7.12. 12. Of the Guardianship of Women among the Romans.
The Roman laws subjected women to a perpetual guardianship, except
they were under cover and subject to the authority of a husband.
[27]
This guardianship was given to the nearest of the male relatives; and by
a vulgar expression
[28]
it appears they were very much confined. This
was proper for a republic, but not at all necessary in a monarchy.
[29]
That the women among the ancient Germans were likewise under a
perpetual tutelage appears from the different codes of the Laws of the
Barbarians.
[30]
This custom was communicated to the monarchies founded
by those people; but was not of long duration.
Footnotes
[27]
Nisi convenissent in manum viri.
[28]
Ne sis mihi patruus oro.
[29]
The Papian law ordained, under Augustus, that women who had
borne three children should be exempt from this tutelage.
[30]
This tutelage was by the Germans called Mundeburdium.
