A Short History of Women's Rights - From the Days of Augustus to the Present Time. with Special Reference - to England and the United States. Second Edition Revised, With - Additions. by Eugene A. Hecker
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property.[62] The attitude of the Roman law on the subject is clearly
expressed. "It is for the good of the state that women have their dowries inviolate."[63] "The dowry is always and everywhere a chief concern; for it is for the public good that dowries be retained for women, since it is highly necessary that they be dowered in order to bring forth offspring and replenish the state with children."[64] "It is just that the income of the dowry belong to the husband; for inasmuch as it is he who stands the burdens of the married state, it is fair that he also acquire the interest."[65] "Nevertheless, the dowry belongs to the woman, even though it is in the goods of the husband."[66] "A husband is not permitted to alienate his wife's estate against her will."[67] A wife could use her dowry during marriage to support herself, if necessary, or her kindred, to buy a suitable estate, to help an exiled parent, or to assist a needy husband, brother, or sister. The numerous accounts in various authors of the first three centuries after Christ confirm the statement that the woman's power over her dowry was absolute.[68] Then as now, a man might put his property in his wife's name to escape his creditors,[69]--a useless proceeding, if she had not had complete control of her own property. When the woman died, her dowry, if it had been given by the father (_dos profecticia_) returned to the latter; but if any one else had given it (_dos adventicia_), the dowry remained with the husband, unless the donor had expressly stipulated that it was to be returned to himself at the woman's death (_dos recepticia_),[70] In the case of a dowry of the first kind, the husband might retain what he had expended for his wife's funeral.[71] The dowry was confiscated to the state if the woman was convicted of lèse majesté, violence against the state, or murder.[72] If she suffered punishment involving loss of civil status under any other law which did not assess the penalty of confiscation, |
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