FREE BOOKS

Author's List




PREV.   NEXT  
|<   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119  
120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   >>   >|  
law of custom and public opinion has largely outgrown this enactment of the Church, made when she had the power to thus degrade women and brutalize men. "If the wife be injured in _her person or her property she can bring no action for redress_ without her husband's concurrence _and in his name_," and on the basis of loss of _her services_ to him _as a servant. "But in criminal prosecutions, it is true, the wife may be indicted and punished separately_." * * Blackstone. In the case of punishment the Church was entirely willing to give the devil his due. It had no ambition to deprive women of any indictments and punishments that were to be had. In this case, although the husband and wife were one, she was that one. Where privileges or property-rights were to be considered, he was the "one." Such grand reversible doctrines were always on tap with the clergy, and their barrel was always full. Truly, wives do owe much to the Church. Some of the provisions of these laws have, of late years, been modified by the efforts of men who were pronounced "infidels, destroyers of the Bible, the home, and the dignity of women," aided by women whom the orthodox deride as "strong--minded, ill-balanced, coarse, impious," etc., etc., _ad infinitum, ad nauseam_. A strong mind, whether in man or woman, has always been to the clergy as a red rag to a bull. "A woman may make a will, _with the assent of her husband_, by way of appointment of her _personal_ property. _She cannot even with his consent devise lands_.... Although our law in general considers a man and wife as one person, yet there are _some instances where she is considered separately as his inferior_," and for that trip only. As I remarked before when it comes to penalties she is welcome to the whole lot. "She may not make a deed." "A man may administer moderate correction to his wife." "These are the chief legal effects of marriage. Even the disabilities of the wife," Blackstone naively remarks, "are for the most part _intended for her protection; so great a favorite is the female sex of the laws of England!_" I should think that if this latter point were not quite clear to a woman, "moderate correction" might convince her that she was quite an unreasonable favorite--beyond her most eager desires. Where the Pagan law recognized her as the equal of her husband, the Church discarded that law, and based the Canon Law upon an archaic invention. Where Ma
PREV.   NEXT  
|<   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119  
120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   >>   >|  



Top keywords:
husband
 
Church
 
property
 
favorite
 

correction

 

separately

 

Blackstone

 

person

 

clergy

 

considered


moderate

 

strong

 

inferior

 

penalties

 

remarked

 

instances

 

Although

 
appointment
 
personal
 

assent


considers

 

general

 
consent
 

devise

 

effects

 

convince

 
invention
 

archaic

 

unreasonable

 
recognized

discarded

 
desires
 

England

 

marriage

 
administer
 

disabilities

 

protection

 

female

 

intended

 

naively


remarks

 
modified
 
prosecutions
 

indicted

 

punished

 

criminal

 

services

 

servant

 

punishment

 
ambition