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 29 of 307 (09%)
page 29 of 307 (09%)
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reasonable to doubt whether these laws were very often carried out
strictly to the letter. For example, the law did indeed hold that the estate of a party guilty of treason was confiscated to the state[163]; but even here it was expressly ordained that the goods of the condemned man's freedmen be reserved for his children.[164] Moreover, in actual practice we can find few instances where the law was executed in its literal severity even under the worst tyrants. It was Julius Caesar who first set the splendid example of allowing to the children of his dead foes full enjoyment of their patrimonies.[165] Succeeding emperors followed the precedent.[166] Tyrants like Tiberius and Nero, strangely enough, in a majority of cases overruled the Senate when it proposed to confiscate the goods of those condemned for treason, and allowed the children a large part or all of the paternal estate.[167] Hadrian gave the children of proscribed offenders the twelfth part of their father's goods.[168] Antoninus Pius gave them all.[169] There was a strong public feeling against bills of attainder and this sentiment is voiced by all writers of the Empire. The law forbade wives to suffer any loss for any fault of their husbands.[170] Since we have now noticed that women could inherit any amount, that they were bound to receive something under their fathers' wills, and that the guilt of their kin could inflict no prejudice upon them in the way of bills of attainder involving physical injury or civil status and, in practice, little loss so far as inheriting property was concerned, we may pass to a contemplation of the specific legal rights of inheritance of women. If women were to be disinherited, it was sufficient to mention them in an aggregate; but males must be mentioned specifically.[171] If, however, they were disinherited in an aggregate (_inter ceteros_), some |
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