The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
But the progressive changes in the Roman family are not yet at an end.
To the numberless causes for change already in existence another is
added, when Christianity finds its way into the Empire, into literature
and law, and subverts all things. According to the law of Christ, man
and woman are equal; father and mother have equal rights and duties
in respect of their children, for whose advantage all things must be
ordered; whereas, by the old law, the rights of the children were
subordinated to the interests of the family. A new element is now
introduced into Roman law which further changes its character, already
much modified by Greek philosophy and by Byzantine despotism. The Canon
law accepts the principles of the Roman, recognises the wife's absolute
interest in her marriage portion, and rejects the pretensions of the
husband. Woman remains excluded from every office which the ancients
deemed proper to man; she cannot enter into obligations for others,
nor arbitrate, nor lay an accusation, nor bear witness in court; her
evidence has no legal effect. On the other hand, Roman law tends
inexorably to democratic equality, natural equity, and to the absolute
predominance of the State. The public authority deprives domestic
authority of its last remnant of power; it may almost be said that
the family, as a body-politic, disappears, to be reconstituted on the
footing of reciprocal affection. The final seal to these alterations
was imposed by the famous law of succession (Nov. 118 and 127) enacted
by Justinian in the years 543 and 547, which, suppressing every
privilege of sex and agnation, fixes rights according to the degree
of relationship, and makes them reciprocal. It moreover enlarges the
amount of the legitim, and ordains that the dowry of the wife should
be met by a _donatio propter nuptias_ of equal value from the husband,
and that, in the interest of the children, both should be inalienable.
Even with the consent of his wife, the husband cannot sell the dowry;
he may only administer it, and there must be complete reciprocity. The
wife is not only the owner of the dowry, she has besides a general
charge over her husband's property for its restitution, with a right of
action to enforce it as against all his other creditors. In inheriting
from their children the mother has equal right with the father, and
she is now qualified to be their guardian. Even the _Senatus-consultum
Velleianum_, which forbade women to incur obligations on behalf of
others, is modified with the same scope. Justinian, indeed, from his
desire to protect the property of the woman against all danger, is
strenuously opposed to her incurring obligations on behalf of her
husband; but he is much more indulgent in respect to obligations
undertaken on behalf of a stranger. These, if incurred for manifestly
good cause, are valid if renewed after two years. Thus modified, the
_Senatus-consultum Velleianum_ is treated with respect throughout the
Middle Ages.