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
Single women had grown absolutely unshackled and even their guardians
had become a mere formality, as the words of Gaius, already quoted (page
8) prove. That they had complete disposal of their property is proved
furthermore by the numerous complaints in Roman authors about the
sycophants who flattered and toadied the wealthy ladies with an eye to
being remembered in their wills.[123] For it is evident that if these
women had not had the power freely to dispose of their own property,
there would have been no point in paying them such assiduous court. The
legal age of maturity was now twenty-five for both male and female.
[Sidenote: Women engaged in business pursuits.]
Women engaged freely in all business pursuits. We find them in all kinds
of retail trade and commerce,[124] as members of guilds,[125] in
medicin[126] innkeeping,[127] in vaudevil[128]; there were even
female barbers[129] and charioteer[130]. Examples of women who toiled
for a living with their own hands are indeed very old, as the widow,
described by Homer, who worked for a scanty wage to support her
fatherless children, or the wreathmaker, mentioned by Aristophanes.[131]
But such was the case only with women of the lower classes; the lady of
high birth acted through her agents.[132]
[Sidenote: The right of women to sue.]
When so many women were engaged in business, occasions for lawsuits
would naturally arise; we shall see next what power the woman had to
sue. It was a standing maxim of the law that a woman by herself could
not conduct a case in court.[133] She had to act through her agent, if
she was independent, otherwise through her guardian. The supreme judge
at Rome and the governor in a province assigned an attorney to those who
had no agent or guardian.[134] But in this case again custom and the law
were at variance. Various considerations will make it clear that women
who sued had, in practice, complete disposal of the matter. I.--A woman
who was still under the power of her father must, according to law, sue
with him as her agent or appoint an agent to act with him. Nevertheless,
a father could do nothing without the consent of his daughter.[135]
Obviously, then, so far as the power of the father was concerned, a
woman had practically the management of her suit. II.--The husband had
no power. If he tried to browbeat her as to what to do, she could send
him a divorce, a privilege which she had at her beck and call, as we
have seen; and then she could force him to give her any guardian she
wanted.[136] III.--That the authority of other guardians was in practice
a mere formality, I have already proved (pp. 7 and 8).
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