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
On the subject of divorce the regulations of the several peoples are
various; but the commands of the New Testament are alike strongly felt
in all; and we may expect to find divorce limited by severe
restrictions.[319] The Burgundians allowed it only for adultery or grave
crimes, such as violating tombs. If a wife presumed to dismiss her
husband for any other cause, she was put to death (_necetur in luto_);
to a husband who sent his wife a divorce without these specific reasons
existing the law was more indulgent, allowing him to preserve his life
by paying to his injured wife twice the amount that he had originally
given her parents for her, and twelve _solidi_ in addition; and in case
he attempted to prove her guilty of one of the charges mentioned above
and she was adjudged innocent, he forfeited all his goods to her and was
forced to leave his home.[320] The Visigoths were equally strict; the
husband who dismissed his wife on insufficient legal grounds lost all
power over her and must return all her goods; his own must be preserved
for the children; if there were none, the wife acquired his property. A
woman who married a divorced man while his first wife was living, was
condemned for adultery and accordingly handed over to the first wife to
be disposed of as the latter wished; exile, stripes, and slavery were
the lot of a man who took another wife while his first partner was still
alive.[321] The Alemanni and the Bavarians, who were more remote from
Italy and hence from the Church, were influenced more by their own
customs and allowed a pecuniary recompense to take the place of the
harsher enactments.[322]
[Sidenote: Adultery.]
Adultery was not only a legal cause for divorce, but also a grave crime.
All the barbarian peoples are agreed in so regarding it, but their
penalties vary according as they were more or less affected by proximity
to Italy, where the power of the Church was naturally strongest. The
Ripuarians, the Bavarians, and the Alemanni preferred a money fine
ranging from fifty to two hundred _solidi_.[323] Among the Visigoths
the guilty party was usually bound over in servitude to the injured
person to be disposed of as the latter wished.[324] Sometimes the law
was harsher to women than to men; thus, according to a decree of
Liutprand,[325] a husband who told his wife to commit adultery or who
did so himself paid a mulct of fifty _solidi_ to the wife's male
relatives; but if the wife consented to or hid the deed, she was put to
death. The laws all agree that the killing of adulterers taken in the
act could not be regarded as murder.
[Sidenote: The Church indulgent toward kings.]
Public-domain text, read in full here on John Shaqi.
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