CHAPTER V.

ATHENIAN WOMEN.

We come now to the Athenians. The phenomenon that presents itself here

is as peculiar and striking as anything we have yet examined. In Athens

we find two classes of women who were not slaves. There was one class

who could scarcely move a step from their own rooms, and who were

watched and restricted in every possible way. There was another class

on whom no restrictions whatever were laid, who could move about and do

whatever seemed good in their own eyes. And the unrestricted would, in

all probability, have exchanged places with the restricted, and many of

the restricted envied the freedom of the other members of their sex. We

proceed to the explanation of this phenomenon.

First of all the ancient idea of a State has to be firmly kept in mind.

The ancient Greeks did not dream, as we have said, of any political

constitution more extensive than a city. Athens was the largest of

these city-States in Greece, and yet it probably never numbered more

than thirty thousand citizens. These citizens, according to the Greek

idea, were all connected by ties of blood more or less distant; they

all had the same divine ancestor; they all worshipped the same gods

in the same temples, and they possessed many rights, properties,

and privileges in common. It was therefore of supreme importance

that in the continuation of the State only true citizens should be

admitted, and, accordingly, the general principle was laid down that

none could become citizens but those whose fathers and mothers had

been the children of citizens. From this it followed that the utmost

care should be taken that no spurious offspring should be palmed upon

the State. The women could not be trusted in this matter to their

own sense of propriety. It was natural for a woman to love. Even men

were powerless before irresistible love, and much less self-control

could be expected from weak women. Means must therefore be devised to

prevent the possibility of anything going wrong, and, accordingly, the

citizen-women had special apartments assigned to them, generally in the

upper story, that they might have to come downstairs, and men might

see them if they ventured out. Then they were forbidden to be present

at any banquet. The men preferred to dine by themselves, rather than

expose their wives to their neighbour’s gaze. And in order to defy all

possibility of temptation, the women must wrap up every part of their

bodies. In addition to these external arrangements, laws were passed

such as might deter the most venturesome.

A citizen-woman could have almost[41] no other association with a

citizen than marriage. The most transient forcible connexion imposed

the duty of marriage, or was followed by severe penalties. And she

could not marry any but a citizen. Association with a stranger never

could become a marriage. And after she was married, infidelity was

punished with the most terrible disgrace. Her husband was compelled to

send her away. No man could marry her again; for if any one ventured

on such a course, he was thereby disfranchised. She was practically

expelled from society and excommunicated. If she appeared in a temple,

any one could tear her dress off, and maltreat her to any extent with

impunity, provided he stopped short of killing her. Her accomplice also

might be put to death if the husband caught him. Restrictions of the

most stringent nature and punishments the most terrible were employed

to keep the citizenship pure. To help further to realize the position

of the Athenian wife, we have to add that she was generally married

about the age of fifteen or sixteen. Up to this time she had seen and

heard as little as possible, and had inquired about nothing.[42] Her

acquaintance with the outside world had been made almost exclusively

in religious processions. “When I was seven years of age” say the

chorus of women in the ‘Lysistrata,’[43] “I carried the mystic box

in procession; then when I was ten I ground the cakes for our patron

goddess, and then, clad in a saffron-coloured robe, I was the bear

at the Brauronian festival; and I carried the sacred basket when I

became a beautiful girl.” Such were the great external events in the

life of a high-born Athenian maid. When she married, her life was not

much more varied. Her duties lay entirely within the house. They were

summed up in the words, “to remain inside and to be obedient to her

husband.” She superintended the female slaves who carded the wool; she

made, or assisted in making the garments of her husband and children;

she had charge of the provisions; and she was expected to devote some

time to the infants. If she went out at all, it was to some religious

procession or to a funeral, and if old she might occasionally visit a

female friend and take breakfast with her, or help her in some hour of

need. For the discharge of the duties which fell to an Athenian woman

no great intellectual power was needed, and accordingly the education

of girls was confined to the merest elements.

Such was the treatment of Athenian women. What were the results? One

can easily perceive that there was very little of love-making before

marriage. A girl of thirteen or fourteen preparing for a life of

sewing, spinning, provision-getting, and child-nursing is not generally

an object of much attraction to grown-up men. The romantic element is

decidedly deficient. And then, even if there had been some romantic

element, the young men had no opportunities of free intercourse.

Accordingly matches were managed to a large extent by old women, who

were allowed to go from house to house, and who explained to the young

woman the qualities of the young man and to the young man the qualities

of the young woman. A marriage concluded in such a way might or might

not be happy, but there could be little ideal love about it. Nor is

there any reason to believe that the Athenians were very fond of their

wives. They liked them if they managed their houses economically, and

had healthy children, especially sons. But they were absent from them

the most part of the day; they did not discuss with them subjects of

the highest moment; they did not share with them their thoughts and

aspirations. The domestic sentiment was feeble: this comes out in

various ways. One instance will suffice. Sophocles[44] presents one

of his characters as regretting the loss of a brother or sister much

more than that of a wife. If the wife dies you can get another, but if

a brother or sister dies, and the mother is dead, you can never get

another brother or sister. The one loss is easily reparable, the other

is irreparable.

This state of matters had a powerful effect on the wives. Many of

them consoled themselves in their loneliness with copious draughts of

unmixed wine. They often made assignations through their slaves, and

were fond of stealing out of the house whenever they could find an

opportunity. And faithlessness, though the punishment was so terrible,

was not uncommon. In fact their human nature could not bear the strain

laid upon it. No doubt there were many among them who were good and

faithful wives, and we must not always judge Southern girls by our

Northern constitutions of body and soul. I have known a Greek girl who

attained to peerless beauty before she was fourteen. Every feature was

perfect, her dark eyes twinkled at one time with the wildest merriment,

at another gazed with a strange and weird-like melancholy as if into

infinite darkness. She could speak fluently four languages, and she had

read largely in the literatures of each. And when I came upon her in

her sad melancholy moods, she would tell me that she was puzzled with

the mystery of life, and was wondering what it all meant. I have no

doubt there were many such girls in old Athens, and many an Athenian

wife could discuss the highest subjects with her husband. In fact,

it is scarcely possible to conceive that such a marvellous crop of

remarkable men, renowned in literature and art, could have arisen if

all the Athenian mothers were ordinary housewives. But circumstances

certainly were exceedingly unfavourable to them; and though there

never was in the history of the world such a numerous race of great

thinkers, poets, sculptors, painters, and architects, in one city at

one time as in Athens, not one Athenian woman ever attained to the

slightest distinction in any one department of literature, art, or

science. “Great,” says Pericles, in the famous funeral oration which

Thucydides[45] puts into his mouth, “is the glory of that woman who is

least talked of among the men, either in the way of praise or blame.”

And this glory the Athenian women attained to perfection.

We pass from the citizen-women of Athens to the other class of free

women--the strangers. A stranger had no rights or privileges in any of

the ancient States. Any justice that he might obtain could be gained

only by the friendly services of some citizen. If this was true of

the man-stranger, it was also true of the woman-stranger. She was not

entitled to the protection of the city-State. No laws were made for

her benefit. She had to look after her own interests herself or get

some man to do it for her by her own arts of persuasion. The one object

that the State kept before it in regard to these stranger-women was

to see to it that they did not in any way corrupt the purity of the

citizen blood. The statesmen thought that great dangers might arise

from their presence in a community. Political peril might threaten

the very existence of the State if strangers, with strange traditions

and foreign interests, were to take even the slightest part in the

management of public affairs. And the gods might be fearfully insulted,

and inflict dreadful vengeance, if any one of these stranger-women

were to find her way into the secret recesses of ancestral worship and

perform some of the sacred functions which only the citizen-women could

perform. The Spartans accordingly did not permit any strangers, male or

female, to reside in their city. These strangers might come to certain

festivals for a few days, but the period of their stay was strictly

limited.

Athens pursued a different policy. She was a commercial city. She was

at the head, and ultimately ruler, of a larger confederacy of Greek

States which sent their taxes to her. Besides, the city itself was full

of attractions for the stranger, with its innumerable works of art, its

brilliant dramatic exhibitions, its splendid religious processions,

its gay festivals, its schools of philosophy, and its keen political

life. Athens could not exclude strangers. It had, therefore, to take

the most stringent precautions that this concourse of strangers should

not corrupt the pure citizen blood. Accordingly, laws were enacted

which prohibited any citizen-man from marrying a stranger-woman or

any stranger-man from marrying a citizen-woman. If the stranger-man

or woman ventured on such a heinous offence any one could inform

against him or her. The culprit was seized, all his or her property was

confiscated, and he or she was sold into slavery. The citizen-man or

woman involved in such an offence had to suffer very severe penalties.

The stranger-women, therefore, could not marry. Marriage was the only

sin that they could commit politically in the eye of an Athenian

statesman. They might do anything else that they liked.

Now it is not conceivable that in such circumstances a numerous class

of women would betake themselves to perpetual virginity. If any one

had propounded such a sentiment the Greek mind would have recoiled

from it as unnatural, and plainly contrary to the will of the gods.

And accordingly these women might form any other connexions with men,

temporary or permanent, except marriage, and the Greek saw nothing

in this but the ordinary outcome of human nature under the peculiar

circumstances of the case. Besides, in Athens a special sphere lay open

for them to fill. The citizen-women were confined to their houses,

and did not dine in company with the men. But the men refused to

limit their associations with women to the house. They wished to have

women with them in their walks, in their banquets, in their military

expeditions. The wives could not be with them then, but there was no

constraint on the stranger-women. The Greek men did not care whether

the offspring of stranger-women was pure or not. It mattered not either

to the State or to religion. There was no reason for confining them.

And accordingly they selected these stranger-women as their companions,

and “Hetaira,” or companion, was the name by which the whole class

was designated. Thus arose a most unnatural division of functions

among the women of those days. The citizen-women had to be mothers

and housewives--nothing more; the stranger-women had to discharge the

duties of companions, but remain outside the pale of the privileged and

marriageable class. These stranger-women applied their minds to their

function, with various ideas of it, and various methods. Many adopted

the lowest possible means of gaining the good-will of men; but many set

about making themselves fit companions for the most intellectual and

most elevated among men.

They were the only educated women in Athens. They studied all the

arts, became acquainted with all new philosophical speculations, and

interested themselves in politics. Women who thus cultivated their

minds were sure to gain the esteem of the best men in Greece. Many of

them also were women of high moral character, temperate, thoughtful,

and earnest, and were either unattached or attached to one man,

and to all intents and purposes married. Even if they had two or

three attachments, but behaved in other respects with temperance and

sobriety, such was the Greek feeling in regard to their peculiar

position, that they did not bring down upon themselves any censure from

even the sternest of Greek moralists. One of these women[46] came to

Athens when Socrates was living, and he had no scruple in conversing

with her on her art, and discussing how she could best procure true

friends. And, in fact, these were almost the only Greek women who

exhibited what was best and noblest in woman’s nature. One of these,

Diotima of Mantinea,[47] must have been a woman of splendid mind, for

Socrates speaks of her as his teacher in love, when he gives utterance,

in the ‘Symposium,’ to the grandest thoughts in regard to the true

nature and essence of divine and eternal beauty.

Almost every one of the great men of Athens had such a companion,

and these women seem to have sympathized with them in their high

imaginations and profound meditations. Many of them were also

courageously true to their lovers. When the versatile Alcibiades had

to flee for his life, it was a “companion” that went with him,[48]

and, being present at his end, performed the funeral rites over him.

But of all these women there is one that stands prominently forward

as the most remarkable woman of antiquity, Aspasia of Miletus. We

do not know what circumstance induced her to leave her native city

Miletus. Plutarch[49] suggests that she was inflamed by the desire

to imitate the conduct of Thargelia, another Milesian, who gained a

position of high political importance by using her persuasive arts on

the Greeks whom she knew, to win them over to the cause of the King

of Persia. This may have been the case, but a good deal that is said

about Aspasia must be received with considerable scepticism. Like

Sappho, she became the subject of comedies, but, unlike Sappho, she was

bitterly attacked by the comic poets and others during her lifetime.

The later Greek writers were in the habit of setting down the jests of

the comic writers as veritable history, and modern commentators and

historians have not been entirely free from this practice. Whatever

brought her to Athens, certain it is that she found her way there,

and became acquainted with the great statesman Pericles. She made a

complete conquest of him. He was at the time married, but there was

incompatibility of temper between him and his wife. Pericles therefore

made an agreement with his wife to have a divorce, and get her married

to another, and so they separated to the satisfaction of both. He

then took Aspasia as his companion, and there is no good reason for

supposing that they were not entirely faithful to each other, and

lived as husband and wife till death separated them. Of course husband

and wife they could not be according to Athenian law, but Pericles

treated her with all the respect and affection which were due to a

wife. Plutarch tells us, as an extraordinary trait in the habits of a

statesman who was remarkable for imperturbability and self-control,

that he regularly kissed Aspasia when he went out and came in.

Her house became the resort of all the great men of Athens. Socrates

was often there. Phidias and Anaxagoras were intimate acquaintances,

and probably Sophocles and Euripides were in constant attendance.

Indeed, never had any woman such a _salon_ in the whole history

of man. The greatest sculptor that ever lived, the grandest man of all

antiquity, philosophers and poets, sculptors and painters, statesmen

and historians, met each other and discussed congenial subjects in her

rooms. And probably hence has arisen the tradition that she was the

teacher of Socrates in philosophy and politics, and of Pericles in

rhetoric.[50] Her influence was such as to stimulate men to do their

best, and they attributed to her all that was best in themselves.

Aspasia seems especially to have thought earnestly on the duties and

destiny of women. The cultivated men who thronged her assemblies had

no hesitation in breaking through the conventionalities of Athenian

society, and brought their wives to the parties of Aspasia, and she

discussed with them the duties of wives. She thought that they should

strive to be something more than mere mothers and housewives. She urged

them to cultivate their minds, and be in all respects fit companions

for their husbands. Unfortunately we know very little more. Did she

come to any definite conclusion as to the functions of woman? It is

difficult to say. The hints are very obscure. But in all probability

the conclusion to which she came was that neither man nor woman can

adequately perform their mission in life separately, that a man can

never do his best without the inspiration and support of a congenial

woman, and that woman should seek her work in vigorous and sympathetic

co-operation with some congenial man. Probably Plato has put into

the mouth of Aristophanes the sentiments which the philosopher had

heard often in the Socratic circles, which regarded Aspasia as their

instructress in those matters. Referring to the myth that man was

split in two, and that his two halves go in search of each other, he

says,[51] “For my part, I now affirm, in reference to all human beings,

both men and women, that our race would become happy if we were able

to carry out our love perfectly, and each one were to obtain his

own special beloved, thus returning to his original nature. And if

this is best, the best in present circumstances is to come as near as

possible to this, and this occurs when we obtain the beloved that is

by nature meet for us.” There is no reason to suppose that Aspasia had

any romantic notions in regard to love or the destiny of woman. She

was, on the whole, practical, and thought that woman should find her

satisfaction in work, not in dreams. She did not imagine that one could

have only one love, and that if she did not get that, or lost it, she

should repine and turn from life. She was in the world to be an active

being, and, accordingly, when Pericles died, she formed a connexion

with Lysicles, a sheep-seller, believing him to be the best citizen

she could obtain, and made him, though not a bright man, the foremost

politician in Athens for a time.[52]

The entire activity of Aspasia, her speculations, her intercourse with

men whose opinions were novel and daring, and who were believed, like

Anaxagoras and Socrates, to be unsparing innovators; her own hold

over the noblest married women in Athens, and her introduction of

greater social liberty among them, were all calculated to outrage the

conventional spirit. Almost all the prominent members of her coterie

were assailed. The greatest sculptor of all ages was meanly and falsely

accused of theft, and died in a prison. The outspoken Anaxagoras was

charged with impiety, and had to flee. And at length Aspasia was

brought to trial on the same accusation. It was easy to get up such an

accusation against her. She might have visited some temple, and taken

part in some religious ceremony, impelled by truly pious motives; but

such an act on the part of a stranger, whatever her motives might be,

would have been deemed a great impiety by orthodox Athenians; or she

may have induced some Athenian citizen-ladies to go with her and engage

in some foreign worship. The Athenians permitted foreigners to observe

their own religious rites in their city, without let or hindrance,

but they had strong objections to genuine Athenian women becoming

converts to any foreign worship. The Athenian ladies did not look on

religious matters with the same eyes as the men. They yearned to have

the benefit of the more enthusiastic worships which came from Asia

Minor; and, accordingly, if Aspasia had been inclined to lead them that

way, she would no doubt have had many eager followers. Or, finally,

and most probably, she may have been supposed to share the opinions

of the philosophers with whom she was on such intimate terms, and to

have aided and abetted their opposition to the national creed. What

were the grounds of the charge we do not know. All we know is that she

was acquitted, but that she owed her acquittal to the earnest pleading

of Pericles, who on this one occasion accompanied his entreaties with

tears.

There can be no doubt that Aspasia exercised a powerful political

influence during her residence in Athens. This fact is assured to us

by the abuse which she received from the comic poets. They called her

Hera, queen of the gods, wife of Olympian Zeus, as they named Pericles.

They also called her Dejanira, wife of Hercules, and the new Omphale,

whom Hercules slavishly served--all pointing at the power which she

had over Pericles. Aristophanes, in his ‘Acharnians’ asserts that

Pericles brought about the Peloponnesian war to take vengeance for an

insult offered to Aspasia, and others affirmed that the Samian war was

undertaken entirely to gratify her. These are absurd statements on

the face of them, and were probably never meant to be anything else

than jokes; but they render unquestionable the profound influence

of Aspasia. It is probable that this influence was exercised in an

effort to break down the barriers that kept the Greek city-States from

each other, to create a strong Hellenic feeling, to make a compact

Hellenic confederacy.[53] But whatever were the aims of her politics,

it may be safely asserted that no woman ever exercised influence by

more legitimate means. It was her goodness, her noble aims, her clear

insight, that gave her the power. There was probably no adventitious

circumstance to aid her. It is not likely that she was beautiful.

I think Sappho was beautiful. The comic poets said that she was

little,[54] and had a dark complexion. Littleness was incompatible

with beauty in the eye of a Greek, and a dark complexion would also be

against her. But all that we can gather about Sappho’s form leads to

the conclusion that the comic poets traduced her in this as in other

matters. Plato calls her “beautiful,” an expression which most have

taken to refer to her poetic genius; but this interpretation is at

least doubtful. A vase of the fifth century B.C., found in

Girgenti, gives us representations of Alcæus and Sappho, and on these

Sappho is taller than Alcæus, and exceedingly beautiful. We have also a

portrait of Sappho on the coins of the Mytilenæans; and here again the

face is exquisite in feature, and suggests a tall woman. If it has any

defect, it is that it is rather masculine. At first one might hesitate

to believe that it is the face of a woman, but there can be no doubt as

to its beauty. On the other hand, no ancient writer speaks of Aspasia

as beautiful. She is called the good, the wise, the eloquent, but

never the beautiful. We have one bust bearing her name certainly not

beautiful. It represents a comfortable meditative woman, but I doubt

very much whether it is genuine. And I am far more inclined to believe

that we have a true portrait of Aspasia in a marble bust of which there

are two copies, one in the Louvre and one in Berlin. The bust evidently

belongs to the best times of Greek sculpture, and, as Bernoulli in

the _Archæologische Zeitung_[55] argues, can well be that of no

other than Aspasia. The face is not altogether beautiful according to

Greek ideas. It has an expression of earnest and deep thought; but what

strikes one most of all is the perplexed and baffled look which the

whole face presents--as of some life-long anguish, resulting from some

contest which no mortal could wage successfully--not without a touch of

exquisite sweetness, tenderness, and charity. Could it be the struggle

in behalf of her own sex?

If ever there was a case which might have suggested to the Athenians

the propriety of extending the sphere of marriageability, surely it

was this case of Aspasia. But we cannot affirm that any one thought of

this. The Athenian women, even the citizens, had no political standing.

They were always minors, subject to their fathers, or to their

husbands, or to some male. Aristotle always classes women and children

together. But such was the force of character of these companions, or

such their hold on powerful men, that not unfrequently their sons were

recognized as citizens, and attained to the full rights of citizenship.

This could take place in three ways. There might exist between Athens

and another Greek or foreign state a right of intermarriage (ἐπιγαμία),

established by treaty. Strange to say, there is no clear instance

of such a treaty in the history of the Athenians. There was no such

treaty between Athens and Sparta, or Argos, or Corinth, or any other

of the famous towns of Greece. The privilege was indeed conferred on

the Platæans, but it was when they became citizens of Athens, and

were likely in a generation or two to become undistinguishable among

the rest of the Athenian citizens. A passage in Lysias[56] has been

taken to intimate that the right of intermarriage was ceded to the

Eubœans, but the passage occurs only in a fragment preserved in the

writings of Dionysius of Halicarnassus.[57] The text exhibits marks

of corruption, and the entire history of the relations between Athens

and Eubœa speaks strongly against the possibility of the establishment

of such a treaty.[58] Mention is also made of the proposal of such a

treaty between Athenians and Thebans in the speech of Demosthenes on

the Crown,[59] but the decree is unquestionably spurious, as Grote

has most conclusively shown and as is now universally acknowledged.

It is now agreed that all the decrees in the speech on the Crown are

forgeries.[60] In that same speech a decree is quoted in which the

Byzantines bestow on the Athenians the right of intermarriage, and it

is likely that other States would confer the same privilege on the

Athenians, but there is no proof that they ever returned the favour.

A second method of rendering the son of a foreign woman legitimate

was by decree of the Athenian Assembly: and it was probably in this

way that Pericles, the son of Aspasia, became an Athenian citizen

with full rights. There was a third way, not acknowledged by law, by

which many such children must have found their way into the ranks of

citizens. The ordinary process by which a legitimate child came to

the possession of his full rights was by his being presented by his

father to the _phratria_ and acknowledged by the φράτερες as a

genuine member of their class or brotherhood. The father had to swear

that the child was his legitimate child. In many cases fathers had no

difficulty in swearing that children born to them of a beloved stranger

were legitimate, and the φράτερες doubtless winked at the deception.

This was specially the practice with the aristocratic party. In earlier

times there had been no such strict law as afterwards prevailed in the

democratic period. Indeed, the theory seems to have been held that

the blood of a mother could not affect the purity of the birth of a

child, because there was really nothing of the mother in the child. She

had nothing to do with the production of the child. She was merely its

recipient and nurse. Æschylus has very strongly expressed this idea in

the ‘Eumenides,’ and we have good reason for thinking that the opinion

was held by large numbers of the aristocratic party to the end. It was

Pericles that established the law that the child to be legitimate must

be the son or daughter of an Athenian male citizen with full rights

and an Athenian female citizen with full rights, legally betrothed to

each other. It is when a distribution of corn takes place, or similar

advantages are reaped, that the law is strenuously applied by the

democratic party, and all the children of strangers disfranchised.

But always when investigation is made many are found enjoying the

privileges of citizens unchallenged, whose mothers were not genuine

Athenian citizens. Themistocles was the son of a Thracian stranger,

and so was the general Timotheus, according to one account. It was

probably through the φρατρία that Sophocles got his favourite grandson

through Theoris the Sicyonian, recognized as an Athenian citizen.[61]

But though the women may have gained recognition for their children, no

interest was taken in their own case, and mankind had to pay dearly for

this exclusiveness.

Probably the condition of women in Athens had much to do with the decay

of that city. The effort which Aspasia made to rouse the Athenian wives

to higher mental exertions must have lost much of its effect after her

death. The names of these wives are not to be found in history. But the

influence of the Companions came more and more into play. Almost every

famous man, after this date, has one Companion with whom he discusses

the pursuits and soothes the evils of his life. Plato had Archeanassa,

Aristotle Herpyllis, Epicurus Leontium, Isocrates Metaneira, Menander

Glycera, and others in like manner. And some of them attained the

highest positions. Princes can do as they like. In the earlier days of

Athens, when tyrants ruled, princes frequently married foreigners. And

now again princes married their Companions, and several of them thus

sat on thrones. The beauty of some, especially of Phryne, the most

beautiful woman that ever lived, attracted the eyes of all Greece;

Apelles painted her, and Praxiteles made her the model for the Cnidian

Aphrodite, the most lovely representation of woman that ever came

from sculptor’s chisel. Some were renowned for their musical ability,

and a few could paint. They cultivated all the graces of life; they

dressed with exquisite taste; they took their food, as a comic poet

remarks, with refinement, and not like the citizen-women, who crammed

their cheeks, and tore away at the meat. And they were witty. They

also occupied the attention of historians. One writer described one

hundred and thirty-three of them. Their witty sayings were chronicled

and turned into verse. Their exploits were celebrated, and their beauty

and attractiveness were the theme of many an epigram. But it must not

be forgotten that hundreds and thousands of these unprotected women

were employed as tools of the basest passions; that, finding all true

love but a prelude to bitter disappointment, they became rapacious,

vindictive, hypocritical ministrants of love, seeking only, under the

form of affection, to ruin men, and send them in misery to an early

grave. Nothing could be more fearful than the pictures which the comic

poets give of some of these women. But what else could have been

expected in the circumstances? There was no reason in the nature of the

women themselves why they should not have been virtuous, unselfish,

noble beings; but destiny was hard towards them; they had to fight a

battle with dreadful odds against them. They succumbed; but which of us

could have resisted?

I have already remarked that no one claimed political rights for

either the citizen-women or the strangers. I must make a slight

exception, and I am not sure but the exception may be owing to the

influence of Aspasia. We have seen that she was said to be the teacher

of Socrates. Indeed, Socrates appeals to her as his teacher in the

‘Memorabilia.’[62] She was one of the great characters in the Socratic

dialogues. She appeared several times in those of Æschines; and in

the Menexenus, a Socratic dialogue, if not a Platonic, she prepares a

model funeral oration. Is it not likely then that she influenced the

opinions of Plato; and in the ‘Republic’ of Plato we have the strongest

assertion of the equality of woman with man. Plato, and many others

with him who lived after the ruin of Athens at Ægospotami, had become

discontented with the Athenian form of government, and probably with

the treatment of the women.

Accordingly, in his ideal State, which, however, still remained a

city-State he took for his groundwork the Spartan system of education.

The State was to be all in all. He went so far as to remove the

monogamy which formed the barrier in the Spartan system to communistic

principles, and he recommended the same mode of gymnastic exercises

for both sexes. But he went further. He affirmed that there was no

essential difference between man and woman.

“‘And so,’ he says, ‘in the administration of a State neither a

woman as a woman nor a man as a man has any special function,

but the gifts of nature are equally diffused in both sexes; all

the pursuits of men are the pursuits of women also, and in all

of them woman is only a lesser man.’ ‘Very true.’ ‘Then are we

to impose all our enactments on men and none of them on women?’

‘That will never do.’ ‘One woman has a gift of healing, another

not; one is a musician and another is not?’ ‘Very true.’ ‘And

one woman has a turn for gymnastic and military exercises, while

another is unwarlike and hates gymnastics?’ ‘Beyond question.’

‘And one woman is a philosopher, and another is an enemy of

philosophy; one has spirit and another is without spirit?’ ‘That

is also true.’”[63]

From these premises he draws the conclusion that the women endowed with

the higher gifts should have the same education as the gifted men, and

that they should have the same duties, even to fighting in defence of

their country, only that in the distribution of labour the lightest

tasks should be assigned to the women, as being naturally weaker in

body. Some think that Plato’s community of wives was ridiculed the same

year that it was propounded, by Aristophanes, in his comedy of the

‘Ecclesiazusæ or Parliament of Women’; but it is far more probable that

the comedy was exhibited before Plato’s ‘Republic’ was written.[64] In

fact there is a likelihood that woman’s position was a subject much

agitated. Clemens Alexandrinus quotes a line from the ‘Protesilaus’

of Euripides, in which community of women seems to be indicated.[65]

Xenophon certainly puts into the mouth of Socrates a decided assertion

of woman’s equality with man. “Woman’s nature,” he says,[66] “happens

to be in no respect inferior to man’s, but she needs insight and

strength.” And it is likely that many others held the same opinion, and

proposed methods for elevating the position of women.

It was some communistic theory of the day that Aristophanes attacked,

but he was not bitter in his ridicule. It has always to be remembered

that it was the business of the Dionysiac priests, as we may call the

comic poets, to show the laughable side of even the most solemn things,

and often little harm was meant by these merry outbursts. Aristophanes,

moreover, had changed greatly from what he was in the time when, in the

‘Acharnians,’ he had bitterly attacked Aspasia. He had become gentle

to strangers. He did not dislike the Spartans and their ways. Though

he said many harsh things against women, he also said many good things

for them. It was through them that, in the ‘Lysistrata,’ he urged on

the Athenians the duty of reconciliation and peace. And now, in the

‘Ecclesiazusæ,’ he gives a kindly picture of what the women would do

if they had the reins of power in their hands. This was the only form

of government that the Athenians had not tried, and as all the rest

had notoriously failed, there could be no great harm in entrusting

the women with the administration of affairs. The gentle spirit of

women might prevail. And surely under such a government men would be

happy. The women would see to it that there would be no poor in the

city, theft and slander would cease, and all would be content. Plato’s

speculations and Aristophanes’s fun, however, were of no use. The

city-State was too small an organization for the progress of man. It

was destined to give way before a more humanizing government. And so

the petty States had to yield to the Empire of Alexander, and with the

change began a great change in the position of women. But this change

had to be carried out under another and greater rule. The Romans swept

over Greece and established a firmer and more comprehensive empire than

that of Alexander.

BOOK II.

THE POSITION AND INFLUENCE OF WOMEN IN ANCIENT ROME.

CHAPTER I.

THE GOOD SIDE.

In early Rome we find the same state of matters as we have found in

Greece. The city is the unit. This city-State consists of citizens who

have all equal rights and privileges. All outside of the city have at

first no rights within its territories, and if they come within the

city, they have no claim to justice or consideration except what they

can obtain through a citizen. In all ancient cities there was always

a large number of slaves, men or women who either themselves or whose

ancestors had been taken captive in war or stolen from their homes.

Thus there were three classes of the population--citizens with full

rights and privileges, aliens with no rights of their own, and slaves

who were regarded as mere property. But the development of the city of

Rome follows a different course from that of the Greek cities. The

Romans gradually extended the privileges of citizenship till the unit

was no longer a city, but a nation, and finally it became the civilized

world. Aliens make no prominent figure in Rome, as they did in Athens,

unless we consider the plebeians as aliens, and in the process of time

the plebeians became citizens, and every civil distinction between

them and the original citizens vanished. Besides, the Censor had the

right to put the name of an alien on the list of citizens, and no doubt

many foreigners became Roman citizens in this way. The slaves also had

a more advantageous position in Rome. The road to citizenship was at

an early period laid open for them. Their masters manumitted many of

them, and they became freedmen. These freedmen came to be numerous and

influential, and the Censor Appius Claudius in 312 B.C.[67]

admitted them all to the full rights of citizenship. They were not,

indeed, allowed to enjoy the honours of the State, but this same Appius

Claudius granted to the sons of freedmen admission into the Senate,

and his right-hand man, Cn. Flavius, curule ædile of the year 304, was

the son of a freedman. Thus, in course of time, the slave became the

freedman, the freedman’s son became an _ingenuus_, or freeborn

citizen, with all the rights and privileges of Roman citizenship.

In Roman society there were these same three classes of women--the

full citizen, the alien, and the slave. The Roman citizen could marry

only a woman who was the daughter of a Roman citizen. Marriage with

any other was impossible. The very object of marriage was to produce a

race of citizens, and, therefore, both father and mother must belong

to the class of citizens. It was for this reason that such care was

taken of the purity of Roman women, and such a broad distinction was

drawn between the conduct of the man and the woman. There must be no

suspicion of spuriousness in regard to the Roman citizen. But the

offspring of the man with a foreign woman or a slave did not become a

citizen, and, therefore, the State was perfectly indifferent as to what

relations might exist between a male citizen and alien women or slaves,

and society was equally indifferent.

We have already seen what was the result of this state of matters in

Greece. In Rome the result was different. The alien women attained

to less prominence even than the alien men, and in this account of

the position of women in Roman society we may pass them without

notice. A few foreign women appear in the early history of Rome, and

play a prominent part; but the tales are borrowed from Greek stories

of the times of the Tyrants, and do not fit in with strictly Roman

ideas. During the best period of Roman history alien women are never

mentioned, except in plays borrowed from the Greek, and it is only

when we come to the later days of the Republic that we begin again to

hear the names of a few. But their presence is owing to the prevalence

of Greek ideas and Greek customs, and even the few that are mentioned

keep in the background.

The female slaves also do not demand our attention. The female

slave was treated simply as a cow or sheep. If she produced healthy

offspring, it was so much gain to her master, and he did not care

who was the father. Of course she could not marry, and all her

children were the property of her owner. Sometimes a male slave and

a female slave were allowed or compelled to live together, and there

was something like a marriage. But they had no right to their own

children, and no obligations towards them except such as were imposed

upon them by their proprietors. At the same time, as their fertility

was a source of revenue to their masters, they were often treated

very kindly. In olden times, the female slave who had three children

was allowed a dispensation from hard work, and if she had more she

sometimes obtained her freedom. The Romans had a great liking for the

slaves who were born within their households, and often brought them

up along with the younger members of the family, with whom they thus

became intimate. This close connexion tended to lessen the sense of

absolute proprietorship in many cases, and the slave woman was treated

with consideration. It was no doubt through such influences that the

lot of the slave woman was ameliorated, and when we come to the times

of the Empire, we see laws made to protect them, and freedom frequently

conferred upon them.[68]

It is, then, the matrons alone who are conspicuous in Roman history.

Every citizen girl married and became a matron, and it is that class

exclusively which we shall discuss.

Now, the first remark that has to be made is that Rome gave the same

expansion to marriage as to citizenship, and thereby produced a

revolution in the position of woman: a revolution, however, gradual

in its extension and gradual in its effects, but of most momentous

consequence to the world, for it broke down completely the old

constitution of city-States, by which their privileges were conferred

on men as members of families, and established a new and world-wide

constitution by which men obtained their privileges as men. In the

earliest stages it is possible that the right of intermarriage may have

existed between Roman citizens and citizens of various towns of Latium.

Certainly the legends make Roman princes marry into Latin families. But

on the establishment of the Republic the right of intermarriage existed

only between patricians of the city. A patrician man could not marry a

plebeian woman, nor a plebeian man a patrician woman. The children of

either marriage could not be patricians; they could only be plebeians,

and were not under the control of the father. But after various

struggles this wall of separation between patrician and plebeian was

broken down, and the Lex Canuleia, in 442 B.C., conferred

the conubium, or right of intermarriage, on the plebeians. Livy puts

speeches into the mouths of the proposers and opposers of this measure.

They have no claim to be historical; but they reveal the fact that Livy

thought the objections to the extension of the conubium were as much

religious as civil.[69]

There was a further extension of the conubium when Rome, in the middle

of the fourth century before Christ, admitted to its citizenship some

of the Italian, especially Latin, towns which it had subdued. The

bestowal of the citizenship on the _libertini_, or freedmen,

still further extended the conubium. In 89 B.C. the Italians

received the conubium by the Lex Julia and Plautia. During the later

days of the Republic, and in the time of the Empire, the citizenship

was conferred on men in various parts of the world, and especially on

various towns in the provinces. Soldiers also, who had served for a

certain time, and had allied themselves to foreign women, had these

alliances converted into legitimate marriages. In fact, the right

of intermarriage had become of much less value. In early days the

privileges of patricians were great, and it was worth while to take

care that these should be secured only to genuine patrician offspring,

especially as only genuine patrician offspring could perform due

sacrifice and worship to the gods of the family and the State. Even

in the days from the Punic wars to the end of the Republic, Roman

citizenship was at once valuable and honourable; for the Roman citizen

paid no taxes, and in an indirect way might share in the plunder of the

world, and he enjoyed peculiar advantages in the eye of the law. But

these advantages vanished with the advance of the Empire, which reduced

all to a dead level of subjection, and at length, in 212 A.D.,

one of the most hated of tyrants, Caracalla, conferred the citizenship

on all the inhabitants of the Roman Empire, and with it the conubium.

After this, any man might marry any woman, and the factitious

distinctions which had ruled the ancient world vanished for ever. The

world owes no gratitude to Caracalla for this grand consummation; for

his only motive in conferring the citizenship on all was that all might

be compelled to pay taxes, and that aliens might not escape, as some of

them had hitherto done.

The outline of the history of what we may call the external

emancipation of woman now given is, we have no doubt, substantially

correct and based on trustworthy sources; but when we come to deal with

the moral progress of women, and their position in the midst of Roman

society, great difficulties meet us, which attach to all early Roman

history.

Rome, according to the usual account, was founded in 753 B.C.

There is no trace of any regular literature between that date and 390

B.C., when the city was burned to the ground. The Romans, no

doubt, knew the art of writing at an early period; but any records kept

by them were of the most meagre kind, and nearly all of them must have

perished in the conflagration of 390. One hundred and seventy years

have to pass before regular histories of Rome began to be written, and

nearly all the literature and monuments during these 170 years have

disappeared. We are thus without authentic documents for the minute

history of the Roman people for 500 years of their existence. During

this period the position of women underwent important changes; but,

owing to this absence of documents, we are unable to explain these

changes. We have, however, a very definite tradition to start with.

This tradition presents itself everywhere in the works of Roman poets

and historians, and pervades the ideas even of the late jurists, and we

may feel confident that it is substantially correct. This tradition is

to the effect that the position of the Roman matron was quite different

from that of the Greek matron in the time of Pericles. The Roman

matron was mistress in her own household. As the husband took charge

of all external transactions, so the wife was supreme in household

arrangements. The marriage was a community in all affairs, and within

the home the utmost diligence, reverence, and harmony prevailed.

The wife sat in the atrium, or principal hall, dispensing the wool

to the maidservants, and herself making the garments of her husband

and family. She did not cook or do what was regarded as menial work.

She dined with her husband, sitting while he reclined, when they were

alone. She received the friends of her husband, and dined with them

also. She walked in and out with great freedom, and she nursed and

brought up her own children.

This is a bright and beautiful picture, and some of the traits

remained true to the end of Roman history. Many stories are told of

the affection of husband for wife, wife for husband, children for

parents, and parents for children. Thus we are informed of the father

of the Gracchi, that he caught a couple of snakes in his bed, and, on

consulting the haruspices, or diviners, he was told that he must not

kill or let go both: that if he killed the male, he himself (Tiberius)

would die; if he killed the female, his wife Cornelia would die.

Tiberius did not hesitate in his choice. He loved Cornelia. He was

elderly, she was young. He therefore killed the male snake, and a short

time after this occurrence he died. The story is no doubt true, as the

authority for it was his famous son Caius.[70]

Nothing could be more striking than the affection of Cicero for his

daughter. He writes to her in the most endearing terms, cared for her

every want, and was inconsolable for her loss when death carried her

away. There are numerous instances in which wives resolved to share the

ill-fortune of their husbands to endure calamity along with them, and

to die rather than survive them.

This ideal remained with Roman men till the end of the Empire. It is

the standard by which Juvenal metes out his criticism on the women of

his own day, and many of the ill-natured judgments uttered against

the sex are based on the old-fashioned conception of a Roman matron’s

duties.

CHAPTER II.

THE OTHER SIDE.

But there is quite another side to this picture. In the early stages

of Roman history there is reason to believe that the Roman wife was

completely under the control of her husband. The Roman idea of a

family made the father a despot, with power of life and death over his

children, who could do nothing without his consent. This was the case

in regard to male children, even after they had reached a considerable

age. Women, according to the opinion of the early Romans, were always

children. They required protection and guidance during their whole

life, and could never be freed from despotic control. Accordingly,

when a Roman girl married, she had to choose whether she would remain

under the control of her father, or pass into the control or--as it

was called--into the hands of her husband. It is likely that in the

early ages of the city she always passed from the power of her father

into the hands of her husband, and the position she occupied was that

of daughter to her husband. She thus became entirely subject to him,

and was at his mercy. Roman history supplies many instances of the

despotism which husbands exercised over their wives. The slightest

indiscretion was sometimes punished by death, while men might do what

they liked without let or hindrance. “If you were to catch your wife,”

was the law laid down by Cato the Censor, “in an act of infidelity,

you would kill her with impunity without a trial; but if she were to

catch you, she would not venture to touch you with her finger, and

indeed she has no right.” Wives were prohibited from tasting wine at

the risk of the severest penalties. The conduct of Egnatius was praised

who, surprising his wife in the act of sipping the forbidden liquid,

beat her to death.[71] The same sternness appears in the reasons which

induced some of the Romans to dismiss their wives. Sulpicius Gallus

dismissed his because she appeared in the streets without a veil;

Antistius Vetus dismissed his because he saw her speaking secretly to

a freedwoman in public; and P. Sempronius Sophus sent his away because

she had ventured to go to the public games without informing him of her

movements.[72]

I think that we may see that the Roman matrons did not like this

arbitrary treatment, and that they protested against the assumption

that they were beings quite different from their husbands, and entitled

to no rights and privileges as against them. And the interesting

feature in the history of the Roman matron is the gradual emancipation

which she effected for herself from these fetters of Roman tradition

and usage. Unfortunately, we are not able, as I have explained, to

trace fully the processes of this emancipation, but we can indicate

some influences which worked in this direction.

First, the Roman records show that it was not safe to trifle with the

feelings of Roman women. They were, like Roman men, possessed of great

decision of character, and, when provoked, could do the most daring

deeds, reckless of the consequences. If they were treated kindly,

and on equal terms, they were the best of wives; and I am convinced

that their goodness and firmness were the most effectual causes of

the freedom which they attained. But if husbands put into force their

traditional power, and claimed supreme domination over them, they were

exactly the women to resist. And the history of Rome throws a lurid

light on this aspect of their character; for occasionally they took

stern and wild vengeance, when husbands went too far in their despotic

actions. I will adduce one or two instances of this.

In the year 331 B.C. many of the Roman citizens, and especially many of

the Roman nobles, were attacked by an unknown disease, which showed the

same symptoms in all, and nearly all perished. The cause was wrapped

in obscurity, but at length a maid-servant went to a curule ædile,

and said that she could explain the origin of the disease, but would

not do so unless security were given her that she would suffer no

harm in consequence. The curule ædile brought the matter before the

consuls, the consuls consulted the Senate, and a resolution was passed

guaranteeing safety to the maid-servant. Whereupon she declared that

the deaths arose from poison; that the matrons were in the habit of

compounding drugs, and she could take the officials to a house in which

they would come upon the matrons while engaged in the operation. The

officials accepted her offer, followed her, and found, as she said, the

matrons compounding drugs. About twenty of them were conveyed to the

Forum, and were subjected to an examination on their doings. Two of

them, of noble family, and with patrician names, Cornelia and Sergia,

affirmed that the drugs were perfectly wholesome. That could be easily

tested, and the two matrons were requested to prove their truthfulness

by drinking the mixture. The two matrons begged for a few moments of

private talk with the rest of their associates, but within sight of the

people. Permission was granted, a few words were exchanged, and then

all the twenty matrons came back, boldly quaffed the liquor, and died

in consequence. Then a search was made for all the matrons who had been

engaged in this conspiracy, and 170 of them were found guilty. The men

explained the occurrence by asserting that the women were infatuated;

but probably they knew well why recourse was had to such violent

measures, and that Roman matrons were not likely to be subjected to

tyranny without making an effort in one way or another to put an end to

it.[73]

An occurrence of a similar nature took place in 180 B.C. In

this case there can scarcely be a doubt that a real plague raged,

for it lasted for three years, and decimated Italy. But the women

were enraged with the men for the harsh measures which had been

taken against them in connexion with the Bacchanalian mysteries,

and they seem to have regarded the plague as affording a favourable

opportunity for the use of poison. In 180 B.C. the prætor,

the consul, and many other illustrious men died.[74] A judge was

appointed to inquire into these deaths, and especially to examine if

poison had been employed. The historians do not narrate the results

of this investigation, but we are told that the wife of the consul

was tried and condemned to death. Thirty-six years after this, two

men of consular rank were poisoned by their wives. In subsequent

times the use of poison became frequent; and particularly in the

early days of the Empire, the matrons about the Court were accused of

having constant recourse to it to get out of the way men whom they

did not like, husbands, and sons, and others connected with them, as

well as strangers. And one writer remarks that wherever there were

irregularities there were poisonings. Some historians have rejected

these tales of poisoning as the inventions of credulous annalists, I

think without good reason. But whether the stories are true or false,

the Romans believed them, and they embody the Roman belief in regard

to what women could do. And it seems to me that we must regard them as

indicating that the Roman matrons felt sometimes that they were badly

treated, that they ought not to endure the bad treatment, and that they

ought to take the only means that they possessed of expressing their

feelings and wreaking their vengeance by employing poison.

CHAPTER III.

RELIGION.

In the history of civilization, religion often acts as a liberator of

women. Sometimes, indeed, it acts in an opposite direction, when, by

false conceptions of humanity, it restricts the duties and privileges

of women. But, on the other hand, religion generally excites the

mind to a wild state of enthusiasm, and in this enthusiasm the ideas

and prescriptions of conventionality are set aside, the pleasures

of liberty are felt, and by degrees a permanent gain in freedom is

established. We find this to be the case in Greece, where almost the

only occasions on which the women came in contact with the outer world

were supplied by the observance of religious festivals. The Roman

religion was in many respects unlike the Greek. It was not brightened

by genial fancies, it afforded no scope for emotional outpourings, its

prayers were confined to fixed formulas, and its ritual was strictly

prescribed. It was, like the Romans themselves, solemn and sedate. The

Roman religion, therefore, did not contain those elements which could

contribute to enlarge the freedom of women. There were, indeed, various

festivals which were celebrated by matrons alone, into which it was

death for a male to intrude, and these afforded women opportunity to

consult with each other. But it may be doubted whether the Roman women

ever used these meetings for any other than purely religious purposes,

and whether these gatherings were ever characterized by fervour and

frenzy. It was in the introduction of foreign gods and worships that

the craving of the Roman women for religious excitement was gratified,

and in the celebration of these worships we see that the women were

sometimes as daring as in their poisonings. They naturally took to

the foreign gods, whose worship was accompanied by great elevation

of the spirit and outward demonstrations. Thus we are told that the

worship of the Idæan Mother, the goddess whose priests danced wildly,

cutting their bodies until the blood streamed down, was introduced in

204 B.C., and that on that occasion the highest matrons of

the city went forth to receive the goddess, and, amidst prayers and

incense, and in the sight of the whole population, carried the goddess

to her temple.[75] In this case there was no irregularity in the

introduction of the new worship, for the act had been ordered by the

Senate at the instigation of the Decemviral College, the keepers of the

Sibylline books.[76]

But the women did not always wait for the sanction of the State, but

acted on their own impulse. The most notable instance of this nature

was the introduction of the Bacchanalia, or worship of Bacchus, in 186

B.C. The historian Livy gives us details of this event, and

his account is confirmed by a contemporary tablet of brass, containing

a decree, or rather a letter of the Senate, found in Southern Italy

in 1640. The narrative throws great light on the effects produced

by the introduction of a new worship, and therefore I will relate

the circumstances with some minuteness. A Greek of low birth came to

Etruria, offering to initiate the people in the mysteries of Bacchus.

The rites of that god were often celebrated in Greece by night, and

were accompanied by feast, dance, and song. This was to some extent a

new feature of worship to the Italians, and the people of Etruria were

seized with a fury for it as by a plague. It spread from Etruria to

Rome. At first the worship was carried on in secret, but at length the

matter reached the ears of the consul. A woman who had been initiated,

testified that at first women alone were admitted to the celebration of

the rites, that they met in the day time thrice in the year on fixed

days, and that matrons were elected priestesses.[77]

At length, however, a priestess, acting as if by the advice of the

god, initiated her sons, changed the festival from the day time to

night, and appointed the celebrations to take place five times every

month. At the rites the men leapt and tossed their arms about in the

most frantic manner, amidst the clashing of cymbals and the beating of

drums, and they uttered prophecies; while the women, dressed as the

worshippers of Bacchus, howled and yelled, rushed with dishevelled hair

and blazing torches down to the river Tiber, plunged their torches

into the river, drew them forth still blazing as if by miracle, and

returned, still howling and yelling, to their celebrations. The woman

also declared that the frenzy had taken hold of a large portion of the

population, including many of the nobility; but that for some reason or

other, very recently a resolution had been passed that none should be

initiated who were above twenty years of age. The consuls, on receiving

this information from the woman, brought the matter before the Senate,

an inquiry was instituted, and it was discovered that above 7,000 men

and women had engaged in these secret celebrations. The feature in this

case which interests us, and at that time attracted the notice of the

Senate, was that persons of both sexes and various ages met together at

night and engaged in orgies, in which wine was freely drunk. The Roman

citizen was forbidden to practise any worship not sanctioned by the

State; but here the women defied the law of their country and outraged

the old Roman notions of propriety. Stories soon got abroad, as they

always do in such matters, that it was not merely for the worship of

the god that these nocturnal assemblies were held; that, in fact,

these meetings were scenes of revelry, and that in them poisonings

and fabrications of wills were concocted. The worship thus became,

according to these reports, an immoral conspiracy, and all who had

taken any part in it were searched out and punished. Many were thrown

into prison: some were put to death. The women were handed over to

their relatives to be punished in private, and if no relatives could be

found, then they were punished in public.

It may be doubted whether the immoral character of this religious

outburst was not grossly exaggerated, and whether the scandals

attributed to it did not arise simply from the fact that it was the

work of women. “First of all,” said the Consul, in his public harangue

on the subject, “a great portion of the initiated were women, and

that was the source of this evil.” Such ebullitions of women were

regarded by the stern old-fashioned Romans as in the highest degree

discreditable, and they must be repressed even by the severest measures.

For a time the religious mania seems to have subsided; but in the later

days of the Republic and the commencement of the Empire, the Roman

matrons displayed the same rage for foreign worships. The temples of

the Egyptian goddess Isis were crowded, and her priests were caressed

and revered. Many women became adherents of the Jewish faith, and

Eastern divinities had numerous devotees.

In these cases the women claimed for themselves the right to worship

whatever god pleased them. Often, in carrying out this worship, they

had to break through the rules of conventionality, and they thus

asserted for themselves a freedom which nothing but a religious impulse

would had led many of the more sensitive to claim.

CHAPTER IV.

LEGISLATION AND MARRIAGE LAWS.

The women of Rome were also roused to self-assertion by the

interference of the laws with their special concerns, and they did not

hesitate to step out of their usual routine to oppose such laws. Thus,

for instance: a law had been proposed in 215 B.C. by Oppius,

a tribune of the people, to the effect that no woman should be allowed

to possess more than a half ounce of gold, to wear a parti-coloured

garment, to ride in a chariot within the city of Rome or a town

occupied by Roman citizens, or within a mile of these places, except

for religious purposes. The exact object which this law had in view

is not made clear to us. Long before this, at the time of the Gallic

invasion 392, the liberty to ride in a chariot had been conferred on

Roman matrons as a special privilege, because, when the Roman State

had not sufficient money to pay the ransom demanded by the Gauls,

the Roman matrons came forward and presented their gold and other

ornaments to the treasury. It is possible that Oppius may have thought

that the Roman matrons in 215 B.C. were too slow in imitating

the generosity of their ancestors, and the law may thus have implied

an insulting rebuke. But there cannot be a doubt that the law was

specially designed to put a curb on the extravagant expenditure of the

women at a time when all the resources of the community were required

to meet the dreadful emergencies which had befallen the State. It was,

therefore, one of those sumptuary laws which make their appearance

in early stages of government, examples of which are to be met with

in Scottish legislation; as, for instance, when the Estates in 1567

passed a law that “no woman should adorn herself with dress above what

was appropriate to her rank.” But whatever may have been the object,

the law became peculiarly galling to the matrons. They might submit

patiently while distress prevailed, but the terrible Punic war had now

ended gloriously, success crowned all the military expeditions of the

Romans, wealth flowed in from the East, the men had taken advantage

of the prosperity, and it seemed singularly hard that women alone

should not share in the indulgences which riches had carried in their

train.[78]

Probably many complaints had been uttered in private, but the full

current of feeling did not come to light until two tribunes of the

people proposed the abrogation of the Oppian law. Then the subject

seized the public mind. It became the topic of conversation at the

baths and the barbers’ shops, at the public and the private gatherings

of men. Some were for the abrogation, some were against it, and

intense bitterness prevailed on both sides. It was not likely that

the matrons would remain silent on such an occasion. They, no doubt,

plied their husbands, sons, and other relatives with every possible

argument, by every form of entreaty. But their ardour could not be

confined within the limits of the house. They left house-keeping to

take care of itself, and issued forth into the streets and public

places to waylay every man that had a vote. They did not wait till

they became acquainted with the men. They assailed strangers as well

as friends. They also held meetings among themselves and had secret

deliberations. Each day their numbers swelled. Roman citizenesses

from distant towns and villages flocked in to help their sisters of

the city. No stone was left unturned. They went to the nobles, they

interviewed prætors and consuls. At length the day drew near when the

vote was to be taken in the public assembly. A great meeting was held

on the previous evening. One of the consuls, the obstinate red-haired

Cato, delivered a savage speech against the matrons. Others joined in

his resistance. The tribunes who had proposed the abrogation spoke

in their favour, and they were well supported. But the matrons must

have spent that night in great anxiety. They knew that two of the

tribunes were ready to oppose the abrogation, and that their veto was

sufficient to prevent the abrogation passing. And therefore their

resistance must be overcome. The women were determined. They rose

early; they gathered in vast crowds; they surrounded the houses of the

obstinate tribunes; they coaxed, they threatened, they employed every

form of womanly persuasiveness on these two tribunes, and at last the

tribunes gave way. The abrogation of the law was formally put to the

meeting; there was no opposition, and the women gained their point. One

historian (Zonaras) asserts that, on hearing the news, they burst into

the assembly, donned their ornaments once more, and then marched out,

dancing joyously from the legislative buildings into the streets.

The historian Livy, to whom we owe the most vivid account of this

outbreak of the matrons, furnishes us with a report of the public

meeting held on the day before the vote was taken. Especially he

supplies us with the speeches of the principal opponent, Cato the

Consul, and of L. Valerius the Tribune, who proposed the abrogation.

We can have no hesitation in believing that these speeches are the

productions of the historian himself. Cato, we may be sure, did

speak on the occasion, and the speech which Livy puts in his mouth

is in harmony with his character. The stern lover of old ways had a

detestation of woman’s rights and a contempt for woman herself, mixed,

doubtless, with a sneaking dread of her power. One of his sayings

handed down to us is: “Had there been no women in the world, the

gods would still have been dwelling with us.”[79] But another is also

attributed to him--a modification of a saying of Themistocles: “All

men rule their wives, we rule all men, and _we_ are ruled by our

wives.” The speech in Livy shows little of his ferocity. It contains

the arguments that would have been used in the time of Livy, and for

his time it is valuable:--

“If men,” he says, “had retained their rights and dignity within

the family, the women would never have broken out publicly in

this manner. If women had only a proper sense of shame, they

would know that it was not becoming in them to take any interest

in the passing or annulling of laws. But now we allow them to

take part in politics. If they succeed, who knows where they

will end? As soon as they begin to be equal with us, they will

have the advantage over us. And for what object are they now

agitating? Merely to satisfy their inordinate craving for luxury

and show, which will become only the more intense the more it is

gratified.”

The reply of L. Valerius was, like many of the replies of men in behalf

of women, I am afraid, far from satisfactory to them:--

“Cato is wrong in asserting that women make a public appearance

on this occasion for the first time. The wives of the first

Romans stepped publicly between fathers-in-law and sons-in-law.

Roman matrons went on deputation to Coriolanus, they interfered

at the Gallic invasion, they performed public services in

religious matters. Then the prosperity following the Punic Wars

has brought advantages to all classes of the community; why

should the matrons alone be excepted from this good fortune?

And why should men grudge them their ornaments and dress? Women

cannot hold public offices or priesthoods, or gain triumphs;

they have no public occupations. What, then, can they do but

devote their time to adornment and dress? Surely, then, men

ought to let them have their own way in these matters.”

On another occasion the women of Rome gathered in numbers, and made a

public appeal. The circumstances were these. The triumvirs, Octavianus,

Antony and Lepidus, had proscribed a large number of citizens, and

they confiscated and sold their estates in order to meet the expenses

of a war then going on. But land was a drug in the market, and,

besides, people were unwilling to purchase property exposed to sale

in consequence of violent acts. The sum, therefore, obtained from the

sales fell far short of the amount required, and the triumvirs had to

look to other sources of revenue. They accordingly passed a decree that

1,400 of the richest women in the city should lay before them an exact

statement of their means, with severe penalties against concealment or

undervaluation; and they claimed the power to employ any portion of

the wealth thus reported to them for paying the expenses of the war.

The women were thrown into the utmost perplexity and distress, but

they could find no man daring enough to plead their cause before the

triumvirs. Left to their own resources, they went first of all to the

sister of Octavianus and the mother and wife of Antony. The sister of

Octavianus and the mother of Antony gave them a kindly reception, but

Fulvia, the wife of Antony, drove them from her door. Thus insulted,

they turned to the tribunal of the triumvirs. Hortensia, the daughter

of the famous orator Hortensius, spoke in their name. She delivered

a powerful speech, which is highly praised by the great Latin critic

Quintilian, and she succeeded in getting the demands of the triumvirs

reduced to a comparatively small sum.[80]

These public appearances of women were, of course, only occasional; but

they were frequent enough to show that women had interests of their

own, and had resolution enough to assert them when such a course was

necessary.

Perhaps the cause which altered the position of women most of all,

next to their own goodness, was the change in the circumstances of the

Romans, brought about by the extension of their empire and the increase

of wealth. I have already said that it was held as a maxim that woman

can do nothing of herself; that she must be under the guardianship of

her father, her husband, or some tutor; and that in the earliest period

the girl, on being married, passed from the power of her father into

the hands of the husband. It has been inferred by some, from one form

of the Roman marriage rite, that there was a time when the Roman bought

his wife from her father or guardian, and thus acquired full power

over her. He did not treat her as a slave. His own respect for Roman

citizenship and the mother of Roman citizens would prevent this; but

his power over his slaves could scarcely be greater than that over the

wife for whom he had paid. Then there was a time when religion required

that the wife should pass into the hands of her husband. Every family

in Rome had special gods of its own, who were supposed to protect it,

and these gods could be worshipped properly only when the sacrifices

were offered by members of the family. It was profanation for others to

attempt this service. So if the wife had not been taken into the family

of her husband, she could not have shared in his worship, she would

not be present at the family festivals, and she would be bound to go

to the worship of the gods and celebrate the festivals of her father,

to whose family she would still belong. Thus pecuniary and religious

considerations would create a transference of the wife into the family

of the husband. But when we come to historical times we find both of

these influences dying out or dead. The pecuniary influence was gone.

The wife was no longer bought. And the religious influence existed only

in a few families whose members might attain to the highest priesthoods

of the State. In fact, the Romans had given up, to a large extent,

their special family gods, and therefore transference of the wife into

the family of the husband became unnecessary.

What, then, took the place of this transference into the family? To

answer that we must look into the condition of the Romans in respect

of wealth. At the earliest stage the Romans lived in humble cottages.

The consul might command armies, but he dwelt within a house of few

chambers, and might often be seen ploughing his own land. The household

lived on the produce of its own farm. In these circumstances the wife

could be nothing else than an economic housekeeper, working with her

hands and entirely dependent on her husband for her maintenance.

Probably her father would not wish to have her sent back to him, as

he might have enough to do for the rest of his family, and he would

be very unwilling to pay back the sum which he had received for her,

and so the wife had to make up her mind to submit. But a change in her

position took place when wealth began to flow into Rome. Then the men

obtained ample means, and money would be to them no consideration. The

fathers scorned in such circumstances to sell their daughters; but, on

the contrary, came to feel that it was their duty to provide for them

for life. The daughters would thus no longer wish to be in the power of

their husbands, but in that of their fathers.

A further development took place when the women themselves came to

possess wealth. Fathers left large sums to their daughters, husbands

left large sums to their widows, and thus arose a class of rich women.

This seemed such an anomaly to some of the Romans that they tried to

check it. A law[81] was passed (the Lex Voconia) in 169 B.C.,

by which it was illegal to make a woman heir to a fortune above 100,000

asses, and she was never to get more than the heir appointed in the

will. But the necessity of the law might have proved its futility.

Throughout Roman history a marked feature is the strong affection of

fathers for their daughters and of husbands for their wives, and no

law could effectively restrain them from contriving to give the most

part of their goods to those whom they loved. Accordingly, the fathers

and husbands invented devices by which all such laws might be evaded.

A father, for instance, named as his heir some man who had solemnly

promised that he would hand over all the fortune to the daughter.

The heir thus became a mere trustee, and the Roman law at length

sanctioned such trusteeships. In this manner, although the woman was

nominally under the power of a guardian, she had yet full liberty to

do with her property as she liked, and she gained the importance and

influence which belong to wealth. These changes produced a revolution

in the nature of marriage. Marriage now became a contract. It was the

invariable custom for the father to give a dowry with his daughter. The

interest of this dowry was sufficient to support her, so that she could

be no burden on her husband. In fact, the husband was not liable for

her support except remotely; the duty fell on the father first, and

then on various kinsmen, coming only at a late stage on the husband.

The husband had the right to the use of the dowry while the marriage

continued, but if it was dissolved, without blame on the wife’s part,

he had to return the entire dowry. Of course the wife might have money

of her own besides the dowry. That remained entirely in her own power,

or the power of her father or guardian; the husband could not meddle

with it. He might persuade her to bestow some of it on him, but he had

no legal control over it.

Marriage was thus a contract which came into full force when the woman

was led to the house of the man. It was a contract which must be made

in the presence of witnesses, and it could be dissolved, but again,

the dissolution of it must be carried out legally--_i.e._, in

the presence of competent witnesses. Religious ceremonies accompanied

the marriage, but the religious ceremonies had nothing to do with

the contract, and therefore were not essential to the marriage. It

was necessary in this contract that husband and wife should give

their consent, and when they were under control, that their parents

or guardians also should consent. Generally each family had a family

council, consisting of friends and relatives, and this council would

be summoned to decide on the terms of the contract, and it was deemed

disreputable in a man to dissolve his marriage without invoking this

council. Husband or wife might dissolve the marriage for any reason,

but precipitation was guarded against by the necessity of legal forms

and by the practice of asking the advice of this council, at the head

of which was the father of the husband or wife.

Such, then, was the position of woman in respect to marriage in the

last centuries of the Roman Republic, and it will be seen that she

was on a practical equality with man. This state of matters sometimes

caused curious combinations in life. The most singular case, one

throwing much light on the ideas of marriage prevalent among the

nobility of Rome, is that of Hortensius, which has been related by

Plutarch. Hortensius, the great Roman orator, was anxious to be allied

to Cato, the champion of Roman liberty, who died at Utica, and to marry

Cato’s daughter. There was one difficulty in the way. Cato’s daughter,

by name Porcia, was already married to Bibulus. But Hortensius did not

regard this as a serious obstacle. He went to Bibulus, told him his

wish, and begged him to dissolve his marriage with Porcia, and thus

afford himself an opportunity of marrying her. He stated that after she

had borne him two children he would relinquish his marriage claims, and

she might remarry Bibulus. Cato, the father, was consulted, and refused

his consent. But Cato suggested a way out of the difficulty. He himself

would yield up his own wife Marcia to Hortensius on condition that her

father did not object. Her father agreed, but on one stipulation, that

her former husband should be present at the marriage. Cato accepted

this stipulation, and Marcia was married to Hortensius. Hortensius

died and Marcia became a widow. But she did not remain a widow long,

for she soon married her former husband, bringing with her the fortune

of Hortensius. In this case there is no constraint of any one and no

illegality. Cato and Marcia dissolve their marriage voluntarily and

legally; Hortensius and Marcia marry voluntarily and legally; and Cato

and Marcia marry again voluntarily and legally. Marriage existed so

long as both parties were fully agreed; and the only obstacle to a

dissolution of the marriage was the necessity of carrying it out in a

strictly legal manner, and the duty of consulting near relatives.[82]

In our next chapter we shall discuss what was the effect of this

arrangement on the happiness and character of women.

CHAPTER V.

THE EFFECTS OF MARRIAGE AND OTHER ARRANGEMENTS.

We are to consider in this chapter the effect of the marriage

arrangements of Rome on the happiness, character, and influence of

the Roman women. It is needless to say that it is impossible to reach

incontestable conclusions on such a subject. Our evidence cannot but

be fragmentary and one-sided, whatever be the nation or period whose

happiness or morals we choose for the subject of our investigations.

Even in our own day it would be easy, from the reports of the divorce

and police courts and newspaper paragraphs, to draw together such

materials as might lead one to assert that women were treated with the

greatest cruelty, and that the age was one of the most licentious. But

the evidence in the case of the Romans is peculiarly fragmentary. Only

this has to be said for it: that it is not selected, that the facts

which bear on the subject have been recorded for other reasons, and

that therefore they may be expected to give a fair average picture of

the state of matters into which we are inquiring.

It is necessary to deal at the outset with a prejudice which has

influenced the views of many modern writers. It is supposed that

Christianity must have appeared at a time when the ancient world

was falling to pieces; when, therefore, morals were particularly

low, society was in an utterly corrupt condition, and licentiousness

universally prevailed. There is no sure foundation for this opinion.

There is no picture of the last days of the Republic or the first

years of the Empire that is so black as that painted by Ammianus

Marcellinus[83] of his own times. And the licentiousness of Pagan

Rome is nothing to the licentiousness of Christian Africa, Rome, and

Gaul,[84] if we can put any reliance on the description of Salvian. I

may adduce one instance of the effects of this prejudice. Drumann, in

his laborious work of six volumes, has collected all the biographical

facts that records have sent down to us in connexion with the last

period of the Republic. In his index to this book he has a very short

list of passages that refer to the virtues of women, and a very long

one referring to their degeneracy. We turn to the first of these

latter passages, and what do we find? Drumann[85] is describing

the proscriptions carried out by the triumvirs, Octavian, Antony,

and Lepidus, and he narrates how the Roman trembled before his own

wife, children, slaves, and freedmen, and adduces instances in which

Romans were betrayed by their relatives or slaves. He mentions three

instances of the treachery of wives, and we may be sure that these

were all the instances with which the records of the period furnished

him, for it is not likely that any one has escaped his most diligent

search. But he allows that another side of human nature was brought to

light, and, in exhibiting it to his readers, he quotes eight instances

in which wives saved their husbands at the risk of their lives or

followed them into exile. It would be rash to draw an inference from

these facts; but, if inference is to be drawn, it is that, even in the

midst of wild disorders in the State and a general reign of terror in

which each one feared for his life, wives were far more frequently true

to their husbands and ready to share every peril with them, and that,

therefore, we have really no proof of degeneracy, but, on the contrary,

of strong affection between husband and wife.

In considering the effect of the marriage customs of the Romans we

think naturally first of the fact that consent was the essence of

a Roman marriage. No woman could be compelled to marry. It is true

that women very frequently married when they were exceedingly young,

often when they were only fourteen or fifteen years old, and that we

must suppose that in these cases the influence of the fathers was

predominant. But even in these cases the girl had to give her consent,

and consent remained the essence of the obligation to a married life.

Whenever there arose a feeling of bondage, the woman as well as the

man could arrange for a dissolution of the connexion. And the woman had

no pecuniary difficulties in the way. Every father provided for the

support of his daughters for life by the dowries which he bestowed on

them; and, therefore, no woman was compelled to put up with a faithless

and cruel husband because she was entirely dependent on him for her

subsistence. The complaints which we hear of Roman marriages are not

from the female, but the male side. The women were too independent. A

Roman marries a Roman woman who has ample means of her own. He finds

that the old times are gone, and he cannot now lay hold of her money or

property without her consent. He must now humour her if he is to enjoy

her wealth, and the effort to gain her over in this way is held up as

degrading and humiliating to a man, and it is represented that it is

better for a man to be without a wife than to be subject to all the

imperious whims of a wealthy woman.

Then, again, there was no shame attached to a dissolution of marriage.

Marriage was a contract. Religious ceremonies were connected with it,

but they did not constitute the marriage, and they were not essential

to it. No sacredness invested the idea of marriage. It was an agreement

between two parties, and, whenever this agreement began to gall the one

or the other, there was no reason why the agreement should not come to

an end. The strength of the Roman feeling on this point is seen in the

attitude towards breach of promise. In Latium actions for breach of

promise were common, as we are told by Servius Sulpicius in his book

‘De Dotibus,’ quoted by Gellius (iv. 4), and they continued till the

citizenship of Rome was conferred on the Latins by the Lex Julia. But

the Romans never seem to have allowed them. Sometimes the sponsalia or

betrothal, though a private act, was celebrated with great pomp; but

the Romans thought that “it was dishonourable that marriages should

be held together by the bond of a penalty, whether future or already

contracted,”[86] and “if,” says Juvenal, “you are not going to love the

woman who has been by a legal agreement betrothed and united to you,

there seems to be no reason why you should marry her.”[87]

Appeal is often made in this connexion to the frequency of divorce. In

early days the Romans did not divorce their wives, and this fact is

exhibited as a proof of the virtue of early times and the degeneracy

of the later period. The first Roman divorce is said to have occurred

about the year 231 B.C., when Spurius Carvilius dismissed his

wife because she bore him no children. One writer represents Spurius as

fond of his wife, but every citizen had to answer the Censor’s question

“Have you a wife for the purpose of procuring children?” Spurius’s

wife was by nature incapable of bearing children, and he therefore

felt conscientious scruples in answering the Censor’s question in

the affirmative, as he was bound to do, and so dismissed his wife,

according to the advice of the family council. It is not likely that

this was the first divorce. At least, it is recorded that the Censors

of 307 B.C. removed L. Annius from the Senate because he had

divorced his wife without consulting the family council, and there

is no reason to doubt the truth of the statement. But it is probable

that divorces came into vogue about the middle of the third century

before the Christian era. The Roman Catholic lady, Mlle. Bader,[88]

who has lauded the virtue of the Romans because no divorces took place

before this time has suggested an explanation of the fact. “The Roman

husbands,” she says, “did not divorce their wives; they killed them.”

As long as the Roman wives were under the control or in the hands of

the husband, the husband unquestionably could kill his wife under

certain restrictions; but when this state of matters ceased, then the

obvious course was, unless the wife committed great crimes, and thereby

incurred severe punishment, to dissolve the marriage quietly. And it

seems to us that women would prefer divorce to death, and that, instead

of a degeneracy, the altered state of matters implies a softening of

manners and an advance in civilization.[89]

It cannot be denied that divorces became frequent after women attained

freedom, but much exaggeration prevails in regard to this matter. It

is only about the men and women who occupied a prominent position

in society that we get information, and their political interests

often led to marriages and divorces. To form an estimate of general

society from these would be as erroneous as to form an estimate of

English and French society from Henry VIII. and the Napoleonic family.

Marquardt[90] notes the cases of frequent marriages. “Ovid,” he says,

“and the younger Pliny married three times, Cæsar and Antony four

times, Sulla and Pompey five times, Cicero’s daughter Tullia three

times.” It is needless to say that there is nothing wonderful in this.

Many men and women in modern times marry three times, and there are

some who have married four and five times, and one Moderator of the

General Assembly of the Church of Scotland had seven wives.[91] Yet

these cases have not been deemed indicative of an exceptional state

of low morality. The satirists and moralists are fond of employing

exaggerated language in regard to women in this connexion. Juvenal

talks of a woman having eight husbands in five years, and Martial of a

woman being married to her tenth husband. Seneca describes some noble

women as reckoning their years, not by the names of the Consuls, but

by the names of their husbands. And it is possible that a few women

may have become notorious in this way. The Augustan marriage laws

offered strong temptations to go through the form of marriage, when

there was no real union, and thereby elude the penalties inflicted on

the unmarried state. But there are no clear instances recorded. Some

suppose that in the inscription on the tomb of a woman it is affirmed

that she had seven husbands; but the interpretation is incorrect, as

Wilmanns has conclusively shown. The authentic case of the largest

number of husbands is that of the woman of Samaria, who had five

husbands, and was living with one who was not her husband. But her case

may have been quite peculiar; and, strangely enough, it is to this

notorious woman to whom the grandest revelation of universal worship

ever made to mortal was vouchsafed. There is no good reason to suppose

that divorces were very frequent in ordinary society. There were not

the same causes at work as prevailed in the circles in which political

power was the predominant motive of action. From the earliest times

of subjection came down, the idea that, while the man might marry

frequently, the woman ought to marry only once, and this idea had its

influence even to the last period of Paganism. In the later period

the woman was not forced into marriage, and if her first marriage,

owing to her early age, may generally have been the result of parental

arrangement, the second would almost certainly be one made with her own

free will, and with her eyes open to all the consequences of the act,

and therefore it was likely to be a marriage of permanent affection.

Examining history, then, I think we must come to the conclusion that

the Roman ideas of marriage had not a bad effect either on the

happiness, or morals of the women. If we take the period of Roman

history from 150 B.C. to 150 A.D., we shall be surprised at the number

of the women of whom it is recorded that they were loved ardently by

their husbands, exercised a beneficial influence on them, and helped

them in their political or literary work. Many of these women had

received an excellent education, they were capable and thoughtful, and

took an active interest in the welfare of the State. It is well known

that it was Cornelia, the mother of the Gracchi, who inspired her sons

with the resolution to cope with the evils that beset the State, and

her purpose did not waver when she knew that they had to face death

in their country’s cause. Julia, the daughter of Julius Cæsar, and

the wife of Pompey, kept the two leaders on good terms as long as

she lived, and acted with great sweetness, and prudence. Cornelia,

Pompey’s second wife, was a woman of great culture, and a most faithful

and devoted wife. Plutarch thus describes her[92]: “The young woman

possessed many charms besides her youthful beauty, for she was well

instructed in letters, in playing on the lyre, and in geometry, and she

had been accustomed to listen to philosophical discourses with profit.

In addition to this, she had a disposition free from all affectation

and pedantic display, which such acquirements generally breed in

women.” The intervention of Octavia, the wife of Antony, in affairs

of State was entirely beneficial and judicious. The first Agrippina

displayed courage and energy, herself crushed a mutiny among the

soldiers, and was in every way a help to her husband. Tacitus praises

his mother-in-law, the wife of Agricola, as a model of virtue, and he

describes her as living in the utmost harmony with her husband, each

preferring the other in love. And Pliny the younger gives a beautiful

picture of his wife Calpurnia, telling a friend how she showed the

greatest ability, frugality, and knowledge of literature. Especially

“she has my books,” he says; “she reads them again and again; she even

commits them to memory. What anxiety she feels when I am going to make

a speech before the judges, what joy when I have finished it. She

places people here and there in the audience to bring her word what

applauses have been accorded to my speech, what has been the issue of

the trial. If I give readings of my works anywhere, she sits close by,

separated by a screen, and drinks in my praises with most greedy ears.

My verses also she sings, and sets them to the music of the lyre, no

artist guiding her, but only love, who is the best master.”[93]

These are only a few of the numerous instances that might be adduced,

in which wives behaved with a gentleness or courage or self-abnegation

worthy of all praise. It is true that they took an active part in the

management of affairs, but, on the whole, it must be allowed that they

acted with great good sense. And there is a curious proof of this

in the times of the Empire. Wives went with their husbands to their

provinces, and often took part in the administration of them. Some

of the old stern moralists were for putting an end to this state of

matters, and proposed that they should not be allowed to accompany

their husbands to their spheres of duty; but, after a debate in the

Senate, the measure was rejected by a large majority, who thereby

affirmed that their help was beneficial.[94]

No doubt it was their good sense, their kindliness, and their

willingness to co-operate with men, that led to their freedom and

power in political matters. And this power was sometimes very great.

Cicero,[95] in a letter to Atticus, relates an interview which he had

at Antium 44 B.C. with Brutus and Cassius. Favorinus was also

present, and besides him there were three women--Servilia, the mother

of Brutus; Tertulla, the wife of Cassius and sister of Brutus; and

Porcia, the wife of Brutus and daughter of Cato. Servilia strikes

in twice in the course of the discussion, and it is evident that her

words carried weight. On one of the occasions she promises to get a

clause expunged from a decree of the Senate. There must have been many

such deliberations where women were present. Even in earlier times

the influence of women is represented as great. Livy[96] asserts that

Licinius was induced to propose his laws to gratify the ambition of a

daughter of M. Fabius Ambustus, whom he had married.

It is true that some of the women who engaged in political affairs were

reckless and disagreeable. A woman played a most important and daring

part in the Catilinarian conspiracy, and it was through a woman that

the plot was revealed. Cicero’s wife, according to his own account

of her, knew more of political affairs than he knew of her household

arrangements, and when his love grew cold to her, partly perhaps on

account of her temper, but partly because he had become fond of a rich

young lady, who might help him out of his pecuniary straits, a divorce

took place, and Terentia married the political enemy of her former

husband. Livia, the wife of Augustus and the mother of Tiberius, was,

according to some, the prime mover of most of the public deeds during

the reigns of both; but a doubt still remains whether we ought to

place her among the good or the bad. But even these women had much

enjoyment from their careers and the companionship of their own choice.

At all events, the women enjoyed great freedom, and a wide field for

the exercise of their power. And many of them certainly made a good

use of their opportunities and wealth. Some of them were charitable.

They bestowed public buildings and porticoes on the communities among

which they lived; they received public honours, and one woman[97] in

Africa so impressed her fellow-citizens with her excellence that she

was elected one of the two chief magistrates of the place. Especially

in Asia Minor did women display public activity. Their generosity took

the most various forms, even to bestowing considerable sums on each

citizen in their own cities. They erected baths and gymnasia, adorned

temples, put up statues, and contributed in every way to the enjoyment

of their fellow countrymen. They often presided at the public games or

over the great religious ceremonies, having been regularly appointed to

this position, and they paid the expenses incurred in these displays.

In consequence of this they received the most marked distinctions, and

were elected to the highest magistracies. They also held priesthoods,

and several of them obtained the highest priesthood of Asia--perhaps

the greatest honour that could be paid to any one. And they were

admitted to aristocratic clubs, such as the “gerousia” is generally

supposed to have been.

It cannot be said that all the professions were thrown open to them,

because many of the professions were not open to the men. Medicine and

teaching and similar arts were still to a large extent practised by

slaves or freedmen, and were deemed unworthy occupations for freeborn

citizens. Law was not a profession, and women had a wide range of

action in legal matters.

Valerius Maximus[98] mentions that Amaesia--or Maesta (the name is

uncertain)--of Sentinum, when accused, pled her own cause amidst a

vast concourse of people, and managed the transaction with accurate

knowledge of the forms of procedure as well as with bravery. She was

acquitted almost unanimously. For her masculine mind they called her

Androgyne, or Man-woman. He also mentions Afrania, the wife of the

senator Licinius Bucco, whom he brands as fond of getting up lawsuits

and pleading her own cause before the prætor, not because she could not

procure advocates, but because she had an over-supply of impudence.

He says that her name became a byword for a woman of unexampled

forwardness and immorality. He states that she died in the first

consulship of C. Cæsar, and the second consulship of P. Servilius, that

is, in 48 B.C., remarking that her death was the one event

in the life of such a monster that deserved record. In the ‘Digests,’

a quotation is made from Ulpian[99] to the effect that women were

not allowed to prosecute on behalf of others, because it was not in

harmony with the modesty becoming the sex to mix themselves up with

other people’s affairs, and assume to themselves functions appropriate

to men. The origin of the restriction is assigned to the conduct of a

most impudent woman, Carfania, who, by pestering the prætor with her

shameless prosecutions, obliged him to issue the prohibition. Some

have identified this Carfania with Afrania, but it is likely that the

prohibition was made at a later date than 48 B.C.

As we have already seen, the women of Rome sometimes held meetings

among themselves in early times, and Livy mentions instances to which

I have not alluded. Under the Empire we hear of a regular assembly

or corporation of women (_Conventus matronarum_). On the first

occasion on which this Conventus crops up in history, we get a glimpse

of the lively scenes which must have occasionally taken place in it.

Agrippina, the mother of Nero, had been trying to seduce Galba, who

afterwards became Emperor, from fidelity to his wife. His mother-in-law

was very wroth with her for this, and when Agrippina came to a meeting

of the Conventus she rated her soundly, adding force to her words by

vigorous blows with her hands. Afterwards, the Conventus appears again

in the reign of Elagabalus, who assigned his mother a place among the

senators. He built on the Quirinal a meeting-place for the Conventus,

which his biographer calls a Senate, and the matrons decided there the

various points of court etiquette, such as precedence and the dresses

to be worn by ladies of different ranks. Probably this senate of women

came to an end through its absurdity, and we do not hear of it again

till the reign of Aurelian, who is said to have restored to women their

senate, and to have made the priestesses take first rank in it.[100]

Many Roman women devoted themselves to philosophy and literature, and

showed considerable ability in these subjects. But there is no proof

that any one of them attained a great reputation. Only one literary

work of a Roman woman has come down to us, the Satire of Sulpicia. It

is creditable to her good sense and ability, but it does not take a

high place among satires.

What, then, are we to say in regard to the morality of the Roman women?

Unquestionably some of the Roman writers depict their morals in the

blackest colours, but the facts that I have adduced seem to me to

prove that the accounts are greatly exaggerated. It would be absurd to

deny that there were many bad women in Roman society, just as there

have been bad men and women in all societies, but we are apt to form

too gloomy a picture of the conduct of the women, because it has been

the delight of writers, who wish to demonstrate the superiority of

Christianity to heathenism, to bring out into special prominence the

supposed vices and humiliations of pagan women. But in regard to this

matter it is of great importance that we view the facts from the right

point.

First of all we must be on our guard against confounding Pagan with

Christian notions of morality. The Romans highly esteemed purity in a

woman, but they confined these ideas of purity to the female citizens,

and their notions were based on the necessity of having a pure and

unadulterated breed of citizens. Their notions of purity did not extend

to the male citizens, and therefore, when the woman was still under the

control of the husband, the woman could not divorce her husband, though

her husband could divorce her without assigning a reason to her. There

was, indeed, an institution among the Romans which has been thought to

exalt the idea of purity and virginity. But a slight knowledge of Roman

thought shows the error of this opinion. Every sacrifice offered to a

god required to be pure. The ox that was to be sacrificed must not have

dragged the plough or undergone any toil. It must be reared and kept

exclusively for the homage that was paid to the god. And so the vestal

virgins consecrated to the goddess Vesta must be pure and undefiled

by subjection to any one, as long as they were in the service of the

goddess. But this was not a moral but a ritual purification. Marriage

was not an obstruction to service to a god, if the god presided over

functions that were consistent with it and, indeed, in all the great

priesthoods in Rome it was essential that the priest should be married,

for his wife acted as the priestess, and it was advantageous that the

priest should have a family, as his children were expected to assist in

his various priestly functions. Even the vestal virgins were allowed to

marry, after they had served the goddess for the prescribed period of

thirty years. The Roman women were not therefore restrained by a sense

of moral wrong in connexion with this matter. And accordingly when

they escaped from the firm grasp of the husband’s power, they could

not see why that which was allowed to the man should not be allowed to

the woman; why, if he gratified his passions without restraint or the

condemnation of society, the same indulgence should not be conceded

to her. And, accordingly, some of them did plunge into the wildest

careers of licentiousness and shamelessness. They adopted the prevalent

philosophy of the day, Epicureanism, with their fathers and brothers

and husbands; they abjured all belief in a future state and in moral

distinctions, and they acted as the men who held the same creed did.

Others of them took to Platonism,[101] and were particularly fond of

“The Republic,” because it advocated community of wives. But these

women were not worse than the men of their day, and there were much

fewer bad women than bad men.

Then our ideas of the immorality of Roman women are often drawn from

what is said of the women connected with the Court of the early Empire.

But our accounts of these women are derived from a bitter satirist,

a pessimist historian, and a scandal-mongering biographer. And there

can be no doubt that the most notorious of the licentious women of

the Court had, like the men, a strong taint of insanity. If we take

into consideration what I have already said about all Pagan notions

of purity, and along with this keep in sight the state of matters

at the end of the Republic and the beginning of the Empire, I think

that a milder view of the case will present itself to us. The Roman

Republic came to an end through the rivalry of the great houses, whose

matrons are the subjects of history. These houses were divided against

each other, even though they were sometimes closely related by blood

and marriage. Occasionally, even son was arrayed against father, and

nephew against uncle. The lives of the principal men were in continual

jeopardy. Very many of them died violent deaths. Their homes were thus

frequently broken up, and selfish feelings were brought prominently

into play. In these circumstances women had to act a difficult part,

and their motives were often misconstrued.

Thus the suspicion is suggested that Livia, the wife of Augustus,

had frequent recourse to poison; but surely the circumstances of the

case render this suspicion doubtful. Livia was unquestionably a bold,

resolute woman, and took an active part in the management of the

Empire. She had been married before, and by her former husband had two

sons, one of whom was Tiberius. Augustus also had been married before,

and had one daughter, Julia. It was natural that Augustus should seek

to establish his dynasty through his own daughter Julia, and not

through his stepson. Accordingly he gave her in marriage to his nephew

Marcellus, whom he intended to be his successor, but Marcellus died at

an early age without offspring. Augustus then gave the widowed Julia

in marriage to Agrippa, in whom he had great confidence, but Agrippa

died also. Agrippa left a family, two of whom were youths of much

promise, and Augustus naturally looked to these grandsons as possible

successors, but they died also. Meantime Augustus gave his daughter

in marriage to his stepson Tiberius, who by no means valued the gift;

for he had to part from a wife whom he loved to unite himself with a

wife whom he detested, and whom all the world knew to be dissolute.

And in the end Tiberius succeeded to his throne. Now it was suggested

that Livia from the first had made up her mind to make Tiberius the

successor of Augustus, and that, with this object, she employed

poison--poisoning Marcellus, poisoning Agrippa and his two sons, and

probably poisoning Augustus himself. But we must suppose the acts of

poisoning to be most fitful; for Marcellus died in 23 B.C., Agrippa

in 12 B.C., the sons of Agrippa in 2 A.D. and 4 A.D., and Augustus

himself in 14 A.D., each at a considerable interval of years from the

other; and it seems to me impossible that, if a woman had made up her

mind that her son should succeed, she would follow out her plan only at

widely separate periods.

Some of the other women who are notorious for their bad conduct were

unquestionably bad. But in the case of Messalina, whose name has become

a byword, it has to be remembered that she was only twenty-six years of

age when she died. The second Agrippina, who is equally infamous for

her wickedness, may be paying the penalty for having written memoirs,

in which she blackened the characters of her contemporaries. And nearly

all the women who are gibbeted as monsters of iniquity belonged to the

imperial family. The Emperor held a position of power and glory such as

never had fallen to the lot of any mortal before him. The wealth and

honours that were heaped on him were such as might turn the head of

any man. They could not but have a very injurious effect on the women

of the family. The descendants of this family intermarried cousins

with cousins, or even in closer connexion, and, between the unique

exaltation of their lot and the frequent intermarriages, need we wonder

that a taint of insanity infected them? I think that in this way we may

account for a considerable number of the wild excesses that are laid to

their charge.

I do not deny that there were many licentious women outside of the

imperial circle; I do not deny that there may have been some foundation

for the railing accusations which Juvenal brings against the sex; but I

am confident that these accusations are exaggerated in a high degree.

And if there were women who plunged into vice because they saw their

husbands and brothers claim and exercise the wildest licence for

themselves, there were other women who took an opposite course. They

argued that the equality was right, but that men and women were equally

bound to abstain from licentiousness, that the same law prevailed

for the man as for the woman. This opinion was a tenet of the Stoic

philosophy, and it was to this sect of philosophers that many of

the noblest Roman women belonged. I will mention but two of them.

Porcia, the daughter of Cato and the wife of Brutus, was a Stoic--“a

philosopher,” as Plutarch says,[102] “full of spirit and good sense.”

When married to Brutus, she perceived that her husband did not

communicate to her his political movements and secrets. So she removed

all her attendants, took a knife, and inflicted a deep wound in her

thigh so that the blood flowed out copiously and then fever ensued. Her

husband, in alarm, came to her, and she then addressed him: “I, Brutus,

Cato’s daughter, was given unto thy house, not, like women who serve

as concubines, to share thy bed and board only, but to be a partner

in thy happiness and a partner in thy sorrows. But, with respect to

thy marriage, everything is blameless on thy part; but as to me what

evidence is there, or what affection, if I must neither share with thee

a secret sorrow nor a care which demands confidence? I know that a

woman’s nature is considered too weak to carry a secret, but, Brutus,

there is a certain power towards making moral character in a good

nurture and an honest life: and I am Cato’s daughter and also Brutus’s

wife, whereon hitherto I had less relied, but now I know that I am

also invincible to pain.”[103] Then she showed her husband the wound.

He admired the deed, and, stretching out his hands, he prayed the gods

“that they would render him worthy of so noble a wife.”

The other Stoic woman whom I shall mention is the well-known Arria,

the wife of Pætus. Pliny gives the following narrative, received from

her granddaughter: “Her husband, Cæcina Pætus, was sick; her son

also was sick, both, to all appearance, by a fatal attack. The son

died; a youth of exquisite beauty, of equal modesty, and dear to the

parents as much because he was their son as for other reasons. She

made all the preparations for the funeral, and paid the last rites

to him, in such a way that her husband remained in ignorance of what

was going on. Whenever she entered his chamber she pretended that her

son still lived and was even improving in health. And when he often

asked, ‘How is my boy?’ she would answer, ‘He had a good night, he

took a little food eagerly.’ But when the tears, long kept in check,

overcame her and began to stream forth, she would go outside and give

herself up to a flood of grief, and then come back with dry eyes and

calm countenance.”[104] It was this same woman who taught her husband

how to die. He had received commands from the Emperor Claudius to put

himself to death. He hesitated. His wife thereupon took a dagger,

plunged it into her breast, drew it out and offered it to her husband,

with the words, “Pætus, it does not pain.” There were many such Stoic

women. What opinions did they entertain in regard to the education and

position of their sex? We are well informed on this point.

A Stoic philosopher, C. Musonius Rufus, who flourished in the time

of Nero, spoke or wrote treatises on the education of women and on

marriage, and large fragments of his sayings or writings have come

down to us. He argues that the same training and education must be

suitable for both sexes. He affirms that this ought to be the case for

training in all the mental qualities, but that possibly certain tasks

may in some cases be more appropriate for man or for woman. The sum

of his exposition is perhaps contained in the following words:[105]

“I say that, as in the human race men have a stronger and women a

weaker nature, each of these natures should have the tasks assigned

to it which are most suited to it, and the heavier should be allotted

to the stronger, and the lighter to the weaker. Spinning, as well as

house-keeping, would, therefore, be more suitable for women than for

men; while gymnastics, as well as out-of door work, would be fitter for

men than for women; though sometimes some men might properly undertake

some of the lighter tasks and such as seem to belong to women; and

women, again, might engage in the harder tasks, and those which appear

more appropriate for men, in cases where either bodily qualities or

necessity or particular occasions might lead to such action. For

perhaps all human tasks are open to all, and common both to men and

women, and nothing is necessarily appointed exclusively for either;

not that some things may not be more suitable for one, and others for

the other nature, so that some are called men’s and others women’s

occupations. But whatever things have reference to virtue, these one

may rightly affirm to be equally appropriate to both natures, since

we say that virtues do not belong more to the one than to the other.”

Musonius applies his principle of equality to sexual relations and to

marriage. He held that what was wrong in a woman was equally wrong in

a man, or rather was more disgraceful to a man, inasmuch as he claimed

to be a stronger being, and therefore more capable of controlling his

passions. He therefore denounced all illicit amours as unjust and

lawless. He also propounded a view which was afterwards adopted by

the Christian writers, that all indulgence of the flesh not requisite

for the propagation of the race was unworthy of a philosopher. But he

differed from the great mass of the Christian writers, and regarded

marriage as the happiest condition of life. He describes it as a

community of life, and a mutual care for each other in health and

sickness, and in every occurrence of life, and he brands a marriage

when there is no community of feeling as worse than a desert. He argued

that the man who does not marry must be inferior in his experience and

usefulness to the man who does, and that therefore the solitary life is

not advantageous even for the philosophers. And he urges that the whole

of civilization rests upon the institution of marriage. “For,” says he,

“the man who takes away marriage from the human race takes away the

household, takes away the State, takes away the human race.”

The opinions of Musonius and the Stoics greatly influenced subsequent

legislation in regard to marriage. But this is an obscure and

disputable subject, and we can refer here only to the commencement of

legislation on marriage. It was the Emperor Augustus who first drew up

laws in regard to it. Before his time marriage was deemed essentially a

private transaction, and no enactments had taken place in reference to

it except as to the disposition of dowries. Family councils controlled

it, and, like all other private acts, it was subject to the judgment

of the Censors, who in this matter followed prevalent opinion. The

prevailing opinion was that all Romans were bound to marry. The Censors

put the question to every Roman, “On your word of honour have you a

wife?” If the answer was in the negative the Censor weighed all the

circumstances of the case, and, if he deemed the man negligent of

his duty, he imposed on him a fine called _uxorium_. From the

earliest times it had been reckoned a Roman’s imperative duty to marry.

Dionysius embodies this practice in the statement that the “ancient

law compelled all adults to marry.” The historians mention several

instances in which the penalty for neglect of this custom was imposed

by the Censors.[106]

We are told[107] that the Censors, M. Furius Camillus and M. Postumius

Albinus, in 403 B.C., obliged all who had reached old age

without marrying to pay a sum of money to the public treasury, and

Valerius Maximus, in stating this fact, puts into their mouths words to

the following effect: “As nature imposes on man the necessity of being

born, so it imposes on him the obligation to produce birth, and your

parents bind you by maintaining you to the obligation of maintaining

their grandchildren. In addition to this, fortune has given you a long

period to listen to her appeals to you to perform this duty, while,

in the meantime, your years have wasted away, and you have remained

without the name of either husband or father. Go, then, and pay the

knotty coin which will be useful to a numerous posterity.” We need

place no implicit belief in the exact details of this narrative, and

Plutarch may be nearer the truth when he relates that the Censors

induced, either by persuasion or penalties, the unmarried Romans of

their day to wed the women who had been made widows by the devastating

wars of Veii. But, whatever may have been the particular occurrences,

there can be no doubt that the sentiments put by Maximus into the

mouths of the Censors were the genuine sentiments of the Roman people,

and they continued to be the same till the latest days of the Republic.

We are told[108] that Quintus Metellus in his censorship, the date

of which is uncertain, but it was either 131 B.C. or 101

B.C.--according as we accept the statement of Livy that it was

Quintus Metellus Macedonicus, or the statement of Gellius that it was

Quintus Metellus Numidicus--urged that all should be forced to marry

_liberorum creandorum causa_, and delivered a speech on marriage

which Augustus[109] deemed so convincing that he read it aloud in

the Senate, and drew the attention of the people to it by edict. And

Cicero, in his treatise ‘De Legibus,’[110] makes it part of the duty of

Censors to prevent people being bachelors.

There would not be the same obligation on females to marry, but it is

likely that every Roman citizen girl married. It is probable that the

number of the females was not so great as that of the males. Every

father had the right to expose his children, and, while he had no

reason to make away with his male children, the necessity of providing

dowries for females would induce him to think seriously before he took

up and reared the female children that were born to him.

This, then, was the state of matters in the best times of the Republic;

but this state was changed by the violent civil wars that preceded

the establishment of the Empire. Then the great families of the

commonwealth were decimated and family ties broken up. A feeling of

the utter uncertainty of life and an indifference to its continuance

pervaded all classes. Moreover, luxurious habits had become prevalent.

Formerly sons with their wives lived in the house of their father,

and constituted, in fact as in law, one family. Instances of this

conjoint family life are recorded so late as the second century

B.C. But now the expense of bringing up a family had come

to be felt by many as a burden, and the trouble of family cares was

regarded as an encroachment on the enjoyments of life. And hence arose

an unwillingness to marry. People saw no good and felt no pride in

having families. Their children might be a curse to them, or they

might be exposed to lives of poverty, accusations, harassment, and

proscription--lives, in fact, which were miseries, and not blessings.

But Augustus held that the prevalence of such sentiments and practices

was fatal to the welfare of a State, and the special circumstances of

the time made them peculiarly dangerous to Rome. For the State had

suffered enormous loss by its civil wars. Appian[111] asserts that at

the census of Julius Cæsar it was said that the population was only

half of what it had been before these wars. Dio Cassius[112] describes

the scarcity of the population as terrible, and the number of women had

decreased. Friedländer[113] estimates the free population of Rome in 5

B.C., omitting senators, knights, and soldiers, as consisting

of 320,000 males and 265,600 females.

A remedy for this state of matters was urgently required, and

Augustus believed that a remedy could be found only in legislation.

Accordingly legislation was the remedy which he adopted. The accounts

of this legislation are very confused. Mention is made of three

Bills--one, Julia de adulteriis coercendis; a second, Julia de

maritandis ordinibus; and a third, Lex Papia Poppæa. He commenced his

legislation in the very beginning of his reign, in 28 B.C.;

but as, on assuming the supreme power, he abrogated the decrees of

the triumvirate, and claimed to be restoring the Republic, his Bills

had to go through the ordinary processes of discussion in the Senate

and proposal to the Assembly. This afforded scope for every form of

obstruction, and, besides difficulties in passing the Bills, the laws

met with fierce private resistance. The Lex Papia Poppæa probably

embodied all the regulations which Augustus had made in regard to

marriage, with such additions and amendments as experience had proved

to be necessary. Its great object, was to encourage and reward

marriage, and punish and prevent celibacy. Before passing his final

law, the Lex Papia Poppæa, in 9 A.D., Dio Cassius[114] states

that Augustus, knowing that the equites were eager for the abrogation

of his previous laws, summoned the whole of them to a meeting. He

divided them into two classes--those who had married and those who had

not. He deplored the fact that the latter class was more numerous,

and addressed to them strong words of reproof, and at the same time

expounded the reasons why marriage should be praised and rewarded, and

bachelors condemned and fined. The principal points of this speech are

contained in the first two chapters of Dio Cassius, 56. “That first and

greatest god,” he says, “who fashioned us divided the mortal race into

two, the male and the female, in order, through the instinctive love

of the one to the other, he might make that which was mortal eternal

after a fashion from continual new births. And he who is born of a

father is bound to become a father if the race is to continue. Every

feeling of patriotism makes this a sacred duty. And what better means

could there be than a chaste wife, guardian and manager of the house, a

rearer of children, for cheering the man when he is in good health and

attending to him when he is ill, sharing with him his good fortune and

consoling him in misfortune, restraining the mad impulses of the young

and tempering the unseasonable austerity of the old? What could be more

delightful than to take up a child, the offspring of both, and rear and

educate him, an image of the body and an image of the soul, so that the

man himself reappear in this child when he grows to maturity.”

Julius Cæsar, painfully alive to the effects of the civil wars on the

destiny of the Empire, had already offered rewards for a numerous

offspring, and we find that in his agrarian law for the distribution

of lands in Campania, he gave the lots to fathers of three or more

children, of whom at the time there were twenty thousand. Augustus

resolved to carry out this idea systematically. Any married woman who

had three children received special privileges, and the jus trium

liberorum became an honour, which was also conferred at first by the

Senate, and subsequently by the Emperors, on distinguished women on

whom nature had not bestowed the requisite number of children. Four

children released a freedwoman from the guardianship of her patron, and

three children put a free patroness on an equality with a patron.[115]

Similar privileges were conferred on men. The consul who had the

greater number of children had precedence over him who had fewer, and

the married consul took precedence of the unmarried. The candidate

for office who had children was permitted to assume certain offices

of state at an earlier age than the unmarried, and other privileges

were bestowed on the married. Fines and disabilities were imposed on

bachelors. The ages fixed for males were twenty and sixty, and for

women twenty and fifty and whoever was unmarried within these ages was

subjected to a tax, and could not become heir except to near relatives

and could not receive legacies.

Such were some of the provisions of this Lex Papia Poppæa for the

encouragement of marriage. Our information in regard to it is in many

respects defective and unsatisfactory. The law was much discussed

by subsequent jurists, and it is likely that some of the clauses,

which are represented as the work of Augustus, were inserted by later

legislators.

Augustus did in regard to adultery what he did in regard to marriage.

He translated ordinary private practice into public law, and on the

whole made the conduct of the Romans milder than it had been, though

he was strongly tempted by the licentiousness of his daughter to

prescribe stern punishment for the crime. His law required that the

divorce should take place in regular form. The freedman of the man who

wished to divorce must hand over the repudium, or bill of divorce, in

the presence of seven Romans of full age, and the wife who wished a

divorce must do the same. The law ordained, that a woman who was found

guilty of adultery should be banished to an island, and lose half of

her dowry and a third of her property, and similar punishments were

inflicted on a faithless husband. In the case of the wife, it still

lay with the husband to inflict the penalty, and he himself was liable

to be punished if he did not carry out the sentence. The husband could

still kill his wife if he found her in the act; but he could execute

vengeance only if he put to death both the guilty parties.

The Lex de maritandis ordinibus, which was no doubt embodied in the Lex

Papia Poppæa, brings to light a new phase of Roman life. Distinctions

had arisen among the Roman citizens, and more anxiety was felt to

maintain the honour and purity of the highest of these classes than to

preserve the ordinary Roman citizen from the outside world. Senators

were forbidden to marry freedwomen, but all other citizens were allowed

to marry them, owing to the scarcity of free women, but prohibited from

marrying prostitutes, procuresses, condemned criminals, and actresses.

The legislation of Augustus in regard to marriage has generally been

regarded as a failure. Horace celebrated the success of the Lex Julia

de adulterio cohibendo in Ode iv. 5:--

“Nullis polluitur casta domus stupris,

Mos et lex maculosum edomuit nefas”--

words which seem to me to prove that the accounts of the degeneracy of

the women were grossly exaggerated--for no legislation could produce

effects in any way approaching to those described by Horace, if the

evil were deeply seated. From Horace’s words we may gather that the law

had some good effect; and the prominence of the Lex Papia Poppæa in the

discussions of jurists, renders it likely that it continued to act for

some time with considerable force. The general effect of legislation

based on it, and of the course of events, was to alter the basis of

the Roman State, and to make the individual, and not the family, the

unit. Husband and wife became more closely connected together, the

wife becoming to some extent the heir of the husband, and her children

being entitled to inherit her property. But causes were working, in

combination with the aversion to marriage, which rendered the Lex Papia

Poppæa nugatory. In the Christian Church arose an inordinate estimate

of the virtue of celibacy. A large family came to be regarded almost as

a disgrace, as a proof of lasciviousness. And thus, when Constantine, a

Christian Emperor, ascended the throne, he abolished most of the pains

and penalties of celibacy and childlessness, and Justinian abolished

all the clauses that dealt with inheritance.

BOOK III.

THE POSITION AND INFLUENCE

OF WOMEN

IN EARLY CHRISTIANITY.

CHAPTER I.

HIGH POSITION OF WOMEN AND THEIR SUBSEQUENT DEGRADATION.

The opinion has been continually expressed that woman owes her present

high position to Christianity, and the influences of the Teutonic

mind. But an examination of the facts seems to me to show that there

was no sign of this revolution in the first three centuries of the

Christian era, and that the position of women among Christians was

lower, and the notions in regard to them were more degraded than

they were in the first. Unquestionably in the Gospels women occupy a

prominent position. Many of them followed Christ and ministered to

Him. With a woman who had had five husbands and was living with a man

not her husband, He holds the most profound conversation, and to her

He proclaims the grandest truths of His revelation. And the women of

His day and country seem to have had great liberty of movement and

action. One of them, described by St. Luke as “a sinner in the city,”

finds her way into the house of a Pharisee with whom He was dining,

pours a box of ointment on His feet, and washes His feet with tears

and wipes them with the hairs of her head. Christ mingles freely in

the marriage festivities where His mother and doubtless other female

residents were present. His intercourse with the family of Bethany is

of the most unrestrained character, and He talks to both sisters on

the highest subjects. And, according to St. John, His first appearance

after His resurrection is made to a woman, Mary of Magdala, from whom

he had expelled seven demons. But in the Gospels there is no special

doctrine propounded in regard to women, and if there is any approach

to this, it exhibits great mildness, if we take the story of the woman

caught in adultery as genuine. It is when we come to the writings of

St. Paul that opinions are pronounced in regard to marriage and the

conduct of women, and there can be no doubt that these opinions are

of a stern and restrictive nature. The Ebionites[116] explained the

Apostle’s conversion by stating that he was, as he himself allowed,

a native of Tarsus, that he was not a Jew, but a Greek with a Greek

father and a Greek mother; that he went up to Jerusalem and stayed

there for some time; that he fell in love with the high priest’s

daughter, became in consequence a proselyte, and asked her in marriage,

but on being refused he was enraged, and wrote against circumcision,

the Sabbath, and the law. Some have thought that there is a bitterness

against women in the writings of St Paul, which can be explained only

by some such rejection as that related by the Ebionites. Perhaps,

also, the character of the women of Tarsus, his native city, may have

had an effect upon him. At an early time they were particularly prim

and modest. They were in the habit of covering the entire body with

clothing, so that no one could see a single part of their face or the

rest of their body, and they themselves could see nothing except the

road on which they were walking. This habit continued till the time of

Dio Chrysostom,[117] who relates the fact. But he regards the habit as

a remnant of a chastity which no longer existed. Impurity rushed in

upon the women through the ears as well as the eyes, and the most of

them became thoroughly licentious and corrupt. “They walk,” he says,

“with their faces covered, but with soul uncovered, and indeed wide

open.” St. Paul’s words had a great influence on the formation of

opinion in regard to women in the ancient Church. They fell in with

the tendencies of the times, and were made the groundwork and support

of the depreciation of marriage, which became prevalent in the third

and fourth centuries of our era.

Christianity also soon brought with it a new state of feeling in regard

to questions relating to sex. Acts that had been indifferent before,

now became morally wrong, and the Christian writers inquire minutely

into points which had not previously been discussed. The Christian

writers are particularly frank in their treatment of these questions.

Their sense of decency is quite different from that of the moderns, and

the consequence is that it is not possible for a modern writer to give

a full exposition of their ideas and reasonings.

There are two Christian books belonging, the one to the beginning of

the third century, the other to the beginning of the fourth, that

make large reference to the duties and position of women. The first

is the “Pædagogus,” or Instructor, of Clement of Alexandria. In this

work the Alexandrian Father guides the Christian in all the affairs of

common life. He exhibits how the Christian ought to behave at meals,

what food and drink he ought to take, how long he should sleep, what

kind of clothes he ought to wear, how he ought to conduct himself in

church, and similar matters. Now in dealing with the duties of women

he refuses to employ any euphemism. A spade with him must be a spade

or it is a lie. God created man and woman, every part of them, and

“no one,” he says, “ought to be ashamed of naming what God was not

ashamed to create,” and to go about the bush is to act in disrespect

of Him. Besides, he thought it very important that every detail of the

Christian life should be directed according to the instructions of

Divine Reason, and therefore he would have regarded it a dereliction of

duty if he had not discussed all that concerns the functions of women.

But the feeling of the present age is for euphemism and concealment,

and accordingly when we had to translate Clement’s work into English,

in the Ante-Nicene Library, there were portions so completely opposed

to modern ideas of decency that we considered it better to present them

in a Latin and not an English dress. The same peculiarity characterizes

the other work which I mentioned--‘The Banquet of the Ten Virgins,’

by Methodius. In this book ten virgins praise virginity; but the

virgins show a remarkably intimate acquaintance with the physiology

and aberrations of women. Now in the case of Clement no one can doubt

the purity and simplicity of his mind, and his expositions, though

they have been denounced by some divines, are absolutely devoid of all

pruriency. Perhaps there is a little of the meretricious in the style

of the Banquet, for the writer is imitating somewhat unsuccessfully the

Banquet of Plato; but the language is entirely consistent with perfect

purity, and the difference from our own times is to be attributed to

the sentiments of the age, not to a debasement of character.

Woman; Her Position and Influence in Ancient Greece and Rome, and Among the Early Christians · 第 5 / 7 章