136 



basis, first influenced and at last almost overthrew the jus 

 civile. It was by the influence of this^ws that the history 

 of Roman jurisprudence manifested the general tendency 

 to release the laws from narrow and oppressive forms, 

 and to establish them on principles which are founded on 

 so broad a basis that they, long after the downfall of 

 Rome, coidd be adopted by almost all nations and all 

 ages. A constant march is visible towards legal condi- 

 tions, which, unrestricted by national prejudices, rest 

 upon the broad foundations of human justice and reason. 



The spirit of Christianity releases the woman from the 

 slavery in which she was held in the east, and even in 

 Greece, and places her at the side of the man, as his 

 companion and his equal. The Roman law declares that 

 the wife is the consort of the whole life of the husband, 

 and shares all his divine and human rights. Was 

 Modestinus, who gave that definition of matrimony, 

 influenced by the spirit of Christianit}^ which Avas then 

 active, though not dominant, in different provinces of 

 the Roman Empire ; or is it that the development of 

 the Roman world led naturally to principles which are 

 so much in accordance with Christianity ? 



It is a singular coincidence, that whilst in the east the 

 followers of Christ propagated the religious and moral 

 doctrines which were to rule the future world, the 

 Roman lawyers brought to a final form the great princi- 

 ples of justice, by which the greatest number of the Chris- 

 tian nations should be governed. And yet these very 

 same lawyers were all animated by a great hostility to- 

 wards the new religion. 



The matrimonium juris gentium, or the free matrimony 

 without the manus, began about the time of the Twelve 

 Tables. This matrimony took at first only place with 

 intermarriages between foreigners and Romans; but as it 

 was free from the inconvenient regulations of the manus, 



