fid^ ^ GESTA CHRIST!. GESTA CHRIST/: OR A HISTORY OF HUMANE PROGRESS UNDER CHRISTIANITY. BY CHARLES LORING BRACE, AUTHOR OP 'Races of the Old World" "Home Life in Germany and Hungaty," '•Norse Folk," "Dangerous Classes of Ne%v York'' etc. FIFTH EDITION, WITH NEW PREFACE AND SUPPLEMENTARY CHAPTER. Stfe Sork: A. C. ARMSTRONG & SON, 714 BROADWAY. MDCCCXC \All rights reserred] COPVRIOMT, 1882, 3y CHARLES LORING BRACE. PREFACE TO THE FOURTH EDITION. The reception of this book by the critics and the public both of England and the United States has been cordial beyond what could have been reasonably expected. The adverse criticisms have been carefully and can- didly considered by the author. The censures have come from two opposite sources: from those who believe little or nothing in Christianity as a supernatural power, and from those who believe too much. From the first has arisen the criticism that the work has left out of view several great moral forces enter- ing into the progress of the race — such as Judaism, '' Classicism," or Greek philosophy and Roman law. Buddhism, and the tendency to improvement which comes from the advancing intellect of the leading nations. These objectors insist also that Christianity and the Church should never be separated; that the latter is the only embodiment and historical representative of the other; that the sins and defects of the organ- ized body must fall upon its Faith and its head; and that Christianity as a system must stand or fall ac- cording to the history of the Church. VI PREFACE TO THE FOURTH EDITION. On the other hand, those who have been led by their emotions and their imaginations to consider the history of the Church as a kind of " Divine epic," have charged that full justice was not done in this work to the moral power and influence of the organized ecclesiastical body in every age. They have seen what blessings, in its purest epochs, it has scattered among mankind; and they have inferred — against his- torical facts — what a power of unmingled good it must have been in all periods. In regard to the first criticisms mentioned, coming from agnostic sources, the author, with all candor and humility, cannot admit their justice. He has assumed (perhaps too frequently) that the best of *' Judaism" — its humanity as shown in legislation for the stranger, its spirit of charity to the poor, its high morality, and its deep sense of the divine — was contained in Chris- tianity; that the latter was a reformed Judaism. Many references have been made in this volume to its influ- ence upon barbaric legislation, through the Mosaic law. A portion of a chapter has been devoted to the infamous and unchristian persecution of the Jews in various centuries. More could not have been said of Judaism, or such of its features as were inconsistent with modern progress would have required explaining and defending — such evils as legal slavery, polygamy, divorce of the wife by the husband, blood-revenge and various archaic laws and customs. This would have led the investigation away from its object — namely, to show the effects of Christianity on the moral progress of the world. In regard to " Classicism," surely the obligations of the world to Stoic philosophy and Roman law are reiterated in numerous pages. The author would feel PREFACE TO THE FOURTH EDITION. vH himself basely ungrateful to a school of morals which to him has only been next to the Christian faith, in its support and invigoration amid the struggles of life, if he ever neglected to acknowledge the courage, hero- ism, elevation, and self-control brought home to him by such moralists as Socrates, Epictetus, Marcus An- toninus and others. And who that compares the Mid- dle Age bigotry and superstition with the pure leason and justice of the Roman law, can ever cease to be grateful for its wonderful influence upon modern prog- ress. Certainly this volume cannot justly be charged with neglect of the world's obligation to this grand system of human thought. The criticism in regard to Buddhism seems hardly worthy of reply. The author holds the Buddhist faith in its origin as second only to the Christian religion in pure humanity and elevated spirituality; he has even avowed his belief in the inspiration of Cakya Muni, its wonderful founder. With reference to the present moral condition of the world being due to its intellectual progress rather than to the influence of its leading Faith, of course much can be said on both sides. This book is a carefully-framed argument to show what have been the great causes working towards human advance- ment. We have attempted to give due recognition to all the forces tending towards the present moral stage of progress of the world. It may be that in so large a field we have not sufficiently consid- ered each one of these influences. But we have at- tempted to produce facts and evidence which should make it probable, that by far the greatest factor in the moral and humane progress of mankind, is the influence of the person and teachings of jESUS viil PREFACE TO THE FOURTH EDITION. Christ, , The argument is iQgical; and whoever over- throws it, cannot do so by vague declamatiQn,.,b.ut only by presenting a sufficient cause, . other than Christianity, which shall account for , these facts and changes. .. ,, • . - ,r. Whether Christianity should always and everywhere be held as identical with . the, historical Church, is a fair question,, and will often be ansyvered according to previous prejudices. Christianity, we have defined as the system of religious faith and ^.morals ,tp be derived from the words, teachings, and chai:acter ^pf, Christ, es- pecially a$ conveyed to ,u^ in the. j^pspels,.. Now the organization which teaches this system . an,d represents it to the world,, may at times, .from , varjous .c^us^Sj.be altogether inconsistent, with its Founder,— .Hi^ spirit, and His doctrines. Surely then the. Christian s^yatem and the Church- would be two differeat things. We Hno\y what_ the Master taught; we knpw what .His followers at certain epochs^ pi:acticed. We say then that the latter did not represent their Teacher; that the doctrines and words and lives of the leaders .of the historical Church at certain .tim^es .are. qot Chris- tianity, but are frequently directly opposed to it. This surely is a. reasonable position. And yet we would never deny that there were in every age, godly men and- women, practicing the truths and making man- ifest the. spirit of their Master.^ ...The^e fornaed .the Church invisible, the unseen .linfi.j>of;-Jp^J4ever?, t^j^^s- mitting the spirit and words and doctrines, of thi^.jgr^at Teacher. ■ ., r , = . , Christianity is to be tested by the life and words and belief of its professors. Are . they consistent with those of the Founder.? , If not, they are not. what. Jle taught and introduced into the world. Whatever be PREFACE TO THE FOURTH EDITION. « the profession or name, this is not the Christian sys- tem or its fruits. That the historical Church has, with all its faults and sins, been an aid to civilization, a patron of learn- ing and the arts, a civilizer of wild and barbarous tribes; and a restraint on cruel and tyrannical rulers, no candid student of history can deny. Even the sem- blance of the gentle Teacher of Judea could not but be a blessing to mankind. To the present edition a chapter has been added on the relations of Christianity to Art in the Middle Ages. The aesthetic conceptions, the immortal works in paint- ing and architecture that have arisen from religious enthusiasm and the sense of beauty during the fifteenth and sixteenth centuries, are but as a side effect of this Faith. They seem hardly worthy of being classed with the record of noble achievements which this volume contains. Still, to some minds, it will be consistent that He who felt so exquisitely the loveliness of the Palestine lilies and the wild flowers on the shores of the Galilean lake, should have inspired such souls as the gentle monk of Fiesole and the pure artist of Umbria, with ideals of beauty and devotion that must last while Art endures; and that He whose commun- ion with the Divine was especially in the temple not made with hands, should yet have not disdained to call forth in His followers a conception of a house of wor- ship, than which the human imagination has not con- ceived or created one more worthy of the adoration of the Infinite Spirit. It is a subject of deep thankfulness to the author that some have found in the argument of this volume, an aid to faith in things unseen and eternal. He him- X PA' £ FACE TO THE FOURTH EDITION. self believes that the personality of Christ is to be more and more an element in human progress, and that the advance of humanity and of civilization in the moral field, is but a continual approach towards Him. CHARLES LORING BRACE. Chesknoll, DoBBS Ferry, N. Y., September, 1884. fiS nU-v^if i r. Cl \^ rXAjfi- PREFACE. The writer of this work has been engaged for some thirty years in a practical application of the principles of Christianity, with the view of curing certain great social evils in the City of New York. He has been able to test its power on a large scale, in diminishing poverty, crime and misery. He has also had a humble share in, and been a witness of, the great effort of the United States to remove its tremendous evil — Slavery ; and he knows how far Christian ideas were at the foundation of this great reform, and how much they stimulated and sup- ported the long struggle. For many years studies in the laws and history of the Roman Period and the Middle Ages have shown him the traces (often almost obliterated) of the silent, profound working of the great reforming Power of the world. He has also been engaged in examining and presenting in public writings, the influence of the Christian Faith in the more modern period, on International Law, Arbitra- tion, and the relations of nations. It has seemed to him that to write a condensed history of the progress of the humane ideas, practices, and rules of action taught or encouraged by this Religion, would be xii PREFACE. a useful thing — especially as making them a more dis- tinct possession and code of the civilized world, and as forming an indirect argument (not less powerful for being indirect) for the truth of this Faith. Yet in considering this subject, one must not confound Christianity and the Church. Whoever believes he can construct a kind of " Divine epic " from the history of the organized Church, either voluntarily deceives himself, or follows the will o' wisp light of a false sentiment. There are certain practices, principles and ideals — now the richest inheritance of the race — that have been either implanted or stimulated or supported by Christianity. They are such as these : regard for the personality of the weakest and poorest ; respect for woman ; the absolute duty of each member of the fortunate classes to raise up the unfortunate; humanity to the child, the prisoner, the stranger, the needy, and even the Lrute ; unceasing opposition to all forms of cruelt}^ oppression and slavery ; the duty of personal purity and the sacredness of mar- riage ; the necessity of temperance ; the obligation of a more equitable division of the profits of labour, and of greater co-operation between employers and employed ; the right of every human being to have the utmost op- portunity of developing his faculties, and of all persons to enjoy equal political and social privileges ; the prin- ciple that the injury of one nation is the injury of all, and the expediency and duty of unrestricted trade and intercourse between all countries ; and, finally and princi- pally, a profound opposition to war, a determination to limit its evils when existing, and to prevent its arising by means of international Arbitration. PREFACE, xiii Ideals, principles and practices such as these are among the best achievements of Christianity. It has seemed to the writer not impossible, that great numbers of the vast English-speaking race in Great Britain, America, and Australia, and from the cultured peoples of the Continent, might more and more unite in a kind of moral Confederation throughout the world to support and advance and spread these great and humane ideas. To have given even the faintest impulse towards this consummation and this progress, would be alone not to have lived in vain. CHARLES LORING BRACE. Chesknoll, DoBBS Ferry, N. Y., Nov. C)th, 1882. CONTENTS, r/Gi Chapter I.—- Introduction i Plan of the work. — An Investigation of the Influence of Christianity on the Practices, Customs, Laws and Morals, (i) Of the Roman Period ; (2) The Middle Ages. ; (3) The Modern Period. I. ROMAN PERIOD. Chapter II. — Paternal Power o Instances of Paternal Tyranny in Roman History. — Re- forms in Constantine's and Justinian's Legislation under Christian Influences. — Succession of Property. — Changes through Stoical Influences. — Reforms in Justinian's Code. — The Beginnings of Modern Reforms. Chapter III. — The Position of Woman under Roman Law 19 Tutelage of Woman. — Free Marriage. — Reforms under Jus- tinian's Code. — Divorce. — Instances in the Roman Period. — Reforms brought about by Christianity in Constantine's and Justinian's Legislation. — Concubinage. — Improve- ments under Christianity. Chapter IV.— Personal Purity and Marriage , . 29 Christ's Influence on Masculine Purity, on Marriage. — His Teachings as to Separation. — Cehbacy. — Effect of Christ- ianity on Position of Woman. — Unnatural Vices. — Plato's Principles as to their Abolition. — Opposition of Early Christians to them. — Victory of Christian Principles- xvi CONTENTS. I AG! Chapter V —Slavery 41 The Silence of Christ.— Explanation.— The Slave in the Church. — Stoics and Slavery. — Number of Roman Slaves. — Reforms under the Stoics. — Christian Influence on Legislation. — Emancipation as a Religious Duty. — Humanity Towards Slaves. — Justinian's Reform. — Hu- manity under Christian Influence. — Reforms under other Emperors. — Gradual Emancipation. Chapter VI.— Slaves en Cruel and Licentious Sports 61 Bloody Sports. — Reforms by Constantine. — Human Sacri- fices.— Licentious Shows.— Feelings of the Early Chris- tians.— Reform in Roman Laws. — Licentiousness Re- strained.— RansomingCaptives. — Rehabilitation of Labour. — Serfdom. — Reforms under Religious Teaching Chapter VI L— Exposure of Children .... 72 Allusions to it in Latin Literature. — Mode of Exposure. — Stoical Protests. — The Early Fathers' Denunciations.^ Constantine's and Valentinian's Legislation. — The Coun- cils.—Justinian's Code. — Treatment of Foundlings by the Church. — Orphan Asylums. — Charities for Children. Chapter VIII. —Humanity in Roman Law ... 84 Humane Legislation of Constantine. — Sunday Laws. — Prison Reform. — Disfiguring the Face Forbidden. — Kindly Feeling in Roman Law.— Opposition to War by Early Christians. — Instances. — Burial Inscriptions. — Pre- paration for Arbitration. Chapter IX.— Distribution of Property .... 93 Christ's Teachings Tending to more Equitable Distribution. — Charity. — Roman Pauperism. — Roman Charities. — Bequests. — Collegia. — Christian Charity. — Refuges for Orphans. — Strangers' Rests. — Hospitals. — The Code, — Christ's Teachings Opposed to Pauperism. — Excessive Almsgiving and Monasticism not an Effect of Christian- ity.— The Problem not Solved by the Christian Religion, but its Truths lead towards Equal Distribution. Chapter X.— Resum^ of Reforms in Roman Period . io6- Christianity Influenced Patria Potcsias and Succession of Property ; Diminished Unnatural Vices ; Taught Purity ; Put an end to Exposure of Children ; Founded Charities CONTENTS. xvil. rAGK and Taught more Equitable Distribution of Wealth ; Checked Licentious and Cruel Sports, and caused Humane Legislation; Mitigated and Undermined Slavery and Serfdom ; Elevated Womnn and Marriage. — Need of Fresh Races for the True Work of Religion. — Afforded by tlie Keltic and German Tribes. IL MIDDLE AGES. Chapter XL— Position of Woman under the German Tribes . . 117 German Chastity.— Tutelage of Woman. — Purchase of Wife. '•—r Instances. — Scandinavian Customs. — Subjection of Woman.— Wife under Power of Husband in German Law. — Position of Woman having Stamp, of Barbarisrn ; de- scended into Euglish Common Law. — Free Marriage. — Christianity strove to Elevate Woman and Strengthen Marriage ; Changed Purchase-money into Dower ; Lessened Tutelage. — The Dower. — Change of Tutelage. — Religion opposed German Prejudice that Bodily Strength was a Condition of Civil Capacity.— Inferiority of Woman continued in Common Law. — Sir Thomas Smith's Statements. — -Gains of Christianity. Chapter XII.— Personal Feuds and Private Wars . 137 Feuds Universal in Barbaric Society. — Money- Fines in Place of Revenge stimulated by Religion. — Feuds checked in Holy Days and Places. — Instance from old Russian Code. ^. — Law and Penalty substituted for Private Revenge, .-under. Influence .of Christian Faith. Chapter XIII.— Private War and Peace of God.— Arbitration . .143 Forms of Declaring Private War. — Instances. — The Desola- tion of Germany and France.— The Peace of God. — Crusade of Peace jii France.— Efforts of Religious Men, —Pledge of Peace. — Peace Associations.^Councils. — Efforts of Popes. — A Messenger of Peace. — Truce of God. — Peace in Germany. — Leagues of the Rhine. — Applica- tion of Arbitration. — Forms.— Stimulated by Religious Sentiment, — Instances, — End of Diffidation. --Abolition af Private War in Spain, Italy, and Iceland. xviJi CONTENTS. PAGB Chapter XIV.— Wager of Battle and Ordeal . . i6o Judicial Duel Among the Northern Tribes.— English Prac- tice,— Forms Used. — Opposition of the Spirit of Christi- anity.— The Councils and Popes. — First Forbidden in Iceland after its Conversion.— Its Abolition, Slow. — Existed in England till the Nineteenth Century. — Ordeal first Opposed by Church, then Accepted and Used. — Spirit of Religion Opposed it. Chapter XV.— Torture . . 178 Implanted by Roman Law. — Early Church Opposed, then Used it. — Description of Tortures. — The Strappado. — Torture in England. — Opposition of Church. — Subsequent Acceptance. — Spirit of Religion Struggled against it. — Not Abolished in Parts of Europe till Nineteenth Cen- tury.— Recent AboHtion in Japan. Chapter XVI.— The Strangers' Rights . . . .19c Teutonic Hostility to Strangers. — Instances. — Droit d'ait- baine in France. — Abolished in 1790. — Other Inequali- ties later. — The Teutonic Legislation shows the Influence of Christianity. Chapter XVII.— The Wreckers' Right, and Piracy . 197 All Teutonic Codes urge Humanity to the Shipwrecked on Religious Grounds — Instances. — Judgments of the Sea. — Councils. — Humane Legislation. — Treaties. — Piracy. — A Form of Private War. Chapter XVIII.— Charlemagne's Capitularies . . 202 Teaching of Morals on Religious Grounds.— Commands against Feud, Oppression, and Perjury. — In favour of Marriage, and against Divorce and Unnatural Vice. — Injunctions against Oppression of the Stranger and the Poor. — Laws soon swept away, but showing Influence of this Faith. Chapter XIX.— Anglo-Saxon Law 206 Its Spirit Manifestly Affected by Christianity. — Contrast to other Codes. — Laws of Old English Kings. — King Wihtraed. — Alfred's Dooms — Moral Teachings. — Sun- day Laws. — Humanity to Shipwrecked. — False Swearing. — King Ethelred's Dooms. — Religious Laws. — King CONTENTS, xix FAGS Canute. — Saxon I'iety. — Feuds. — Ancient Laws. — Allrcd's Injunctions. — All show the Beginning of History of Rehgious Forces in Engh\nd. Chapter XX.— Education in the Middle Ages . .217 Christianity Favourable to Intellectual Advance. — Early Efibrts of the Church Encouraging Learning.— Early Christian Schools.— Councils. — Letter of Charlemagne. — Instruction of Theodolfus. — Copying Manuscripts. — Thomas k Kempis. — The Pope's Efforts. — Christian Truth Opens Mind of Man to Truth. Chapter XXL— Serfdom and Slavery in the Middle Ages 224 The Process by which Serfdom Arose. — Christian Influence on Slavery. — Slavery in the Middle Ages. — Acts of Coun- cils Favourable to Slaves. — Sunday Laws. — Religious Element in Emancipation. — Forms of Manumission. — Muratori and Marculfus. — Peasants' Revolts Under the Liberal Teaching of Christianity. — Their Objects. — Effects on Villainage. — Emancipation Gradual. — Free- dom of Serfs by Bologna. — Slave Trade. — Emancipation in Germany. — Abolition in Scandinavia a Direct Effect of Religion. — English Slavery Causes Selling Children. — Number of Slaves in England— Religious Influence in Emancipation.— Christian Brotherhood. — Gradual Eman- cipation.—Forms. — Slave Trade Forbidden. — Slaves after the Norman Conquest. — Religious Forces Causing Eman- cipation.— Sir Thomas Smith's Testimony. — Serfdom Dis- appeared in Reign of Charles I. Chapter XXI I.— Chivalry 253 Ideal of Chivalry. — Original — Forms and Oaths Religious. — Virtues Taught Corresponded to Christian. — Froissart. — Humanity. — Courtesy. — Pity. — Purity. — Brotherhood. — Devotion to Woman. — The Ideal an Effect of Chris- tianity on the German Temperameni. — Its Defects and Vices. — Uncertain how far Chivalry was a Reality. — The Chivalric Character Endures under Religious Influences. Chapter XXIIL— Resume of Reforms in the Middle Ages 27. (1) Value Attached by Christianity to Marriage, and New Position of Woman. — (2) Restraint of Feud and Blood CONTENTS, Revenge.— (3) Checking Private War by Peace of God.— (4) Urging Arbitration. — (5) Opposing Judicial Duel and Ordeal. — (6) Restraining Torture. — (7) Commanding Humanity to the Stranger and Shipwrecked. — (8) Power of Religion over Codes of Law.— (9) Its Influence on Education. — (10) Gradual Effect on Slavery and Serf- cjom. — (11) Founding Charities. — (12) Influence on the Chivalric Ideals. — Reasons of its Want of Full Success. III. MODERN PERIOD. Chapter XXIV.— The Position of Woman Under Modern Influences 283 Position of Woman since Christianity a Composite One- Christian Idea Entire Equality of ]Man and Woman.— English Common Lav/ Inherits Teutonic Prejudice of Measuring Civil Rights by Physical Power. — The Wife's Legal Existence Suspended. — Coverture. — Woman Under Common Law. — Equity Courts. — American Legislation. —Reforms in New York.— Position of the Mother. — Pro- tection to the Young Girl.— Partnership in Property. — Female Suffrage. — Woman in the United States.— In Europe.— Future of Woman under Agnosticism. Chapter XXV.— Divorce 300 Christian View. — Roman Law. — Churchly Doctrines. — Views of Reformers.— European Tendencies. — United States Law.— Views of Judges.— Laws in New York.— License of Divorce.— Change of Opinion in the United States.— Effects of Free Divorce in New York.— Future Effects in America. — General Happiness of Marriage in the United States. — Concubinage. — Humane Progress. Chapter XXVL— Degradation of Woman . . .315 Apparent Failure of Christianity. — Reforms Begun. — Mas- culine Purity. — Efforts for Children. — Effects of Religion. — Hope for the Future. Chapter XXVIL — International Law.— Arbitration . 320 The Expense and Curse of War. — International Law among the Greeks ; the Romans ; in the Middle Ages.— Cruellies CONTENTS. -xxt PALB and Barbarism in War. — Treatment of Prisoners ; of Ambassadors. — Grotius' Views. — Claims of Christian Na- tions on Heathen Territory. — Privateering. — Franklin.— Congress of Paris, 1856. —Inviolability of Private Property on the Sea. — The New Codes of Prof. Bluntschli, and the American Instructions. — The Wounded. — ARBITRA- TION.— History of Modern Cases. — Mediation. — Disputes as to Territories. — The Geneva Settlement. — Universal Peace. — International Courts.— Objcclions. — Interna- tional Law Among Non-Christians. Chapter XXVIII.— Slave Trade and Slavery in Mo- dern Times 363 Both Catholic and Protestant Churches Guilty. — Sketch of Slave Trade. — Treaty of Utrecht. — Slave Trade in British Colonies; in Great Britain. — The Struggle. — Its Final Abolition. — Slavery and its Abolition in the British Colonies ; in the United States.— Early Anti-Slavery Position of the Churches. — Later Weakness. — Origin of the Opposition Rehgious. — Other Elements Mingling. Chapter XXIX.— Modern Serfdom .... 387 Royal Ordinances against it in Prussia ; in France and Italy. -Christian Ideas Working against it. — Abolition in Germany, Hungary, Prussia, and other Countries. Chapter XXX.— The Duel 391 Bentham's Arguments for it. — Reply. — The Struggle of the Church. — Its Prevalence in France and England. — Public Protests and Laws against it. — Experience of the United States. — Its Cessation due to Christianised Public Opinion. Chapter XXXI.— Prison Reform and Charities . 399 Constantine's Legislation. — Howard. — The " Irish " Prison System,— American Reforms.— Charities. — Societies to Protect Animals. — Humanization of Punishments. — Cruel Penalties of the Past.— Modern Improvements. — Imprison- ment for Debt. — The Sunday. — Its Value to the World. Chapter XXXII. —Co-operation and Pauperism . .413 Co-operation. — Communism.— Insurance against Poverty. — Religion lessening Pauperism. — A Socialist's Views on Christianity. xxu CONTENTS, PAGB Chapter XXXIII.— Free Trade.— Humanity.— Liberal Government 420 Progress of Ideas in Favour of Freer Intercourse.— Hu- manity between Nations. —Treatment of Inferior Races. — Missions. — Popular Education. — Churches.— Hope Im- planted.— Liberal Government. — Diminution of Pesti- lences, due only in Part to Religion. Chapter XXXIV.— Intemperance. ..... 433 Its Evils in America and Europe. — Temperance Movement. — Total Abstinence.— Influence of Religion. Chapter XXXV.— Persecution 441 No Foundation for in Christianity. — Guilt of the Church. — Treatment of the Jews ; of Heretics and Schismatics. — Liberal Views of John Robinson ; of Grotius.— Experience of the United States. Chapter XXXVI. — Humane Progress Among Non- Christian Peoples 445 Continuity of Revelation.— Spiritual Ideas of Hindoos. — Caslc, and Position of Woman. — Buddhism. — Inspiration of Buddha. — His Defects. — The Failure of this Faith. — Confucianism.— Its Merits and Wants. — The Arabs.— Mohammedanism. — Its Wants and Failure. — Position of Mohammedan Woman. — Buddhism, Brahmanism, Con- fucianism not adapted for Humane Progress.— Climate not alone the Cause. Chapter XXXVII.— Objections.— Resum^ of Reforms Begun.— The Future of Mankind Under Chris- tianity 463 Objections that the Christian Ideal is Unmanly ; Unfit for the Struggle for Existence ; Not Favourable to Accumu- lation of Wealth, Opposed to Progress of Science and to Liberal Institutions. — Objection to Slow Working of Christianity. — Obstructions.— The Drift of Evolution in Favour of Sympathy, Unselfishness, and Morality. — Christianity Works with it, and adds a New Force. — Its Final Tendency a Perfect Society. — Inference from the Facts, and Argument for the Truth of the Christian Re- lifiion CONTENTS. nil Supplementary Chapter. — The Influence of Christi- anity UPON Art in the Middle Ages . . . 477 Supposed want of Sympathy of the Christian Religion with the Sense of Beauty. — Two highest Conceptions in Art from the Influence of this Faith; namely, (i) of the Holy Madonna in Painting, and (2) the Pointed Gothic Cathedral in Architecture. — The Madonna. — Raphael's Sistine Madonna. — The Originality of this Ideal; its Re- ligious Power. — New Religious Life in the Fourteenth and Fifteenth Centuries. — Italian Preachers. — Savona- rola.— Luther. — Influence on Art. — Cimabue.— Giotto. — Encouragement by Synods and Popes. — Painting on Glass. — Fraternities of l^ainters; their Religious Objects. — Francis d'Assisi ; his Effect upon Fra An^elico. Character and Works. — The Bologna School.— Lippo Dalmasio. — Savonarola; his Influence on Art. — Lorenzo di Credi. — Fra Bartolommeo. — Ridolfo Ghirlandaio.— Bot- ticelli.—Michael Angelo. — Venetian School; Bellini and others. — The Umbrian School. — Perugino. — Raphael. — Pointed GothicCathedral.— Origin of Pointed Gothic; its Ideal and Principles; the Pointed Arch; its Eff'ect on Structure. — The Cologne Cathedral; its Religious Power. — Gilds of Masons in the Thirteenth and Fourteenth Cen- turies; their Religious Enthusiasm, Character, Honesty, and Reverence of Work; a Laical Church; expressed their Love of Beauty and Piety in building of Cathedrals; sole Conditions,the Pointed Arch, Cruciform Ground-plan, and Suitability to Climate. — But Pointed Gothic a Develop- ment from other Styles.— Spirit of Founders of English Cathedrals. — Free Masons or Gilds of Builders. — Their Honesty of Work often an unconscious Religion; inspired by Christianity. — These two Conceptions, the Madonna and the Cathedral, Side-gifts of the Christian Faith. Appendix.— Ancient Hungarian Legislation . . .501 CHAPTER I. INTRODUCTION.— PLAN OF THE WORK. At a certain era in the world's history — not very remote as compared with the duration of the human race on the earth — there appeared a new moral force in human history. It originated in an obscure tribe of a remote province of the Roman Empire, and was embodied in the personality, life and teachings of a remarkable Being — called Jesus the Christ. The moral truths in these teachings were not absolutely new — as indeed the principles of morality rest on the prin- ciples of human nature, and must be known, more or less clearly, to all men — but they were presented with such unequalled simplicity and earnestness, and illustrated by a life and character of such unexampled elevation and purity, and accompanied with spiritual truths so profound and universal, as well as with supernatural claims, that the whole formed a new power in the world for the moral renovation of man — in other words, a Religion ; but one claiming to be absolute and universal, for all ages and races and circumstances. The object of this work is to examine the effects of this faith or moral power on the advancement of the race in humanity and morality ; both what it has accomplished, and what it tends to accomplish. In other words, we shall seek to show what Christianity has already done for the world, and, considering its nature and objects, and its effects in a comparatively brief period, we shall infer 1 B 2 GESTA CIIRISTI. what will be its influence in a far longer period. The investigation is difficult for various and often opposin^^ reasons. Many influences, niatcrial, moral and intellectua], have combined to effect the advance of the race in mo- rality and humanity. The problem is to estimate the peculiar influence of this new moral power. Then the civilized world has become so imbued with the ideas and feelings implanted or strengthened by this faith, that those who have apparently opposed and attacked it, have not unfrequently been those most animated by its principles. While, on the other hand — so dangerous is the effect of power and ambition even in the religious field — the organi- zation which might be supposed to most expressly represent its truths has often been the most opposed to it in life and action. In the course of history, the sceptics, in matters of mercy and justice, have often been nearer Christ than professed believers; and the Christian Church has favoured practices and encouraged institutions, which have been a travesty on the teachings of Christ, and an offence to every feeling of humanity. The student who searches for the pure and benevolent impress of the great Teacher on the wild annals of human history, must divest himself of much reverence for the so-called " Church of Christ " on earth. The Church that is seen and known of men, represents often anything but His image. At times it is filled with bigotry and hate ; it implants persecution in Roman law ; it encourages frightful religious wars ; it opposes liberty o/ thought, and the investigation of science ; its skirts are stained with the blood of the Inquisition, and wet with the tears of millions of victims of the slave-trade ; it en- courages war, and is often only an emblem of power and lust and ambition. Still in every age were simple men and women, not known perhaps to history, or even to those of their own time, v/hose souls and lives were filled INTRODUCTION.- PLAN OF THE WORK. 3 with the principles of this new faith. Tlicse gradually affected social habits and practices ; sometimes changing them before they influenced legislation, sometimes, by a fav^ouring public accident, being able first to reform laws and public officials ; thus, day by day, by imperceptible steps purifying Church, State and people ; gradually caus- ing certain great abuses and wrongs to melt away before the fervency of their spirit, and the innocence and bene- ficence of their lives. These have been inspired by Christ. Though for the most part unknown perhaps to ecclesiastical records, or the historians of empires, they have illustrated and transmitted the divine truths which they received from Him. In lives of purity and human brotherhood, in honesty, faithfulness, compassion and true humanity, they have sought to follow their great Leader. They have formed the true and invisible " Church of Christ." While living for Him, they have lived for the human race. Their spirit and their sacrifices have made it possible that ages hence some of the great evils of man- kind should come to an end, that some tears should be forever wiped away, and a fair prospect be held forth of a distant future of humanity, justice and righteousness. The victories they have won in their silent struggles, and bequeathed to us, were really the '' Gesta ChristV — the achievements of Christ. The first portion of these investigations relates to the Rom.an period of history, when the great empire, having its centre on the banks of the Tiber, controlled the civilized world. The object here is to trace the influence of the new faith on the Roman law, and on the morals, habits and practices of the Roman people and provinces. Some of these researcnes must of necessity be somewhat technical, as bearing on slight changes in laws relating to personal rights and the succession of property. They are 4 CESTA CHRISTI. important, however, as affecting the greater changes and reforms which have since arisen, and are now in process of development. Others relate to the lessening and doing away of abuses, so deep-seated and long-continued, that it would seem that nothing but the power of a Religion could remove them. But in this field must ever be kept in view, the power of a system of philosophy and morals, the most elevated and noble which the Greek and Roman antiquity has known — the Stoical. The task of the investigator is to trace out the peculiar working of the new Faith, as distinguished from this older school of morals. The second division relates to a more interesting and picturesque period of history — the Middle Ages. Here the difficulty Hes in condensing and clearing the great mass of material offered, and here, too, we stand on fields fought over in incessant discussion. The exact position of woman in the German tribes, the precise character of her Mimd, or " Tutelage," what marriage was with the ancient Teutons, and what feminine rights were in those wild tribes, are subjects still endlessly argued upon. Here, too, in all the reforms of the Middle Ages, whether as to woman, or humane legislation, or checking war, or abolishing cruel practices, or doing away with serfdom and slavery, the problem is to trace the precise influence of Christianity, as distinguished from many other moral and material forces. The only course in this investigation seems to be to ex- amine, so far as possible, original sources of evidence — codes of law, forms of will, the canons of the Church, decrees of councils, the words of ancient historians or of contem- porary scholars, and the most trustworthy and candid historians, and attempt to draw the most probable con- clusion, without fear or prejudice. It cannot be hoped that absolute certainty will be at- tained. The question of the precise work accomplished in INTRODUCTION.— PLAN OF THE WORK. 5 the past by the great Teacher of Nazareth, will long be a question of historical probabilities. We can only offer to the discussion, patient investigation, and the love of Truth for its own sake. In the Modern Period, we enter on firmer ground. We are nearer the actors, or we have taken part in the events. In such matters as the abolition of the slave-trade and of slavery, in the repression of the duel, in the improvements of International Law, and the various modern charities and reforms, as well as the change in woman's position, we know what part the Faith taught by Jesus has had, and what power it exerted, and v/hat it continues to exert. Here the weak point which strikes the candid investigator, is not that Christianity has done what it has in modern times, but that it has not done a great deal more. This, too, must be considered in the argument. And, though not demanded by the investigation, a brief comparison of humane progress under this Religion, and under the highest beliefs among modern non-Christian peoples, will strengthen the conclusion. We offer the investigation to all lovers of truth. No friend of humanity will hesitate to rejoice, should it in- directly serve to strengthen the ancient Hope and Faith of the leading races of mankind. INFLUENCE OF CHRISTIANITY ON THE LAVy.% PRACTICES AND INSTITUTIONS 01^ THE ROMAN PERIOD. CHAPTER II. PATERNAL TOWER. What may be called the "natural progress" of mankind under the influence of the Divine Spirit and the instincts implanted in the human mind, is towards respect for the individual and towards self-control, in the preference of the higher and distant good to the lower and present. Our plan in the beginning of this investigation is to make plain the stimulus given to this progress in the Roman Empire, by the new system of ideas and the new forces thrown into the world through the Christian Religion. The improvements thus caused or hastened have been at the basis of all modern civilization and progress, and, though often apparently slight, are such as will influence all future history. One remarkable archaic institution survived and was transmitted through successive ages of Roman history before and after Christianity — the primitive paternal authority. It was thought by Roman legal writers, even as late as the time of the Pandects,^ to be peculiar to the Romans. But modern investigation shows that it belongs to nearly all races in a certain stage of development, and that the Germanic tribes who overwhelmed the Romans, had, many of them, carried it to an extreme degree. In the father's house, the Roman father had absolute authority over the son ; he could chastise, put in chains, exile or ' Jus potestatis quod in liberos habemus, propiium est civium Romanorum. (/«j-///., lib. I., tit, ix. Pand.^ I., tit. vi. vii.) 9 10 GESTA CHRISTL sell him as a slave ; he had power of life and death over him. The son's property became the father's ; he could assign a wife to him, divorce him when married, or trans- fer him to another family by " adoption." The son only escaped and was "emancipated"^ by a sale of his person, three times repeated, by his father. This custom, origin- ally designed to control parental greed, became used as a fictitious legal form for freeing the son. The son in a legal view seemed worse off than the slave: the latter, if formally emancipated, was finally free ; the former reverted to his previous condition under his father, and in early ages required this triple form for entire freedom. The power of life and death was not a legal fiction. Three different Romans of position, Casslus, Scaurus, and Fulvius are mentioned by Valerius Maximus^ as having been executed by their father ; and another son was banished by his father, Titus Avius. Seneca^ relates that the populace pursued with daggers, on the public square, a knight (Erixon) who had scourged his son to death ; an act legal, but held to be too severe. The right of a father to kill a daughter taken in adultery was universally conceded. Cicero appears to admit a right of life and death even in case of an adopted son.* He alludes to it as a recognised right in regard to a real son.^ Manlius is said to have put his own son, though ^ A son thrice sold by his father, was free from his power ; after this form he became einancipaUis, or sold out of his family. In a similar manner, another son could be bought in from another family, or adopted. See Ulpian^ tit. x. " Qui in potestate, etc." 2 Val. Max., v. 8. * De Clem., I2, 14. Populus in foro graphiis confodit. * . . . Vitae necisque potestatem habere ut in filio, erat. {Pro D 07)10, 29.) ' Patrem tuum civem optimum, clarissimi viri filium : qui, si viverat, qu^ sev^ritate fuit, profecto non viveriSb {JPro Domo^ c. 32.) INSTANCES OF PATERNAL TYRANNY. ii victorious, to death for disobeying^ orders ; and Cassius Brutus killed a son who had negotiated with the enemy. ^ A Latin historian^ says, " One has seen fathers author- ised by law, drag their children from the tribune while they were addressing the people, in order to punish them at their discretion. They were dragged across the public square and no one dared defend them. The consul, the tribune of the people, in fine the people itself, so proud of its power and force, who came to applaud them were obliged to keep silent, and respect in the fathers, an authority which the law gave them." At the close of the republic, the Lex Pompeia de Parric.y or the law in regard to the murder of relatives by relatives, is silent with respect to the murder of a cliild by the father. It is related that the Emperor Augustus was present as witness and judge in a family-council which a father had assembled to decide on the fate of a son, guilty of pur- poses of parricide. The Emperor Trajan is said to have ** emancipated " a son, because the father violated the duties of paternal affection. And an ancient authority approves the sentence which had deprived the father of the succession of a deceased son, thus emancipated.'* Even the Stoical jurist, Paul, seems to recognise the right of a father to sell his son in case of great need and poverty.^ The paternal power existed also over the person of the daughter. Til is deeply- rooted institution was grafted throughout the world wherever Roman citizenship extended, though often modified and humanized. The spirit of humanity, » Liv,, vii. 7. 2 pi^ff^ (p Gr. et Rom.), s Den. H. {Ant. Rom., 2, 26). " Bio, Pap. ' Qui contcmplatione extremas necessitatis aut alimentoium gratii, filios SU03 vendideiint, etc. {SctiL, v. i, i.) 12 GESTA CIIRISTf. especially under Stoical influences, worked upon it through all periods of the Republic and the Empire. No student of history can ever cease to be grateful for the profound moral power which went forth from the Stoical school in antiquity. But under the Christian emperors, whatever may have been their individual characters, a great and marked change shows itself in this custom and the legislation upon it. A new idea had entered all classes as to the rights and personality of each individual, whether child or parent. When the son was recognised as the child of God and "joint heir with Christ," equal with his father in the kingdom of the Lord, for whom Christ had died, paternal tyranny could not long continue. The change did not at once sliow itself in legislation ; society is usually reformed before laws : but that elevation of each person began which, after many ages, must result in absolute emanci- pation and equality of rights. The learned commentator on the Theodosian Code saw at once the source of the reforms which appear in that legislation. " It is Christian discipline," says Godefroy, in regard to the Roman law, ** v^'hich gradually softens the severity of paternal authority." ^ The spirit of humanity as expressed in the thoughts and legislation of the Stoical jurists, laboured steadily to mitigate this authority through many centuries. Tht words of the jurist Marcian were quoted even by thost who had absolute power over the lives of the children : " Paternal power ought to rest in affection, not in atrocity."^ ^ Christiana disciplina paulatim patriae potestatis duritiem emol- liente. (De Miiteinis bonis. Inst., 248.) ^ Nam patria potestas in pietatc debet, non in atrocitate, consis*ere. {^Marc. Inst., lib. xiv. ; Pand., xlviii. 9, 5.) Adrian used these words on a remarkable occasion when the punishment of a son was soi'Lcncd. JUSTINIAN'S REFO:^MS. rj CoHstantine (333 A.D.) was as far removed from the spirit of Christianity as possible in his character, but his Icgishition, framed by men feeling" the new power in the world, shows the humane forces derived from this faith. He ventured to punish as a parricide, a father killing his son.^ Under Justinian (528 A.D.) the Christian influences are more distinctly felt, and the father could only inflict moderate penalties, and summon his children before the courts, where he could sui^gesf such sentence as might be appropriate to domestic discipline. He could also disinherit. The mitigations in regard to the son's pro- perty were of gradual growth. At first, all his earnings and possessions belonged to the father. The humane spirit step by step protected him, and obtained for him more individual rights. Certain portions of his property, acquired in specific modes, were secured to him. But it was only under Constantine and the early Christian emperors that the son's rights of property were extended to acquisitions made in a great variety of public and religious offices. He was not yet on a plane of legal equality with his father, but his position approached the modern position under the laws of Christian nations. Under the former ideas of the paternal tyranny, the father claimed as a right all the property of the deceased ancestors of the family, or of the mother, if they died intestate, and of his own children deceased. The laws of the Christian emperors gradually converted these rights of the Roman father into what are almost the rights of the modern father. He becomes only one of the heirs of property thus left ; and his interests are made inferior to those of the minor children. The peculiar distinction of ^ Cod. Theod., De Pairicid. ; et yttst.y De his qui parentes, etc (c. ix. 17, I.) 14 GESTA CHRIST!. the new power in the world was the protection it afforded to, and the interest it showed in, tiie child. The property of children who came under the power of a father by marriage, was especially protected from his claims. The mother was shielded in her rights ; and her property, if she died intestate, descended at length to her children. The modern conditions of inheritance appear even under Constantine. The son, however, could not yet sell, mortgage, or bequeath by will his own property. Under the new ideas, Justinian ^ gave to the son full control over all his acquisitions. In the new light spread through the world, it seemed to him "inhuman" to do otherwise. The father had only a life-interest in his son's acquisitions or property, unless they were derived from his own. In case of " emancipation," he was allowed a life-interest of one-half. The father could still dis- inherit. These changes in Roman law relating to paternal power after Christianity became a power in the world, may seem to the modern reader of no great account. But the differ- ence between the father's power under the old Roman law and that under Justinian, measures the difference between the old and the modern world. The tyrant of the family has merely become the judge, or indeed little more than the modern father. He cannot " expose," buy or sell, or imprison his son (except through the agency of the courts), or abuse or kill him ; he cannot adopt him into another family without his consent, or give him by force in mar- riage, but is only permitted to declare a veto on a marriage which is not agreeable to him. The drift of modern opinion and practice is towards the independence of the child, both social and legal. The * Just.y lib. 1 1, tit. ix. Per quas personas. De bonis qua? liberis, etc Quod nobis inJutmanum visum est. SUCCESSION OF PROPERTY. 15 authority of the father is becoming more and more one of affection and of moral influence. Paternal tyranny, even in the most private matters of the family, is passini;- away. The beginning of this great change was in the reforms of Roman law under the teachings which came forth from Judea. Succession. — To understand these reforms still further, we must consider a subject somewhat technical, but im- portant as affecting modern society — the bearing of the paternal power upon relationship and the transmission of property. The family w^as for ages in Rome (as in many other countries) an iviperhim in iniperio, and it could onl}^ be maintained thus by limiting relationship to descendants by males, or to '^ agnates ^ If a married daughter were considered a member of the family, with equal rights to property and protection, it is manifest that great confusion would arise and conflicting interests be introduced in the family. From this principle arose much injustice to the woman. The relatives by males were the persons said to be especially " in power " {in inann)^ or in the family, of the father, though he was permitted to introduce others into the family by adoption. Without enlarging upon this import- ant topic, we would only say that under the old Roman law the succession of property followed the bond of "power," and was determined by family, not blood. One could be a near relative of a deceased person, even a child, without being an heir. The son " emancipated " by the father was no longer in the family, and was not an heir. The heirs were especially the children or grandchildren who were in the family ; they might even be adopted, but they are still first heirs. Daughters " in the family" succeed like males ; there is under this archaic system no primogeniture or inferiority of sex. The wife not married i6 GESTA CHRIST!, out of the family is like a daughter and heir ; the wife of a son (himself in ''the family") is also an heir and in power. Those are called "heirs of themselves"^ or "necessary heirs," continuing the person of the father. When there are no necessary heirs, then comes in the nearest agnate or relative by males, who would be '* in power " if his ancestor were living. " Emancipation " or separation from the family breaks this relation, so that the direct descendants of an emancipated son do not succeed any more than do the descendants by married females. Reforms in this as in other directions of the paternal power began under Stoical influences ; but under the Christian emperors there was, as might be expected, a more decided drift towards the natural bonds of succession. The influence of the new Faith was everywhere to protect woman, and to give her equal rights, whether in the family or out of it. Valcntinian the Younger had enacted that the children of the daughter (who had been legally out- side of the family) should succeed to the maternal ^ grand- father with the " necessary heirs," and that they should receive two-thirds of what would have fallen to their mother. Constantino, whose legislation is touched by the new spirit, goes still further. He provides in certain cases that she should take from the agnates, their children and grandchildren, one-third of their succession, excluding all other agnates. With Justinian (528 A.D.) came more of the force of the new religion upon the law of the Roman Empire. The reforms of his code struck deeper. The great codifiers who prepared his body of laws, seemed to ^ Sui hseredes {l7ist.,\\h. II. t. xix). Nov., 164. GamSy lib. II. t. x. De intest. hatred. (De Agnatis). One of the reforms in succession Justinian alludes to as "actionem Deo placemen^ as if feeling the religious motive. '^ Inst., lib. III. tit L REFORMS IN JUSTINIAN'S CODE. 17 feel, and even in their dry labour to be elevated, by the fresh "enthusiasm of humanity" working in the world. They often speak of such and such a measure as " in- human." ^ Justinian's code enacted that the children of the daughter should represent their mother entirely, as if she were in the family. It does away with all distinctions of being " in the family " or outside of it, or those derived from the number of children {jtis liberormn) of a woman, and established that those who had one as well as those with four children, whether " in power " or emancipated, were called equally to the succession of their deceased children. It preferred the mother to all the agnates or relativ^es by the males ; all were excluded by her ; the only competitors being the brothers and sisters of the deceased. The natural relatives, or cognates, were made equal to the relatives by the males or agnates. The new code abolished all distinctions between agnates and cognates. The bond of "power" disappeared before the bond of blood. Paternal authority lost its pre-eminence. Property re- verted to the natural descendants of the deceased, whether " in power " or of their own right, whether " emancipated " or not, without distinction of sex or degree, to the ex- clusion of all other relatives. The masculine and feminine lines are equal. The drift of these reforms is towards equality of rights between women and men, or between different members of the same family, so far as succession is concerned. The children of the daughter separated from her family by marriage, or of the mother who from some form of marriage had never been considered as belonging to the family, and the mother and sister who had been excluded by " emancipation " were placed ' Quod nobis mkttma/m>n visum est, et liberis pepercimus, et patri* bus debitum reservavimus. {InsL, lib. II. tit. ix.) c i8 GESTA CHRIST!. before the relatives by males of a distant degree. Even the male and female children by a mother from a former marriage ("uterine" children) were placed on an equality with the other hcirs.^ All these with the female descendants of male heirs and sisters shared equally in the inheritance. These reforms in the Roman law may seem to the modern student of little importance. But they are an in- dication of the tendency everywhere of the Christian Faith to introduce equality of rights among persons, to elevate the individual, to control arbitrary power, to substitute self-command, consideration and the influence of the affections for tyranny and unchecked power in the family. They were apparently but small advances ; they had, it is true, been begun by Stoicism ; but they received their greatest stimulus from Christianity, and properly heralded the greater and more profound changes which the new Faith was to introduce into modern society. NOTE ON CHAPTER II. DeConsang. et uterin. frat. (Col. VI. t. xii. y\'^z/. xxxiv.) Dc Desc. Slice. {Nov. cxviii.) cap. 20. De Asc. succ. De succ. ex. etc., cap. ill. De Agn., etc., cap. 18. Sed in omnibus successionibus agnatorum, cognatorumque differentiam vocarc pra^cipimus, etc. {Nov 118.) De legit, tut. cap. iv. Et quoniam mater excludebatur quidem a filio masculo . . . nos non quaerenles filiorum jus, sed exinde ei Icgitima jura dant, etc. (Col. IV. t. i. Nov. 22.) Nulla introducenda differentia, sive masculi, sive foemin£e sint et seu ex masculorum scu feminarum prole descendant, sive suai potes- tatis sint constituti. (Col. IV. t. i. Nov. 108.) JitsL, lib. III. tit. ii. ' Troplong. Linjluence die CJiristia7iisme sur le Droit Roinaitu Inst. Jusiin.y Sandar's note, lib. III. tit. iv. CHAPTER III. THE POSITION OF WOMAN UNDER ROMATT LAW. It was a necessary part of the archaic institution of the family, that woman should be under the perpetual tutelage of her relatives by males ; the object being to keep her property in the family and to separate her from public affairs. Under the old Roman law, such of her property as was i]iaucipii} — land, slaves and beasts of burden, — could not be disposed of without consent of her tutor. But she could not intervene in the government of the family, nor in industrial or commercial affairs, nor in public matters. A court of her relatives could inflict upon her the severest penalties in case of certain offences. In the time of Nero, a distinguished Roman lady, Pomponia Gra:cina, wife of Aulus Plautius, first conqueror of Britain, was accused of a " foreign superstition." She was submitted to tht: judg- ment of her husband. Aulus assembled the relatives, and, after an examination, he declared her innocent. There is much probability that this lady, one of the last instances of the extreme exercise of the marital power, was one of the first secret converts to Christianity.^ As a mother, the ^ Perhaps, in its origin, such property as was " taken by hand," but later, such objects as were transferred by the ceremony of " manci- pation." {Ulpian. tit. xix. i.) Majores nostri, nullam, ne privatam quidem rem agere feminas sine auctore voluerunt ; in manu esse parentum, fratrum virorum. (Cato's Speech. Lh'y, 34, 2.) ' Tac. Aji/i., xiii. 32. Agric.^ 4. 19 20 GESTA CHRISTI. Roman woman had originally no legal inheritance in the property of her minor children. A child desiring to marry need not obtain her consent ; the children were not in the family of the mother but of the father ; the mother had no power over them. As a wife, the husband had, under old Roman law, power of life and death over her, and absolute control of her property. When she passed in manuvi — into the power — of her husband, she became not his equal, but his adopted daughter or ward. The law considered her as a sister of her own children ; all her property became that of her husband ; all her earnings were his. Like children and slaves, she was not, while in maun, 2l person in her own right. She lost all her family rights, and her agnates were deprived of their rights of tutelage or of succession to whatever of her property would revert to them. The great object of these legal arrangements was un- doubtedly to preserve the woman's property in certain families. Yet there was underlying them a deep contempt for woman, utterly foreign to the new Faith, but familiar to the Stoical school. Thus Gaius gives as the ground for the tutelage of woman, her " levity of mind "; ^ and Cicero in like manner, explains it as due to her " infirmity of pur- pose." 2 The three ancient forms of Roman marriage, the con- farrcation^^ or religious ceremony ; the co-emption,* or civil contract ; and the nsus, or intercourse, all gave the husband most of these rights over the wife. But side by side with * Veteres enim voluerunt feminas etiam si perfectae setatis sint propter animi levitatem in tutela esse. {Gains, Comm. i, 144.) ' Mulieres omnes, propter infirmitatem consiJii, majores in tutorum potestate esse voluerunt. {Czc. pro Miiren.) ^ The eating of a cake oi far^ or rice, together. * The form of purchase. FREE MARRIAGE, 31 * the ancient marriag-e, sprang- up another form, of " Free marriage," — a re-action from the former and in the interest of the woman, as that had been entirely in favour of the man. It was recognised by law, and produced legitimate children, though not always held as a respectable con- nection. Under it the children were submitted to the *' paternal power," and the woman lived with her husband, but she possessed her own property, worshipped her own gods, and was still connected with her own family. There was, under this form, entire separation of property between husband and wife, and they could even bring a civil action against one another in the courts. Such a wife was called uxor and uiatrona, while under the old marriage she en- joyed the proud title of mater-faniilias. The old form of iisits became changed into this form whenever a wife absented herself for at least three nights. Thus, in Rome, there were two extremes in the history of marriage ; the excessive power of the husband under the ancient form, and too great laxity under the new. This is to be borne in mind in considering the peculiar influence of Christian teachings upon the Roman law. By the second century after Christ, ustis and usucapio had disappeared as a rite by which the husband acquired his wife as a thing. " Confarreation " (the religious marriage) was only practised by families who discharged certain pontifical offices, and where this marriage was required as a condition of the children entering on these duties. " Co-emption " became the principal form for acquiring the absolute marital power. But " Free marriage " grew to be more and more the custom. Its effects on the rights of property in the woman were very marked. Under the old marriage, the woman in mami had nothing, could earn nothing, and own nothing. If the husband died, she divided the inheritance as one heir among the children; 22 GESTA CHRIST I, if there were no children, she was sole heir h'ke a daughter. If she died first, the husband took everything, even the property which she had brought to the marriage. In Free marriage arose the dos for a daughter ; that is, the father and daughter were bound to aid in the expenses of the future f^imily. The Julian Law made it obligatory on fathers and the paternal ancestors to dower their daughters. The dos was acquired by the husband, and united with his fortune ; he could alienate it, and even bring an action against his wife for objects in the dos, and, at her death, he was not obliged to restore it to her heirs. With Christianity, naturally came in a new conception of the position of woman. Her relation to her husband was gradually changed, and, step by step, these disabili- ties or disadvantages disappeared. The husband was first obliged to restore the dos to his father-in-law, solatii loco, as a solace at her death. In case of her husband's death, she was permitted to demand from his heirs what she had brought in dos. And finally, dotes were guaranteed to the widow. But the spirit of the new times was especially expressed in the Code of Justinian. ** It is worthy of the chastity oi our times," ^ say the Institutes, "to give this new position to women ; tutelage of women must be done away with."^ The dos must always be restored at the dissolution of mar- riage ; the husband was to have only a temporary limited interest in it ; it was inalienable even by consent of the wife. She even had a legal mortgage over all the immov- able property of her husband to guarantee its restitution.^ The absolute power of the husband ceased under Justi- nian's laws. ^ Dignum castitate nostorum temporum, etc. {Inst, lib. I. tit. xii.) 2 Pupilli, pupillteque cum puberes esse cccpeiint, tutela liberarentur • Iiist.^ lib. I. tit xxii. Lib. II. tit viil DIVORCE, 23 This ^reat code, under the inspiration of the fervent humanity taui;ht by the new Faith, made one great step in this important reform, . which is at length to give woman entire equaHty of rights under the law. The tendency towards ** the personal and proprietary independence " of women in modern law and custom received its first great stimulus in the religion of Jesus affecting Roman law. The mother acquires also under this code equal rights with the father over the succession of deceased children ; she becomes their legal tutor, and presides over the choice of a husband for the daughter. If the husband unjustly repudiates her, she receives full paternal power. ^ This is the beginning of that advance in the legal position of the mother, which has culminated in modern legisla- tion.2 Divorce. — The " Free marriage " naturally gave rise to the utmost freedom of divorce. Separation could be legally caused by either party, by a desire to divorce expressed in writing {liheliiim repiidii). Women made use of this even more than men. At the close of the Republic the licence was frightful. Augustus attempted in vain to struggle with it by legal enactments. The Julian Law deprived women of their dos who provoked divorce, but without effect. Seneca speaks of " qiiotidiana repudia^' daily divorces, and in another well-known passage, of the illustrious and noble- born women who reckon their years not by the number of the consuls, but by that of their husbands.^ Juvenal's epigram is well-known, of the woman who had eight ' C TJieod., V. 4, 5. Nov., 117,0. 7. ' See chapter of this work on " Position of Woman under Modern Influence." ^ . , . Non consulum numero sed maritorum, annos suos compu« lant. {Dc Btn.j iii. 15.) 24 CESTA CHRISTI. husbands in five years.^ Martial says : " who marries sc often, marries not all ; ^ she is but an adulteress " ; Tacitus speaks of " magna adulteria " of the time, and later, Ter- tullian ^ represents divorce as the very purpose and end of Roman marriage. Vice among Roman families had reached its lowest depths during the first centuries of the Christian era. The Roman senate in the year 19 A.D. was obliged to pass an act, that no woman whose grandfather or husband had been a Roman knight was permitted to make her person venal* A lady, whose father had been of Praetorian rank, had appeared before the ^diles to make a public profession of lewdness. Even before this, the more strict Romans had felt keenly the degradation of woman. Porcius Cato, in the year 558 of the city, had reproached women from the tribune for their desires for liberty and even licence in everything,^ and for so much neglecting the *' right and dignity of the man " (jus majestateiiique viri). Juvenal might well say that no crime or deed of lust was wanting to that age ^ ; — " the age of iron," ^ where the good were indeed few.* Even the calm philosophers, like Seneca, felt the deep depravity of the time. Woman he stigmatizes as a foolish, wild creature, unable to control her lusts. ' "^ Sic crescit numerus, sic fiunt octo mariti, Quinque per autumnos. {Sat. vi.) ^ Quae nubit toties, non nubit ; adultera lege est. {Ep. vi. 7). ^ Repudium jam et votum est, quasi matrimonii fructus. {Apol. c. vi.) ^ . . . ne quasstum corpore facerit, aut maritus eques Ro- manus fuisset. [Tac. Ann., 2, 83). • Omniu/n rerum libertatem, imo licentiam desiderant. • Nullum crimen abest, facinus que libidinis, ex quo Paupertas Romana perit. {Sat. vi. 223.) ' Nunc 2c\.2iS agitur, pejoraque sascula ferri. (xiii. 29.) ® Rari quippe boni. (xiii. 25 ) • Animal imprudens,ferum,cupiditatumimpatiens. {De Const. Sap. 14), lA/STANCES IN THE ROMAN PERIOD, 25 Paulus ^miliiis, when he discarded the beautiful Papyria, only deigned to say, " My shoes are new and well-made, but no one knows where they pinch me." ^ Seneca speaks of Maecenas as having "married a thousand times." 2 C. Sulp. Gallus is said to have repudiated his wife because he had seen her abroad with head un- covered. ^ Modesty was held to be a presumption of ugliness.* A correspondent of Cicero in one of his letters casually men- tions, as an item of news, a divorce without cause {sme causa) of one Paula Valeria, who announced to her husband on his return from a journey that she was separated from him and was about to marry Dec. Brutus.^ Cicero himself repudiated his wife Terentia in order to escape his creditors, by giving up to them the dos of his new wife, Publilia, whom again he afterwards repudiated. It is possible that we may exaggerate the depravity of these times, and judge too much from the epigrams of satirists and the condensed phrases of historians, still such legislation as we have quoted from Tacitus is a kind of evidence not easily to be overthrown.* It should not be forgotten, however, that intellectually the Roman woman must have received much training in the first two centuries, through the great number of secret associations existing. The burial inscriptions show that she bore an important part in these, and even held office in some of the munici- > Plut. Vit. P. JBm. ' Qui iixorem millies ducit. • VaL Max. (vi. 3, 10). De Prov., c. 3. * Argumentum est deformitatis pudicitia , , . Numquid jam ullus adulterii pudor est, postquam conventum est, iit nulla virum habeat, nisi ut aduiterum irritet ? {De Ben.^ 1. iii. c. 16.) * Lib. 8, ad Fani.y ep. 7. • An/Uy 2 83. 2f, GESTA CHRIST!. palities. It does not appear that these societies elevated her morals or character.^ Of the effect of the new Faith on this debasement of morals we shall speak elsewhere. Our present concern is with its influence on legislation. Laws are often far behind the morals of a community ; and the Christian principles would naturally enter very slowly into the legis- lation of an empire like the Roman. Constantine is the first nominally Christian emperor, but in life and character was much further from the Christian standards than some of the Pagan emperors. Yet his body of legislation first shows the new principles struggling with old habits and modes of life. By laws passed In 330-331 A.D., a wife may be divorced from her husband only under three con- ditions ; when he is a murderer, a magician, and a violator of tombs. A wife who divorces herself without cause loses her dos, and is banished to an island. The husband may be divorced from his wife when she is adulterous or given to evil practices. The divorced husband can marry again and keep the dos of his first wife. But if the woman succeeds in proving her innocence, she has right again to all the property of her husband, and even to the dos of the second wife. This legislation under Constantine sought in every way to strengthen the marriage tie. Civil equality was restored between the spouses. The duty of fidelity was presented to the husband by the law, as a sacred obligation to him as much as to the woman. A married man was prohibited (340 A.D.) from having a concubine, and finally adultery was punished as a capital crime (^f acinus atrocissiminn), * BoJssier, in his excellent work, La Religion Ro^naifie, has argued with great force for a better character of Roman Society than historians ha^e given to it. (See De Rossi, La Roma soif., torn. iii. 1S77.) ROMAN CODE UPON DIVORCE, 27 Concubinage was opposed, and efforts were made to change it into a permanent marriage. This legislation went on under succeeding emperors, llonorius and Thcodosius (421 A.D.) provided by law that any woman divorcing her husband, without legitimate cause, should lose her dos and all gifts of her husband, and be banished without hop