The law of Theodosius and Valentinian1 took the cau­ses of repu­dia­tion from the ancient ethos and man­ners of the Romans.2 It num­be­red among these cau­ses the act of a hus­band who chas­ti­sed his wife in a man­ner unwor­thy of a free­born per­son.3 This cause was omit­ted in sub­se­quent laws,4 because the ethos had chan­ged in this res­pect : Oriental prac­ti­ces had taken the place of European ones. The first eunuch of the empress wife of Justinian II threa­te­ned her, his­tory says, with the punish­ment applied to chil­dren in the schools. Nothing short of an esta­bli­shed ethos, or an ethos see­king to become esta­bli­shed, could allow a per­son to ima­gine such a thing.

We have seen how laws fol­low the ethos ; let us now see how the ethos fol­lows the laws.

Law 8. cod. De repudiis.

And the law of the Twelve Tables, see Cicero, 2nd Philippic.

Si verberibus quæ ingenuis aliena sunt, afficientem probaverit.

In the 117th novella, ch. xiv.