The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
In Florence, the woman is under the perpetual protection of the
_Mondualdo_. The term was still retained in the eighteenth century, but
under the statutes the _mundio_ soon becomes almost identical with the
Roman tutelage; as time goes on it gradually falls into disuse, but the
rights of women are never made equal with those of men. In respect of
marriage the intermixture of different legal systems is most marked.
Professor Gans has noted how the Pisans, finding that the Roman law
forbade a woman to re-marry within a year from her husband's death,
that the Canon law (interpreting the apostle's words as an unqualified
permission) contained no such prohibition, and that the Longobard law
forbade re-marriage only for thirty days, fixed by their statutes the
prohibited period at six months. But this rough compromise neither met
the object intended by the Roman law, namely, that a second marriage
should not take place during the pregnancy which might possibly result
from the first, nor conceded the liberty allowed by the Canon law and
the Longobard. More commonly, however, the union of different laws
is brought about by the gradual transformation of one into another.
The Pisan statutes, for instance, regulate marriage almost entirely
according to the Roman Code. To the dower (_dos_) brought by the wife,
and the donation (_donatio propter nuptias_, called also _antefactum_)
given by the husband, they join other gifts, to which they give the
name "_corredo_," which, on the dissolution of the marriage, belong to
the wife: should they then be found to have been consumed or made away
with, she would be entitled to two-thirds of their value. As a rule
Pisan husbands and wives hold their property entirely separate, so that
marriage seems sometimes to involve a hostile relation, rather than a
community of interests.[386]