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
It is necessary to dwell upon such considerations as these, if we would
understand the legislation of the Pagan Empire or the changes that were
effected by Christianity. The legislators of the Empire distinctly
recognised these connections, and made it a main object to authorise,
dignify, and regulate them. The unlimited licence of divorce practically
included them under the name of marriage, while that name sheltered them
from stigma, and prevented many of the gravest evils of unauthorised
unions. The word concubine also, which in the Republic had the same
signification as among ourselves, represented in the Empire a strictly
legal union—an innovation which was chiefly due to Augustus, and was
doubtless intended as part of the legislation against celibacy, and also,
it may be, as a corrective of the licentious habits that were general.
This union was in essentials merely a form of marriage, for he who, having
a concubine, took to himself either a wife or another concubine, was
legally guilty of adultery. Like the commonest form of marriage, it was
consummated without any ceremony, and was dissoluble at will. Its
peculiarities were that it was contracted between men of patrician rank
and freedwomen, who were forbidden by law to intermarry; that the
concubine, though her position was perfectly recognised and honourable,
did not share the rank of her partner, that she brought no dowry, and that
her children followed her rank, and were excluded from the rank and the
inheritance of their father.(761)
Against these notions Christianity declared a direct and implacable
warfare, which was imperfectly reflected in the civil legislation, but
appeared unequivocally in the writings of the Fathers, and in most of the
decrees of the Councils.(762) It taught, as a religious dogma, invariable,
inflexible, and independent of all utilitarian calculations, that all
forms of intercourse of the sexes, other than lifelong unions, were
criminal. By teaching men to regard this doctrine as axiomatic, and
therefore inflicting severe social penalties and deep degradation on
transient connections, it has profoundly modified even their utilitarian
aspect, and has rendered them in most countries furtive and disguised.
There is probably no other branch of ethics which has been so largely
determined by special dogmatic theology, and there is none which would be
so deeply affected by its decay.
Public-domain text, read in full here on John Shaqi.
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