The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
As is natural, we also meet with the same phenomena in the history of
the family, from which the civil law is to a great extent derived.
In fact, whoever contemplates the primitive Roman family, at once
recognises it as the basis upon which the future juridical and
political greatness of Rome was erected. The family is sacred; the
father is absolute master of the goods, the liberty and the life
both of his wife and of his children. He is priest, judge, supreme
arbiter: wife, children, and grandchildren form with him a single
joint society, one legal entity of which he is the representative. The
woman may be bartered away, killed, or sold in execution; freed by
marriage from the despotic control of her father, she at once falls
under that of her husband; her legal incapacity lasts through her
whole life. But primitive customs so temper this harsh law that we find
no other people of antiquity so observant of the sanctity of family,
or showing so much respect to woman. Matrimony is styled "consortium
omnis vitæ, divini et humani iuris communicatio." Divorce on the part
of the husband (_repudium_) is not forbidden by law, but any man who
repudiates his wife is dishonoured by the Censor, excommunicated by the
priest, and for a period of five centuries few cases of repudiation are
recorded. In ancient Greece some traces of oriental polygamy are still
discernible, but in Italy monogamy is coeval with Rome itself. Natural
children, as such, never rank as members of the family, but they may
be legitimated. Adoption is a solemn act, the moral propriety of which
is referred to the decision of the pontifex, as the guardian of the
sanctity of the family, and is thus submitted to the popular sanction.
The woman is never seen in places of public resort, nor does she attend
popular gathering; but within doors she is _domina_, and the husband
addresses her by that title. The _Atrium_ is the centre and sanctuary
of the house. Here relations, friends, and strangers meet together;
here stand the domestic hearth, the altar dedicated to the _Lares_, and
all those objects which the family holds sacred: the nuptial coach,
the ancestral likenesses moulded in wax from the faces of the dead,
the matron's rock and spindle, the chest containing the household
records and monies. All these possessions are entrusted to the care and
superintendence of the mother of the family, who, together with her
husband, sacrifices to the gods and assists him in the management of
the common patrimony: she directs all domestic work, and watches over
the education of her children. In the annals and legends of Rome the
name of some heroine, such as Virginia or Lucretia, is indissolubly
linked with the chief glories of the Eternal City. It is not so in
Greece. In instituting and sanctifying the family, the Romans laid the
foundation-stone of the Capitol. But to maintain this primitive nucleus
of Roman society firm and compact, the law must always watch with