The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
While the marriage laws of the Longobards and the Romans differed thus
widely, their laws relating to guardianship were also different. The
_mundium_ of the Longobards, as we have seen, is not to be confounded
with the _tutela_ to which the Roman woman was subjected. Originating
in the incapacity to bear arms, it was of limited duration in the case
of males, and ceased with their incapacity. At first the limit was
fixed at the age of twelve, at a later period of eighteen years. But
for the woman, who could never become capable of bearing arms, it was
perpetual. From the _mundium_ of her father, she passed, on marriage,
under that of her husband; and on the death of her father, if then a
widow, under the _mundium_ of her own son, or of the agnates, who were
also her heirs.
In default of other guardians she was protected by the _Curtis Regia_.
But in every case, whether under father, husband, son, agnates, or
_Curtis Regia_, the _mundium_ was identical in character, having for
its object the protection of the weak. This could not be said of the
Roman _tutela_, which had its origin in the Roman conception of the
family. The _tutela_ of the Roman father over his children lasted all
his life; but he could divest himself of it. The _mundium_ of the
Longobard father lasted while his children were incapable of bearing
arms, and, as a logical consequence, ceased when the incapacity
terminated. While it cannot be positively asserted that emancipation
was unknown to the Longobards, it may be believed, from the tendency of
their law, to have been of rare occurrence. When the Roman woman was
subjected to the _potestas_ of her father, the _manus_ of her husband,
the _tutela_ of the agnates, there were three kinds of guardianship
very different from each other, corresponding with the difference in
the domestic relations of those who exercised the right. No one of them
had anything in common with the _mundium_.
The Longobard father had the right to sell his sons; he represented
them in courts of law; whatever they acquired was his. But, as
we have already shown, his authority was tempered by the family
council, in which the brothers of the mother--the children's natural
protectress--had much to say.
The Longobard family law has marked peculiarities in regard to
succession as well as to marriage. And first, it should be noted that
the disposal of property by will was recognised by the Longobards. This
seems contrary to the usage of the Germanic tribes, among whom wills
were unknown, but may be referred to the modifying action of the Roman
on the Longobard law.