he whole blood, or his issue.
V. Then Oliver Stiles, and the other whole brothers, respectively, in
order of birth, or their issue.
VI. Then the sisters of the whole blood all together, Bridget and Alice
Stiles, or their issue.
And so on. It will be noted that females of equal degree inherited
together; and that a daughter excluded a brother of the dead man. Men
themselves, if younger sons, have suffered what seems to us a grave
injustice in the prevalence of the right of primogeniture, whereby, if
there are two or more males in equal degree, the eldest only can
inherit. This law might work for the benefit of certain females; thus,
the daughter, granddaughter, or great-granddaughter of an eldest son
will succeed before the younger son.
To public rights, such as sitting on a jury[393] or holding offices of
state, women never were admitted; that is a question that has become
prominent only in the twentieth century and will demand consideration in
its proper place.
[Sidenote: Power of Parents.]
Unlike the Roman law, English law allows parents to disinherit children
completely, if they so desire, without being under any compulsion to
leave them a part of their goods. As to legal power over children, the
mother, as such, is entitled to none, says Blackstone,[394] but only to
reverence and respect. Now, however, by the statute 2 and 3 Vict., c.
54, commonly called _Talfourd's Act_, an order may be made on petition
to the court of chancery giving mothers access to their children and, if
such children are within the age of seven years, for delivery of them to
their mother until they attain that age. But no woman who has been
convicted of adultery is entitled to the benefit of the act. The father
has legal power up to the time when his children come of age; then it
ceases. Until that time, his consent is necessary to a valid marriage;
he may receive the profit of a child's estate, but only as guardian or
trustee, and must render an account when the child attains his majority;
and he may have the benefit of his children's labour while they live
with him.
[Sidenote: Husband and wife. Pollock and Maitland, ii, 399-436.
Blackstone, i, ch 15. Bryce, pp. 818-830.]
We are ready now to observe the status of women in marriage. The
question of their legal rights in this relation offers the most
illuminating insight into their conditions in the various epochs of
history. Matrimony is a state over which the Church has alwa
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