aced women
in a position of freedom equal in all respects with men. Now, it has
been held by many that, owing to this freedom, the Roman women of the
later period were given up to licence. There are always many people
who are afraid of freedom, especially for women. But if our survey of
these ancient and great civilisations of the past has taught us
anything at all, it is this: the patriarchal subjection of women can
never lead to progress. We must give up a timid adherence to past
traditions. It is possible that the freeing of women's bonds may lead
in some cases to the foolishness of licence. I do not know; but even
this is better than the wastage of the mother-force in life. The child
when first it tries to walk has many tumbles, yet we do not for this
reason keep him in leading strings. We know he must learn to walk; how
to do this he will find out by his many mistakes.
The opinion as to the licentiousness of the Roman woman rests mainly
on the statements of two satirical writers, Juvenal and Tacitus.
Great pains have been taken to refute the charges they make, and the
old view is not now accepted. Dill,[309] who is quoted by Havelock
Ellis, seems convinced that the movement of freedom for the Roman
woman caused no deterioration of her character; "without being less
virtuous or respected, she became far more accomplished and
attractive; with fewer restraints, she had greater charm and
influence, even in social affairs, and was more and more the equal of
her husband."[310] Hobhouse and Donaldson[311] both support this
opinion; the latter writer considers that "there was no degradation of
morals in the Roman Empire." The licentiousness of pagan Rome was
certainly not greater than the licentiousness of Christian Rome. Sir
Henry Maine, in his valuable _Ancient Law_ (whose chapter on this
subject should be read by every woman), says, "The latest Roman law,
so far as it is touched by the constitution of the Christian Emperors,
bears some marks of reaction against the liberal doctrines of the
great Antonine jurisconsults." This he attributes to the prevalent
state of religious feeling that went to "fatal excesses" under the
influence of its "passion for asceticism."
At the dissolution of the Roman Empire the enlightened Roman law
remained as a precious legacy to Western civilisations. But, as Maine
points out, its humane and civilising influence was injured by its
fusion with the customs of the barbarians, and, in part
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