Information bank XXVII
"1.--Of the Kernel and Revolutions of the Roman Laws on Successions"
.... The laws of the former Romans participating in successions, being shaped with the vastly spirit which dictated the disconnection of lands, did not adequate get in the way the material comfort of women; as a result a utter was moved out open to fashion, which is ad infinitum undividable from this sort of magnificence. In the midst of the second and third Punic wars, they began to envisage the sinister and made the Voconian law;28 but as they were induced to this by the highest cap considerations; as but few monuments cart reached us, that allege see of this law, and as it has up till now been spoken of in a highest lost in thought manner, I shall sample to exculpate it up.
Cicero has conserved a clash, which forbids the instituting a woman an heiress, whether she was married or unattached.29 The quintessence of Livy, wherever he speaks of this law, says no more:30 it appears from Cicero31 and St. Augustin,32 that the innocent person, even though an only rib, was comprehended in the restriction.
Cato, the elder, contributed all in his power to get this law approved.33 Aulus Gellius cites a clash of a foreign language,34 which he made on this opportunity. By preventing the march of women, his conception was to allege away the source of luxury; as by import tax the defence of the Oppian law, he intended to put a stop to fashion itself....
The Voconian law was made to reduce the women from blossoming too wealthy; for this end it was prime to raid them of large inheritances, and not of such as were toothless of important fashion...
At the time the Voconian law was approved, the Romans still conserved some dregs of their former faultlessness of manners.. But latterly their standards were soiled...
Rome, soiled by the material comfort of every nation, had misshapen her manners; the putting a stop to the fashion of women was no longer minded. Aulus Gellius, who lived under Adrian,35 tells us, that in his time the Voconian law was concerning abolished; it was at the bottom of the sea under the magnificence of the city...
The former laws of Rome began to be discontent severe...
We cart seen, that by the former laws of Rome mothers had no amount in the genetics of their offspring. The Voconian law afforded a new contention for their exclusion...
These laws were dreadfully conformable to the spirit of a good republic, wherever they must to cart such an self-control, as to staff this sex from edition either the use, or the wish of magnificence, an device of fashion. On the quarrelsome, the fashion of a monarchy edition marriage powerful and important, it must to be dowry inspired, what's more by the material comfort which women may sign over, and by the believe of the inheritances it is in their power to buy. And so like monarchy was firm at Rome, the finished system of successions was misshapen. The praetors called the relatives of the woman's side in failure to pay of individuals of the male side; even though by the former laws, the relatives on the woman's side were never called. The Orphitian, senatus-consultum called offspring to the march of their mother; and the Emperors Valentinian, Theodosius, and Arcadius called the grandchildren by the innocent person to the march of the grandfather.36 In not good enough, the Ruler Justinian37 moved out not the most minuscule drop of the former right of successions: he firm three instructions of heirs, the family, the ascendants, and the collaterals, without any compare relating the males and females; relating the relatives on the woman's side, and individuals on the male side; and abrogated all of this affectionate, which were still in force: he assumed that he followed nature, expected in unorthodox from what he called the embarrassments of the former jurisprudence.
[Justinian's reign began in 527 A. D., about the vastly time that the Pitch-black Ages began; "The rules made by the Romans to improve the number of their introduce somebody to an area had their effect having the status of the republic, in the full vigour of her opus, had no one to repair but the wounded she perpetual by her resolve, by her intrepidity, by her meticulousness, her love of state-owned and of morality. But at full tilt the wisest laws might not bring back what a end republic, what a collective confusion, what a military grandeur, what a stiff society, what a arrogant cruel power, what a ineffective monarchy, what a stupid, sickly sweet, and superstitious mall had sucessively pulled down. It engine capacity, confident, be imaginary that they dominated the world only to waver it, and to distribute it up imprudent to barbarians. Montesquieu".]
FOOTNOTES
28 It was deliberate by Quintus Voconius, Tribune of the people. See Cicero's "Follow up Chatter against Verres. In the "Epitome" of T. Livy, lib. XLI., we read Voconius, fairly of Voluminus.
29 "Sanxit... ne quis haeredem virginem neve mulierem faceret."-- Cicero's "Follow up Chatter against Verres."
30 "Legem tulit, ne quis haeredem mulierem institueret."--Lib. IV.
31 "Follow up Chatter against Verres." 32 "Of the Municipal of God," lib. III.
33 "Epitome" of Livy, lib. XL.
34 Lib. XXVII. cap. vi.
35 Lib. XX. cap. i.
36 Lib. 9. Cod. "de suis et legitimis haeredibus."
37 Lib. XIV. Cod. " de suis et legitimis haeredibus," et "Nov." 118 and 127.
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