History of European Morals From Augustus to Charlemagne (Vol. 2 of 2)Lecky, William Edward Hartpole
Philosophy
History of European Morals From Augustus to Charlemagne (Vol. 2 of 2)
Lecky, William Edward Hartpole
Ethics; Europe -- Moral conditions
who were surrounded by swarms of sycophants and panders, and who often
lived in continual dread of assassination, plunged with the most reckless
and feverish excitement into every variety of abnormal lust. The reticence
which has always more or less characterised modern society and modern
writers was unknown, and the unblushing, undisguised obscenity of the
Epigrams of Martial, of the Romances of Apuleius and Petronius, and of
some of the Dialogues of Lucian, reflected but too faithfully the spirit
of their time.
There had arisen, too, partly through vicious causes, and partly, I
suppose, through the unfavourable influence which the attraction of the
public institutions exercised on domestic life, a great and general
indisposition towards marriage, which Augustus attempted in vain to arrest
by his laws against celibacy, and by conferring many privileges on the
fathers of three children.(609) A singularly curious speech is preserved,
which is said to have been delivered on this subject, shortly before the
close of the Republic, by Metellus Numidicus, in order, if possible, to
overcome this indisposition. “If, Romans,” he said, “we could live without
wives, we should all keep free from that source of trouble; but since
nature has ordained that men can neither live sufficiently agreeably with
wives, nor at all without them, let us consider the perpetual endurance of
our race rather than our own brief enjoyment.”(610)
In the midst of this torrent of corruption a great change was passing over
the legal position of Roman women. They had at first been in a condition
of absolute subjection or subordination to their relations. They arrived,
during the Empire, at a point of freedom and dignity which they
subsequently lost, and have never altogether regained. The Romans
recognised two distinct classes of marriages: the stricter, and, in the
eyes of the law, more honourable, forms, which placed the woman “in the
hand” of her husband and gave him an almost absolute authority over her
person and her property; and a less strict form, which left her legal
position unchanged. The former, which were general during the Republic,
were of three kinds—the “confarreatio,” which was celebrated and could
only be dissolved by the most solemn religious ceremonies, and was
jealously restricted to patricians; the “coemptio,” which was purely
civil, and derived its name from a symbolical sale; and the “usus,” which
was effected by the mere cohabitation of a woman with a man without
interruption for the space of a year. Under the Empire, however, these
kinds of marriage became almost wholly obsolete; a laxer form, resting
upon a simple mutual agreement, without any religious or civil ceremony,
was general, and it had this very important consequence, that the woman so
married remained, in the eyes of the law, in the family of her father, and
was under his guardianship, not under the guardianship of her husband. But
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