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lect02-第7部分
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stringent Paternal Power。 He; a Roman; familiar with a Patria
Potestas as yet undecayed; thinks it worthy of remark that the
head of a Gallic household had the power of life and death over
his wives as well as his children; and notices with astonishment
that; when a husband died under suspicious circumstances; his
wives were treated with the same cruelty as a body of household
slaves at Rome whose master had been killed by an unknown hand。
(B。 G。; vi。 19。) Now; though very much cannot be confidently said
about the transition (which; nevertheless; is an undoubted fact)
of many societies from polygamy to monogamy under influences
other than those of religion; it may plausibly be conjectured
that here and there it had its cause in liberty of divorce。 The
system which permitted a plurality of wives may have passed into
the system which forbade more than one wife at a time; but which
did not go farther。 The monogamy of the modern and Western world
is; in fact; the monogamy of the Romans; from which the license
of divorce has been expelled by Christian morality。 There are
hardly any materials for an opinion upon the degree of influence
exercised by the Church over the transformation of
marriage…relations in Ireland; but there are several indications
that the ecclesiastical rules as to the conditions of a valid
marriage established themselves very slowly among the ruder races
on the outskirts of what had been the Roman Empire。 Mr Burton
('History of Scotland;' ii。 213); in speaking of the number of
illegitimate claimants who brought their pretensions to the Crown
of Scotland before Edward the First; observes: 'That they should
have pushed their claims only shows that the Church had not yet
absolutely established the rule that from her and her ceremony
and sacrament could alone come the union capable of transmitting
a right of succession to offspring。' The tract on 'Social
Connexions' notices a 'first' wife; and the recognition may be
attributable to the Church; but on the whole my impression
certainly is that the extremely ascetic form under which
Christianity was introduced into Ireland was unfavourable to its
obtaining a hold on popular morality。 The common view seems to
have been that chastity was the professional virtue of a special
class; for the Brehon tracts; which make the assumptions I have
described as to the morals of the laity; speak of irregularity of
life in a monk or bishop with the strongest reprobation and
disgust。 At the present moment Ireland is probably the one of all
Western countries in which the relations of the sexes are most
nearly on the footing required by the Christian theory; nor is
there any reasonable doubt that this result has been brought
about in the main by the Roman Catholic clergy。 But this
purification of morals was effected during the period through
which monks and monasticism were either expelled from Ireland or
placed under the ban of the law。
I will take this opportunity of saying that the influence of
Christianity on a much more famous system than the Brehon law has
always seemed to me to be greatly overstated by M。 Troplong and
other well…known juridical writers。 There is; of course; evidence
of Christian influence on Roman law in the disabilities imposed
on various classes of heretics and in the limitations of that
liberty of divorce which belonged to the older jurisprudence。
But; even in respect of divorce; the modifications strike me as
less than might have been expected from what we know of the
condition of opinion in the Roman world; and; as regards certain
improvements said to have been introduced by Christianity into
the Imperial law of slavery; they were probably quickened by its
influence; but they began in principles which were of Stoical
rather than of Christian origin。 I do not question the received
opinion that Christianity greatly mitigated and did much to
abolish personal and predial slavery in the West; but the
Continental lawyers of whom I spoke considerably antedate its
influence; and take far too little account of the prodigious
effects subsequently produced by the practical equality of all
men within the pale of the Catholic priesthood。 But I principally
deprecate these statements; which in some countries have almost
become professional commonplaces; for two reasons。 They slur over
a very instructive fact; the great unmalleability of all bodies
of law。 and they obscure an interesting and yet unsettled;
problem; the origin of the Canon law。 The truth seems to be that
the Imperial Roman law did not satisfy the morality of the
Christian communities; and this is the most probable reason why
another body of rules grew up by its side and ultimately almost
rivalled it。
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