The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
Divorce has become a public act of not unfrequent
occurrence. The woman, in short, is no longer under her husband's
_manus_, no longer subject to the _patria potestas_, no longer under
the tutelage of the _agnati_: she is protected by the State. When the
law still requires her to have a _tutor_ or procurator, she can choose
a stranger who becomes her servant rather than her master. Eventually
even this last shadow of subjection disappears. Absolutely her own
mistress, the woman may now hold property, increase her fortune, make
her will, lose her virtue; but her dowry, guaranteed and kept intact by
law, remains hers to the end of her life.
Nevertheless, as regards succession, the woman's rights are not yet the
same as the man's. It is true, that should her father die intestate,
she takes an equal share with her brothers of the inheritance; but
in all other cases of intestacy the nearest female agnate stands
after the most distant male. The woman cannot now do any legal act
for others, though this had not been forbidden previously; she cannot
be a witness; she cannot stand security for the debts of others. The
_Senatus-consultum Velleianum_ lays it down as a fixed rule, which,
to a certain extent, has remained in force to our own days--that the
woman must not undertake any obligation on behalf of others. She
may alienate her possessions in others' favour, may incur a direct
obligation, contract a debt, and transfer the money to others; but she
cannot bind herself to pay another's debt, nor guarantee its payment.
In the legislator's opinion, the infirmity of her sex leaves her enough
intelligence to escape danger in assuming direct obligations, or by
alienating her property, but not enough to guard her from lightly
undertaking remote and indirect liabilities which are often no less
serious.