The Agreement to Marry

Anciently in Rome betrothals were made by the form of contract known as stipulation, but in later times the reciprocal promises of the man (sponsus) and the woman (sponsa) and of those, if any, under whose power (potestas) they were, were sufficient without any further ceremony, and without writing or witnesses. The consent of the betrothed and of the paterfamilias of each, if under power, and of the tutor and mother of one that was sui juris, was necessary.

In Latium an action for damages (actio ex sponsu) might be maintained for breach of promise to marry, but in Rome there seems to have been no such action. However, there was a custom in Rome to exchange presents (arrhce) at the time of the betrothal as earnest, such presents to be returned if the engagement was broken for good reason, or forfeited to the innocent party if broken without good reason. (Hunter, 695-696.)

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Rights and Duties of Parties

It was the duty of the landlord (locator) to deliver the property to the tenant (conductor) and to permit him to keep it for the time agreed upon. If the tenant was deprived of the property before the termination of his lease in consequence of the landlord's fault, the latter had to pay him full compensation (id quod interest). But if the landlord was not in fault, the tenant was entitled only to a remission of the rent. Thus, if a farm let to a tenant was confiscated, or a house burned, the tenant was entitled simply to remission of the rent. So in case of a chattel, if it was carried off by robbers, the hirer was released from payment for the unexpired term of the contract. If the lessor of a house determined to pull it down and rebuild it during the term, he had to pay the lessee compensation if the rebuilding was unnecessary, but if necessary, he was required simply to allow a remission of the rent. The landlord was also required to keep the property in good order
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Restraints on Manumission

There seems to have been originally no restraint upon the power of a master to free his slaves, but by the lex Aelia Sentia, enacted A. D. 4, certain restraints were imposed. The objects of this law seem to have been to protect the public against the creation of un- desirable citizens, to prevent fraud on creditors, and to protect the master against improvident manumissions.
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Modes of Becoming Slave

The principal modes by which a person might become a slave were by birth and by capture in war. These modes were recognized by the Jus Gentium. There were also several cases peculiar to the Jus Civile in which persons were reduced to slavery as a punishment for wrong doing.
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