History of the Decline and Fall of the Roman Empire — Volume 4Gibbon, Edward
History
History of the Decline and Fall of the Roman Empire — Volume 4
Gibbon, Edward
Byzantine Empire -- History -- To 527; Rome -- History -- Empire, 30 B.C.-476 A.D.
Besides the agreement of the parties, the essence of every rational
contract, the Roman marriage required the previous approbation of the
parents. A father might be forced by some recent laws to supply the
wants of a mature daughter; but even his insanity was not gradually
allowed to supersede the necessity of his consent. The causes of the
dissolution of matrimony have varied among the Romans; but the most
solemn sacrament, the confarreation itself, might always be done away by
rites of a contrary tendency. In the first ages, the father of a family
might sell his children, and his wife was reckoned in the number of his
children: the domestic judge might pronounce the death of the offender,
or his mercy might expel her from his bed and house; but the slavery of
the wretched female was hopeless and perpetual, unless he asserted for
his own convenience the manly prerogative of divorce. The warmest
applause has been lavished on the virtue of the Romans, who abstained
from the exercise of this tempting privilege above five hundred years:
but the same fact evinces the unequal terms of a connection in which the
slave was unable to renounce her tyrant, and the tyrant was unwilling
to relinquish his slave. When the Roman matrons became the equal and
voluntary companions of their lords, a new jurisprudence was introduced,
that marriage, like other partnerships, might be dissolved by the
abdication of one of the associates. In three centuries of prosperity
and corruption, this principle was enlarged to frequent practice and
pernicious abuse. Passion, interest, or caprice, suggested daily motives
for the dissolution of marriage; a word, a sign, a message, a letter,
the mandate of a freedman, declared the separation; the most tender
of human connections was degraded to a transient society of profit
or pleasure. According to the various conditions of life, both
sexes alternately felt the disgrace and injury: an inconstant spouse
transferred her wealth to a new family, abandoning a numerous, perhaps
a spurious, progeny to the paternal authority and care of her late
husband; a beautiful virgin might be dismissed to the world, old,
indigent, and friendless; but the reluctance of the Romans, when they
were pressed to marriage by Augustus, sufficiently marks, that the
prevailing institutions were least favorable to the males. A specious
theory is confuted by this free and perfect experiment, which
demonstrates, that the liberty of divorce does not contribute to
happiness and virtue. The facility of separation would destroy all
mutual confidence, and inflame every trifling dispute: the minute
difference between a husband and a stranger, which might so easily be
removed, might still more easily be forgotten; and the matron, who in
five years can submit to the embraces of eight husbands, must cease to
reverence the chastity of her own person.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account