[19] The extraordinary leniency shown by this law to ecclesiastical
culprits, as compared with laymen guilty of the same offence, openly
displays the bias of the legislative power. There was one rule for the
priest, and another, and a very different one, for his parishioners.
It will be noted, also, that no provision is made for the punishment
of the higher clergy; while it was notorious that the bishops and
metropolitans were the greatest of all offenders, where women were
concerned. As they framed the laws which governed the people, and were
presumed to receive their inspiration from heaven, they naturally
came to regard themselves as above their own decrees, and not liable
to their penalties and restrictions. The dissolute character of the
priesthood in those times, and long subsequently, is well known to
every student of history. The indulgence with which the bishop was
accustomed to regard the failings of his subordinates is disclosed
by the fine imposed upon him for neglect to discipline the former.
No mercy is shown to the women involved, and, what is unusual, no
distinction is made where the latter belong to different castes, or
stations in society. It is probable that this law, so far as the
punishment of the clergy was concerned, “was more honor’d in the breach
than the observance.”--[ED.]
[20] The right of dower, established by the Visigothic Code, is Roman
in origin. It was derived from the bestowal of the dowry, “_res
uxorica_,” which was an almost indispensable part of every marriage
contract, and with which it is sometimes now confounded. While,
under the Roman law, the dowry was given by the intended wife or her
relations to the intended bridegroom, or to some member of his family,
with the Visigoths it came from the bridegroom, and represented, in
fact, the purchase money paid for the bride; a survival of the ancient
barbarian custom of marriage by purchase, just as the wedding-ring is
symbolical of the presumed subordination of the wife to her husband, a
ceremony whose purpose, as well as significance, have both long since
been forgotten.
Both the rights of dower and curtesy, as defined by the legal polity
of the Visigoths, it will be seen, are practically the same as they
now exist under the laws of England, and of those of many of the
States of the Union. Considering the lapse of time, the differences of
race and religion, the wide divergence of political systems, and the
antagonistic character of many of the social usages observed during
epochs separated by thirteen centuries, this fact is very remarkable.
While the wife had a right to the use of half of the deceased husband’s
property during her lifetime, he had a right to the use of only one
third of hers, as he has to-day. The favor generally shown to the wife
in the stipulations of the marriage contract, are largely the result
of the independence enjoyed by the sex under Teutonic and Scandinavian
customs.--[ED.]
Public-domain text, read in full here on John Shaqi.
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