A Short History of Women's Rights: From the Days of Augustus to the Present Time. with Special Reference to England and the United States. Second Edition Revised, With Additions.Hecker, Eugene A. (Eugene Arthur)
History
A Short History of Women's Rights: From the Days of Augustus to the Present Time. with Special Reference to England and the United States. Second Edition Revised, With Additions.
Hecker, Eugene A. (Eugene Arthur)
Women's rights -- History
Even from earliest times it is clear that the wife had complete control
of her dowry. The henpecked husband who is afraid of offending his
wealthy wife is a not uncommon figure in the comedies of Plautus and
Terence; and Cato the Censor growled in his usual amiable manner at the
fact that wives even in his day controlled completely their own
property.[62] The attitude of the Roman law on the subject is clearly
expressed. "It is for the good of the state that women have their
dowries inviolate."[63] "The dowry is always and everywhere a chief
concern; for it is for the public good that dowries be retained for
women, since it is highly necessary that they be dowered in order to
bring forth offspring and replenish the state with children."[64] "It is
just that the income of the dowry belong to the husband; for inasmuch as
it is he who stands the burdens of the married state, it is fair that he
also acquire the interest."[65] "Nevertheless, the dowry belongs to the
woman, even though it is in the goods of the husband."[66] "A husband is
not permitted to alienate his wife's estate against her will."[67] A
wife could use her dowry during marriage to support herself, if
necessary, or her kindred, to buy a suitable estate, to help an exiled
parent, or to assist a needy husband, brother, or sister. The numerous
accounts in various authors of the first three centuries after Christ
confirm the statement that the woman's power over her dowry was
absolute.[68] Then as now, a man might put his property in his wife's
name to escape his creditors,[69]--a useless proceeding, if she had not
had complete control of her own property.
When the woman died, her dowry, if it had been given by the father (_dos
profecticia_) returned to the latter; but if any one else had given it
(_dos adventicia_), the dowry remained with the husband, unless the
donor had expressly stipulated that it was to be returned to himself at
the woman's death (_dos recepticia_),[70] In the case of a dowry of the
first kind, the husband might retain what he had expended for his
wife's funeral.[71] The dowry was confiscated to the state if the woman
was convicted of lèse majesté, violence against the state, or
murder.[72] If she suffered punishment involving loss of civil status
under any other law which did not assess the penalty of confiscation,
the husband acquired the dowry just as if she were dead. Banishment
operated as no impediment; if the woman wished to leave her husband
under these circumstances, her father could recover the dowry.[73]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account