It seems that the Latin tribes, which took a hand in the founding of
Rome, had long passed beyond the stage of the mother-right. Hence Rome
was built from the start as a State. The women that they needed they
captured, as the legend tells us, from the tribe of the Sabines, and
they called themselves after their Sabine wives,--Quirites. Even in
later years, the Roman citizens were addressed in the Forum as Quirites.
"Populus Romanus" stood for the free population of Rome in general; but
"Populus Romanus quiritium" expressed the ancestry and quality of the
Roman citizen. The Roman gens was of father-right stamp. The children
inherited as consanguineous heirs; if there were no children, the
relatives of the male line inherited; were none of these in existence,
then the property reverted to the gens. By marriage, woman lost her
right to inherit her father's property and that of his brothers. She had
stepped out of her gens: neither she nor her children could inherit from
her father or his brothers: otherwise the inheritance would be lost to
the paternal gens. The division in gentes, phratries and tribes
constituted in Rome for centuries the foundation of the military
organization, and also of the exercise of the rights of citizenship. But
with the decay of the paternal gentes and the decline of their
significance, conditions shaped themselves more favorably for woman. She
could not only inherit, but had the right to administer her own fortune.
She was, accordingly, far more favorably situated than her Greek sister.
The freer position that, despite all legal impediments, she gradually
knew how to conquer, caused the elder Cato, born 234 before our
reckoning, to complain: "If, after the example of his ancestors, every
head of a family kept his wife in proper subjection, we would not have
so much public bother with the whole sex."[18]
So long as the father lived, he held in Rome the guardianship over his
daughter, even if she were married, unless he appointed another guardian
himself. When the father died, the nearest male of kin, even though
declared unqualified as an agnate, came in as guardian. The guardian had
the right at any time to transfer the guardianship to any third person
that he pleased. Accordingly, before the law, the Roman woman had no
will of her own.
Public-domain text, read in full here on John Shaqi.
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