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. — John Shaqi
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
Christianity became the state religion under Constantine, who issued the
Edict of Milan, giving toleration to the Christians, in the year 313.
The emperors from Constantine through Justinian (527-565) modified the
various laws pertaining to the rights of women in various ways. To the
enactments of Justinian, who caused the whole body of the Roman law to
be collected, I intend to give special attention. We must not, as yet,
expect to find the strict views of the Church Fathers carried out in any
severe degree. On the contrary the old Roman law was still so powerful
that it was for the most part beyond the control of ecclesiasts.
Justinian was an ardent admirer of it and could not escape from its
prevailing spirit. Canon law had not yet developed. When the old Roman
civilisation in Italy has succumbed completely to its barbarian
conquerors; when the East has been definitely sundered from the West;
when the Church has risen supreme, has won temporal power, and has
developed canon law into a force equal to the civil law,--then finally
we shall expect to see the legal rights of women changed in accordance
with two new world forces--the Roman Catholic Church and the Germanic
nations. I shall now discuss legislation having to do with my subject
under the Christian emperors from Constantine (306-337) through the
reign of Justinian (527-565).
[Sidenote: Divorce: rescript of Theodosius and Valentian.]
The power of husband and wife to divorce at will and for any cause,
which we have seen obtained under the old Roman law, was confined to
certain causes only by Theodosius and Valentinian (449 A.D.). These
emperors asserted vigorously that[249] the dissolution of the marriage
tie should be made more difficult, especially out of regard to the
children. Pursuant to this idea the power of divorce was given for the
following reasons alone: adultery, murder, treason, sacrilege, robbery;
unchaste conduct of a husband with a woman not his wife and vice-versa;
if a wife attended public games without her husband's permission; and
extreme physical violence of either party. A woman who sent her husband
a bill of divorce for any other reason forfeited her dowry and all
ante-nuptial gifts and could not marry again for five years, under
penalty of losing all civil rights. Her property accrued to her husband
to be kept in trust for the children.
[Sidenote: Justinian on divorce]
Public-domain text, read in full here on John Shaqi.
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