those heroic times.
At the beginning of her royal career Rome, having sent to Greece to seek such principles of legislation as might suit the sky of Italy, stamped upon the forehead of the married woman the brand of complete servitude. The senate understood the importance of virtue in a republic, hence the severity of manners in the excessive development of the marital and paternal power. The dependence of the woman on her husband is found inscribed on every code. The seclusion prescribed by the East becomes a duty, a moral obligation, a virtue. On these principles were raised temples to modesty and temples consecrated to the sanctity of marriage; hence, sprang the institution of censors, the law of dowries, the sumptuary laws, the respect for matrons and all the characteristics of the Roman law. Moreover, three acts of feminine violation either accomplished or attempted, produced three revolutions! And was it not a grand event, sanctioned by the decrees of the country, that these illustrious women should make their appearances on the political arena! Those noble Roman women, who were obliged to be either brides or mothers, passed their life in retirement engaged in educating the masters of the world. Rome had no courtesans because the youth of the city were engaged in eternal war. If, later on, dissoluteness appeared, it merely resulted from the despotism of emperors; and still the prejudices founded upon ancient manners were so influential that Rome never saw a woman on a stage. These facts are not put forth idly in scanning the history of marriage in France.
After the conquest of Gaul, the Romans imposed their laws upon the conquered; but they were incapable of destroying both the profound respect which our ancestors entertained for women and the ancient superstitions which made women the immediate oracles of God. The Roman laws ended by prevailing, to the exclusion of all others, in this country once known as the "land of written law," or Gallia togata, and their ideas of marriage penetrated more or less into the "land of customs."
But, during the conflict of laws with manners, the Franks invaded the Gauls and gave to the country the dear name of France. These warriors came from the North and brought the system of gallantry which had originated in their western regions, where the mingling of the sexes did not require in those icy climates the jealous precautions of the East. The women of that time elevated the privations of that kind of life by the exaltation of their sentiments. The drowsy minds of the day made necessary those varied forms of delicate solicitation, that versatility of address, the fancied repulse of coquetry, which belong to the system whose principles have been unfolded in our First Part, as admirably suited to the temperate clime of France.
To the East, then, belong the passion and the delirium of passion, the long brown hair, the harem, the amorous divinities, the splendor, the poetry of love and the monuments of love. – To the West, the liberty of wives, the sovereignty of their blond locks, gallantry, the fairy life of love, the secrecy of passion, the profound ecstasy of the soul, the sweet feelings of melancholy and the constancy of love.
These two systems, starting from opposite points of the globe, have come into collision in France; in France, where one part of the country, Languedoc, was attracted by Oriental traditions, while the other, Languedoil, was the native land of a creed which attributes to woman a magical power. In the Languedoil, love necessitates mystery, in the Languedoc, to see is to love.
At the height of this struggle came the triumphant entry of Christianity into France, and there it was preached by women, and there it consecrated the divinity of a woman who in the forests of Brittany, of Vendee and of Ardennes took, under the name of Notre-Dame, the place of more than one idol in the hollow of old Druidic oaks.
If the religion of Christ, which is above all things a code of morality and politics, gave a soul to all living beings, proclaimed that equality of all in the sight of God, and by such principles as these fortified the chivalric sentiments of the North, this advantage was counterbalanced by the fact, that the sovereign pontiff resided at Rome, of which seat he considered himself the lawful heir, through the universality of the Latin tongue, which became that of Europe during the Middle Ages, and through the keen interest taken by monks, writers and lawyers in establishing the ascendency of certain codes, discovered by a soldier in the sack of Amalfi.
These two principles of the servitude and the sovereignty of women retain possession of the ground, each of them defended by fresh arguments.
The Salic law, which was a legal error, was a triumph for the principle of political and civil servitude for women, but it did not diminish the power which French manners accorded them, for the enthusiasm of chivalry which prevailed in Europe supplanted the party of manners against the party of law.
And in this way was created that strange phenomenon which since that time has characterized both our national despotism and our legislation; for ever since those epochs which seemed to presage the Revolution, when the spirit of philosophy rose and reflected upon the history of the past, France has been the prey of many convulsions. Feudalism, the Crusades, the Reformation, the struggle between the monarchy and the aristocracy. Despotism and Priestcraft have so closely held the country within their clutches, that woman still remains the subject of strange counter-opinions, each springing from one of the three great movements to which we have referred. Was it possible that the woman question should be discussed and woman's political education and marriage should be ventilated when feudalism threatened the throne, when reform menaced both king and barons, and the people, between the hierarchy and the empire, were forgotten? According to a saying of Madame Necker, women, amid these great movements, were like the cotton wool put into a case of porcelain. They were counted for nothing, but without them everything would have been broken.
A married woman, then, in France presents the spectacle of a queen out at service, of a slave, at once free and a prisoner; a collision between these two principles which frequently occurred, produced odd situations by the thousand. And then, woman was physically little understood, and what was actually sickness in her, was considered a prodigy, witchcraft or monstrous turpitude. In those days these creatures, treated by the law as reckless children, and put under guardianship, were by the manners of the time deified and adored. Like the freedmen of emperors, they disposed of crowns, they decided battles, they awarded fortunes, they inspired crimes and revolutions, wonderful acts of virtue, by the mere flash of their glances, and yet they possessed nothing and were not even possessors of themselves. They were equally fortunate and unfortunate. Armed with their weakness and strong in instinct, they launched out far beyond the sphere which the law allotted them, showing themselves omnipotent for evil, but impotent for good; without merit in the virtues that were imposed upon them, without excuse in their vices; accused of ignorance and yet denied an education; neither altogether mothers nor altogether wives. Having all the time to conceal their passions, while they fostered them, they submitted to the coquetry of the Franks, while they were obliged like Roman women, to stay within the ramparts of their castles and bring up those who were to be warriors. While no system was definitely decided upon by legislation as to the position of women, their minds were left to follow their inclinations, and there are found among them as many who resemble Marion Delorme as those who resemble Cornelia; there are vices among them, but there are as many virtues. These were creatures as incomplete as the laws which governed them; they were considered by some as a being midway between man and the lower animals, as a malignant beast which the laws could not too closely fetter, and which nature had destined, with so many other things, to serve the pleasure of men; while others held woman to be an angel in exile, a source of happiness and love, the only creature who responded to the highest feelings of man, while her miseries were to be recompensed by the idolatry of every heart. How could the consistency, which was wanting in a political system, be expected in the general manners of the nation?
And so woman became what circumstances and men made her, instead of being what the climate and native institutions should have made her; sold, married against her taste, in accordance with the Patria potestas of the Romans, at the same time that she fell under the marital despotism which desired her seclusion, she found herself tempted to take the only reprisals which were within her power. Then she became a dissolute creature, as soon as men ceased to be intently occupied in intestine war, for the same reason that she was a virtuous woman in the midst of civil disturbances.
