In suits.

The Christian emperors permitted widows to be guardians over their children if they promised on oath not to marry again and gave security against fraud.[[281]] Justinian forbade women to act by themselves in any legal matters.[[282]]

Bills of attainder.

Arcadius and Honorius (397 A.D.) enacted some particularly savage bills of attainder, which were in painful contrast to the clemency of their pagan predecessors. Those guilty of high treason were decapitated and their goods escheated to the crown. "To the sons of such a man [i.e., one condemned for high treason]," write these amiable Christians,[[283]] "we allow their lives out of special royal mercy—for they ought really to be put to death along with their fathers—but they are to receive no inheritances. Let them be paupers forever; let the infamy of their father ever follow them; they may never aspire to office; in their lasting poverty let death be a relief and life a punishment. Finally, any one who tries to intercede for these with us is also to be infamous."[[284]] However, to the daughters of the condemned these emperors graciously granted one fourth of their mother's but not any of their father's goods. In the case of crimes other than high treason the children or grandchildren were allowed one half of the estate.[[285]] Constantine decreed that a wife's property was not to be affected by the condemnation of her husband.[[286]]

Rape.

Ravishers of women, even of slaves and freedwomen, were punished by Justinian with death; but in the case of freeborn women only did the property of the guilty man and his abettors become forfeit to the outraged victim. A woman no longer had the privilege of demanding her assailant in marriage.[[287]]

SOURCES

Roman Law as cited in Chapter I, especially the Novellae of Justinian.

NOTES: