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
Some of the nations seem to have provided that children must not be
disinherited except for very strong reasons; for example, the law of the
Visigoths[336] forbids more than one third of their estate being
alienated by mother or father, grandmother or grandfather. The Alemanni
permitted a free man to leave all his property to the Church and his
heirs had no redress[337]; but the Bavarians compelled him before
entering monastic life to distribute among his children their
proportionate parts.[338]
[Sidenote: Property of the married woman.]
We may pass now to the property rights of the married woman. The
relation of her husband to the dowry I have already explained. The dowry
was conceived as being ultimately for the children; only when there were
no children, grandchildren, or great-grandchildren did the woman have
licence to dispose of the dowry as she wished: this was the law among
the Visigoths.[339] The dowry, then, was to revert to the children or
grandchildren at the death of the wife; if there were none such, to the
parents or relatives who had given her in marriage; these failing, it
escheated to the Crown--so according to Rotharis.[340] By the laws of
the Visigoths[341] when the wife died, her husband continued in charge
of the property; but, as under the Roman law, he had to preserve it
entire for the children, though he might enjoy the usufruct. When a son
or daughter married, their father must at once give them their share of
their mother's goods, although he could still receive the income of one
third of the portion. If son or daughter did not marry, they received
one half their share on becoming twenty years of age; their father might
claim the interest of the other half while he lived; but at his death he
must leave it to them. When a woman left no children, her father or
nearest male kin usually demanded the dowry back.[342]
When the husband died, his estate did not go to wife, but to his
children or other relatives.[343] If however, any property had been
earned by the joint labour of husband and wife, the latter had a right
to one half among the Westfalians; to one third among the Ripuarians; to
nothing among the Ostfalians.[344] Children remained in the power of
their mother if she so desired and provided she remained a widow. A
mother usually had the enjoyment of her dowry until her death, when she
must leave it to her children or to the donor or nearest relative.[345]
If the husband died without issue, some nations allowed the wife a
certain succession to her husband's goods, provided that she did not
marry again. Thus, the Burgundians gave her under such conditions one
third of her husband's estate to be left to his heirs, however, at her
death.[346] The Bavarians, too, under the same conditions allowed her
one half of her husband's goods[347] and even if there was issue,
granted her the right to the interest of as much as one child
received.[348]
Public-domain text, read in full here on John Shaqi.
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