in dicta ecclesia vicarius ‥ et successores sui ‥ percipient Reg. Cant. I 315; Lyndw. 254 b, etc. (v. gleba 3).

dōs, (9) dōtis, f. (do), ¶ 1 dot : Pl. Amph. 839 ; virgo dote cassa Pl. Aul. 191, jeune fille sans dot ; dotem conficere Cic. Quinct. 98 ; dare Nep. Arist. 3, 3, faire la dot, doter ; dicere dotem Cic. Fl. 86, régler, fixer la dot ; doti dicere Cic. Fl. 86, donner en dot, ou conferre (dare Col. Rust. 4, 3, 6) in dotem Plin. Min. Ep. 2, 4, 2 ; [fig.] Cic. de Or. 1, 234 ; his quasi præter dotem, quam in civilibus malis acceperant, agrum Campanum est largitus Antonius Cic. Phil. 11, 12. à ces vétérans, comme surcroît à la dotation quʼils avaient reçue dans les guerres civiles, Antoine a fait don du territoire campanien ¶ 2 [post-class.] qualités, mérites de qqch. ou de qqn : Col. Rust. 3, 2, 17 ; Plin. Min. Ep. 1, 24, 4 ; 2, 17, 29 || Sen. Vita b. 8, 3 ; Plin. Min. Ep. 3, 3, 4 ; Val. Max. 5, 3 ; Ov. M. 9, 717, etc.

➳ gén. pl. dotium Ulp. Dig. 23, 3, 9 ; dotum Val. Max. 4, 4, 11.

dos , dotis. f.
妆奩。才能。才藝。— animi 徳。— oris 口才。 Dotem dicere 定妝數。Dare doti vel in dotem 與妝。Dotes naturae 才能。

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dōs ōtis, f

• 1 DA-, a marriage portion, dowry: dos est Decem talenta, T.: filiae nubili dotem conficere: uxorem cum dote pecunia donat, H.— Poet.: Pauperiem sine dote quaero, espouse, H.—Plur: quaesitae sanguine, V.—A gift, present, offering, endowment, talent, quality: artem verborum dote locupletasti: dotem, quam in civilibus malis acceperant: Coniugi, a wedding present, O.: Dos est magna parentium Virtus, H.: dotes ingenii, O.

DOS

DOS(προίξ, φερνή), dowry.

Greek

In proof of the barbaric simplicity of ancient Greek custom, Aristotle instances the facts that they went armed and bought their wives (Pol. 2.8.19=p. 1268 b, 39). The presents made to the bride's father, or, to speak plainly, the price paid for her, was called ἕδνα or ἔεδνα: according to the generally accepted etymology of Curtius, who refers it to the root ἁδ (ςϜαδ) found in ἁνδάνω, ἡδύς, suavis, this would mean literally a douceur or sweetener. This was, no doubt, originally a compensation for the loss of the daughter as a domestic servant; and the English law still recognises, in cases of seduction, an action by the father for loss of service. As Grote has pointed out, the customs of the early Jews were in this respect completely Homeric (Gen. 34.12; Ex. 22.16, &c.); but among the ancient Germans they were modified; the husband gave presents, not to his wife's father, but to herself (Tac. Germ. 18). Grote further shows, in an excellent note, the exact correspondence between the old Greek ἕδνα and the mundium of the Lombard and Alemannic laws; a term found also in the laws of England under Ethelbert, of Denmark, and of Sweden (pt. i., ch. 20, 1.475 n.). This custom of the heroic times is illustrated by many passages in Homer: the bridegroom gives ἀπερείσια ἕδνα (Il. 16.178; Od. 19.529); μυρία ἕδνα (Il. 16.190, 22.472; Od. 11.282). The amount is reckoned in oxen and other cattle (Il. 11.243), whence παρθένοι ἀλφεσίβοιαι of girls whose attractions command a high price in the matrimonial market (Il. 18.593; H. Ven. 119). On the other hand, to grant a daughter without ἕδνα was a high compliment to the intended son-in-law; Agamemnon offers it to Achilles (Il. 9.141 ff.), Alcinous to Ulysses (Od. 7.311 ff.). Sometimes the ἕδνα appear to come from the bride's family (Od. 1.277; repeated 2.196); these must be either really a marriage portion, the Homeric δῶρα, later φερνή (Nitzsch, ad loc.; L. and S. s. v.; Schömann, Antiq. 1.49, E. T.), or more probably the ἕδνα were applied by the bride's friends, wholly or in part, to furnish her outfit and provide the wedding feast; and thus they were, so far at least, indirectly returned to the bridegroom's side (Merry and Riddell, ad loc.). In two other passages, however, referred to by the same editors and by Schömann (l. c.), ἕδνα may very well bear the usual sense: ὡς κ' αὐτὸς ἐεδνώσαιτο θύγατρα (Od. 2.53) may mean simply that he may give his daughter in marriage (in exchange for ἕδνα); and ἐεδνωταὶ κακοὶ (Il. 13.382) may be drivers of hard bargains (cf. συνώμεθα, agree, in the preceding line), not niggardly in giving back the ἕδνα.

We must hold with Aristotle that in the heroic age the purchase of wives was a reality, not, as Schömann thinks, a mere ceremonial survival. It does not follow that it was not usual for the family to give a woman a portion when she married; especially in the richer, i. e. mostly the royal and noble, classes. Andromache and Penelope are spoken of as ἄλοχοι πολύδωροι (Il. 6.394; Od. 24.294), or wives who brought many gifts to their husbands; other relatives and friends no doubt contributing presents in addition to the bride's portion from her father. These are called by the general name of δῶρα or gifts: there is no sufficient proof that the dowry so bestowed was also described by the same name of ἕδνα, as Schömann maintains; and the terms φερνὴ and προὶξ are undoubtedly post-Homeric. The μείλια offered by Agamemnon to Achilles are not specially wedding presents, as often incorrectly explained (Hesych. s. v. ἕδνα, and many moderns); but, as the etymology implies, soothing gifts, designed to propitiate the wrathful hero. If, on the death of the husband, the widow was not permitted by the heirs to remain in the house, the money she brought with her had to be refunded (Od. 2.132): On the other hand, it is reasonable to suppose that proved adultery on the part of the wife involved the return of the ἕδνα or purchase-money to her husband, though curiously enough the only authority for this is the mythical case of Hephaestos and Aphrodite (Od. 8.318). As was observed in ancient times, there is no direct mention of divorce in the Homeric poems.

At some time which cannot be determined, but which was undoubtedly earlier than the age of Solon, the dower in the modern sense arose, and the bride was portioned by her father or guardian (κύριος). In its origin this custom must have implied a return of the price paid; and conversely, during the period of transition from one system to the other, the father would doubtless regulate his demands with the view of indemnifying himself for the dowry to be expected when the marriage came off. Hence in lyric and tragic poetry we find ἕδνα used in the latter sense (Pind. O. 9.16; Eurip. Androm. 2, 153, 942). When Euripides (Eur. Med. 236) makes Medea complain, among the disadvantages of her sex, that they had to purchase husbands with great sums of money (χρημάτων ὑπερβολῇ), the Scholiast points out the anachronism; the poet is transferring to the heroic age the practice of his own time.

The Doric term for a portion was δωτίνη, and Müller (Dor. 3.10) observes that we know for certain that daughters in Sparta had originally no dower, but were married with a gift of clothes only; afterwards they were at least provided with money and other personal property (Plut. Lys. 30). But in the time of Aristotle (Pol. 2.9.15=p. 1270, 23), so great were the dowers given and so large the number of ἐπίκληροι, or female representatives of families (οἶκοι), that nearly two-fifths of the whole territory of Sparta had come into the possession of females. At Athens the terms (φερνὴ and προὶξ were probably (according to K. F. Hermann and his editor Blümner) at first distinguished; φερνὴ being the outfit or trousseau and the wedding presents which the bride brought to her husband; προὶξ the sum in money or realty which her father settled upon her (to use the modern expression), of which the husband had the usufruct, but for which, as we shall see, he had to give security. In aftertimes the words (φερνὴ and προὶξ were used indiscriminately; the Roman dos is usually rendered in Greek by (φερνή, whence parapherna, paraphernalia [DOSRoman]. The statement in Plutarch (Plut. Sol. 20) that the Athenian legislator did not allow a woman, unless she were an ἐπίκληρος, to have any (φερνὴ or dower except a few clothes and articles of furniture, must therefore be understood in the earlier sense of (φερνή, not as excluding any settlement of money upon her; though Plutarch no doubt took it in the later sense, and attributed to Athenian institutions a more Spartan simplicity than really belonged to them. In the orators we find that the dowers of women formed a considerable part of the taxable capital of the state (Boeckh, P. E. p. 514=Sthh.3 1.598); even with poor people they varied from ten to a hundred and twenty minae, and Isaeus says that no decent man would give his legitimate daughter less than a tenth of his property (Or. 3 [Pyrrh.], § 51). Hipparete, as the daughter of Hipponicus the richest man in Athens, brought Alcibiades ten talents on her marriage, with the promise of ten more on the birth of a child. Yet, according to Demosthenes, even five talents were more than was usually given even by wealthy men (c. Steph. 1. p. 1112.35; p. 1124.74). Dowries of five or ten talents in Lucian (Dial. Meretr. 7, p. 298, Reitz) and the comic poets must be ascribed, as Boeckh puts it, to the liberal donations of comedy. The daughters of Aristides received from the state, as a portion, only thirty minae each (Plut. Arist. 27; Aeschin. c. Ctes. § 258). We may observe, too, that a dowry was thought necessary to mark the distinction between a wife and a παλλακή: hence, persons who took portionless girls appear to have given their guardians a ὁμολογία προικός (Isae. l. c. § 35), or acknowledgment in writing by which the receipt of a portion was admitted, in proof of the legitimacy of the marriage. Compare the proverb νύμφη δ'ἄπροικος οὐκ ἔχει παρρησίαν (Menand. Monost. 371, Meineke). On gifts to παλλακαὶ themselves, see CONCUBINA(Greek). Moreover, poor heiresses (τῶν ἐπικλήρων ὅσαι θητικὸν τελοῦσιν were either married or portioned by their next of kin, according to a law which fixed the amount of portion to be given at five minae by a Pentacosiomedimnus, three by a Horseman, and one and a half by a Zeugites (Dem. c. Macart. p. 1068.54: cf. Ter. Phorm. 2.1, 75, 2.2, 62; EPICLEROS).

Some interesting light is afforded by inscriptions as to the practice in other less-known states. A long inscription of the Macedonian period recently discovered in Myconos gives a sort of marriage register of the island (Ἀθήναιον 2.235 ff. (1873); Hermes, 8.191 ff.; Bull. de Corr. hellén. 6.590). In one case we find that out of a dowry of 1300 drachmas 200 are to be in clothes (1. 4-7); in another, 300 εἰς ἐσθὴν (sic) out of 700 (50.17); in a third, 1000 drachmas equally divided between outfit and money; the highest figure given is 3500 and two female slaves (50.32). Another, from Tenos, is in the British Museum (printed in C. I. G. 2338). Land and houses form part of a dower in C. I. G.(add.) 2347 c; Ross, Inscr. Ined, p. 126; cf. Dittenberger in Hermes, 16.200 (1881). At Massilia in Strabo's time (4. p. 181) no higher dowry was allowed than 100 aurei in money, 5 in clothes and 5 in gold trinkets (Hermann-Blümner, Privatalterth. p. 262 f. ; Fränkel on Boeckh, n. 187).

The security exacted from the husband consisted generally of a piece of real property (ἔγγειος οὐσία), and was called ἀποτίμημα, the usual word for a mortgage (cf. L. and S. s. vv. ἀποτιμᾶν, ἀποτίμημα). Demosthenes, proceeding to levy execution on the house and lands of Aphobus, finds them mortgaged to Onetor, whose sister Aphobus had married and divorced, and who now, as her κύριος, holds them as security for her dowry: the young orator's case is, that mortgage and divorce are both fictitious, and that Aphobus and Onetor are really in collusion to keep him out of his estate (c. Onet. i. passim). The dowry would have to be accounted for in other cases besides those noticed under DIVORTIUMThus, if a husband died, and the wife left the family (ἀπέλιπε τὸν οἶκον), she might claim her portion even though children had been born (Dem. c. Boeot. de Dot. p. 1010.6); and in the event of the wife dying without issue, her portion reverted to her κύριοι (Isae. Or. 8 [Ciron.], § 8; Or. 3 [Pyrrh.], § 36). After the death of the wife, her portion belonged to her children, if she had left any; and if they were minors, the interest was set apart for their education and maintenance (Dem. op. cit. p. 1023 § 50; p. 1026.59). When the husband died before the wife, and she remained in the family (μενούσης ἐν τῷ οἴκῳ), the law appears to have given her portion to her sons, if of age; subject, however, to an allowance for her support (Id. c. Phaenipp. p. 1047.27). The actions for dowry and alimony (προικὸς καὶ σίτου), discussed elsewhere as they affected the husband [DIVORTIUM], lay also against the heirs (οἱ τὸν κλῆρον ἔχοντες) who wrongfully withheld her rights from the widow; and such actions would be brought by her guardians (Isae. Or. 3 [Pyrrh.] § 78; Hudtwalcker, Ueber die Diäteten, n. 84). We may add that a δίκη προικὸς was one of the ἔμμηνοι δίκαι or suits that might be tried every month (Pollux, 8.63, 101). Compare Schömann, Antiq. 1.516, E. T., and especially Att. Process, pp. 416-427 (=513-527 Lips.). [R.W] [W.W]

2. Roman

Dos (res uxoria) is everything brought to the husband, or to the husband's father (if the husband was in his father's power), on the part of the wife, as her contribution towards supporting the expenses of the marriage state (onera matrimonii).

The whole property of a married woman might be made dos, or only a part of it: that which was not made dos continued to be her own separate property, and was termed parapherna; over this the husband had no control.

The dos belonged during the marriage solely to the husband, although the wife had an interest in it. It might consist of property of any kind, i. e. of anything by which the substance of the husband could be increased; so rights in personam as well as rights in rem might belong to the dotal estate. The husband did not succeed to dos by way of universal succession, and consequently the transfer of dos had no effect on the relations of the wife to her creditors. It is a disputed point whether there could be dos properly so called, under the early system of marriage, by which the husband acquired manus over the wife; but the institution of dos in a distinct legal form belongs to the later marriage, in which the wife is capable of holding separate property.

It was the duty of the wife to provide her husband with dos, but this duty was only a natural one, i. e. she could not be legally compelled to fulfil it. A woman herself had a legal claim against certain persons, that they should provide her with a dos, viz. against her father and other paternal ascendants, and under exceptional circumstances against her mother.

Dos was divided into two kinds, dos profectitia and adventicia, a division which had reference to the source from which the dos was derived, and to the demand for its restitution after the purposes were satisfied for which it was given. That dos is profectitia which was given by the father or other paternal ascendant of the wife, whether she was in the power of such ascendant or not. All other dos is adventicia. The dos recepticia was a species of dos adventicia, and was given by some one other than a paternal ascendant, on condition that it should be restored to him on ;the death of the wife.

Dos is created (constituta) when the agreement to give it is entered into: the actual performance of the dotal agreement may take place immediately on the agreement being made (dotis datio), or after an interval.

Dotis dictio was an old form by which certain persons bound themselves to be answerable for dos (Ulp. 6.1); it became obsolete.

The ordinary mode of promising dos was by means of a stipulation (dotis promissio), but from the time of the Emperor Theodosius II. an informal promise of dos was legally binding, even though it were a mere pollicitatio or promise without an acceptance. (Cod. Theod. 3.13, 4; Cod. 3.11, 6.)

The husband was owner of the dos, and so had a right to the sole management of it, and to the fructus derived from it; but his power of alienation was to some extent limited. He could dispose freely of such parts of the dos as consisted of things movable; but the Lex Julia (de adulteriis) prevented him from alienating dotal land (fundus dotalis, dotalia praedia, Cic. ad Att. 15.2. 0; dotales agri, Hor. Ep. 1.6-21) without the wife's consent, or mortgaging it even with her consent (Gaius, 2.63 Inst. 2.8, pr.). The legislation of Justinian prevented alienation with the wife's consent, and it declared the law on the subject applicable to provincial land. A further legal protection of fundus dotalis consisted in the fact that it was incapable of being acquired by usucapion.

Dos is put an end to by the termination of the marriage for which it was created: whereupon the question arises as to the devolution of the property. If the marriage was dissolved by the death of the wife, her father or other paternal ascendant was entitled, before Justinian's change in the law, to recover the dos profectitia, unless it had been agreed in such case that the dos should belong to the husband; but if there were children of the marriage, the husband might deduct a portion on account of each child. (Ulp. Frag. 6.4: Frag. Vat. 108.) The dos adventicia, in case of the wife's death, became the absolute property of the husband, unless the person who gave it had stipulated that it should be returned to him (dos recepticia), but Justinian also changed the law on this point. According to his legislation the wife was as a rule entitled both to dos profectitia and adventicia in case the marriage was dissolved by the death of the husband; and if the marriage terminated by her own death, her claim to the dos devolved on her heredes. A paterfamilias who had endowed a filiafamilias was, however, allowed to recover what he had given, and the claim of the wife to the dos might be excluded by the express terms of the dotal agreement (Cod. 5.13, 1). In case of divorce the wife forfeited her claim to dos if the divorce was due to her misconduct; otherwise her rights were the same as when the marriage was terminated by death.

The dos could not as a rule be claimed during the marriage; but if the husband were insolvent or if he wasted the dos, it could be recovered by the wife. The husband could not restore the dos of his own accord during the marriage, since the wife was incapable of giving him a good discharge; but there were some exceptions to this rule, e. g. the dos might be given up for the purpose of paying the wife's debts, or in order to maintain or ransom from captivity near kinsfolk. The husband was bound to restore immovable things belonging to the dos, immediately on the dissolution of the marriage; movable and incorporeal things within a year. (Cod. 5.13, 1.7.)

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, 100.4), or other things of an exchangeable kind, the husband was bound to restore the like sum or quantity. If they were not of an exchangeable kind, he was bound to restore the same specific things. If the things cannot be restored, or cannot be restored uninjured, he must make good all loss or deterioration which has happened on account of his wilful acts or on account of such negligence as he is not in the habit of showing in his own affairs. The husband was entitled to be reimbursed for all necessary expenses (impensae necessariae): as, for instance, for necessary repairs of houses incurred by him in respect of the dotal property, and also for outlays which had improved the value of the property (impensae utiles). If things, whether immovable or movable, were valued when they were given to the husband, this was a species of sale, and the husband was looked on as holding the price of the things, and not the things themselves, as dos (dos aestimata).

The husband, or his heirs if he were dead, were liable to an actio ex stipulatu de dote reddenda, which was an action stricti juris, if there was an express agreement to restore, and by an actio rei uxoriae or dotis, which was an action bonae fidei, if there was no agreement. Justinian made the actoi ex stipulatu applicable in all cases, and did away with the actio rei uxoriae; at the same time he converted the actio ex stipulatu when brought on account of dos into a bonae fidei actio.

The wife might by agreement have a special security for dos, and in case of necessity she might compel the husband to give such security (Dig. 24, 3, 22.8), otherwise, previous to Justinian's change in the law, she was unsecured except in respect of fundus dotalis; but she had some privileges over her husband's other unsecured creditors. Justinian provided that on the dissolution of the marriage the ownership of dotal property should pass to the wife, with all the legal remedies for securing such parts of the dos as still existed; that all the husband's property should be under an implied pledge (tacita hypotheca) as a security for the dos; and that the wife, but she alone, should have a priority of claim on such property over all other creditors to whom the same might be pledged (Cod. 5.12, 30 ; Nov. 91, 1).

The allusions to dos and its restitution are numerous in Roman classical literature. The name by which the Greek writers designate the Roman dos is (φερνή. (Ulp. Fraq. vi. De Dotibus; Frag. Jur. Rom. Vatic. 94-122; Dig. 23, 3; Cod. 5.12; Hasse, Das Güterrecht, &100.1824; Tigerström, Das römische Dotalrecht, 1831, 1832; Bechmann, Das römische Dotalrecht, 1863; Czyhlarz, Das römische Dotalrecht, 1870.)

[G.L] [E.A.W]

Dos

A dowry. See matrimonium.