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
page 28 of 307 (09%)
page 28 of 307 (09%)
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of the sex, exposed, as it is, to many mishaps of this sort."
[Sidenote: Rights of women to inherit.] The rights of women to inherit under Roman law deserve some mention. Here again we may note a steady growth of justice. Some general examples will make this clearer, before I treat of the specific powers of inheritance. I.--In the year 169 B.C. the Tribune Quintus Voconius Saxa had a law passed which restricted greatly the rights of women to inherit.[153] According to Dio[154] no woman was, by this statute, permitted to receive more than 25,000 sesterces--1250 dollars. In the second century after Christ, this law had fallen into complete desuetude.[155] II.--By the Falcidian Law, passed in the latter part of the first century B.C., no citizen was allowed to divert more than three fourths of his estate from his natural heirs.[156] The Romans felt strongly against any man who disinherited his children without very good reason; the will of such a parent was called _inofficiosum_, "made without a proper feeling of duty," and the disinherited children had an action at law to recover their proper share.[157] A daughter was considered a natural heir no less than a son and had equal privileges in succession[158]; and so women were bound to receive some inheritance at least. III.--It is a sad commentary on Christian rulers that for many ages they allowed the crimes of the father to be visited upon his children and by their bills of attainder confiscated to the state the goods of condemned offenders. Now, the Roman law stated positively that "the crime or punishment of a father can inflict no stigma on his child."[159] So far as the goods of the father were concerned, the property of three kinds of criminals escheated to the crown: (1) those who committed suicide while under indictment for some crime,[160] (2) forgers,[161] (3) those guilty of high treason[162]. Yet it seems |
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