Page images
PDF
EPUB

But, notwithstanding these startling facts, there can be no doubt that the general purity of the barbarians was from the first superior to that of the later Romans, and it appears in many of their laws. It has been very happily observed,1 that the high value placed on this virtue is well illustrated by the fact that in the Salic code, while a charge of cowardice falsely brought against a man was only punished by a fine of three solidi, a charge of unchastity falsely brought against a woman was punished by a fine of forty-five. The Teutonic sentiment was shown in a very stern legislation against adultery and rape,2 and curiously minute precautions were sometimes taken to guard against them. A law of the Spanish Visigoths prohibited surgeons from bleeding any free woman except in the presence of her husband, of her nearest relative, or at least of some properly appointed witness, and a Salic law imposed a fine of fifteen pieces of gold upon any one who improperly pressed her hand.3

Under the influence of Christianity, assisted by the barbarians, a vast change passed gradually over the world. The vice we are considering was probably more rare; it certainly assumed less extravagant forms, and it was screened from observation with a new modesty. The theory of morals had become clearer, and the practice was somewhat improved. The extreme grossness of literature had disappeared, and the more glaring violations of marriage were always censured and often repressed. The penitential discipline, and the exhortations of the pulpit, diffused abroad an immeasurably higher sense of the importance of purity than Pagan antiquity had known. St. Gregory the Great, following in the steps of some Pagan philosophers, strenuously urged upon

[blocks in formation]

4

9 See, on these laws, Lord Kames On Women; Legouvé, p. 57. • Favorinus had strongly urged it. (Aul. Gell. Noct. xii. 1.)

mothers the duty of themselves suckling their children; and many minute and stringent precepts were made against extravagances of dress and manners. The religious institutions of Greece and Asia Minor, which had almost consecrated prostitution, were for ever abolished, and the courtesan sank into a lower stage of degradation.

Besides these changes, the duty of reciprocal fidelity in marriage was enforced with a new earnestness. The contrast between the levity with which the frailty of men has in most ages been regarded, and the extreme severity with which women who have been guilty of the same offence have generally been treated, forms one of the most singular anomalies in moral history, and appears the more remarkable when we remember that the temptation usually springs from the sex which is so readily pardoned; that the sex which is visited with such crushing penalties is proverbially the most weak; and that, in the case of women, but not in the case of men, the vice is very commonly the result of the most abject misery and poverty. For this disparity of censure several reasons have been assigned. The offence can be more surely and easily detected, and therefore more certainly punished, in the case of women than of men ; and, as the duty of providing for his children falls upon the father, the introduction into the family of children who are not his own is a special injury to him, while illegitimate children who do not spring from adultery will probably, on account of their father having entered into no compact to support them, ultimately become criminals or paupers, and therefore a burden to society. It may be added, I think, that several causes render the observance of this virtue more difficult for one sex than for the other; that its violation, when every allowance has been made for the moral degradation which is a result of

1

These are the reasons given by Malthus, On Population, book iii. ch. ii.

the existing condition of public opinion, is naturally more profoundly prejudicial to the character of women than of men; and also that much of our feeling on these subjects is due to laws and moral systems which were formed by men, and were in the first instance intended for their own protection.

The passages in the Fathers, asserting the equality of the obligation imposed upon both sexes, are exceedingly unequivocal; and although the doctrine itself had been anticipated by Seneca and Plutarch, it had probably never before, and it has never since, been so fully realised as in the early Church. It cannot, however, be said that the conquest has been retained. At the present day, although the standard of morals is far higher than in Pagan Rome, it may be questioned whether the inequality of the censure which is bestowed upon the two sexes is not as great as in the days of Paganism, and that inequality is continually the cause of the most shameful and the most pitiable injustice. In one respect, indeed, a great retrogression resulted from chivalry, and long survived its decay. The character of the seducer, and especially of the passionless seducer who pursues his career simply as a kind of sport, and under the influence of no stronger motive than vanity or a spirit of adventure, has been glorified and idealised in the popular literature of Christendom in a manner to which we can find no parallel in antiquity. When we reflect that the object of such a man is by the coldest and most deliberate treachery to blast the

1 St. Augustine (De Conj. Adult. ii. 19) maintains that adultery is even more criminal in the man than in the woman. St. Jerome has an impressive passage on the subject: Aliæ sunt leges Cæsarum, aliæ Christi; aliud Papianus, aliud Paulus nostri ræcepit. Apud illos viris impudicitiæ fræra laxantur et solo

stupro atque adulterio condemnato passim per lupanaria et ancillulas libido permittitur, quasi culpam dignitas faciat non voluntas. Apud nos quod non licet feminis æque non licet viris; et eadem servitus pari conditione censetur.'-Ep. Ixxvii. St. Chrysostom writes in a similar strain.

lives of innocent women; when we compare the levity of his motive with the irreparable injury he inflicts; and when we remember that he can only deceive his victim by persuading her to love him, and can only ruin her by persuading her to trust him, it must be owned that it would be difficult to conceive a cruelty more wanton and more heartless, or a character combining more numerous elements of infamy and of dishonour. That such a character should for many centuries have been the popular ideal of a considerable section of literature, and the boast of numbers who most plume themselves upon their honour, is assuredly one of the most mournful facts in history, and it represents a moral deflection certainly not less than was revealed in ancient Greece by the position that was assigned to the

courtesan.

The fundamental truth, that the same act can never be at once venial for a man to demand, and infamous for a woman to accord, though nobly enforced by the early Christians, has not passed into the popular sentiment of Christendom. The mystical character, however, which the Church imparted to marriage has been extremely influential. Partly by raising it into a sacrament, and partly by representing it as, in some mysterious and not very definable sense, an image of the union of Christ with His Church, a feeling was fostered that a lifelong union of one man and one woman is, under all circumstances, the single form of intercourse between the sexes which is not illegitimate; and this conviction has acquired the force of a primal moral intuition.

There can, I think, be little doubt that, in the stringency with which it is usually laid down, it rests not upon the law of nature, but upon positive law, although unassisted nature is sufficient to lead men many steps in its direction. Considering the subject simply in the light of unaided reason, two rules comprise the whole duty of man. He must abstain from whatever injures happiness or degrades character.

Under the first head, he must include the more remote as well as the immediate consequences of his act. He must consider how his partner will be affected by the union, the light in which society will view the connection, the probable position of the children to be born, the effect of these births, and also the effect of his example upon the well-being of society at large. Some of the elements of this calculation vary in different stages of society. Thus, public opinion in one age will reprobate, and therefore punish, connections which, in another age, are fully sanctioned; and the probable position of the children, as well as the effect of the births upon society, will depend greatly upon particular and national circumstances.

pure

Under the second head is comprised the influence of this intercourse in clouding or developing the moral feelings, lowering or elevating the tone of character, exciting or allaying the aberrations of the imagination, incapacitating men for affections or extending their range, making the animal ̈part of our nature more or less predominant. We know, by the intuition of our moral nature, that this predominance is always a degraded, though it is not always an unhappy, condition. We also know that it is a law of our being, that powerful and beautiful affections, which had before been latent, are evoked in some particular forms of union, while other forms of union are peculiarly fitted to deaden the affections and to pervert the character.

In these considerations we have ample grounds for maintaining that the lifelong union of one man and of one woman should be the normal or dominant type of intercourse between the sexes. We can prove that it is on the whole most conducive to the happiness, and also to the moral elevation, of all parties. But beyond this point it would, I conceive, be impossible to advance, except by the assistance of a special revelation. It by no means follows that because this should be the dominant type it should be the only one,

« PreviousContinue »