1Florentinus, Institutes, Book III. A betrothal is the mention and promise of a marriage to be celebrated hereafter.

2Ulpianus, On Betrothals. “Betrothal” is derived from the word “promise,” for it is customary among the ancients to stipulate and promise wives to one another.

3Florentinus, Institutes, Book III. From this source the term betrothed, applicable to both sexes, is derived.

4Ulpianus, On Sabinus, Book XXXV. Mere consent is sufficient to contract a betrothal. 1It is settled that parties who are absent can be betrothed, and this takes place every day.

5Pomponius, On Sabinus, Book XVI. Provided that the absent parties are aware of the betrothal, or that they subsequently ratify it.

6Ulpianus, On Sabinus, Book XXXVI. If the guardians of a girl send a notice of the termination of a betrothal, I do not think that this will be sufficient to destroy the expectation of marriage, any more than it would be sufficient, of itself, to establish it; unless all this is done with the consent of the girl.

7Paulus, On the Edict, Book XXXV. In case of a betrothal, it makes no difference whether witnesses are present, or whether the party makes a verbal promise. 1In betrothals, the acquiescence of those persons who must consent to the marriage is required. Julianus says that the father is always understood to consent, unless it is clear that he refuses to do so.

8Gaius, On the Provincial Edict, Book XI. It is perfectly evident that insanity is an impediment to betrothal, but if it occurs afterwards, it will not annul it.

9Ad Dig. 23,1,9Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 82, Note 14.Ulpianus, On the Edict, Book XXXV. Inquiry is made by Julianus whether a marriage contracted before the twelfth year takes the place of a betrothal. I have always approved the opinion of Labeo, who held that if a betrothal had preceded a marriage, it would still continue to exist, even after the girl had begun to live with her husband; but if it had not been contracted previously, and the girl had been brought to the house of her husband, the betrothal could not be considered to have been made. Papinianus also concurs in this opinion.

10The Same, Disputations, Book III. Where a daughter is under the control of her father, he can send a notice to her affianced, annulling the betrothal; but if she has been emancipated, he can neither do this, nor bring an action for property given by way of dowry, because the daughter herself, by marriage, constitutes the dowry, and extinguishes the right to recover the same which results from the fact that the marriage has not been consummated; unless it may suggest that the father gave the dowry in behalf of his emancipated daughter, under the condition that if he should not consent to the marriage, and, indeed, whether the marriage was contracted or not, he could recover what he gave; he will then be entitled to a personal action for its recovery.

11Julianus, Digest, Book XVI. A betrothal, like a marriage, is. made with the consent of the contracting parties, and therefore, as in the case of marriage, a son under paternal control must agree to it.

12Ulpianus, On Betrothals. A girl who evidently does not resist the will of her father is understood to give her consent. 1A daughter is only permitted to refuse to consent to her father’s wishes, where he selects someone for her husband who is unworthy on account of his habits or who is of infamous character.

13Paulus, On the Edict, Book V. Where a son under paternal control refuses his consent, a betrothal cannot take place, so far as he is concerned.

14Modestinus, Differences, Book IV. In contracting a betrothal, there is no limit to the age of the parties, as is the case in marriage. Wherefore, a betrothal can be made at a very early age, provided what is being done is understood by both persons, that is to say, where they are not under seven years of age.

15The Same, Selected Cases. A guardian cannot himself marry his own ward, nor can he unite her in marriage with his son. It must be noted, however, that although we are treating of marriage, this rule also applies to betrothals.

16Ulpianus, On the Lex Julia et Papia, Book III. A Rescript of the Emperors Antoninus and Commodus which forbade Senators to marry certain persons, did not mention anything with reference to betrothals; still, it is properly held that betrothals made under such conditions are void by operation of law; in order to supply what is lacking in the Rescript.

17Gaius, On the Lex Julia et Papia, Book I. Just and necessary reasons often exist for protracting a betrothal, for one, two, three, or four years, and even for a longer time; as, for instance, the illness of either of the parties, the death of their parents, accusations of capital crimes, or long journeys made through necessity.

18Ulpianus, On the Edict, Book VI. It makes little difference, in the contracting of betrothals, whether this is done by the parties in the presence of one another, or by means of an intermediary, or in writing, or in some other way; and very frequently the conditions of marriages are settled by the agency of others than those chiefly interested.