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
The most minute regulations prevailed on the subject of injury to women.
Under the Salic law[353] for instance, if a free man struck a free women
on the fingers or hand, he had to pay fifteen _solidi_; if he struck her
arm, thirty _solidi_; if above her elbow, thirty-five _solidi_; if he
hit her breast, forty-five _solidi_. The penalties for murdering a free
woman were also elaborated on the basis of her value to the state as a
bearer of children. By the same Salic law[354] injury to a pregnant
woman resulting in her death merited a fine of seven hundred _solidi_;
but two hundred was deemed sufficient for murder of one after her time
for bearing children had passed. Similarly, for killing a free woman
after she had begun to have children the transgressor paid six hundred
_solidi_; but for murdering an unmarried freeborn girl only two hundred.
The murder of a free woman was punished usually by a fine (_wergeld_)
equal to twice the amount demanded for a free man "because," as the law
of the Bavarians has it,[355] "a woman can not defend herself with arms.
But if, in the boldness of her heart (per audaciam cordis sui), she
shall have resisted and fought like a man, there shall not be a double
penalty, but only the recompense usual for a man [160 _solidi_]." Fines
were not paid to the state, but to the injuried parties or, if these did
not survive, to the nearest kin. If the fine could not be paid, then
might death be meted to the guilty.[356]
Another peculiar feature of the Germanic law was the appeal to God to
decide a moot point by various ordeals. For example, by the laws of the
Angles and Werini, if a woman was accused of murdering her husband, she
would ask a male relative to assert her innocence by a solemn oath[357]
or, if necessary, by fighting for her as her champion in the lists. God
was supposed to give the victory to the champion who defended an
innocent party. If she could find no champion, she was permitted to
walk barefoot over nine red-hot ploughshares[358]; and if she was
innocent, God would not, of course, allow her to suffer any injury in
the act.
[Sidenote: Women in slavery.]
Perhaps a word on the status of women in slavery among the Germanic
nations will not be out of place. The new nations looked upon a slave as
a chattel, much as the Romans did. If a wrong was done a slave woman,
her master received a recompense from the aggressor, but she did not,
for to hold property was denied her. But we may well believe that the
great value which the Church put on chastity and conjugal fidelity
rendered the slave woman less exposed to the brutal passions of her lord
than had been the case under the Empire. Thus, by a law of King
Liutprand, a master who committed adultery with the wife of a slave was
compelled to free both[359]; and the Visigot[360] inflicted fifty
lashes and a fine of twenty _solidi_ upon the man who used violence to
another man's slave woman.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account