women from all mund, and placing them on a
physical and legal equality with the man, may be right, and may be
ultimately successful. We must not hastily prejudge them. But of this
we may be almost certain; that if they succeed, they will cause a wide-
spread revolution in society, of which the patent danger will be, the
destruction of the feeling of chivalry, and the consequent brutalization
of the male sex.
Then follow laws relating to marriage and women, of which I may remark,
that (as in Tacitus' time), the woman brings her dowry, or 'fader fee,'
to her husband; and that the morning after the wedding she receives from
him, if he be content with her, her morgen gap, or morning gift; which
remains her own private property, unless she misbehaves.
The honour of women, whether in fact or merely in fame, is protected by
many severe laws, among which I shall only notice, that the calling a
free woman 'striga' (witch) is severely punishable. If any one does so
who has the mund of her, except her father or brother, he loses his mund.
On the whole, woman's condition seems inferior to man's on some points:
but superior on others. e.g. A woman's weregeld--the price of her
life--is 1200 solidi; while the man's is only 900. For he can defend
himself, but she cannot. On the other hand, if a man kill his wife, he
pays only the 1200 solidi, and loses her dowry: but if she kill him, she
dies.
Again. If a free man be caught thieving, up to the amount of 20 siliquae,
beans, _i.e._ one gold piece--though Pope Gregory makes the solidus
(aureus) 24 siliquae--he replaces the theft, and pays 80 solidi, or dies;
and a slave one half, or dies.
But if a free woman is taken in theft, she only replaces it; for she has
suffered for her wrong-doing, and must lay it to her own shame, that she
has tried to do 'operam indecentem,' a foul deed. And if an aldia or
slave-woman steals, her master replaces the theft, and pays 40 solidi,
minus the value of the stolen goods--and beats her afterwards, I presume,
if he chooses.
And now concerning slaves, who seem to have been divided into three
classes.
The Aldius and Aldia, masculine and feminine, who were of a higher rank
than other slaves.
The Aldius could marry a free woman, while the slave marrying a free
woman is punishable by death; and, as experimentum crucis, if an Aldius
married an Aldia or a free woman, the children followed the father. If
he married a slave, the children
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