sigoths[341] when the wife died, her husband continued in charge
of the property; but, as under the Roman law, he had to preserve it
entire for the children, though he might enjoy the usufruct. When a son
or daughter married, their father must at once give them their share of
their mother's goods, although he could still receive the income of one
third of the portion. If son or daughter did not marry, they received
one half their share on becoming twenty years of age; their father might
claim the interest of the other half while he lived; but at his death he
must leave it to them. When a woman left no children, her father or
nearest male kin usually demanded the dowry back.[342]
When the husband died, his estate did not go to wife, but to his
children or other relatives.[343] If however, any property had been
earned by the joint labour of husband and wife, the latter had a right
to one half among the Westfalians; to one third among the Ripuarians; to
nothing among the Ostfalians.[344] Children remained in the power of
their mother if she so desired and provided she remained a widow. A
mother usually had the enjoyment of her dowry until her death, when she
must leave it to her children or to the donor or nearest relative.[345]
If the husband died without issue, some nations allowed the wife a
certain succession to her husband's goods, provided that she did not
marry again. Thus, the Burgundians gave her under such conditions one
third of her husband's estate to be left to his heirs, however, at her
death.[346] The Bavarians, too, under the same conditions allowed her
one half of her husband's goods[347] and even if there was issue,
granted her the right to the interest of as much as one child
received.[348]
A widow who married again lost the privilege of guardianship over her
children, who thereupon passed to a male relative of the first husband.
As to the dowry of the prior union the woman must make it over at once
to her children according to some laws or, according to others, might
receive the usufruct during life and leave it to the children of the
first marriage at her death. Any right to the property of her first
husband she of course lost.[349] When there was no issue of the first
marriage then the dowry and nuptial donations could usually follow her
to a second union.
[Sidenote: Criminal law pertaining to women.]
Criminal law among these half civilised nations could not but be a crude
affair. Their civili
|