A History of Matrimonial Institutions, Vol. 2 of 3 — John Shaqi
A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
But the character of the law was very far
from being its sole, or even its primary, cause. "In a purer state
of public opinion," well observes Lecky, "a very wide latitude of
divorce might probably have been allowed to both parties, without
any serious consequences. The right of repudiation which the husband
had always possessed was, as we have seen, in the Republic never
or very rarely exercised. Of those who scandalised good men by the
rapid recurrence of their marriages, probably most, if marriage had
been indissoluble, would have refrained from entering into it....
A vast wave of corruption had flowed in upon Rome, and under any
system of law it would have penetrated into domestic life. Laws
prohibiting all divorce have never secured the purity of married
life in ages of great corruption, nor did the latitude which was
accorded in imperial Rome prevent the existence of a very large
amount of female virtue."[28] Nor, it may be added, does it appear
that the family life of the people at large, notably that of the
middle classes in the provinces, was seriously tainted by the
social corruption of the capital, where all the causes of moral
degeneration were especially active.
[Footnote 22: GLASSON, _op. cit._, 176, 178. Poisoning became a
frequent substitute for divorce, especially where marriage by
_confarreatio_ had been contracted: _ibid._, 177; WOOLSEY, _op.
cit._, 42, 43.]
[Footnote 23: AULUS GELLIUS, _Noctes atticae_, I, 6.]
[Footnote 24: "We find Cicero repudiating his wife Terentia,
because he desired a new dowry; Augustus compelling the husband
of Livia to repudiate her when she was already pregnant, that he
might marry her himself; Cato ceding his wife, with the consent
of her father, to his friend Hortensius, and resuming her after
his death; Mæcenas continually changing his wife; Sempronius
Sophus repudiating his wife, because she had once been to the
public games without his knowledge; Paulus Æmilius taking the
same step without assigning any reason, and defending himself
by saying, 'My shoes are new and well made, but no one knows
where they pinch me.'... Christians and Pagans echoed the same
complaint. According to Tertullian 'divorce is the fruit of
marriage.' Martial speaks of a woman who had already arrived at
her tenth husband; Juvenal, of a woman having eight husbands in
five years. But the most extraordinary recorded instance of this
kind is related by St. Jerome, who assures us that there existed
at Rome a wife who was married to her twenty-third husband, she
herself being his twenty-first wife."--LECKY, _Hist. of European
Morals_, II, 306, 307, who cites the authorities in the margin.
For other illustrations see WOOLSEY, _op. cit._, 39-49; THWING,
_The Family_, 36 ff.]
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