Women -- Italy -- Rome; Women -- Italy -- Rome -- Social life and customs
During this period, the legal condition of the Roman woman was also
greatly ameliorated. The acute sense of justice which actuated these
emperors could not neglect this result of civilization. On one occasion,
a matron stopped Hadrian in the street and begged leave to submit to him
a matter in which she was suffering injustice. He refused to be delayed.
"Why, then, are you emperor?" she bitterly exclaimed. This appealed to
him; for he was conscious that he had no right to govern unless he
allowed the salutary influence of his rule to extend to all alike.
A man and a woman, who, though they had cohabited, were not legally
married, disputed as to the possession of their child in order to
receive its share of the public allowance. "With whom do you live?"
asked Hadrian of the child. "My mother," was the answer. "You rascal,"
said the emperor to the man, "you have no right to this allowance."
"I implore you," cried another woman, "to order that a part of my son's
allowance be given to me." "But, my lord," said the son, "I do not
acknowledge her to be my mother." "Then," answered Hadrian, "I shall not
acknowledge you as a citizen."
These, it may be, were only casual incidents; but they indicate the sort
of rule under which Rome had come, and they must have formed powerful
precedents in future rulings in such cases. Laws were also passed which
helped to relieve the burden of legal injustice which from the first had
rested upon the Roman woman. A father had it always in his power to
compel his son to put away his wife, and could thus, if he chose,
shatter the life of a faithful, loving woman and drive her from her
home. Marcus Aurelius amended this tyrannical law, so that it could only
be executed for great and just cause. Under the old code, a child was
always subject to the condition of his mother at his birth; hence, if a
free woman, after conception, was relegated to servitude by sentence of
law, her child was born a slave. Hadrian decreed that if a woman was
free at any time during her pregnancy, her child should be free. This
would seem to be more of a relief to the child so born than to the
mother; but, apart from the mother sympathy, the parent of a free son
would be much more likely to regain her own liberty. This emperor also
decided that women should have the power to dispose of the whole of
their property by will, on obtaining the consent of their guardians. It
was soon afterward decreed that such a will should be valid without such
consent, and this made the property rights of the Roman woman as
untrammelled as such laws have been in any country, almost down to the
present time. There was also a modification of the law of inheritance,
so that women were allowed to take from their sons; but to avail herself
of this new law a freedwoman must have had no less than four children.
Public-domain text, read in full here on John Shaqi.
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