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
We see, then, that by no means all of these barbarian nations had the
same standards in regard to women. Of written laws there were none as
yet. But contact with the civilisation of Rome had its effect; and when
Goths, Burgundians, Franks, and Lombards had founded new states on the
ruins of the western Roman Empire, the national laws of the Germanic
tribes began to be collected and put into writing at the close of the
fifth century. Between the fifth and the ninth centuries we get the
Visigothic, Burgundian, Salic, Ripuarian, Alemannic, Lombardian,
Bavarian, Frisian, Saxon, and Thuringian law books. They are written in
medieval Latin and are not elaborated on a scientific basis. Three
distinct influences are to be seen in them: (1) native race customs,
ideals, and traditions; (2) Christianity; (3) the Roman civil law, which
was felt more or less in all, but especially in the case of the
Visigoths; as was natural, since this people had been brought into
closest touch with Rome. Inasmuch as the barbarians allowed all peoples
conquered by them to be tried under their own laws, the old Roman civil
law was still potent in all its strength in cases affecting a Roman. Let
us endeavour to glean what we can from the barbarian codes on the matter
of women's rights.
[Sidenote: Guardianship.]
The woman was always to be under guardianship among the Germanic peoples
and could never be independent under any conditions. Perhaps we should
rather call the power (_mundium_) wielded by father, brother, husband,
or other male relative a protectorate; for in those early days among
rude peoples any legal action might involve fighting to prove the merits
of one's case, and the woman would therefore constantly need a champion
to assert her rights in the lists. Thus the woman was under the
perpetual guardianship of a male relative and must do nothing without
his consent, under penalty of losing her property.[304] Her guardian
arranged her marriage for her as he wished, provided only that he chose
a free man for her husband[305]; if the woman, whether virgin or widow,
married without his consent, she lost all power to inherit the goods of
her relatives[306]; and her husband was forced to pay to her kin a
recompense amounting to 600 _solidi_ among the Saxons, 186 among the
Burgundians.[307]
[Sidenote: Marriage.]
Public-domain text, read in full here on John Shaqi.
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