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tious, and that it implied an inferior state of sanctity, were rather inclined to neglect matrimony for more loose connections; and it was these people alone that then peopled the world. It was the survival of the unfittest. The noble men and women, on the other hand, who were dominated by the loftiest aspirations and exhibited the greatest temperance, self-control, and virtue, left no children." Sir Henry Maine comes to the same conclusion, and deplores the fact of the loss of liberty for women, adding: "The prevalent state of religious sentiment may explain why it is that modern jurisprudence, forged in the furnace of barbarian conquest, and formed by the fusion of Roman jurisprudence with patriarchal usage, has absorbed among its rudiments much more than usual of those rules concerning the position of women which belong peculiarly to an imperfect civilization." And he adds words which come from a man who is a good Christian as well as a profound student: "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." Passing now to the Middle Ages, we find conditions curiously involved. The exaltation of celibacy as the true condition for the religious, and the consequent enormous increase of convents, placed fresh barriers in the way of marriage; and the Church having attracted the gentle and devoted among the women and the more intelligent among the men, the reproduction of the species was for the most part still left to the brutal and ignorant, thus leading to a survival of the unfittest to aid in any advancement of the race. The number of women far exceeded that of men, who died not only from constant feuds and struggles, but from many pestilences, which naturally, in a day when sanitary laws were unknown, ravaged the country. Dr. Karl Buecher, commenting on the relation of this fact to the life of women at that time, notes that from 1336 to 1400 thirty-two years of plague occurred, forty-two between 1400 and 1500, and thirty between 1500 and 1600. In addition to the convents, which received the well-to-do, many towns established Bettina institutions, houses of God, where destitute women were cared for; but it was impossible for all who sought admittance to be provided for. The feudal system, with its absolute power over its serfs, had driven thousands into open revolt; a
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