3] Codex, iii, 36, 11: Inter filios ac filias bona intestatorum
parentium pro virilibus portionibus aequo iure dividi oportere explorati
iuris est.
[174] Gaius, iii, 25-31.
[175] See, e.g., Codex, vi, 60, i: Res, quae ex matris successione
fuerint ad filios devolutae, ita sint in parentum potestate, ut fruendi
dumtaxat habeant facultatem, dominio videlicet eorum ad liberos
pertinente.
[176] For all this, see Codex, v, 9, 5, and vi, 18, q.
[177] Paulus, v, 4, 14, who adds that exile was the penalty if the crime
had not been completely carried out. It would seem also that ravished
women had the option of deciding whether their seducers should marry
them or be put to death--see the _vitiatarum electiones_ as mentioned by
Tacitus, _Dial. de Orat_., 35. According to Ruffus, 40, a soldier who
did violence to a girl had his nostrils cut off, besides being forced to
give the injured woman a third part of his goods: militi, qui puellae
vim adtulerit et stupraverit, nares abscinduntur, data puellae tertia
militis facultatum parte.
[178] Paulus, v, 4, 21.
[179] By the lex Fabia. Paulus, v, 30 B. Digest, 48, 15; 17, 2, 51.
[180] Ulpian in Dig., 48, 8, 8; ibid., Tryphoninus, 48, 19, 39.
[181] Paulus, v, 23, 14; id. in Dig., 48, 19, 38.
[182] Paulus, supra cit.
[183] Martial, x, 35, and x, 38.
[184] Sappho, Telesilla, and Corinna belong to an earlier period, when
the Oriental idea of seclusion for women had not yet become firmly fixed
in Greece. Women like Agallis of Corcyra, who wrote on grammar
(Athenaeus, i, 25) and lived in a much later age, doubtless belonged to
the _hetaerae_ class.
[185] See, e.g., Pliny, _Letters_, v, 16.
[186] Pliny, _Letters_, i, 16.
[187] Persius, i, 4-5: Ne mihi Polydamas et Troiades Labeonem
praetulerint? "Are you afraid that Polydamas and the Trojan Ladies will
prefer Labeo to me?" The _Trojan Ladies_, of course, stand for the
aristocratic classes, Colonial Dames, so to speak, who were fond of
tracing their descent back to Troy just as Americans like to discover
that their ancestors came over in the _Mayflower_.
[188] Juvenal, vi, 434-440.
[189] Cf. Martial, ii, 90: sit mihi verna satur, sit non doctissima
coniunx.
[190] The famous verses of Martial:
Quid tibi nobiscum, ludi scelerate magister? Invisum pueris
virginibusque caput!
[191] Vespasian (69-79 A.D.) started free public education by appointing
Quintilian Professor of Rhetoric subsidised by the state.
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