Book VII.
Chap. 11. & 12.charged with favouring her irregularities; which limited greatly and annihilated, as it were, this sort of accusation[1].
Sixtus Quintus seemed to have been desirous of reviving the public accusation[2]. But there needs very little reflection to see, that this law would be more improper in such a monarchy as his, than in any other.
CHAP. XII.
Of the Guardianship of Women among the Romans.
THE Roman laws subjected women to a perpetual guardianship, except they were under cover and the authority of a husband[3]. This guardianship was given to the nearest of the male relations; and by a vulgar expression[4] it appears they were very much confined. This was proper for a republic, but not at all necessary in a monarchy[5].
That the women among the ancient Germans were likewise under a perpetual tutelage, appears from the different codes of the laws of the Barbarians[6]. This custom was communicated to the monarchies founded by those people; but was not of a long duration.
- ↑ It was entirely abolished by Constantine: "It is a shame, said he, that settled marriage should be disturbed by the presumption of strangers."
- ↑ Sixtus Quintus ordained, that if a husband did not come and make his complaints to him of his wife's infidelity, he should be put to death. See Leti.
- ↑ Nifi convenissent in manum viri.
- ↑ Ne'sis mibi patruis oro.
- ↑ The Papian law ordained under Augustus that women who had bore three children should be exempt from this tutelage.
- ↑ This tutelage was by the Germans called Mundeburdium.
