dollars. In the second century after Christ,
this law had fallen into complete desuetude.[155]
II.—By the Falcidian Law, passed in the
latter part of the first century B.C., no citizen
was allowed to divert more than three fourths of his
estate from his natural heirs.[156] The Romans felt
strongly against any man who disinherited his children
without very good reason; the will of such a parent
was called inofficiosum, “made without
a proper feeling of duty,” and the disinherited
children had an action at law to recover their proper
share.[157] A daughter was considered a natural heir
no less than a son and had equal privileges in succession[158];
and so women were bound to receive some inheritance
at least. III.—It is a sad commentary
on Christian rulers that for many ages they allowed
the crimes of the father to be visited upon his children
and by their bills of attainder confiscated to the
state the goods of condemned offenders. Now,
the Roman law stated positively that “the crime
or punishment of a father can inflict no stigma on
his child."[159] So far as the goods of the father
were concerned, the property of three kinds of criminals
escheated to the crown: (1) those who committed
suicide while under indictment for some crime,[160]
(2) forgers,[161] (3) those guilty of high treason[162].
Yet it seems reasonable to doubt whether these laws
were very often carried out strictly to the letter.
For example, the law did indeed hold that the estate
of a party guilty of treason was confiscated to the
state[163]; but even here it was expressly ordained
that the goods of the condemned man’s freedmen
be reserved for his children.[164] Moreover, in actual
practice we can find few instances where the law was
executed in its literal severity even under the worst
tyrants. It was Julius Caesar who first set the
splendid example of allowing to the children of his
dead foes full enjoyment of their patrimonies.[165]
Succeeding emperors followed the precedent.[166] Tyrants
like Tiberius and Nero, strangely enough, in a majority
of cases overruled the Senate when it proposed to
confiscate the goods of those condemned for treason,
and allowed the children a large part or all of the
paternal estate.[167] Hadrian gave the children of
proscribed offenders the twelfth part of their father’s
goods.[168] Antoninus Pius gave them all.[169] There
was a strong public feeling against bills of attainder
and this sentiment is voiced by all writers of the
Empire. The law forbade wives to suffer any loss
for any fault of their husbands.[170]
Since we have now noticed that women could inherit any amount, that they were bound to receive something under their fathers’ wills, and that the guilt of their kin could inflict no prejudice upon them in the way of bills of attainder involving physical injury or civil status and, in practice, little loss so far as inheriting property was concerned, we may pass to a contemplation of the specific legal rights of inheritance of women.