The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
In all that concerns marriage ancient Rome singularly resembles
ancient Greece.[710] Her customs and regulations regarding the wife
were at first of a savage atrocity. The term adulterer begins by being
applied to the woman alone, and the law of the Ten Tables arraigned
the guilty wife before the domestic tribunal; she was condemned and
executed by the relatives themselves--_Cognati necanto uti volent_.
Family tribunals continued to exist during the whole period of the
republic, and even later, concurrently with the law _Julia_; but
customs softened, and death was commuted to banishment to two hundred
miles from Rome at the least, with the obligation of wearing the toga
of the courtesan. The _flagrante delicto_ naturally authorised the
husband to kill the wife on the spot;[711] as for the lover, he could
keep him, torture him, mutilate him, _raffanise_ him (I dare not give
the sense of this picturesque word), and deliver him to the ferocious
lubricity of his slaves. Law and public opinion authorised the husband
to fleece the surprised lover, and thus torture could be made a means
of extorting money from him.
The _Lex Julia_, enacted either by Julius Cæsar or Augustus, attempted
a reform of morals. By the terms of this law, which was in force till
the time of Justinian, the husband could not kill his wife, taken in
adultery, without being punished as a murderer. Neither could he put
the lover to death unless he were a slave, a go-between (_leno_), a
comedian, or a freed man of the husband or of the family. But the
husband could hold him prisoner twenty hours in order to procure
witnesses. The father had more extensive rights than the husband; he
was authorised, in case of _flagrante delicto_, to kill his daughter
and her lover, but he was to kill them both, and immediately. However,
to enable him to act thus as justiciary, he must have the _potestas_
still, and the crime must have been committed in his house, or in
that of his son-in-law. The _Lex Julia_ punishes the adulterous man
by the confiscation of the half of his goods; it decrees the same
punishment for the woman, and, besides, forbids her to marry after
the repudiation, which was obligatory for the husband. The latter was
obliged even to drive away his wife at once for fear of being called
a go-between. This same _Lex Julia_ made adultery a public crime
which every citizen could bring before the tribunals, and it punished
with the sword the adulterous man.[712] By degrees, and towards the
Christian epoch, the legislation relative to adultery was amended.
Public-domain text, read in full here on John Shaqi.
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