The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
In the age of Cæsar, the Roman family is no longer what it was at
first. Laws, usages, ideas, all are changed; and everything is moving
onward to a still more radical transformation. The _jus gentium_
seems to have become identical with the more rigorous _jus civile_.
The _fideicommissum_ has almost the force of a testament in solemn
form, and has become part, as it were, of the _jus civile_; _verbal
contract_, the ancient _stipulatio_, once so hampered by formulas, is
grown so flexible as to resemble a contract under the _jus gentium_.
But the greatest change of all has taken place in the family. The
domestic hearth is no longer the household sanctuary. The _Atrium_ is
transformed into an open courtyard, enlivened with flowers and limpid
fountains, ornamented with gilded busts and statues, often of an
obscene character. Sacrifices are no longer offered there to the gods
amid the stillness and purity of domestic and religious affection; it
now serves the enriched and corrupt patrician as a place of reception
for his numerous friends and clients. The family of former days, once
almost a State within the State, is now dissolved, and, as it were,
swallowed up by the political power. The agnates no longer cleave
together, the domestic tribunal has either lost its strength or has
entirely disappeared. Paternal authority, though less absolute, is
more oppressive, being no longer in harmony with the changed customs.
If a father disinherits his son, the judge cancels the will. Should he
refuse consent to his son's marriage, the State compels him to grant
it; should he punish his son with death, the emperor sends him into
exile; he cannot ill-use even his slaves without being punished by
the law, for the law has grown moral as manners become more corrupt.
By gradual degrees woman escapes from tutelage, and from _manus_, and
ultimately attains her independence. But the more she is emancipated
from her family and relations, the greater becomes her subjection
to the State. In her new independence she incurs new disabilities,
no longer resulting from her position as daughter or wife, but from
the fact of her sex, disabilities no longer imposed in the interest
of the family, but created as a protection for her infirmity. This
explains how it was that the lawyers of later days were mistaken as to
the significance of the old law touching the _tutela_ of woman. The
wife's dowry is guaranteed to her more and more strictly, until it
finally becomes her almost inseparable property. It must neither be
alienated nor diminished. On her becoming a widow, being divorced, or
returning to the paternal roof, she remains absolute mistress of it. A
husband who surprises his wife in adultery can no longer--hiding his
dishonour within his own walls--judge and put her to death with the
consent of the domestic tribunal. He must now leave the State to avenge
his wrongs, and must resort to the courts, even though seeking only
minor penalties.