The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
When the woman was under the _manus_ of her husband, she was
emancipated from the paternal authority and from the tutelage of her
agnates. The displeasure thereby caused to her own family was so
great that, before long, marriage by simple consent was resorted to,
according to which the woman became personally subject to her husband's
authority, but he had no right of _manus_ over her, and consequently
no power over her property. In this way the woman remained under the
power of her father or of the agnates, and at the same time came under
the authority of her husband, an arrangement that inevitably led to
many collisions, and hastened the advent of the most radical change
in the Roman family--the complete independence of woman. But, before
reaching this point, disputes were for a long time kept in check and
efficaciously remedied by the mediating influence of a most important
institution--the domestic tribunal. This family council, regulated
by usage, not law, was composed of agnates, cognates, relations,
and sometimes also of friends. It presided at espousals and at the
assumption of the _toga virilis_; it protected orphans; it aided the
head of the family in adjudicating and in awarding punishment, and
acted as a restraint on his authority. By law, the father could act
even without the co-operation of the Council; but by doing so, he
exposed himself to being publicly blamed and noted with ignominy by
the Censor, who, if necessary, might accuse him before the people. The
marriageable maiden was subject to and protected by this Council.
Becoming a wife by that form of marriage which brought her _in manus
viri_, she left her own family to become member of another; but if
not married under that form, she still remained subject to the family
Council, in which her husband was now included.
IV.