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.
Insufficient remedies followed with distant and tardy steps the rapid
progress of the evil. The ancient worship of the Romans afforded a
peculiar goddess to hear and reconcile the complaints of a married life;
but her epithet of _Viriplaca_, the appeaser of husbands, too clearly
indicates on which side submission and repentance were always expected.
Every act of a citizen was subject to the judgment of the _censors_; the
first who used the privilege of divorce assigned, at their command, the
motives of his conduct; and a senator was expelled for dismissing his
virgin spouse without the knowledge or advice of his friends. Whenever
an action was instituted for the recovery of a marriage portion,
the _prtor_, as the guardian of equity, examined the cause and the
characters, and gently inclined the scale in favor of the guiltless
and injured party. Augustus, who united the powers of both magistrates,
adopted their different modes of repressing or chastising the license
of divorce. The presence of seven Roman witnesses was required for the
validity of this solemn and deliberate act: if any adequate provocation
had been given by the husband, instead of the delay of two years, he was
compelled to refund immediately, or in the space of six months; but
if he could arraign the manners of his wife, her guilt or levity
was expiated by the loss of the sixth or eighth part of her marriage
portion. The Christian princes were the first who specified the just
causes of a private divorce; their institutions, from Constantine to
Justinian, appear to fluctuate between the custom of the empire and
the wishes of the church, and the author of the Novels too frequently
reforms the jurisprudence of the Code and Pandects. In the most rigorous
laws, a wife was condemned to support a gamester, a drunkard, or a
libertine, unless he were guilty of homicide, poison, or sacrilege, in
which cases the marriage, as it should seem, might have been dissolved
by the hand of the executioner. But the sacred right of the husband was
invariably maintained, to deliver his name and family from the disgrace
of adultery: the list of _mortal_ sins, either male or female, was
curtailed and enlarged by successive regulations, and the obstacles of
incurable impotence, long absence, and monastic profession, were
allowed to rescind the matrimonial obligation. Whoever transgressed the
permission of the law, was subject to various and heavy penalties. The
woman was stripped of her wealth and ornaments, without excepting the
bodkin of her hair: if the man introduced a new bride into his bed,
_her_ fortune might be lawfully seized by the vengeance of his exiled
wife. Forfeiture was sometimes commuted to a fine; the fine was
sometimes aggravated by transportation to an island, or imprisonment in
a monastery; the injured party was released from the bonds of marriage;
but the offender, during life, or a term of years, was disabled from
the repetition of nuptials.
Public-domain text, read in full here on John Shaqi.
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