tuous lover of
his step-mother. A private jurisdiction is repugnant to the spirit of
monarchy; the parent was again reduced from a judge to an accuser;
and the magistrates were enjoined by Severus Alexander to hear his
complaints and execute his sentence. He could no longer take the life
of a son without incurring the guilt and punishment of murder; and the
pains of parricide, from which he had been excepted by the Pompeian
law, were finally inflicted by the justice of Constantine. The same
protection was due to every period of existence; and reason must applaud
the humanity of Paulus, for imputing the crime of murder to the father
who strangles, or starves, or abandons his new-born infant; or exposes
him in a public place to find the mercy which he himself had denied.
But the exposition of children was the prevailing and stubborn vice of
antiquity: it was sometimes prescribed, often permitted, almost always
practised with impunity, by the nations who never entertained the Roman
ideas of paternal power; and the dramatic poets, who appeal to the human
heart, represent with indifference a popular custom which was palliated
by the motives of economy and compassion. If the father could subdue
his own feelings, he might escape, though not the censure, at least the
chastisement, of the laws; and the Roman empire was stained with the
blood of infants, till such murders were included, by Valentinian and
his colleagues, in the letter and spirit of the Cornelian law. The
lessons of jurisprudence and Christianity had been insufficient to
eradicate this inhuman practice, till their gentle influence was
fortified by the terrors of capital punishment.
Experience has proved, that savages are the tyrants of the female sex,
and that the condition of women is usually softened by the refinements
of social life. In the hope of a robust progeny, Lycurgus had delayed
the season of marriage: it was fixed by Numa at the tender age of twelve
years, that the Roman husband might educate to his will a pure and
obedient virgin. According to the custom of antiquity, he bought his
bride of her parents, and she fulfilled the _coemption_ by purchasing,
with three pieces of copper, a just introduction to his house and
household deities. A sacrifice of fruits was offered by the pontiffs in
the presence of ten witnesses; the contracting parties were seated on
the same sheep-skin; they tasted a salt cake of _far_ or rice; and this
_confarreation_, which d
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