WOMEN UNDER THE OLD ENGLISH LAW.

Oamaru Mail, Volume XXXVI, Issue 11684, 13 July 1912, Page 3 (Supplement)

WOMEN UNDER THE OLD ENGLISH LAW.

(By Eleanor R. Gatjo.)

The English common law is a remark- .'viable instance -of the manner in which man, in developing assimilates from, his surroundings those - .things most -esapn- ; tial to its well-being ' : . The first law-givers of England were r the Druids —those dread priests of the <~ dark forests. Then came the invader* . 1 —the Romans, the Picts, the Saxons C the Danes and the Normans, all bringing different laws and customs, so that ' to-d'aj lfc is difficult to say -with certaintv that such and such a law or custom is aii inheritance from the Saxorls, ■ ■ - the Danes or the Changing, constantly, the histoiy of the England is a turbulent one. Certain. ■ kings have won renown for themselves , ; by codifying and improving the laws.of- . f: their time —tor instance, Alfred the . t Great, Edv.ard the First, and King John, of Magna Charta iame. Tlius < generation by generation, at the hands r ~ of evil men as well as wise kings, tho laws of England gradually became cr.ys- - tallized into that wondrous institution - ' The Common Law —justly considered the bulwark of-an Englishman's liber- • ties and the foundation of American . , laws. -

-For a long .period, jurists in sqme - manner deceived themselves and others into thinking that this English -common law was particularly favorable .to women, basing their belief, no doubt,-on the words with which Blackstone concludes his chapter on Husband and : "Wife, viz.: . ~ * : "Even the disabilities which-the wife lies ..under are for the most part .in-- - - tended for- her protection and: benefit;-; - - so great a favorite is the female sex 1 of the laws of England." That the-learned commentator had,a peculiar idea of favoritism may ~bo % gleaned when vi c study something >of . the subject and note the differences, ill the laws respecting the two sexos. - . I According to Blackstone a woman on | marriage sank her identity completely . , i in- that of her husband, or to uso his i own words: "The. very existence of the woman is , 4 suspended during the marriage, -or , at" '-. least is incorporated and consolidated into that of the husband, under whose, wing, protection and covert she • per- * | forms everything. She is, therefore, called in our Law-Frencli, a femmc- >r covert, is said to be covert-baron, or,- . under "the protection and influence of 4 - • her husband, her baron, or lord." " ' - Read hastily, this has a somewhat „ chivalrous sound, but the "Law-French"-terms have a feudal meaning and consequently if the husband,' or baron, killed his wife, it was 110 nioro " in the eyes of the law than if he killed-*" -a stranger; whereas, if the wife killed*,' ' her husband it was a far more atrocious - ; crime, since it was rebellion against l . lawful authority. Therefore, the law. denominated her crime a species "of treason and condemnedMier to the sanies . - punishment as if she had killed her'-, kmg- . - .

- . Unfler tlio common law all women . weie denied the benefit of the clergy.' „ and up to the time of William and ' Mary a \ioman might be executed for the first offence in simple larceny/"/bigam>, manslaughter, meiely--because" her sex precluded the possibility* o£§lier. • taking holy orders ; though a man., who could read Hvas for tlia same ject only to burning in the hand aiicl a,"" * ■ tew■■■months' imprisonment. ' """ So much for the criminal laws. -.,ln> civil matteis things weie quite as bad. The position is ■ thus stated by Black-. - stone p, * - > '"By marriage, the liusband and -wife sare ono person in law; that is, the-legalx -■ existence of the woman is mergedjjiiir. v - ' that of her husband. He is her baron,- .. or lord, bound to supph her with shel r ' ter, food, clothing, medicine, an<l i, r- 1 is entitled to her earnings and the custodv of her person, which he may seize < wherever he mav find it." - " '"The husband, "being bound to pro-/ ■_ vide "for his wife the necessaries of life.'/ 1 "x-jT I and being responsible for her morals, and the good order of the household,"' v may choose and govern the domicile","»>,' select her associates, separate her from.//?: . her relatives, restrain her religious • and -ij • personal freedom, compel her to cohabit/'/; with him, correct her faults -by mildV/ means, and. it necessary, chastise her / ■with moderation, as though she were--/" his apprentice, 01 child lliis is in re-j spect to the terms of the carriage con tract, and the infirmity of the sex:" j-j >/ -s - Since a noman at marriage .ga.va;up her legal existence, all her personal jiVo-" - perty massed absolutely to her liusband > He managed the same, "collecting file rents, sold it, if he pleased, and at'-his' . -death might will it entirely away-fr0m,.',.?,, lus wife, leaving her a pawner. - In-the event of the death of his wife the pro- * peity, of course, remained the band's, wheieas, if she survived, she __ was entitled only to a dower interest, / - or one-third of his estate. £ : > " Contiary to the Roman law, under " the English common law,,a marned. woman was considered utterly able of devising lands or even her per--:'--i sonal property. ) /This naturally-since'" '• j upon he: marriage all her .property </- ! both real and pel sonal, became L \ I band's, and, as Blakstone says - com-' : - iplacently: "It would therefore-be-ex- -r tremely inconsistent to give her. -the" l_ . I power of defeating -that provision'of the J law, by bequeathing those chattels 5 " to V ' another." t / It was. considered a great advantage for the uoman that the husband, jnairiage, became . lesponsible for all ' « the debts contracted bv his wife pro- *" - vious to their marriage. Another tact - - 1 cited by admireis of the common law l as an instance of its favoritism for. "the- - - - : female sex" uas that it a woman committed theft, buiglary, or other civil of- - fence against, the laws ox society,'by the -- coercion of lier husband, or even in_lus , * company, she was not to,be considered-- *- ' guilty ot anj- crime; being considered..' as acting by compulsion and not'of her.-'. / on 11 will "" „ If the wife were injured in her-per--son or herpioperty, she could' bring 110 action for redress without hei husband's , s concurrence and 111 his name, as well V as her ,own; the only exception' being.. where the husband was. in - exile.- In. -\ ~ such event the law veiy.giacioi.isly permitted the wife to sfie or- be sued; as _ a 'femme sole —even BTaekstone,- .admit- ■ . Z ting that the husband - being thus/legal- <--.■> ly dead and "disabled to sue for or<de-,-fend the wife, it would be most unreasonable if slio had no remedy",_ 'Ot - - ' could make no defence at all.'' -Similar? - .

ly a parent could -have- no reparation, : ' from 'ihs scducjer of his daughter-, 'but ; -- by stating that she was ins servant and that by the consequences of -her.-seduc-- - tion he had been 3ei>rived of, the bene- . fit of lier labor. s In two cases tho English common law provides for a v jury of English matrons', to pass on the case of a n oman. -• r , In one particular the standing ot ,» , woman in England has been a credit to _ fl' tho land - Since the constitution- of , suffrages -in England was framed upon: hereditary, privileges, we find that unmarried women,- possessing the speci- - r -fied property qualifications, or women,administering property for their nnnor children, had the pnvilege of voting on ' ' all municipal questions. - - -- > The proposed parliamentary Irani chise, for which the women of Englandare now fisbtmg will also liave a* pio- > -- perty qualification. - ~* 4 . That women in England, while labors ing under s>uch legal disabilities have been, pointed- out- above, have nian-\ aged to maintain so high a degree of " - social and political importance. is J dua <- mora to the Anglo-Saxon qualities/ of mind, which are their inalienable birth- r right-, than to any rights or privileges ~ granted--them under the much lauded':..,,common law. - - - -