The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression. — Dante Alighieri — John Shaqi
The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
With the Longobards, as with all the Germanic nations, woman was never
released from tutelage (_mundium_), never became her own mistress
(_selbmundia_). The man who desired to make her his wife must first of
all pay the price of the _mundium_ or guardianship which the marriage
would give him over her; next he must bind himself to make good the
_meta_, a species of dowry noticed by Tacitus when he remarks that,
among the Germans, the husband brought the dower to the wife, instead
of the wife bringing it to the husband. To the _meta_, also known
afterwards under the name of _dotalitium_, _dos_, _sponsalicium_,
&c., there was added the _faderfium_, which the father might, if he
chose, give to his daughter. On the morning of the day after the
wedding the husband presented his bride with a gift (_morgengab_),
attended, according to a very questionable interpretation, as the
price of her virginity. When Longobard customs came to be affected by
the growing influence of the Roman law, the amount of the _meta_ and
of the _morgengab_ was restricted. In the age of the communes, the
_faderfium_, now transformed into a dower, was also limited by law. The
_meta_, _faderfium_, and _morgengab_ belonged to the wife, who could
require them to be given up to her on her husband's death. But by a
peculiarity of the Germanic law, retained in its entirety even by the
Longobards, the Roman regulation, which made the dower the separate
and independent property of the wife [even during her husband's
lifetime], was never accepted. The only property owned absolutely and
exclusively by the woman was what was given her by the husband. The
Germanic law favoured the principle of common ownership. As to this,
Gans observes:--"It is not necessary with us, as with the Romans, that
a woman should have separate property of her own in order to assert
her juridical personality, and prove her equality with her husband.
She possesses what her husband possesses, and her equality rests on
the mutual affection which makes all differences disappear." In the
ordeal by combat the husband represented the wife, since she was under
the protection of his sword; if she were taken in adultery he might
put her to death. All her possessions, movable or immovable, including
even nuptial gifts made to her by friends, became the property of
her husband, who had only to provide against the contingency of the
marriage being dissolved by death: whence the necessity of the _meta_
and the _donatium_.
If the wife died without issue, everything went to the husband; on
the husband's death, the wife was entitled to receive the _meta_ and
_morgengab_ (donation). For anything more she was entirely dependent on
the generosity of her husband, who, at a later period, was permitted
to leave her the half, and, eventually, the whole usufruct of his
possessions.