ASTONISHING depravity marked the last days of the Republic, to the point where it was even said that annual divorces were as much the fashion in Rome as voluntary celibacy. Civil wars and proscriptions had left great voids in Roman families; more prolific foreigners, freed The stranger arriving in Rome had hardly entered its gates when he was being jostled and shoved. The narrow streets were filled with pedlars calling their wares of all kinds, from matches (sulphurata), in exchange for broken glass where money was scarce, to a dish of boiled peas for an as, or fine smoking sausages for those who had more money. Idlers filled the streets at all hours, but especially at the lunch hour (the sixth) when business ceased and those who patronized the cafÉs (tabernÆ) were hurrying to get to their accustomed tables. THE FINDING OF ROMULUS AND REMUS Around billboards (programmata) announcing A drunken man taking the entire via in his navigation—to the amusement of the crowd; a member of the city guard hurrying some offender to the court; or, reclining in his lectica, a noble, carried by six uniformed slaves, his other numerous attendants clearing the way for him—all these added to the noise and confusion—while through it all children crowded the curb with their games. Such was the Rome that Augustus found, its proud citizens masters of the world, luxurious, sensual, disdainful of the very idea of duty, idling days away while they scoffed at marriage. But the foreigners, the freedmen, and the slaves married, and when the burden of a new child was too much for the small income made by amusing or serving some Roman citizen, the little newcomer was thrown into the Tiber or left unmarked on a busy thoroughfare. One of the first undertakings of Augustus was to try to remedy these evil conditions by laws and fiscal measures, his principal endeavour being to put an end to the corruption of morals and the exhaustion of the legitimate population. From the day of the battle of Actium (B. C. 31) when the Roman world practically lay at his feet, Octavius, or Augustus as he was afterward called, while gratifying his ambition in adding to his power, studiously and ostentatiously observed the forms of popular government. In this he was paying heed to the fate of his uncle and also One of the first laws he proposed was the lex Julia (de maritandis ordinibus) which was rejected by the comitia tributa, B. C. 18, but was adopted in A. D. 4. To this was added as a supplement the lex Papia PoppÆa, the two being known as the lex Julia et Papia or as novÆ leges, or simply leges, the latter reference indicating that they were referred to as the laws par excellence. Not only marriage, but everything connected with it was treated in these two laws, which really constituted a code, the most extensive after the laws of the Twelve Tables. These laws made a great impression on Roman society. How completely customs had swung to extremes since the days of Romulus is shown in this lex Papia, as Gaius calls it. Instead of securing the father in his right over the life of children, as the stern head of the house who might decide at will whether he should let his offspring live, the law now decreed that it was through the children that he gained a status in the community. Persons who were not married and had no children were unable to inherit; the unmarried person not being able to take any part of what had been left to him, and the married person without children (orbus) being able to take only one half. With the establishment of the caduca, by which there was instituted a punishment for sterility and a reward for legitimate procreation, it can be seen that there would follow some diminution in the number of children exposed, though according to Tacitus, By giving the people, or the common treasury, the benefit of the clause forfeiting the inheritance on account of sterility, the law was recognizing the populus as the common father, a legal concept that is becoming more and more the attitude of the twentieth century, and was then first trenchantly expressed. Suppressed in part by the constitution of Caracalla as to the privileges of paternity to the claim upon the caduca, and by Constantine as to the penalties for celibacy, these laws were not completely and textually abrogated until Justinian. They were the beginning, however, of the new movement; out of the degeneration and degradation of the waning days of the Republic there had come at least this forward step, though the patricians complained that these provisions gave rise to despised informers and opportunities for tyrannical misuse of power. The child now had some other than a future use; it had an immediate value. Occasionally, in times past, strangers had picked up children exposed by their parents and had reared them as slaves, or maimed and blinded them for the profession of begging. Augustus set aside a reward of two thousand sesterces (about $40.00) for the person who would rear an orphan. This was the seed of a growing humanity, the first intimation of an inclination to treat children with kindness, though it contrasts with Augustus’s own personal conduct when his anger was aroused. Both his daughter and granddaughter were so profligate that he banished them; when his granddaughter Julia was delivered of a child after sentence, he ordered that the child be “neither owned as a relative nor brought up.” From the death of Augustus, 14 A. D., to the The Emperor Claudius distinguished himself by ordering that Claudia, a child by his first wife, “who was in truth the daughter of his freedman Boter, be thrown naked at her mother’s door.” There were no successors to the great jurists of the type of Capito and Labeo, whose opinions in Augustan days were accepted by even the emperor himself. With the coming of Nerva there was a great change in the attitude toward children. Despite a short reign of two years and a reputation for a weak will, it was to his initiative that the State owed the movement to put an end to the practice of abandoning infants, by having the government subsidize poor parents. Apparently there was no other way of stopping this ruinous custom in a degenerate day. It was useless to appeal to the rich to rear families, and the poor who were still producing children were becoming poorer. One of Nerva’s noteworthy acts to alleviate conditions was the founding of colonies, and it was in accordance with the same general plan that, a few months before he died, he ordered that assistance should be given parents who found themselves without the means of bringing up their offspring. This order was issued in the year 97, and so successful was the experiment under his successor, Another evidence of the humanity of Nerva was the fact that he prohibited the making of eunuchs, a practice that had met with the disfavour of the Emperor Domitian years before, and a practice that led the Pope Clement XIV., to decree, centuries later, that no more castrats should sing in churches. And these things he did when the extravagance of his predecessors had made it necessary for him to sell the imperial furniture and jewels in order to replenish the treasury. One of his coins shows him seated in the curule chair, dispensing charity to a boy and girl, the mother standing near, with the legend “Tutela Italia.” One need only to read the gentle replies of the Emperor Trajan to the younger Pliny, to see that, in that reign at least, there was a great change and that the conception of duty in the modern sense was creeping into a military world. Pliny himself, in a letter to Cannius, describes how he settled five hundred thousand sesterces (about $20,000) on the city of Como for the maintenance of children, “who were born of good families”—an act as traceable to the growing protective tendency as to Pliny’s patriotism and love of glory. According to the tablet of Velia The means employed to help parents and prevent them from exposing their children were skilfully contrived. Through the municipality, Trajan lent money to certain proprietors to improve their land, and the interest paid on this loan constituted a benevolent fund by which the children were taken care of, or rather, by which their parents were rewarded for not murdering them. From the table of Velia we learn also that fifty-one proprietors of that section received on land twelve times the value of the loan, or 1,116,000 sesterces ($52,820) the annual interest of which, 55,800 sesterces ($2,650), constituted a fund for the support of three hundred children, two hundred and sixty-four boys and thirty-six girls. The boys received annually 192 sesterces, and the girls 144 sesterces. Illegitimate children were given less, the boys 144 sesterces, and the girls 120 sesterces, Writing to Pliny at Bithynia, to which place he had been sent by Trajan as imperial legate, the Emperor mildly answers an inquiry as to what the law shall be in that province regarding deserted children. Trajan rules that deserted children, who are found and brought up, shall be allowed their freedom without being obliged to repay the money expended for their maintenance. “The question concerning such children who were exposed by their parents,” says Trajan, “and afterward preserved by others, and educated in a state of servitude, though born free, has been frequently discussed; but I do not find in the constitutions of the princes, my predecessors, any general regulation upon this head extending to all the provinces. There are, indeed, some rescripts of Domitian to Avidius Niguinus and Armenius Brocchus, which ought to be observed; but Bithynia is not comprehended in the provinces therein mentioned. I am of opinion, therefore, that the A new note this, for in order to encourage the saving of children who had been exposed, the custom had been rigidly followed that the person who saved a child was able to regard it as his slave, without regard to what its condition had been previous to exposure. As shown in the correspondence of Pliny and Trajan, there is much truth, in the contention that the Emperor shows up better than the philosopher and poet. The noteworthy thing about this remarkable exchange of letters is that a new spirit is revealed. It is a living, working philosophy that we discover, practical results of that philosophy bringing a kindlier treatment of slaves, a greater respect for women, a more thoughtful regard for the education of the young, and a gentler assistance of the helpless and distressed. True, Cicero, a century and a half before had preached doctrines that paved the way, and for generations earlier there had been such a kindlier spirit in the air. But not until now do we find a man of Pliny’s dominating prominence, or nearness to power, suggesting that he will pay a third of the expenses of the cost of founding a university Tracing the thin thread of child progress through these livid days we are brought in touch with the little known but better side of Roman life; for despite the general debauchery of the upper classes and the unwholesome pictures of Juvenal, there is evidence that there were Roman families untouched by the general immorality where women of the type of Marcia or Helvia, addressed in the letters of Seneca, presided over homes in which there was an atmosphere of virtue and self-restraint, and where tales of deeds of the Romans of the earlier days still had their charm and their influence. |