During the early part of the second century before Christ, there was enacted around the Forum a scene such as never before had been witnessed or dreamed of in Rome. Crowds of matrons were there assembled to implore, and to gain by their importunity, the repeal of a law which curtailed their expenditure on dress. This was the Oppian law, which had been passed a few years previously, during the Second Punic War, when money was needed for the public service, and the people, not excluding the women, had responded with unbounded enthusiasm. The law in question decreed that "No woman should possess more than half an ounce of gold, or wear a garment of various colors, or ride in a carriage drawn by horses, in a city or any town or any place nearer thereto than one mile, except on occasion of some public religious solemnity." It is assumed by all writers that the half-ounce of gold to which the women were restricted put a restraint, beyond that limit, on the ornamentation of their dress; this is based on the very natural supposition that whatever of the precious metal they possessed would surely be displayed upon their persons. It is a little doubtful whether the decree concerning vehicles was inserted into the measure in order that the horses might be placed at the disposal of the army, or whether this was a crafty interpolation for the purpose of restricting the growing ostentation of the ladies. However, the law had been passed without any objection, so far as is known, from the women. But patient, uncomplaining submission on the part of the Roman women to their male guardians, whether collective or individual, was now becoming a thing of the past. They could neither make nor repeal laws; but they were no longer afraid to bring their influence to bear on those in whom lay that power. Champions of their cause were found in the two plebeian tribunes, and these moved in the Senate for the repeal of the Oppian law. Then ensued such a turmoil as if Hannibal were again menacing the gates of Rome, except that there was no unanimity of mind as to what should be done. This, however, only describes the attitude of the men; the women were united and, what is more, they were determined. They adopted what has become a common method in modern times; not that of forwarding to the legislators a numerously signed petition,--which is always a stronger protest than an effective influence,--but the more powerful one of pertinacious "lobbying." Crowds of women, reinforced by many who came in from the country towns and villages, thronged the streets leading to the Forum and importuned the men who were to decide the matter in which they were concerned. But they found an inexorable opponent in the redoubtable Cato. Livy gives us what he conceives the forceful orator to have said on the occasion:
THE "NEW" WOMAN IN ROME
After the painting by G. R. C. Boulanger
In the new society by which the old order was superseded in Italy, women soon learned how, by means of legal fictions, they might accomplish ends which were still illegal. It is altogether a new woman that we find in the last century of the Republic, taking the place of the old-time matron. She drives on the Appian Way and about the city in an equipage befitting her wealth and position; her naked African slaves wear silver collars and beat off the beggar boys, if she halts to purchase flowers; she entertains in her sumptuous home learned men, with whom she studies the Greek authors; she brings such influence to bear on the Senate as to cause laws to be passed in her favor; she frequently intrigues in matters political; she is not unaccustomed to divorce and remarriage; and, thus engaged, she leaves the spinning of wool, the occupation from time immemorial esteemed honorable by matrons, entirely to her domestics and her slaves.
"If, Romans, every individual among us had made it a rule to maintain the prerogative and authority of a husband with respect to his own wife, we should have less trouble with the whole sex. But now, our privileges, overpowered at home by female contumacy, are, even here in the Forum, spurned and trodden under foot; and because we are not able to withstand each separately, we now dread their collective body.... It was not without painful emotions of shame that I, just now, made my way to the Forum through the midst of a band of women. Had I not been restrained by respect for the modesty and dignity of some individuals among them, rather than of the whole number, and been unwilling that they should be seen rebuked by a consul, I should have said to them: 'What sort of practice is this, of running into public, besetting the streets, and addressing other women's husbands? Could not each have made the same request to her husband at home?. Are your blandishments more seducing in public than in private, and with other women's husbands than your own? Although, if the modesty of matrons confined them within the limits of their own rights, it did not become you, even at home, to concern yourselves about what laws might be passed or repealed here.' Our ancestors thought it not proper that women should perform any, even private, business, without a director; but that they should ever be under the control of parents, brothers, or husbands. We, it seems, suffer them now to interfere in the management of State affairs, and to introduce themselves into the Forum, into general assemblies, and into assemblies of election. For, what are they doing at this moment in your streets and lanes? What but arguing, some in support of the motion of the plebeian tribunes, others for the repeal of the law? Will you give the reins to their intractable nature, and their uncontrolled passions, and then expect that they themselves should set bounds to their lawlessness, when you have failed to do so? This is the smallest of the injunctions laid on them by usage or the laws, all of which women bear with impatience. They long for liberty, or rather, to speak the truth, for unbounded freedom in every particular. For what will they not attempt, if they now come off victorious?
"Recollect all the institutions respecting the sex, by which our forefathers restrained their undue freedom, and by which they subjected them to their husbands; and yet, even with the help of all these restrictions, you can hardly keep them within bounds. If, then, you suffer them to throw these off one by one, to tear them all asunder, and, at last, to set themselves on an equal footing with yourselves, can you imagine that they will be any longer tolerable by you? The moment that they have arrived at an equality with you, they will have become your superiors. But, forsooth, they only object to any new law being made against them; they mean not to deprecate justice, but severity. Nay, their wish is that a law which you have admitted, established by your suffrages, and confirmed by the practice and experience of so many years to be beneficial, should now be repealed; that is, by abolishing one law you should weaken all the rest. No law perfectly suits the convenience of every member of the community; the only consideration is, whether, upon the whole, it be profitable for the greater part.... I should like, however, to know what this important affair is which has induced the matrons thus to run out into public in this excited manner, scarcely restraining from pushing into the Forum and the assembly of the people.... What motive, that even common decency will allow to be mentioned, is pretended for this female insurrection? Why, say they, that we may shine in gold and purple; that, both on festal and common days, we may ride through the city in our chariots, triumphing over vanquished and abrogated law, after having captured and wrested from you your suffrages; and that there may be no bounds to our expenses and our luxury.
"Often have you heard me complain of the profuse expenses of the women--often of those of the men; and that not only of men in private stations, but of the magistrates; and that the State was endangered by two opposite vices--luxury and avarice, those pests which have been the ruin of all great empires. These I dread the more, as the circumstances of the commonwealth grow daily more prosperous and happy. As the Empire increases, as we have now passed over into Greece and Asia, places abounding with every kind of temptation that can inflame the passions, so much the more do I fear that these matters will bring us into captivity, rather than we them. Believe me, those statues from Syracuse were brought into this city with harmful effect. I already hear too many commending and admiring the decorations of Athens and Corinth, and ridiculing the earthen images of our Roman gods that stand on the fronts of their temples. For my part, I prefer these gods--propitious as they are, and I hope will continue to be, if we allow them to remain in their own mansions.... When the dress of all is alike, why should any one of you fear lest she should not be an object of observation? Of all kinds of shame, the worst, surely, is the being ashamed of frugality or of poverty; but this law relieves you with regard to both; since that which you have not it is unlawful for you to possess. This equalization, says the rich matron, is the very thing that I cannot endure. Why do I not make a figure, distinguished with gold and purple? Why is the poverty of others concealed under this cover of a law, so that it should be thought that, if the law permitted, they would have such things as they are not now able to procure? Romans, do you wish to excite among your wives an emulation of this sort, that the rich should wish to have what none other can have; and the poor, lest they be despised as such, should extend their expenses beyond their means? Be assured that when a woman once begins to be ashamed of what she ought not to be ashamed of, she will not be ashamed of what she ought. She who can will purchase out of her own purse; she who cannot will ask her husband. Unhappy is the husband, both he who complies with the request, and he who does not; for what he will not give himself he will see given by another.... So soon as the law shall cease to limit the expenses of your wife, you yourself will never be able to do so. Do not suppose that the matter will hereafter be in the same state in which it was before the law was made on the subject. It is safer that a wicked man should never be accused than that he should be acquitted; and luxury, if it had never been meddled with, would be more tolerable than it would be when, like a wild beast, irritated by being chained, it is let loose. My opinion is that the Oppian law ought, on no account, to be repealed."
The women, however, were not without their champion. In a debate on some ordinary affair of State, Lucius Valerius the Tribune would have been an inconsiderable antagonist for Cato; but, on this occasion, what he lacked in oratorical prestige was atoned for in that he had by far the more reasonable side of the argument. The fact that it was the custom of the Roman historians to compose, rather than report, the addresses of their orators renders any comparison of these two Senatorial speeches on woman's rights entirely uninteresting. Valerius is made to say: "Shall our wives alone reap none of the fruits of the public peace and tranquillity? Shall we men have the use of the purple? Shall our children wear gowns bordered with the same color, and shall we interdict the use of it to women alone? Shall your horse, even, be more splendidly caparisoned than your wife is clothed?" An appeal to the sympathy of the voters is made, as the matrons of Rome are represented as "seeing those ornaments allowed to the wives of the Latin confederates, of which they themselves have been deprived. They will behold those riding through the city in their carriages, and decorated with gold and purple, while they are obliged to follow on foot.... This would hurt the feelings even of men, and what do you think must be its effect on weak women, whom even trifles can disturb? Neither offices of State nor of the priesthood, nor triumphs, nor badges of distinction, nor military presents, nor spoils, may fall to their share. Elegance of appearance, and ornaments, and dress--these are the women's badges of distinction; in these they delight and glory; these our ancestors called the women's world."
The Oppian law was repealed, and Cato, as if he wished to escape the sight of the resulting disasters which he anticipated, took the command of a fleet of war vessels and sailed away to Spain. How the new liberty affected his own wife we are left to surmise; which is not difficult, in view of the opening sentences of his address.