[Sidenote:  Protection of property of children.]

There is no point on which Roman law laid more stress than that the children, both male and female, were to be constantly protected and must receive their legal share of their father’s or mother’s goods.  After a husband’s divorce or death his wife could, indeed, enjoy possession of the property and the usufruct; but the principal had to be conserved intact for the children until they arrived at maturity.  In the same way a father was obliged to keep untouched for the children whatever had been left them by the mother on her decease[175]; and he must also leave them that part, at least, of his own property prescribed by the Falcidian Law.  A case—­and it was common enough in real life—­such as that described by Dickens in David Copperfield, where, by the English law, a second husband acquired absolute right over his wife’s property and shut out her son, would have been impossible under Roman law.  Neither husband nor wife could succeed to one another’s intestate estate absolutely unless there were no children, parents, or other relatives living.[176]

[Sidenote:  Punishment of crimes against women.]

Rape of a woman was punished by death; accessories to the crime merited the same penalty.[177] Indecent exposure before a virgin met with punishment out of course.[178] Kidnapping was penalised by hard labour in the mines or by crucifixion in the case of those of humble birth, and by confiscation of half the goods and by perpetual exile in the case of a noble.[179] Temporary exile was visited upon those guilty of abortion themselves[180]; if it was caused through the agency of another, the agent, even though he or she did so without evil intent, was punished by hard labour in the mines, if of humble birth, and by relegation to an island and confiscation of part of their goods, if of noble rank.[181] If the victim died, the person who caused the abortion was put to death.[182]

[Sidenote:  Rights of women to an education.]

The rights of women to an education were not questioned.  That Sulpicia could publish amatory poems in honour of her husband and receive eulogies from writers like Martial[183] shows that she and ladies like her occupied somewhat the same position as Olympia Morata and Tarquinia Molza later in Italy during the Renaissance, or like some of the celebrated Frenchwomen, such as Madame de Stael.  Seneca addresses a Dialogue on Consolation to one Marcia; such an idea would have made the hair of any Athenian gentleman in the time of Socrates stand on end.  Aspasia was obliged to be a courtesan in order to become educated and to frequent cultivated society[184]; Sulpicia was a noble matron in good standing.  The world had not stood still since Socrates had requested some one to take Xanthippe home, lest he be burdened by her sympathy in his last moments.  Pains were taken that the Roman girl of wealth should have special tutors.[185] “Pompeius