Hobhouse gives the same estimate as to the high status of women.
"The Roman matron of the Empire," he says, "was more fully her own mistress than the married woman of any earlier civilisation, with the possible exception of a certain period of Egyptian history, and, it must be added, the wife of any later civilisation down to our own generation."[304]
It is necessary to note that this freedom of the Roman woman was prior to the introduction of Christianity, and that under its influence their position began to suffer.[305] I cannot follow this question, and can only say how entirely mistaken is the belief that the Jewish religion, with its barbaric view of the relationship between the sexes, was beneficial to the liberty of women.
The Roman matrons had now gained complete freedom in the domestic relationship, and were permitted a wide field for the exercise of their activities. They were the rulers of the household; they dined with their husbands, attended the public feasts, and were admitted to the aristocratic clubs, such as the Gerousia is supposed to have been. We find from inscriptions that women had the privilege of forming associations and of electing women presidents. One of these bore the title of Sodalitas Pudicitiæ Servandræ, or "Society for Promoting Purity of Life." At Lanuvium there was a society known as the "Senate of Women." There was an interesting and singular woman's society existing in Rome, with a meeting-place on the Quirinal, called Conventus Matronarum, or "Convention of Mothers of Families." This seems to have been a self-elected parliament of women for the purpose of settling questions of etiquette. It cannot be said that the accounts that we have of this assembly are at all edifying, but its existence shows the freedom permitted to women, and points to the important fact that they were accustomed to combine with one another to settle their own affairs. The Emperor Heliogabalus took this self-constituted Parliament in hand and gave it legal powers.[306]
The Roman women managed their own property; many women possessed great wealth: at times they lent money to their husbands, at more than shrewd interest. It appears to have been recognised that all women were competent in business affairs, and, therefore, the wife was in all cases permitted to assume complete charge of the children's property during their minority, and to enjoy the usufruct. We have instances in which this capacity for affairs is dwelt on, as when Agricola, the general in command in Britain, shows such confidence in his wife as a business woman that he makes her co-heir with his daughter and the Emperor Domitian. Women were allowed to plead for themselves in the courts of law. The satirists, like Juvenal, declare that there were hardly any cases in which a woman would not bring a suit.
There are many other examples which might be brought forward to show the public entry of women into the affairs of the State. There would seem to have been no limits set to their actions; and, moreover, they acted in their own right independently of men. On one occasion, when the women of the city rose in a body against an unfair taxation, they found a successful leader in Hortensia, the daughter of the famous orator Hortensus, who is said to have argued their case before the Triumvirs with all her father's eloquence. We find the wives of generals in camp with their husbands. The graffitti found at Pompeii give several instances of election addresses signed by women, recommending candidates to the notice of the electors. We find, too, in the municipal inscriptions that the women in different municipalities formed themselves into small societies with semi-political objects, such as the support of some candidate, the rewards that should be made to a local magistrate, or how best funds might be collected to raise monuments or statues.
It is specially interesting to find how fine a use many of the Roman women made of their wealth and opportunities. They frequently bestowed public buildings and porticoes on the communities among which they lived; they erected public baths and gymnasia, adorned temples, and put up statues. Their generosity took other forms. In Asia Minor we find several instances of women distributing large sums of money among each citizen within her own district. Women presided over the public games and over the great religious festivals. When formally appointed to this position, they paid the expenses incurred in these displays. In the provinces they sometimes held high municipal offices. Ira Flavia, an important Roman settlement in Northern Spain, for instance, was ruled by a Roman matron, Lupa by name.[307] The power of women was especially great in Asia Minor, where they received a most marked distinction, and were elected to the most important magistracies. Several women obtained the highest Priesthood of Asia, the greatest honour that could be paid to any one.[308]
There is one final point that has to be mentioned. We have seen how the liberty and power of the Roman women arose from, and may be said to have been dependent on, the substituting of a laxer form of marriage with complete equality and freedom of divorce. In other words it was the breaking down of the patriarchal system which placed women in a position of freedom equal in all respects with men. Now, it has been held by many that, owing to this freedom, the Roman women of the later period were given up to licence. There are always many people who are afraid of freedom, especially for women. But if our survey of these ancient and great civilisations of the past has taught us anything at all, it is this: the patriarchal subjection of women can never lead to progress. We must give up a timid adherence to past traditions. It is possible that the freeing of women's bonds may lead in some cases to the foolishness of licence. I do not know; but even this is better than the wastage of the mother-force in life. The child when first it tries to walk has many tumbles, yet we do not for this reason keep him in leading strings. We know he must learn to walk; how to do this he will find out by his many mistakes.
The opinion as to the licentiousness of the Roman woman rests mainly on the statements of two satirical writers, Juvenal and Tacitus. Great pains have been taken to refute the charges they make, and the old view is not now accepted. Dill,[309] who is quoted by Havelock Ellis, seems convinced that the movement of freedom for the Roman woman caused no deterioration of her character; "without being less virtuous or respected, she became far more accomplished and attractive; with fewer restraints, she had greater charm and influence, even in social affairs, and was more and more the equal of her husband."[310] Hobhouse and Donaldson[311] both support this opinion; the latter writer considers that "there was no degradation of morals in the Roman Empire." The licentiousness of pagan Rome was certainly not greater than the licentiousness of Christian Rome. Sir Henry Maine, in his valuable Ancient Law (whose chapter on this subject should be read by every woman), says, "The latest Roman law, so far as it is touched by the constitution of the Christian Emperors, bears some marks of reaction against the liberal doctrines of the great Antonine jurisconsults." This he attributes to the prevalent state of religious feeling that went to "fatal excesses" under the influence of its "passion for asceticism."
At the dissolution of the Roman Empire the enlightened Roman law remained as a precious legacy to Western civilisations. But, as Maine points out, its humane and civilising influence was injured by its fusion with the customs of the barbarians, and, in particular, by the Jewish marriage system. The legislature of Europe "absorbed much more of those laws concerning the position of women which belong peculiarly to an imperfect civilisation. The law relating to married women was for the most part read by the light, not of Roman, but of Christian Canon Law, which in no one particular departs so widely from the enlightened spirit of the Roman jurisprudence than in the view it takes of the relations of the sexes in marriage." This was in part inevitable, Sir Henry Maine continues, "since no society which preserves any tincture of Christian institutions is likely to restore to married women the personal liberty conferred on them by the middle Roman law."