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+*** START OF THE PROJECT GUTENBERG EBOOK 11672 ***
+
+A Short History of Women's Rights
+
+From the Days of Augustus to the Present Time. With Special Reference to
+England and the United States
+
+By Eugene A. Hecker
+
+_SECOND EDITION REVISED, WITH ADDITIONS_
+
+
+
+
+To
+
+MY MOTHER
+
+
+
+
+PREFACE TO THE SECOND EDITION
+
+
+In this edition a chapter has been added, bringing down to date the
+record of the contest for equal suffrage. The summary on pages 175-235
+is now largely obsolete; but it has been retained as instructive
+evidence of the rapid progress made during the last four years.
+
+E.A.H.
+
+CAMBRIDGE, MASS. _August, 1914_.
+
+
+
+
+PREFACE
+
+
+While making some researches in the evolution of women's rights, I was
+impressed by the fact that no one had ever, as far as I could discover,
+attempted to give a succinct account of the matter for English-speaking
+nations. Indeed, I do not believe that any writer in any country has
+essayed such a task except Laboulaye; and his _Recherches sur la
+Condition Civile et Politique des Femmes_, published in 1843, leaves
+much to be desired to one who is interested in the subject to-day.
+
+I have, therefore, made an effort to fill a lack. This purpose has been
+strengthened as I have reflected on the great amount of confused
+information which is absorbed by those who have no time to make
+investigations for themselves. Accordingly, in order to present an
+accurate historical review, I have cited my authorities for all
+statements regarding which any question could be raised. This is
+particularly so in the chapters which deal with the condition of women
+under Roman Law, under the early Christian Church, and under Canon Law.
+In all these instances I have gone directly to primary sources, have
+investigated them myself, and have admitted no secondhand evidence. In
+connection with Women's rights in England and in the United States I
+have either consulted the statutes or studied the commentaries of
+jurists, like Messrs. Pollock and Maitland, whose authority cannot be
+doubted. To such I have given the exact references whenever they have
+been used. In preparing the chapter on the progress of women's lights in
+the United States I derived great assistance from the very exhaustive
+_History of Woman Suffrage_, edited by Miss Susan B. Anthony, Mrs. Ida
+H. Harper, and others to whose unselfish labours we are for ever
+indebted. From their volumes I have drawn freely; but I have not given
+each specific reference.
+
+The tabulation of the laws of the several States which I have given
+naturally cannot be entirely adequate, because the laws are being
+changed constantly. It is often difficult to procure the latest revised
+statutes. However, these laws are recent enough to illustrate the
+evolution of women's rights.
+
+Finally, this volume was written in no hope that all readers would agree
+with the author, who is zealous in his cause. His purpose will be gained
+if he induces the reader to reflect for himself on the problem in the
+light of its historical development.
+
+E.A.H.
+
+CAMBRIDGE, MASS., 1910.
+
+
+
+
+CONTENTS
+
+
+CHAPTER I
+
+WOMEN'S RIGHTS UNDER ROMAN LAW, 27 B.C.-527 A.D.
+
+Originally women were always under guardianship--But under the Empire
+the entire equality of the sexes was recognised--Women in
+marriage--Their power over their property--Divorce--Women engaged in all
+business pursuits--Instances of women suing and pleading in
+law--Partiality of the law towards women--Rights of inheritance--Rights
+to higher education fully allowed--Provision made for poor children to
+be educated--The Vestals--Female slaves--Remarkable growth of
+humanitarianism towards slaves under the Empire--Sources
+
+
+CHAPTER II
+
+WOMEN AND THE EARLY CHRISTIAN CHURCH
+
+Christ laid down ethical principles but not minute regulations--The
+Apostles affected by Jewish and Oriental or Greek conceptions of
+women--Examples of these--St. Paul and St. Peter on the position of
+women--The Church Fathers elaborated these teachings--Examples of their
+contempt for women--Mingled with admiration for particular types of
+women--Their views of marriage--Their strictures on unbecoming
+dress--Summary of their views and how the status of women was affected
+by them--Sources
+
+
+CHAPTER III
+
+RIGHTS OF WOMEN AS MODIFIED BY THE CHRISTIAN EMPERORS
+
+Old Roman Law not abrogated suddenly--Divorce--Adultery--Second
+marriages--Engagements--Donations between husband and wife--Sundry
+enactments on marriage--Inheritance--Guardianship--Bills of Attainder of
+Christian Emperors merciless, in contrast to acts of pagan
+predecessors--Sources
+
+
+CHAPTER IV
+
+WOMEN AMONG THE GERMANIC PEOPLES
+
+A second world force to modify the status of women--Accounts of Caesar
+and Tacitus on position of women among Germanic peoples--The written
+laws of the barbarians--Guardianship--Marriage--Power of the
+husband--Divorce--Adultery--The Church indulgent to
+kings--Remarriage--Property rights--Peculiarities of the criminal
+law--Minutely-graded fines--Compurgation and ordeals--Innocence tested
+by the woman walking over red-hot ploughshares--Women in
+slavery--Comparison of position of women under Roman and under Germanic
+laws--Influence of theology--Sources
+
+
+CHAPTER V
+
+DIGRESSION ON THE LATER HISTORY OF ROMAN LAW
+
+Explanation of the various social and political forces which affected
+the position of women in the Middle Ages
+
+
+CHAPTER VI
+
+THE CANON LAW AND THE ATTITUDE OF THE ROMAN CATHOLIC CHURCH
+
+Canon law reaffirms the subjection of women--Women and
+marriage--Protection to women--Divorce--Cardinal Gibbons on protection
+of injured wives by Popes--Catholic Church has no divorce--But it allows
+fourteen reasons for declaring marriage null and void and leaving a
+husband or wife free to remarry--Some of these explained--Diriment
+impediments and dispensations--Historical instances of the Roman
+Church's inconsistency--Attitude towards women at present day--Opinions
+of Cardinals Gibbon and Moran, and Rev. David Barry and Rev. William
+Humphrey--Sources
+
+
+CHAPTER VII
+
+WOMEN'S RIGHTS IN ENGLAND
+
+Single women have always had private rights--But males preferred in
+inheritance--Examples--Power of parents--Husband and wife--Wife
+completely controlled by husband--He could beat her and own all her
+property--Recent abrogation of the husband's power--Divorce--Jeremy
+Taylor and others on duty of women to bear husband's sins with
+meekness--Injustice of the present law of divorce--Rape and the age of
+legal consent--Progress of the rights to an education--Women in the
+professions--Woman suffrage--Sources
+
+
+CHAPTER VIII
+
+WOMEN'S RIGHTS IN THE UNITED STATES
+
+Examples of the early opposition to women's rights--Age of
+consent--Single women--History of agitation for women's
+rights--Convention of 1848--Progress after the Civil War--Beginnings of
+higher education--First women in medicine--And in law, the ministry,
+journalism, and industry--Status of women in all the States in
+1910--Sources
+
+
+CHAPTER IX
+
+GENERAL CONSIDERATIONS
+
+The five arguments commonly used against equal suffrage--The
+theological--The physiological--The social or political--The
+intellectual--The moral--Lecky on the nature of women--The old and the
+new conception--Thomas on the power of custom--Taboo--All evolution
+accompanied by some extravagance--Macaulay on liberty--The double
+standard of morality--Co-operation--The proper sphere for a human
+being--Discrepancies of wages--Legal evolution in the interpretation of
+labour laws--The alarmist view of divorce
+
+
+CHAPTER X
+
+FURTHER CONSIDERATIONS
+
+The rapid spread of suffrage throughout the world--Table of suffrage
+gains from early times to present date--In national politics in the
+United States--Attack on the suffrage parade and colloquy between Mr.
+Hobson and Mr. Mann on the subject--Suffrage amendment defeated in the
+Senate--Mr. Heflin's remarks in the House--Mr. Falconer
+replies--President Wilson refuses to take a stand--Amendment lost--Mr.
+Bryan on suffrage--Examples of legislation to protect women passed
+recently--The tendency is to complete equality of the sexes--Suffrage in
+England--A delayed reform in divorce--Women's rights on the
+Continent--Especially in Germany--Schopenhauer's views of women--Further
+remarks on the philosophy of suffrage--"Woman's sphere"--Ultimate
+results of women entering all businesses and professions--Feminism--The
+home is not necessarily every woman's sphere and neither is motherhood
+nor is it her congenital duty to make herself attractive to
+men--Unreasonableness of gratuitous advice to women and none to
+men--What we don't know--Fallacy of the argument that the fall of the
+Roman Empire was due to the liberty given to woman--Official organs of
+various suffrage societies
+
+
+INDEX
+
+
+
+
+A Short History of Women's Rights
+
+
+
+
+CHAPTER I
+
+WOMEN'S RIGHTS UNDER ROMAN LAW, FROM AUGUSTUS TO JUSTINIAN--27 B.C. TO
+527 A.D.
+
+
+[Sidenote: Guardianship.]
+
+The age of legal capability for the Roman woman was after the twelfth
+year, at which period she was permitted to make a will.[1] However, she
+was by no means allowed to do so entirely on her own account, but only
+under supervision.[2] This superintendence was vested in the father or,
+if he was dead, in a guardian[3]; if the woman was married, the power
+belonged to the husband. The consent of such supervision, whether of
+father, husband, or guardian, was essential, as Ulpian informs us,[4]
+under these circumstances: if the woman entered into any legal action,
+obligation, or civil contract; if she wished her freedwoman to cohabit
+with another's slave; if she desired to free a slave; if she sold any
+things _mancipi_, that is, such as estates on Italian soil, houses,
+rights of road or aqueduct, slaves, and beasts of burden. Throughout her
+life a woman was supposed to remain absolutely under the power[5] of
+father, husband, or guardian, and to do nothing without their consent.
+In ancient times, indeed, this authority was so great that the father
+and husband could, after calling a family council, put the woman to
+death without public trial.[6] The reason that women were so subjected
+to guardianship was "on account of their unsteadiness of character,"[7]
+"the weakness of the sex," and their "ignorance of legal matters."[8]
+Under certain circumstances, however, women became _sui iuris_ or
+entirely independent: I. By the birth of three children (a freedwoman by
+four)[9]; II. By becoming a Vestal Virgin, of whom there were but
+six[10]; III. By a formal emancipation, which took place rarely, and
+then often only with a view of transferring the power from one guardian
+to another.[11] Even when _sui iuris_ a woman could not acquire power
+over any one, not even over her own children[12]; for these an agnate--a
+male relative on the father's side--was appointed guardian, and the
+mother was obliged to render him and her children an account of any
+property which she had managed for them.[13] On the other hand, her
+children were bound to support her.[14]
+
+[Sidenote: Digression on the growth of respect for women]
+
+So much for the laws on the subject. They seem rigorous enough, and in
+early times were doubtless executed with strictness. A marked feature,
+however, of the Roman character, a peculiarity which at once strikes the
+student of their history as compared with that of the Greeks, was their
+great respect for the home and the _materfamilias_. The stories of
+Lucretia, Cloelia, Virginia, Cornelia, Arria, and the like, familiar to
+every Roman schoolboy, must have raised greatly the esteem in which
+women were held. As Rome became a world power, the Romans likewise grew
+in breadth of view, in equity, and in tolerance. The political
+influence wielded by women[15] was as great during the first three
+centuries after Christ as it has ever been at any period of the world's
+history; and the powers of a Livia, an Agrippina, a Plotina, did not
+fail to show pointedly what a woman could do. In the early days of the
+Republic women who touched wine were severely punished and male
+relatives were accustomed solemnly to kiss them, if haply they might
+discover the odour of drink on their breath.[16] Valerius Maximus tells
+us that Egnatius Mecenas, a Roman knight, beat his wife to death for
+drinking wine.[17] Cato the Censor (234-149 B.C.) dilated with joy on
+the fact that a woman could be condemned to death by her husband for
+adultery without a public trial, whereas men were allowed any number of
+infidelities without censure.[18] The senator Metellus (131 B.C.)
+lamented that Nature had made it necessary to have women.[19]
+
+The boorish cynicism of a Cato and a Metellus--though it never expressed
+the real feelings of the majority of Romans--gave way, however, under
+the Empire to a generous expression of the equality of the sexes in the
+realms of morality and of intellect. "I know what you may say," writes
+Seneca to Marcia,[20] "'You have forgotten that you are consoling a
+woman; you cite examples of fortitude on the part of men.' But who said
+that Nature had acted scurvily with the characters of women and had
+contracted their virtues into a narrow sphere? Equal force, believe me,
+is possessed by them; equal capability for what is honorable, if they
+so wish." The Emperor Marcus Aurelius gratefully recalls that from his
+mother he learned piety and generosity, and to refrain not only from
+doing ill, but even from thinking it, and simplicity of life, far
+removed from the ostentatious display of wealth.[21] The passionate
+attachment of men like Quintilian and Pliny to their wives exhibits an
+equality based on love that would do honour to the most Christian
+households.[22] All Roman historians speak with great admiration of the
+many heroic deeds performed by women and are fond of citing conspicuous
+examples of conjugal affection.[23] The masterly and sympathetic
+delineation of Dido in the _Aeneid_ shows how deeply a Roman could
+appreciate the character of a noble woman. In the numerous provisions
+for the public education at the state's expense girls were given the
+same opportunities and privileges as boys; there were five thousand boys
+and girls educated by Trajan alone.[24]
+
+[Sidenote: Decay of the power or the guardian.]
+
+Such are a few examples of the growth of respect for women; and we
+should naturally conclude that, as time progressed, the unjust laws of
+guardianship would no longer be executed to the letter, even though the
+hard statutes were not formally expunged. This was the case during the
+first three centuries after Christ, as is patent from many sources. It
+is to be borne in mind that because a law is on the books, does not mean
+necessarily that it is enforced. A law is no stronger than public
+opinion. Of this anomaly there are plenty of instances even to-day--the
+Blue Laws of Massachusetts, for example. "That women of mature age
+should be under guardianship," writes the great jurist Gaius[25] in the
+second century, "seems to have no valid reason as foundation. For what
+is commonly believed, to the effect that on account of unsteadiness of
+character they are generally hoodwinked, and that, therefore, it is
+right for them to be governed by the authority of a guardian, seems
+rather specious than true. As a matter of fact, women of mature age do
+manage their own affairs, and in certain cases the guardian interposes
+his authority as a mere formality; frequently, indeed, he is forced by
+the supreme judge to lend his authority against his will." Ulpian, too,
+hints at the really slight power of the guardian in his day, that is,
+the first three decades of the third century. "In the case of male and
+female wards under age, the guardians both manage their affairs and
+interpose their authority; but in the case of mature women they merely
+interpose their authority."[26] The woman had, in practice, become free
+to manage her property as she wished; the function of the legal guardian
+was simply to see to it that no one should attempt a fraud against her.
+Adequately to observe the decay of the vassalage of women, we must
+investigate the story of their rights in all its forms; and the position
+of women in marriage will next occupy our attention.
+
+[Sidenote: Women and marriage.]
+
+As in all Southern countries where women mature early, the Roman girl
+usually married young; twelve years were required by custom for her to
+reach the marriageable age.[27] In the earlier period a woman was
+acquired as wife in three different ways: I. By _coemptio_--a mock sale
+to her husband[28]; II. By _confarreatio_--a solemn marriage with
+peculiar sacred rites to qualify men and women and their children for
+certain priesthoods[29]; III. By _usus_, or acquisition by prescription.
+A woman became a man's legal wife by _usus_ if he had lived with her one
+full year and if, during that time, she had not been absent from him for
+more than three successive nights.[30]
+
+All these forms, however, had either been abolished by law or had fallen
+into desuetude during the second century of our era, as is evident from
+Gaius.[31] A man could marry even if not present personally; a woman
+could not.[32] The woman's parents or guardians were accustomed to
+arrange a match for her,[33] as they still do in many parts of Europe.
+Yet the power of the father to coerce his daughter was limited. Her
+consent was important. "A marriage cannot exist," remarks Paulus,
+"unless all parties consent."[34] Julianus writes also that the daughter
+must give her permission[35]; yet the statement of Ulpian which
+immediately follows in the Digest shows that she had not complete free
+will in the matter: "It is understood that she who does not oppose the
+wishes of her father gives consent. But a daughter is allowed to object
+only in case her father chooses for her a man of unworthy or disgraceful
+character."[36] The son had an advantage here, because he could never be
+forced into a marriage against his will.[37] The consent of the father
+was always necessary for a valid marriage.[38] He could not by will
+compel his daughter to marry a certain person.[39] After she was
+married, he still retained power over her, unless she became independent
+by the birth of three children; but this was largely to protect her and
+represent her in court against her husband if necessity should
+arise.[40] A father was not permitted to break up a harmonious[41]
+marriage; he could not get back his daughter's dowry without her
+consent,[42] nor force her to return to her husband after a divorce[43];
+and he was punished with loss of citizenship if he made a match for a
+widowed daughter before the legal time of mourning for her husband had
+expired.[44] A daughter passed completely out of the power of her father
+only if she became _sui iuris_ by the birth of three children or if she
+became a Vestal, or again if she married a special priest of Jupiter
+(_Flamen Dialis_), in which case, however, she passed completely into
+the power of her husband. Under all circumstances a daughter must not
+only show respect for her father, but also furnish him with the
+necessaries of life if he needed them.[45]
+
+[Sidenote: "Breach of Promise."]
+
+Under the Empire no such thing as a "breach of promise" suit was
+permitted, although in the days of the Republic the party who broke a
+promise to marry had been liable to a suit for damages.[46] But this had
+now disappeared, and either party could break off the betrothal at
+pleasure without prejudice.[47] Whatever gifts had been given might be
+demanded back.[48] The engagement had to be formally broken off before
+either party could enter into marriage or betrothal with another;
+otherwise he or she lost civil status.[49] While an engagement lasted,
+the man could bring an action for damages against any one who insulted
+or injured his fiancée.[50]
+
+[Sidenote: Husband and Wife.]
+
+The Roman marriage was a purely civil contract based on consent.[51] The
+definition given by the law was a noble one. "Marriage is the union of a
+man and a woman and a partnership of all life; a mutual sharing of laws
+human and divine."[52] The power of the husband over the wife was called
+_manus_; and the wife stood in the same position as a daughter.[53] No
+husband was allowed to have a concubine.[54] He was bound to support his
+wife adequately, look out for her interests,[55] and strictly to avenge
+any insult or injury offered her[56]; any abusive treatment of the wife
+by the husband was punished by an action for damages[57]. A wife was
+compelled by law to go into solemn mourning for a space of ten months
+upon the death of a husband[58]. During the period of mourning she was
+to abstain from social banquets, jewels, and crimson and white
+garments[59]. If she did not do so, she lost civil status. The emperor
+Gordian, in the year 238, remitted these laws so far as solemn clothing
+and other external signs of mourning above enumerated were
+concerned.[60] But a husband was not compelled to do any legal mourning
+for the death of his wife.[61]
+
+The wife was, as I have said, in the power of her husband. Originally,
+no doubt, this power was absolute; the husband could even put his wife
+to death without a public trial. But the world was progressing, and that
+during the first three centuries after Christ the power of the husband
+was reduced in practice to absolute nullity I shall make clear in the
+following pages. I shall, accordingly, first investigate the rights of
+the wife over her dowry, that is, the right of managing her own
+property.
+
+Even from earliest times it is clear that the wife had complete control
+of her dowry. The henpecked husband who is afraid of offending his
+wealthy wife is a not uncommon figure in the comedies of Plautus and
+Terence; and Cato the Censor growled in his usual amiable manner at the
+fact that wives even in his day controlled completely their own
+property.[62] The attitude of the Roman law on the subject is clearly
+expressed. "It is for the good of the state that women have their
+dowries inviolate."[63] "The dowry is always and everywhere a chief
+concern; for it is for the public good that dowries be retained for
+women, since it is highly necessary that they be dowered in order to
+bring forth offspring and replenish the state with children."[64] "It is
+just that the income of the dowry belong to the husband; for inasmuch as
+it is he who stands the burdens of the married state, it is fair that he
+also acquire the interest."[65] "Nevertheless, the dowry belongs to the
+woman, even though it is in the goods of the husband."[66] "A husband is
+not permitted to alienate his wife's estate against her will."[67] A
+wife could use her dowry during marriage to support herself, if
+necessary, or her kindred, to buy a suitable estate, to help an exiled
+parent, or to assist a needy husband, brother, or sister. The numerous
+accounts in various authors of the first three centuries after Christ
+confirm the statement that the woman's power over her dowry was
+absolute.[68] Then as now, a man might put his property in his wife's
+name to escape his creditors,[69]--a useless proceeding, if she had not
+had complete control of her own property.
+
+When the woman died, her dowry, if it had been given by the father (_dos
+profecticia_) returned to the latter; but if any one else had given it
+(_dos adventicia_), the dowry remained with the husband, unless the
+donor had expressly stipulated that it was to be returned to himself at
+the woman's death (_dos recepticia_),[70] In the case of a dowry of the
+first kind, the husband might retain what he had expended for his
+wife's funeral.[71] The dowry was confiscated to the state if the woman
+was convicted of lèse majesté, violence against the state, or
+murder.[72] If she suffered punishment involving loss of civil status
+under any other law which did not assess the penalty of confiscation,
+the husband acquired the dowry just as if she were dead. Banishment
+operated as no impediment; if the woman wished to leave her husband
+under these circumstances, her father could recover the dowry.[73]
+
+A further confirmation of the power of the wife over her property is the
+law that prohibited gifts between husband and wife; obviously, a woman
+could not be said to have the power of making a gift if she had no right
+of property of her own. The object of the law mentioned was to prevent
+the husband and wife from receiving any lasting damage to his or her
+property by giving of it under the impulse of conjugal affection.[74]
+This statute acted powerfully to prevent a husband from wheedling a wife
+out of her goods; and in case the latter happened to be of a grasping
+disposition the law was a protection to the husband and hence to the
+children, his heirs, for whose interests the Roman law constantly
+provided.
+
+Gifts between husband and wife were nevertheless valid under certain
+conditions. It was permissible to make a present of clothing and to
+bestow various tokens of affection, such as ornaments. The husband could
+present his wife with enough money to rebuild a house of hers which had
+burned.[75] The Emperor Marcus Aurelius permitted a wife to give her
+husband the sum necessary to obtain public office or to become a senator
+or knight or to give public games.[76] A gift was also legal if made by
+the husband in apprehension that death might soon overtake him; if, for
+instance, he was very sick or was setting out to war, or to exile, or on
+a dangerous journey.[77] The point in all gifts was, that neither party
+should become richer by the donation.[78]
+
+Some further considerations of the relation of husband and wife will aid
+in setting forth the high opinion which Roman law entertained of
+marriage and its constant effort to protect the wife as much as
+possible. A wife could not be held in a criminal action if she committed
+theft against her husband. The various statements of the jurists make
+the matter clear. Thus Paulus[79]: "A special action for the recovery of
+property removed [_rerum amotarum iudicium_] has been introduced
+against her who was a wife, because it has been decided that it is not
+possible to bring a criminal action for theft against her [_quid non
+placuit cum ea furti agere posse_]. Some--as Nerva Cassius--think she
+cannot even commit theft, on the ground that the partnership in life
+made her mistress, as it were. Others--like Sabinus and Proculus--hold
+that the wife can commit theft, just as a daughter may against her
+father, but that there can be no criminal action by established law."
+"As a mark of respect to the married state, an action involving disgrace
+for the wife is refused."[80] "Therefore she will be held for theft if
+she touches the same things after being divorced. So, too, if her slave
+commits theft, we can sue her on the charge. But it is possible to bring
+an action for theft even against a wife, if she has stolen from him
+whose heirs we are or before she married us; nevertheless, as a mark of
+respect we say that in each case a formal claim for restitution alone is
+admissible, but not an action for theft."[81] "If any one lends help or
+advice to a wife who is filching the property of her husband, he shall
+be held for theft. If he commits theft with her, he shall be held for
+theft, although the woman herself is not held."[82]
+
+A husband who did not avenge the murder of his wife lost all claims to
+her dowry, which was then confiscated to the state; this by order of the
+Emperor Severus.[83]
+
+The laws on adultery are rather more lenient to the woman than to the
+man. In the first place, the Roman law insisted that it was unfair for a
+husband to demand chastity on the part of his wife if he himself was
+guilty of infidelity or did not set her an example of good
+conduct,[84]--a maxim which present day lawyers may reflect upon with
+profit. A father was permitted to put to death his daughter and her
+paramour if she was still in his power and if he caught her in the act
+at his own house or that of his son-in-law; otherwise he could not.[85]
+He must, however, put both man and woman to death at once, when caught
+in the act; to reserve punishment to a later date was unlawful. The
+husband was not permitted to kill his wife; he might kill her paramour
+if the latter was a man of low estate, such as an actor, slave, or
+freedman, or had been convicted on some criminal charge involving loss
+of citizenship.[86] The reason that the father was given the power which
+was denied the husband was that the latter's resentment would be more
+likely to blind his power of judging dispassionately the merits of the
+case.[87] If now the husband forgot himself and slew his wife, he was
+banished for life if of noble birth, and condemned to perpetual hard
+labour if of more humble rank.[88] He must at once divorce a wife guilty
+of adultery; otherwise he was punished as a pander, and that meant loss
+of citizenship.[89] Women convicted of adultery were, when not put to
+death, punished by the loss of half their dowry, a third part of their
+other goods, and relegation to an island; guilty men suffered the loss
+of half of their possessions and similar relegation to an island; but
+the guilty parties were never confined in the same place.[90] We have
+mention also in several writers of some curious and vicious punishments
+that might be inflicted on men guilty of adultery.[91]
+
+Now, all this seems rigorous enough; but, as I have already remarked, we
+must beware of imagining that a statute is enforced simply because it
+stands in the code. As a matter of fact, public sentiment had grown so
+humane in the first three centuries after Christ that it did not for a
+moment tolerate that a father should kill his daughter, no matter how
+guilty she was; and in all our records of that period no instance
+occurs. As to husbands, we have repeated complaints in the literature of
+the day that they had grown so complaisant towards erring wives that
+they could not be induced to prosecute them.[92] A typical instance is
+related by Pliny.[93] Pliny was summoned by the Emperor Trajan to attend
+a council where, among other cases, that of a certain Gallitta was
+discussed. She had married a military tribune and had committed adultery
+with a common captain (_centurio_). Trajan sent the captain into exile.
+The husband took no measures against his wife, but went on living with
+her. Only by coercion was he finally induced to prosecute. Pliny informs
+us that the guilty woman had to be condemned, even against the will of
+her accuser.
+
+A woman guilty of incest received no punishment, but the guilty man was
+deported to an island.[94] If the incest involved adultery, the woman
+was of course held on that charge.
+
+[Sidenote: Divorce]
+
+We come now to a matter where the growing freedom of women reached its
+highest point--the matter of divorce. Here again we have to note the
+progress of toleration and humanitarianism. In the early days of the
+Republic the family tie was rarely severed. Valerius Maximus tells
+us[95] of a quaint custom of the olden days, to the effect that
+"whenever any quarrel arose between husband and wife, they would proceed
+to the chapel of the goddess Viriplaca ["Reconciler of Husbands"], which
+is on the Palatine, and there they would mutually express their
+feelings; then, laying aside their anger, they returned home
+reconciled." During these days a woman could never herself take the
+initiative in divorce; the husband was all-powerful. The first divorce
+of which we have any record took place in the year 231 B.C., when
+Spurius Carvilius Ruga put away his wife for sterility. Public opinion
+censured him severely for it "because people thought that not even the
+desire for children ought to have been preferred to conjugal fidelity
+and affection."[96] As the Empire extended and Rome became more worldly
+and corrupt, the reasons for divorce became more trivial. Sempronius
+Sophus divorced his wife because she had attended some public games
+without his knowledge.[97] Cicero, who was a lofty moralist--on
+paper,--put away his wife Terentia in order to marry a rich young ward
+and get her money if he could. Maecenas, the great prime-minister of
+Augustus, sent away and took back his wife repeatedly at
+caprice--perhaps he believed that variety is the spice of life. But
+during all this time the husband alone could annul marriage.[98]
+
+Gradually, however, the status of women changed and they were given
+greater and greater liberty. Inasmuch as Roman marriage was a civil
+contract based on consent, strict justice had to allow that on this
+basis either party to the contract might annul the marriage at his or
+her pleasure. The result was that during the first three centuries after
+Christ the wife had absolute freedom to take the initiative and send her
+husband a divorce whenever and for whatever reason she wished. The
+proof of this fact is positively established not only from the
+statements of the jurists, but also from numberless accounts in the
+other writers of the day.[99] Divorce became, at least among the higher
+strata of society, extraordinarily frequent. That a lady of the Upper
+Four Hundred should have been content with only one husband was deemed
+worthy of special mention on her tomb; the word _univira_ (a woman of
+one husband) may still be read on certain inscriptions. The satirists
+are fond of dwelling on the license allowed to women in the case of
+divorce. Martial, for instance,[100] says that one Theselina married ten
+husbands in one month. Still, allowing for the natural exaggeration of
+satirists, we are yet reasonably sure that divorce had reached great
+heights in the upper classes. Whether it was as bad among the middle
+classes is very improbable. There was one kind of marriage which,
+originally at least, did not admit of dissolution.[101] This was the
+solemn marriage by _confarreatio_, already described, which qualified
+the husband and wife for the special priesthood of Jupiter. Women soon
+grew to value their freedom too highly to enter it; as early as 23 A.D.
+the Senate had to relax some of the rigour of the old laws on the matter
+as a special inducement for women to consent to enter this union.[102]
+
+We may now observe what became of the wife's property after divorce and
+what her rights were under such circumstances. If it was the husband who
+had taken the initiative and had sent his wife a divorce, and if the
+divorce was not the fault of the woman, she at once had an action in law
+for complete recovery of her dowry; on her own responsibility if she was
+_sui iuris_, otherwise with the help of her father.[103] But even the
+woman still under guardianship could act by herself if her father was
+too sick or infirm or if she had no other agent to act for her.[104] For
+the offence of adultery a husband had to pay back the dowry at once; for
+lesser guilt he might return it in instalments at intervals of six
+months.[105] If, now, the divorce was clearly the fault of the woman,
+her husband could retain certain parts of the dowry in these
+proportions: for adultery, a sixth part for each of the children up to
+one half of the whole; for lighter offences, an eighth part; if the
+husband had gone to expense or had incurred civil obligations for his
+wife's benefit or if she had removed any of his property, he could
+recover the amount.[106]
+
+A year and six months must elapse after a divorce before the woman was
+allowed to marry again.[107] If at the time of the divorce she was
+pregnant, her husband was obliged to support her offspring, provided
+that within thirty days after the separation she informed him of her
+condition.[108] She could sue her former husband for damages if he
+insulted her.[109] Whether the children should stay with the mother or
+father was left to the discretion of the judge.[110]
+
+[Sidenote: Property rights of widows and single women.]
+
+The married woman had, as I have shown, complete disposal of her own
+property. Let us see next what rights those women had over their
+possessions who were widows or spinsters.
+
+Roman Law constantly strove to protect the children and laid it down as
+a maxim that the property of their parents belonged to them.[111] A
+widow could not therefore, except by special permission from the
+emperor,[112] be the legal guardian of her children, but must ask the
+court to appoint one upon the death of her husband.[113] This was to
+prevent possible mismanagement and because "to undertake the legal
+defence of others is the office of men."[114] But she was permitted to
+assume complete charge of her children's property during their minority
+and enjoy the usufruct; only she must render an account of the goods
+when the children arrived at maturity.[115] We have many instances of
+women who managed their children's patrimony and did it exceedingly
+well. "You managed our patrimony in such wise," writes Seneca to his
+mother,[116] "that you exerted yourself as if it were yours and yet
+abstained from it as if it belonged to others."[117] Agricola,
+father-in-law of Tacitus, had such confidence in his wife's business
+ability that he made her co-heir with his daughter and the Emperor
+Domitian.[118] A mother could get an injunction to restrain extravagance
+on the part of her children.[119] Women could not adopt.[120]
+
+Married women, spinsters, and widows had as much freedom as men in
+disposing of property by will. If there were children, the Roman law put
+certain limitations on the testator's powers, whether man or woman. By
+the Falcidian Law no one was allowed to divert more than three fourths
+of his estate from his (or her) natural heirs.[121] But for any adequate
+cause a woman could disinherit her children completely; and there are
+many instances of this extant both in the Law Books and in the
+literature of the day.[122]
+
+Single women had grown absolutely unshackled and even their guardians
+had become a mere formality, as the words of Gaius, already quoted (page
+8) prove. That they had complete disposal of their property is proved
+furthermore by the numerous complaints in Roman authors about the
+sycophants who flattered and toadied the wealthy ladies with an eye to
+being remembered in their wills.[123] For it is evident that if these
+women had not had the power freely to dispose of their own property,
+there would have been no point in paying them such assiduous court. The
+legal age of maturity was now twenty-five for both male and female.
+
+[Sidenote: Women engaged in business pursuits.]
+
+Women engaged freely in all business pursuits. We find them in all kinds
+of retail trade and commerce,[124] as members of guilds,[125] in
+medicin[126] innkeeping,[127] in vaudevil[128]; there were even
+female barbers[129] and charioteer[130]. Examples of women who toiled
+for a living with their own hands are indeed very old, as the widow,
+described by Homer, who worked for a scanty wage to support her
+fatherless children, or the wreathmaker, mentioned by Aristophanes.[131]
+But such was the case only with women of the lower classes; the lady of
+high birth acted through her agents.[132]
+
+[Sidenote: The right of women to sue.]
+
+When so many women were engaged in business, occasions for lawsuits
+would naturally arise; we shall see next what power the woman had to
+sue. It was a standing maxim of the law that a woman by herself could
+not conduct a case in court.[133] She had to act through her agent, if
+she was independent, otherwise through her guardian. The supreme judge
+at Rome and the governor in a province assigned an attorney to those who
+had no agent or guardian.[134] But in this case again custom and the law
+were at variance. Various considerations will make it clear that women
+who sued had, in practice, complete disposal of the matter. I.--A woman
+who was still under the power of her father must, according to law, sue
+with him as her agent or appoint an agent to act with him. Nevertheless,
+a father could do nothing without the consent of his daughter.[135]
+Obviously, then, so far as the power of the father was concerned, a
+woman had practically the management of her suit. II.--The husband had
+no power. If he tried to browbeat her as to what to do, she could send
+him a divorce, a privilege which she had at her beck and call, as we
+have seen; and then she could force him to give her any guardian she
+wanted.[136] III.--That the authority of other guardians was in practice
+a mere formality, I have already proved (pp. 7 and 8).
+
+From these considerations it is clear that the woman's wishes were
+supreme in the conduct of any suit. Moreover, the law expressly states
+that women may appoint whatever attorneys or agents they desire, without
+asking the consent of their legal guardians[137]; and thus they were at
+liberty to select a man who would manage things as they might direct.
+There were cases where even the strict letter of the law permitted women
+to lay an action on their own responsibility alone: if, when a suit for
+recovery of dowry was brought, the father was absent or hindered by
+infirmities[138]; if the woman sued or was sued to get or render an
+account of property managed in trust[139]; to avenge the death of a
+parent or children, or of patron or patroness and their children[140];
+to lay bare any matter pertaining to the public grain supply[141]; and
+to disclose cases of treason.[142]
+
+[Sidenote: Instances of women pleading in public and suing.]
+
+We read of many cases of women pleading publicly and bringing suit.
+Indeed, according to Juvenal--who is, however, a pessimist by
+profession--the ladies found legal proceedings so interesting that
+bringing suit became a passion with them as strong as it had once been
+among the Athenians. Thus Juvenal[143]: "There is almost no case in
+which a woman wouldn't bring suit. Manilia prosecutes, when she isn't a
+defendant. They draw up briefs quite by themselves, and are ready to
+cite principles and authorities to Celsus [a celebrated lawyer of that
+time]." Of pleading in public one of the celebrated instances was that
+of Hortensia, daughter of the great orator Quintus Hortensius, Cicero's
+rival. On an occasion when matrons had been burdened with heavy taxes
+and none of their husbands would fight the measure, Hortensia pleaded
+the case publicly with great success. All writers speak of her action
+and the eloquence of her speech with great admiration.[144] We hear also
+of a certain Gaia Afrania, wife of a Senator; she always conducted her
+case herself before the supreme judge, "not because there was any lack
+of lawyers," adds her respectable and scandalised historian,[145] "but
+because she had more than enough of impudence."
+
+Quintilian mentions several cases of women being sued[146]; Pliny tells
+how he acted as attorney for some[147]; and the Law Books will supply
+any one curious in the matter with abundant examples.[148] A quotation
+from Pliny[149] will give an idea of the kind of suit a woman might
+bring, and the great interest aroused thereby: "Attia Viriola, a woman
+of illustrious birth and married to a former supreme judge, was
+disinherited by her eighty-year-old father within eleven days after he
+had brought Attia a stepmother. Attia was trying to regain her share of
+her father's estate. One hundred and eighty jurors sat in judgment. The
+tribunal was crowded, and from the higher part of the court both men and
+women strained over the railings in their eagerness to hear (which was
+difficult), and to see (which was easy)."
+
+[Sidenote: Partiality of the law to women.]
+
+There were many legal qualifications designed to help women evade the
+strict letter of the law when this, if enforced absolutely, would work
+injustice. Ignorance of the law, if there was no criminal offence
+involving good morals, was particularly accepted in the case of women
+"on account of the weakness of the sex."[150] A typical instance of the
+growth of the desire to help women, protect them as much as possible,
+and stretch the laws in their favour, may be taken from the senatorial
+decree known as the Senatus Consultum Velleianum.[151] This was an order
+forbidding females to become sureties or defendants for any one in a
+contract. But at the end of the first century of our era the Senate
+voted that the law be emended to help women and to give them special
+privileges in every class of contract. "We must praise the
+farsightedness of that illustrious order," comments the great jurist
+Ulpian,[152] "because it brought aid to women on account of the weakness
+of the sex, exposed, as it is, to many mishaps of this sort."
+
+[Sidenote: Rights of women to inherit.]
+
+The rights of women to inherit under Roman law deserve some mention.
+Here again we may note a steady growth of justice. Some general examples
+will make this clearer, before I treat of the specific powers of
+inheritance. I.--In the year 169 B.C. the Tribune Quintus Voconius Saxa
+had a law passed which restricted greatly the rights of women to
+inherit.[153] According to Dio[154] no woman was, by this statute,
+permitted to receive more than 25,000 sesterces--1250 dollars. In the
+second century after Christ, this law had fallen into complete
+desuetude.[155] II.--By the Falcidian Law, passed in the latter part of
+the first century B.C., no citizen was allowed to divert more than three
+fourths of his estate from his natural heirs.[156] The Romans felt
+strongly against any man who disinherited his children without very good
+reason; the will of such a parent was called _inofficiosum_, "made
+without a proper feeling of duty," and the disinherited children had an
+action at law to recover their proper share.[157] A daughter was
+considered a natural heir no less than a son and had equal privileges in
+succession[158]; and so women were bound to receive some inheritance at
+least. III.--It is a sad commentary on Christian rulers that for many
+ages they allowed the crimes of the father to be visited upon his
+children and by their bills of attainder confiscated to the state the
+goods of condemned offenders. Now, the Roman law stated positively that
+"the crime or punishment of a father can inflict no stigma on his
+child."[159] So far as the goods of the father were concerned, the
+property of three kinds of criminals escheated to the crown: (1) those
+who committed suicide while under indictment for some crime,[160] (2)
+forgers,[161] (3) those guilty of high treason[162]. Yet it seems
+reasonable to doubt whether these laws were very often carried out
+strictly to the letter. For example, the law did indeed hold that the
+estate of a party guilty of treason was confiscated to the state[163];
+but even here it was expressly ordained that the goods of the condemned
+man's freedmen be reserved for his children.[164] Moreover, in actual
+practice we can find few instances where the law was executed in its
+literal severity even under the worst tyrants. It was Julius Caesar who
+first set the splendid example of allowing to the children of his dead
+foes full enjoyment of their patrimonies.[165] Succeeding emperors
+followed the precedent.[166] Tyrants like Tiberius and Nero, strangely
+enough, in a majority of cases overruled the Senate when it proposed to
+confiscate the goods of those condemned for treason, and allowed the
+children a large part or all of the paternal estate.[167] Hadrian gave
+the children of proscribed offenders the twelfth part of their father's
+goods.[168] Antoninus Pius gave them all.[169] There was a strong public
+feeling against bills of attainder and this sentiment is voiced by all
+writers of the Empire. The law forbade wives to suffer any loss for any
+fault of their husbands.[170]
+
+Since we have now noticed that women could inherit any amount, that they
+were bound to receive something under their fathers' wills, and that the
+guilt of their kin could inflict no prejudice upon them in the way of
+bills of attainder involving physical injury or civil status and, in
+practice, little loss so far as inheriting property was concerned, we
+may pass to a contemplation of the specific legal rights of inheritance
+of women.
+
+If women were to be disinherited, it was sufficient to mention them in
+an aggregate; but males must be mentioned specifically.[171] If,
+however, they were disinherited in an aggregate (_inter ceteros_), some
+legacy had to be left them that they might not seem to have been passed
+over through forgetfulness.[172] I shall not concern myself particularly
+with testate succession, because here obviously the will of the testator
+could dispose as he wished, except in so far as he was limited by the
+Falcidian Law. The matter of intestate succession may well claim our
+attention; for therein we shall see what powers of inheritance were
+given the female sex. The general principles are explained by Gaius
+(iii, 1-38); and these principles followed, in the main, the law as laid
+down in the Twelve Tables (451 B.C.). According to these, the estates of
+those who died intestate belonged first of all to the children who were
+in the power of the deceased at the time of his death; there was no
+distinction of sex; the daughters were entitled to precisely the same
+amount as the sons.[173] If the children of the testator had died, the
+grandson or granddaughter _through the son_ succeeded; or the
+great-grandson or great-granddaughter through the _grandson_. If a son
+a daughter were alive, as well as grandsons and granddaughters through
+the _son_, they were all equally called to the estate. The estate was
+not divided per capita, but among families as a whole; for example, if
+of two sons one only was alive, but the other had left children, the
+testator's surviving son received one half of the patrimony and his
+grandchildren through his other son the other half, to be divided among
+them severally. If, then, there were six grandchildren, each received
+one twelfth of the estate.
+
+Here the powers of women to inherit stopped. Beyond the tie of
+_consanguinitas_, that is, that of daughter to father, or granddaughter
+through a _son_, the female line must at once turn aside, and had no
+powers; the estate descended to the _agnati_, that is, male relatives on
+the father's side. Hence a mother was shut out by a brother of the
+deceased or by that brother's children. If there were no _agnati_, the
+goods were given to the _gentiles_, male relatives of the clan bearing
+the same name. In fact, under this régime we may say that of the female
+line the daughter alone was sure of inheriting something.
+
+In the days of the Empire some attempts were made to be more just. It
+was enacted[174] that all the children should be called to the estate,
+whether they had been under the power of the testator at the time of his
+death or not; and female relatives were now allowed to come in for
+their share "in the third degree," that is, if there was neither a child
+or an agnate surviving. This was not much of an improvement; and the
+principle of agnate succession is the only point in which Roman law
+failed to give to women those equal rights which it allowed them in
+other cases.
+
+[Sidenote: Protection of property of children.]
+
+There is no point on which Roman law laid more stress than that the
+children, both male and female, were to be constantly protected and must
+receive their legal share of their father's or mother's goods. After a
+husband's divorce or death his wife could, indeed, enjoy possession of
+the property and the usufruct; but the principal had to be conserved
+intact for the children until they arrived at maturity. In the same way
+a father was obliged to keep untouched for the children whatever had
+been left them by the mother on her decease[175]; and he must also leave
+them that part, at least, of his own property prescribed by the
+Falcidian Law. A case--and it was common enough in real life--such as
+that described by Dickens in _David Copperfield_, where, by the English
+law, a second husband acquired absolute right over his wife's property
+and shut out her son, would have been impossible under Roman law.
+Neither husband nor wife could succeed to one another's intestate estate
+absolutely unless there were no children, parents, or other relatives
+living.[176]
+
+[Sidenote: Punishment of crimes against women.]
+
+Rape of a woman was punished by death; accessories to the crime merited
+the same penalty.[177] Indecent exposure before a virgin met with
+punishment out of course.[178] Kidnapping was penalised by hard labour
+in the mines or by crucifixion in the case of those of humble birth, and
+by confiscation of half the goods and by perpetual exile in the case of
+a noble.[179] Temporary exile was visited upon those guilty of abortion
+themselves[180]; if it was caused through the agency of another, the
+agent, even though he or she did so without evil intent, was punished by
+hard labour in the mines, if of humble birth, and by relegation to an
+island and confiscation of part of their goods, if of noble rank.[181]
+If the victim died, the person who caused the abortion was put to
+death.[182]
+
+[Sidenote: Rights of women to an education.]
+
+The rights of women to an education were not questioned. That Sulpicia
+could publish amatory poems in honour of her husband and receive
+eulogies from writers like Martial[183] shows that she and ladies like
+her occupied somewhat the same position as Olympia Morata and Tarquinia
+Molza later in Italy during the Renaissance, or like some of the
+celebrated Frenchwomen, such as Madame de Staël. Seneca addresses a
+_Dialogue on Consolation_ to one Marcia; such an idea would have made
+the hair of any Athenian gentleman in the time of Socrates stand on end.
+Aspasia was obliged to be a courtesan in order to become educated and to
+frequent cultivated society[184]; Sulpicia was a noble matron in good
+standing. The world had not stood still since Socrates had requested
+some one to take Xanthippe home, lest he be burdened by her sympathy in
+his last moments. Pains were taken that the Roman girl of wealth should
+have special tutors.[185] "Pompeius Saturninus recently read me some
+letters," writes Pliny[186] to one of his correspondents, "which he
+insisted had been written by his wife. I believed that Plautus or
+Terence was being read in prose. Whether they are really his wife's, as
+he maintains; or his own, which he denies; he deserves equal honour,
+either because he composes them, or because he has made his wife, whom
+he married when a mere girl, so learned and polished." The enthusiasm of
+the ladies for literature is attested by Persius.[187]
+
+According to Juvenal, who, as an orthodox satirist, was not fond of the
+weaker sex, women sometimes became over-educated. He growls as
+follows[188]: "That woman is a worse nuisance than usual who, as soon as
+she goes to bed, praises Vergil; makes excuses for doomed Dido; pits
+bards against one another and compares them; and weighs Homer and Maro
+in the balance. Teachers of literature give way, professors are
+vanquished, the whole mob is hushed, and no lawyer or auctioneer will
+speak, nor any other woman." The prospect of a learned wife filled the
+orthodox Roman with peculiar horror.[189] No Roman woman ever became a
+public professor as did Hypatia or, ages later, Bitisia Gozzadina, who,
+in the thirteenth century, became doctor of canon and civil law at the
+University of Bologna.
+
+I have been speaking of women of the wealthier classes; but the poor
+were not neglected. As far back as the time of the Twelve Tables--450
+B.C.--parents of moderate means were accustomed to club together and
+hire a schoolroom and a teacher who would instruct the children, girls
+no less than boys, in at least the proverbial three R's. Virginia was on
+her way to such a school when she encountered the passionate gaze of
+Appius Claudius. Such grammar schools, which boys and girls attended
+together, flourished under the Empire as they had under the
+Republic.[190] They were not connected with the state, being supported
+by the contributions of individual parents. To the end we cannot say
+that there was a definite scheme of public education for girls at the
+state's expense as there was for boys.[191] Still, the emperors did
+something. Trajan, Hadrian, Antoninus Pius, Marcus Aurelius, and
+Alexander Severus, for example, regularly supplied girls and boys with
+education at public expense[192]; under Trajan there were 5000 children
+so honoured. Public-spirited citizens were also accustomed to contribute
+liberally to the same cause; Pliny on one occasion[193] gave the
+equivalent of $25,000 for the support and instruction of indigent boys
+and girls.
+
+[Sidenote: The Vestals.]
+
+It may not be out of place to speak briefly of the Vestal Virgins, the
+six priestesses of Vesta, who are the only instances in pagan antiquity
+of anything like the nuns of the Christians. The Vestals took a vow of
+perpetual chastity.[194] They passed completely out of the power of
+their parents and became entirely independent. They could not receive
+the inheritance of any person who died intestate, and no one could
+become heir to a Vestal who died intestate. They were allowed to be
+witnesses in court in public trials, a privilege denied other women.
+Peculiar honour was accorded them and they were regularly appointed the
+custodians of the wills of the emperors.[195]
+
+[Sidenote: Female slaves.]
+
+The position of women in slavery merits some attention, in view of the
+huge multitudes that were held in bondage. Roman law acknowledged no
+legal rights on the part of slaves[196]. The master had absolute power
+of life and death.[197] They were exposed to every whim of master or
+mistress without redress.[198] If some one other than their owner harmed
+them they might obtain satisfaction through their master and for his
+benefit; but the penalty for the aggressor was only pecuniary.[199] A
+slave's evidence was never admitted except under torture.[200] If a
+master was killed, every slave of his household and even his freedmen
+and freedwomen were put to torture, although the culprit may already
+have been discovered, in order to ascertain the instigator of the plot
+and his remotest accessories.[201]
+
+The earlier history of Rome leaves no doubt that before the Republic
+fell these laws were carried out with inhuman severity. With the
+growth of Rome into a world power and the consequent rise of
+humanitarianism[202] a strong public feeling against gratuitous cruelty
+towards slaves sprang up. This may be illustrated by an event which
+happened in the reign of Nero, in the year 58, when a riot ensued out of
+sympathy for some slaves who had been condemned _en masse_ after their
+master had been assassinated by one of them.[203] Measures were
+gradually introduced for alleviating the hardships and cruelties of
+slavery. Claudius (41-54 A.D.) ordained[204] that since sick and infirm
+slaves were being exposed on an island in the Tiber sacred to
+Aesculapius, because their masters did not wish to bother about
+attending them, all those who were so exposed were to be set free if
+they recovered and never to be returned into the power of their masters;
+and if any owner preferred to put a slave to death rather than expose
+him, he was to be held for murder. Gentlemen began to speak with
+contempt of a master or mistress who maltreated slaves.[205] Hadrian
+(117-138 A.D.) modified the old laws to a remarkable degree: he forbade
+slaves to be put to death by their masters and commanded them to be
+tried by regularly appointed judges; he brought it about that a slave,
+whether male or female, was not to be sold to a slave-dealer or trainer
+for public shows without due cause; he did away with _ergastula_ or
+workhouses, in which slaves guilty of offences were forced to work off
+their penalties in chains and were confined to filthy dungeons; and he
+modified the law previously existing to the extent that if a master was
+killed in his own house, the inquisition by torture could not be
+extended to the whole household, but to those only who, by proximity to
+the deed, could have noticed it.[206] Gaius observes[207] that for
+slaves to be in complete subjection to masters who have power of life
+and death is an institution common to all nations, "But at this time,"
+he continues, "it is permitted neither to Roman citizens nor any other
+men who are under the sway of the Roman people to vent their wrath
+against slaves beyond measure and without reason. In fact, by a decree
+of the sainted Antoninus (138-161 A.D.) a master who without cause kills
+his slave is ordered to be held no less than he who kills another's
+slave.[208] An excessive severity on the part of masters is also checked
+by a constitution of the same prince. On being consulted by certain
+governors about those slaves who rush for refuge to the shrines of the
+gods or the statues of emperors, he ordered that if the cruelty of
+masters seemed intolerable they should be compelled to sell their
+slaves." Severus ordained that the city prefect should prevent slaves
+from being prostituted[209]. Aurelian gave his slaves who had
+transgressed to be heard according to the laws by public judges[210].
+Tacitus procured a decree that slaves were not to be put to
+inquisitorial torture in a case affecting a master's life, not even if
+the charge was high treason[211]. So much for the laws that mitigated
+slavery under the Empire. They were not ideal; but they would in more
+respects than one compare favourably with the similar legislation that
+was in force, prior to the Civil War, in the American Slave States.
+
+
+SOURCES
+
+I. Iurisprudentiae Anteiustinianae quae Supersunt. ed. Ph. Eduardus
+Huschke. Lipsiae (Teubner), 1886 (fifth edition).
+
+II. Codex Iustinianus. Recensuit Paulus Krueger. Berolini apud
+Weidmannos, 1877.
+
+Corpus Iuris Civilis: Institutiones recognovit Paulus Krueger; Digesta
+recognovit Theodorus Mommsen. Berolini apud Weidmannos, 1882.
+
+Novellae: Corpus Iuris Civilis. Volumen Tertium recognovit Rudolfus
+Schoell; Opus Schoellii morte interceptum absolvit G. Kroll. Berolini
+apud Weidmannos, 1895.
+
+III. The Fragments of the Perpetual Edict of Salvius Julianus. Edited by
+Bryan Walken Cambridge University Press. 1877.
+
+IV. Pomponii de Origine Iuris Fragmentum: recognovit Fridericus
+Osannus. Gissae, apud Io. Rickerum, 1848.
+
+V. Corpus Inscriptionum Latinarum, Consilio et Auctoritate Academiae
+Litterarum Regiae Borussicae editum. Berolini apud Georgium Reimerum
+(begun in 1863).
+
+VI. Valerii Maximi Factorum et Dictorum Memorabilium Libri Novem: cum
+Iulii Paridis et Ianvarii Nepotiani Epitomis: iterum recensuit Carolus
+Kempf. Lipsiae (Teubner), 1888.
+
+VII. Cassii Dionis Cocceiani Rerum Romanarum libri octaginta: ab
+Immanuele Bekkero Recogniti. Lipsiae, apud Weidmannos, 1849.
+
+VIII. C. Suetoni Tranquilli quae Supersunt Omnia: recensuit Carolus L.
+Roth. Lipsiae (Teubner), 1898.
+
+IX. A. Persii Flacci, D. Iunii Iuvenalis, Sulpiciae Saturae; recognovit
+Otto Iahn. Editio altera curam agente Francisco Buecheler. Berolini,
+apud Weidmannos, 1886.
+
+X. Eutropi Breviarium ab Urbe Condita: recognovit Franciscus Ruehl.
+Lipsiae (Teubner), 1897.
+
+XI. Herodiani ab Excessu Divi Marci libri octo: ab Immanuele Bekkero
+recogniti. Lipsiae (Teubner), 1855.
+
+XII. A. Gellii Noctium Atticarum libri XX: edidit Carolus Hosius.
+Lipsiae (Teubner), 1903.
+
+XIII. Petronii Saturae et Liber Priapeorum: quartum edidit Franciscus
+Buecheler: adiectae sunt Varronis et Senecae Saturae similesque
+Reliquiae. Berolini, apud Weidmannos, 1904.
+
+XIV. M. Valerii Martialis Epigrammaton libri: recognovit Walther
+Gilbert. Lipsiae (Teubner), 1896.
+
+XV. Cornelii Taciti Libri qui Supersunt: quartum recognovit Carolus
+Halm. Lipsiae (Teubner), 1901.
+
+XVI. C. Vellei Paterculi ex Historiae Romanae libris duobus quae
+supersunt: edidit Carolus Halm. Lipsiae (Teubner), 1876.
+
+XVII. L. Annaei Senecae Opera quae Supersunt: recognovit Fridericus
+Haase. Lipsiae (Teubner), 1898.
+
+XVIII. Athenaei Naucratitae Deipnosophistaro libri XV: recensuit
+Georgius Kaibel. Lipsiae (Teubner), 1887.
+
+XIX. Lucii Apulei Metamorphoseon libri XI. Apologia et Florida.
+Recensuit J. van der Vliet. Lipsiae (Teubner), 1897.
+
+XX. C. Plini Caecili Secundi Epistularum libri novem. Epistularum ad
+Traianum liber. Panegyricus. Recognovit C.F.W. Mueller. Lipsiae
+(Teubner), 1903.
+
+XXI. Scriptores Historiae Augustae: edidit Hermannus Peter. Lipsiae
+(Teubner), 1888.
+
+XXII. M. Fabii Quintiliani Institutionis Oratoriae libri XII: recensuit
+Eduardus Bonnell. Lipsiae (Teubner), 1905.
+
+XXIII. Marci Antonini Commentariorum libri XII: iterum recensuit Ioannes
+Stich. Lipsiae (Teubner), 1903.
+
+XXIV. C. Plinii Secundi Naturalis Historiae libri XXXVII: recognovit
+Ludovicus Ianus. Lipsiae (Teubner), 1854.
+
+XXV. XII Panegyrici Latini: recensuit Aemilius Baehrens. Lipsiae
+(Teubner), 1874.
+
+XXVI. Plutarchi Scripta Moralia, Graece et Latine: Parisiis, editore
+Ambrosio F. Didot, 1841.
+
+Plutarchi Vitae Parallelae: iterum recognovit Carolus Sintennis. Lipsiae
+(Teubner), 1884.
+
+XXVII. Ammiani Marcellini Rerum Gestarum libri qui supersunt: recensuit
+V. Gardthausen. Lipsiae (Teubner), 1875.
+
+XXVIII. Poetae Latini Minores: recensuit Aemilius Baehrens. Lipsiae
+(Teubner), 1883.
+
+NOTES:
+
+[1] Paulus, iii, 4_a_, 1.
+
+[2] Ulpian, Tit., xx, 16. Gaius, ii, 112.
+
+[ 3: Male relatives on the father's side--agnati--were guardians
+in such cases; these failing, the judge of the supreme court (praetor)
+assigned one. See Ulpian, Tit., xi, 3, 4, and 24. Gaius, i, 185, and
+iii, 10. Libertae (freedwomen) took as guardians their former masters.]
+
+[4] Ulpian, Tit., xi, 27.
+
+[5] The power of the father was called _potestas_; that of the husband,
+_manus_.
+
+[6] Aulus Gellius, x, 23. Cf. Suetonius, _Tiberius_, 35.
+
+[7] Gaius, i, 144.
+
+[8] Ulpian, Tit., xi, I.
+
+[9] Ulpian, Tit., xi, 28a. Gaius, i, 194. Paulus, iv, 9, 1-9.
+
+[10] Gaius, i, 145. Ulpian, Tit., x, 5.
+
+[11] Gaius, i, 137. For an example see Pliny, _Letters_, viii, 18. Cf.
+Spartianus. _Didius Iulianus_, 8: filiam suam, potitus imperio, dato
+patrimonio, emancipaverat. See also Dio, 73, 7 (Xiphilin).
+
+If emancipated children insulted or injured their parents, they lost
+their independence--Codex, 8, 49 (50), 1.
+
+[12] Ulpian, Tit., viii, 7_a_.
+
+[13] Paulus, i, 4, 4; Mater, quae filiorum suorum rebus intervenit,
+actione negotiorum gestorum et ipsis et eorum tutoribus tenebitur.
+
+[14] Ulpian in Dig., 25, 3, 5.
+
+[15] For Livia's great influence over Augustus see Seneca, _de
+Clementia_, i, 9, 6. Tacitus, _Annals_, i, 3, 4, and 5, and ii, 34. Dio,
+55, 14-21, and 56, 47.
+
+Agrippina dominated Claudius--Tacitus, _Annals_, xii, 37. Dio, 60, 33.
+Caenis, the concubine of Vespasian, amassed great wealth and sold public
+offices right and left--Dio, 65, 14. Plotina, wife of Trajan, engineered
+Hadrian's succession--Eutropius, viii, 6. Dio, 69, I. A concubine formed
+the conspiracy which overthrew Commodus--Herodian, i, 16-17. The
+plotting of Maesa put Heliogabalus on the throne--Capitolinus,
+_Macrinus_, 9-10. Alexander Severus was ruled by his mother
+Mammaea--Lampridius, _Alex. Severus_, 14; Herodian, vi, i, i and 9.
+Gallienus invited women to his cabinet meetings--Trebellius Pollio,
+Gallienus, 16. The wives of governors took such a strenuous part in
+politics and army matters that it caused the Senate grave concern--see
+examples in Tacitus, Annals, in, 33 and 34, and iv, 20; also i, 69, and
+ii, 55; id. _Hist_., iii, 69. Vellcius Paterculus, ii, 74 (Fulvia).
+
+Of course, no woman ever had a right to vote; but neither did anybody
+else, since the Roman government had become an absolute despotism. The
+first woman on the throne was Pulcheria, who, in 450 A.D., was
+proclaimed Empress of the East, succeeding her brother, Theodosius II.
+But she soon took a husband and made him Emperor. She had been
+practically sole ruler since 414.
+
+[16] Plutarch, _Roman Questions_, 6. Aulus Gellius, x, 23. Athenaeus, x,
+56.
+
+[17] Valerius Maximus, vi, 3, 9. For this he was not even blamed, but
+rather received praise for the excellent example.
+
+[18] Aulus Gellius, x, 23. A woman in the _Menaechmi_ of Plautus, iv, 6,
+1, complains justly of this double standard of morality:
+
+Nam si vir scortum duxit clam uxorem suam, Id si rescivit uxor, impune
+est viro. Uxor viro si clam domo egressa est foras, Viro fit causa,
+exigitur matrimonio. Utinam lex esset cadem quae uxori est viro!
+
+[19] Aulus Gellius, i, 6.
+
+[20] De Consolatione ad Marciam, xvi, 1.
+
+[21] _Commentaries_, A, [Greek: gamma].
+
+[22] Quintilian, _Instit. Orat_., vi, 1, 5. Pliny, _Letters_, vi, 4 and
+7, and vii, 5.
+
+[23] Great admiration expressed for Paulina, wife of Seneca, who opened
+her veins to accompany her husband in death--Tacitus, _Annals_, xv, 63,
+64. Story of Arria and Paetus--Pliny, _Letters_, iii, 16. Martial, i,
+13. The famous instance of Epponina, under Vespasian, and her attachment
+to her condemned husband--Tacitus, _Hist_., iv, 67. Tacitus mentions
+that many ladies accompanied their husbands to exile and
+death--_Annals_, xvi, 10, 11. Numerous instances are related by Pliny of
+tender and happy marriages, terminated only by death--see, e.g.,
+_Letters_, viii, 5. Pliny the elder tells how M. Lepidus died of regret
+for his wife after being divorced from her--_N.H._, vii, 36. Valerius
+Maximus devotes a whole chapter to Conjugal Love--iv, 6. But the best
+examples of deep affection are seen in tomb inscriptions--e.g., CIL i,
+1103, viii, 8123, ii, 3596, v, 1, 3496, v, 2, 7066, x, 8192, vi, 3,
+15696, 15317, and 17690. Man and wife are often represented with arms
+thrown about one another's shoulders to signify that they were united in
+death as in life. The poet Statius remarks that "to love a wife when she
+is living is pleasure; to love her when dead, a solemn duty" (Silvae, in
+prooemio). Yet some theologians would have us believe that conjugal love
+and fidelity is an invention of Christianity.
+
+[24] Pliny, _Panegyricus_, 26. For other instances see Capitolinus,
+_Anton. Pius_, 8; Lampridius, _Alex. Severus_, 57; Spartianus, Hadrian,
+7, 8, 9; Capitolinus, _M. Anton. Phil_., 11.
+
+[25] Gaius, i, 190.
+
+[26] Ulpian, Tit. xi, 25. Cf. Frag, iur Rom. Vatic. (Huschke, 325): Divi
+Diocletianus et Constantius Aureliae Pontiae: Actor rei forum sequi
+debet et mulier quoque facere procuratorem _sine tutoris auctoritate non
+prohibetur_. So Papinian, lib. xv, Responsorum (Huschke, 327). I shall
+discuss these matters at greater length when I treat of women and the
+management of their property.
+
+[27] Dio, 54, 16. Pomponius in Dig., 23, 2, 4.
+
+[28] Gaius, i, 113.
+
+[29] Ulpian, Tit., ix, 1: Farreo convenit uxor in manum certis verbis et
+testibus X praesentibus et sollemni sacrificio facto, in quo panis
+quoque farreus adhibetur. Cf. Gaius, i, 112.
+
+[30] Aulus Gellius, iii, 2, 12. Gaius, i, 111.
+
+[31] Gaius, i, 110 and 111.
+
+[32] Paulus, ii, xix, 8.
+
+[33] Pliny, _Letters_, i, 14, will furnish an example; cf. id. vi, 26,
+to Servianus: Gaudeo et gratulor, quod Fusco Salinatori filiam tuam
+destinasti. Note the way in which Julius Caesar arranged a match for his
+daughter--Suetonius, _Divus Julius_, 21.
+
+[34] Paulus in Dig., 23, 2, 2: Nuptiae consistere non possunt, nisi
+consentiunt omnes, id est, qui coeunt quorumque in potestate sunt.
+
+[35] Julianus in Dig., 23, 1, 11.
+
+[36] Ulpian in Dig., 23, 1, 12.
+
+[37] Paulus in Dig., 23, 1, 13. Terentius Clemens in Dig., 23, 2, 21.
+
+[38] Paulus, ii, 19, 2.
+
+[39] Ulpian, 24, 17.
+
+[40] Cf. Ulpian, Tit., vi, 6: Divortio facto, si quidem sui juris sit
+muller, ipsa habet rei uxoriae actionem, id est, dotis repetitionem;
+quodsi in potestate patris sit, pater adiuncta filiae persona habet
+actionem.
+
+The technical recognition of the father's power was still strong. Cf.
+Pliny, _Panegyricus_, 38: Tu quidem, Caesar ... intuitus, opinor, vim
+legemque naturae, quae semper in dicione parentum esse liberos iussit.
+The same writer, on requesting Trajan to give citizenship to the
+children of a certain freedman, is careful to add the specification that
+they are to remain in their father's power--see Pliny to Trajan, xi
+(vi).
+
+[41] Paulus, vi, 15. Codex, v, 4, 11, and 17, 5.
+
+[42] Paulus, in Dig., 23, 3, 28. Codex, v, 13, 1, and 18, 1.
+
+[43] Codex, v, 17, 5.
+
+[44] Salvius Julianus: Frag. Perp. Ed.: Pars Prima, vii--under "De is
+qui notantur infamia."
+
+[45] Codex, 8, 46 (47), 5.
+
+[46] Aulus Gellius, iv, 4.
+
+[47] Juvenal, vi, 200-203. Gaius in Dig., 24, 2, 2. Ulpian, ibid., 23,
+I, 10. Codex, v, 17, 2, and v, I, I.
+
+[48] Codex, v, 3, 2.
+
+[49] Dig., 3, 2, 1.
+
+[50] Ulpian in Dig., 47, 10, 24.
+
+[51] Cf. Alexander Severus in Codex, viii, 38, 2: Libera matrimonia esse
+antiquitus placuit, etc. Also Codex, v, 4, 8 and 14.
+
+[52] Modestinus in Dig., xxiii, 2, 1.
+
+[53] Gaius, ii, 159.
+
+[54] Paulus, ii, xx, 1.
+
+[55] Note the rescript of Alexander Severus to a certain Aquila (Codex,
+ii, 18, 13): Quod in uxorem tuam aegram erogasti, non a socero repetere,
+sed adfectioni tuae debes expendere.
+
+[56] See, e.g., Dig., 47, 10, and Ulpian, ibid., 48, 14, 27.
+
+[57] Cf. Gaius, i, 141: In summa admonendi sumus, adversus eos, quos in
+mancipio habemus, nihil nobis contumeliose facere licere; alioquin
+iniuriarum (actione) tenebimur.
+
+[58] Paulus, i, 21, 13.
+
+[59] Paulus, i, 21, 14.
+
+[60] Codex, ii, 11, 15
+
+[61] Paulus in Dig., iii, 2, 9.
+
+[62] Aulus Gellius, xvii, 6, speech of Cato: Principio vobis mulier
+magnam dotem adtulit; tum magnam pecuniam recipit, quam in viri
+potestatem non committit, ean pecuniam viro mutuam dat; postea, ubi
+irata facta est, servum recepticum sectari atque flagitare virum iubet.
+
+[63] Paulus in Dig., 23, 3, 2.
+
+[64] Pomponius in Dig., 24, 3, 1.
+
+[65] Ulpian in Dig., 23, 3, 7.
+
+[66] Tryfoninus in Dig., 23, 3, 75.
+
+[67] Gaius, ii, 63. Paulus, ii, 21b.
+
+[68] E.g. Juvenal, vi, 136-141. Martial, viii, 12.
+
+[69] Apuleius _Apologia_, 523: Pleraque tamen rei familiaris in nomen
+uxoris callidissima fraude confert, etc.; id., 545, 546 proves further
+the power of the wife: ea condicione factam conjunctionem, si nullis a
+me susceptis liberis vita demigrasset, ut dos omnis, etc.--evidently the
+woman was dictating the disposal of her dowry.
+
+[70] Ulpian, Tit., vi, 3, 4, and 5. Codex, v, 18, 4.
+
+[71] Ulpian in Dig., xi, 7, 16; ibid., Papinian, 17; ibid, Julianus, 18.
+Paulus, i, xxi, 11.
+
+[72] Ulpian in Dig., 48, 20, 3.
+
+[73] Ulpian in Dig., 48, 20, 5.
+
+[74] Ulpian in Dig., 24, 1, 1: Moribus apud nos receptum est, ne inter
+virum et uxorem donationes valerent, hoc autem receptum est, ne mutuo
+amore invicem spoliarentur, donationibus non temperantes, sed profusa
+erga se facilitate.
+
+[75] Paulus in Dig., 24, 1, 14.
+
+[76] Gaius in Dig., 24, 1, 42; ibid., Licinius Rufus, 41; Ulpian, Tit.
+vii, 1. Martial, vii, 64--et post hoc dominae munere factus eques.
+
+[77] Paulus, ii, xxiii, 1.
+
+[78] Cf. Paulus, ii, xxiii, 2.
+
+[79] Paulus in Dig., 25, 2, 1. Codex, v, 21, 2.
+
+[80] Gaius in Dig., 25, 2, 2.
+
+[81] Paulus in Dig., 25, 2, 3.
+
+[82] Ulpian in Dig., 47, 2, 52. The respect shown for family relations
+may be seen also from the fact that a son could _complain--de facto
+matris queri_--if he believed that his mother had brought in
+supposititious offspring to defraud him of some of his inheritance; but
+he was strictly forbidden to bring her into court with a public and
+criminal action--Macer in Dig., 48, 2, 11: _sed ream eam lege Cornelia
+facere permissum ei non est_.
+
+[83] Ulpian in Dig., 48, 14, 27.
+
+[84] Ulpian in Dig., 48, 5, 14 (13): Iudex adulterii ante oculos habere
+debet et inquirere, an maritus pudice vivens mulieri quoque bonos mores
+colendi auctor fuerit periniquum enim videtur esse, ut pudicitiam vir ab
+uxore exigat, quam ipse non exhibeat. Cf. Seneca, _Ep_., 94: Scis
+improbum esse qui ab uxore pudicitiam exigit, ipse alienarum corruptor
+uxorum. Scis ut illi nil cum adultero, sic nihil tibi esse debere cum
+pellice. Antoninus Pius gave a husband a bill for adultery against his
+wife "Provided it is established that by your life you give her an
+example of fidelity. It would be unjust that a husband should demand a
+fidelity which he does not himself keep"--quoted by St. Augustine, de
+Conj. Adult., ii, ch. 8. In view of these explicit statements it is
+difficult to see what the Church Father Lactantius meant by asserting
+(_de Vero Cultu_, 23): Non enim, sicut iuris publici ratio est, sola
+mulier adultera est, quae habet alium; maritus autem, etiamsi plures
+habeat, a crimine adulterii solutus est. Perhaps this deliberate
+distortion of the truth was another one of the libels against pagan Rome
+of which the pious Fathers are so fond "for the good of the Church."
+
+[85] Papinian in Dig., 48, 5, 21 (20); ibid., Ulpian, 24 (23). Paulus,
+ii, xxvi.
+
+[86] Macer in Dig., 48, 5, 25 (24).
+
+[87] Papinian in Dig., 48, 5, 23 (22).
+
+[88] Papinian in Dig., 48, 5, 39 (38); ibid., Marcianus, 48, 8, 1.
+
+[89] Paulus, ii, xxvi. Macer in Dig., 48, 5, 25 (24), ibid., Ulpian, 48,
+5, 30 (29).
+
+[90] Paulus, ii, xxvi.
+
+[91] Juvenal, x. 317; quosdam moechos et mugilis intrat. Cf. Catullus,
+15, 19.
+
+[92] See, e.g., Capitolinus, _Anton_. _Pius_, 3. Spartianus, _Sept.
+Severus_, 18, Pliny, _Panegyricus_, 83: multis illustribus dedecori fuit
+aut inconsultius uxor assumpta aut retenta patientius, etc.
+
+[93] Pliny, _Letters_, vi, 31.
+
+[94] Paulus, ii, xxvi, 15.
+
+[95] Valerius Maximus, ii, 1, 6.
+
+[96] Aulus Gellius, xvii, 21, 44. Valerius Maximus, ii, 1, 4. Plutarch,
+_Roman Questions_, 14.
+
+[97] Valerius Maximus, vi, 3, 12.
+
+[98] "If you should catch your wife in adultery, you would put her to
+death with impunity; she, on her part, would not dare to touch you with
+her finger; and it is not right that she should"--Speech of Cato the
+Censor, quoted by Aulus Gellius, x, 23.
+
+[99] E.g., Marcellus in Dig., 24, 3, 38: Maevia Titio repudium misit,
+etc.; ibid., Africanus, 24, 3, 34: Titia divortium a Seio fecit, etc.
+Martial, x, 41: Mense novo lani veterem, Proculeia, maritum Deseris,
+atque iubes res sibi habere suas. Apuleius, _Apologia_, 547: utramvis
+habens culpam mulier, quae aut tam intolerabilis fuit ut repudiaretur
+aut tam insolens ut repudiaret.
+
+_Novellae_, 140, 1: Antiquitus quidem licebat sine periculo tales [i.e.,
+those of incompatible temperament] ab invicem separari secundum communem
+voluntatem et consensum.
+
+[100] Martial, vi, 7.
+
+[101] Aulus Gellius, x, 15: Matrimonium flaminis nisi morte dirimi ius
+non est.
+
+[102] Tacitus, _Annals_, iv, 16.
+
+[103] Ulpian, vi, 6; id. in Dig., 24, 3, 2. Pauli fragmentam in Boethii
+commentario ad Topica, 2, 4, 19.
+
+[104] Paulus in Dig. ii,3, 41.
+
+[105] Ulpian, vi, 13.
+
+[106] Ulpian, vi, 9-17, and vii, 2-3. Pauli frag, in Boethii comm. ad
+Top., ii, 4, 19.
+
+[107] Ulpian, xiv: feminis lex Iulia a morte viri anni tribuit
+vacationem, a divortio sex mensum; lex autem Papia a morte viri biennii,
+a repudio anni et sex mensum.
+
+[108] Ulpian in Dig., 25, 3, 1. Paulus, ii, xxiv, 5.
+
+[109] Ulpian in Dig., 25, 4, 8.
+
+[110] Codex, v, 24, 1.
+
+[111] Codex, vi, 60, 1: Res, quae ex matris successione fuerint ad
+filios devolutae, ita sint in parentum potestate, ut fruendi dumtaxat
+habeant facultatem, dominio videlicet carum ad liberos pertinente.
+
+[112] Neratius in Dig., 26, 1, 18.
+
+[113] Codex, v, 35, 1.
+
+[114] Codex, ii, 12, 18: alienam suscipere defensionem virile officium
+est ... filio itaque tuo, si pupillus est, tutorem pete.
+
+[115] Ulpian, Tit. viii, 7_a_. Paulus, i, 4, 4.
+
+[116] _ad Helviam matrem de consol_., xiv, 3.
+
+[117] Other instances of women trustees will be found in Apuleius,
+_Apologia_ 516; Paulus in Dig; iii, 5,23 (24): avia nepotis sui negotia
+gessit, etc.; ibid., Marcellus, 46, 3, 48: Titia cum propter dotem bona
+mariti possideret, omnia pro domina egit, reditus exegit, etc.
+
+[118] Tacitus, _Agricola_, 43.
+
+[119] Frag. iur. Rom. Vat., 282.
+
+[120] Ulpian, viii, 7a.
+
+[121] Gaius, ii, 227. Digest, 35, 2.
+
+[122] E.g. Pliny, _Letters_, v, 1. Codex, iii, 28, 19; id., iii, 28, 28.
+Cf. Codex, iii, 29, I, and 29, 7; and Paulus in Dig., v, 2, 19. Note the
+extreme anxiety of the son of Prudentilla about her money as given by
+Apuleius, _Apologia_, 517. The estate of a mother who died intestate
+went to her children, not to her husband; the latter could only enjoy
+the interest until they arrived at maturity--Codex, vi, 60, 1;
+Modestinus in Dig., 38, 17, 4.
+
+[123] E.g., Juvenal, iv, 18-21. Pliny, _Letters_, ii, 20.
+
+[124] Digest, xiv, 1 and 3 and 8--on the actio exercitoria and
+institoria. Cf. Codex, iv, 25, 4: et si a muliere magister navis
+praepositus fuerit, etc.
+
+[125] CIL, xiv, 326.
+
+[126] Martial, xi, 71. Apuleius, _Metam_., v, 10. Soranus, i, 1, ch. 1
+and 2. Galen, vii, 414 (cf. xiii, 341).
+
+[127] E.g. Suetonius, _Nero_, 27.
+
+[128] Carmina Priapea, 18 and 27. Ulpian, xiii, 1. The Roman drama had
+now degenerated into mere vaudeville, mostly lascivious dancing.
+Senators and their children were forbidden to marry any woman who had
+herself or whose father or mother had been on the stage.
+
+[129] Martial, ii, 17, 1.
+
+[130] Petronius, _Sat_., 45: Titus noster ... habet et mulierem
+essedariam. This would not be strange, when we reflect that under
+Domitian noble ladies even fought in the arena.
+
+[131] _Thesmophoriazusae_, 443-459.
+
+[132] See Cicero, _pro Caecina_, 5, for an account of these business
+agents for women.
+
+[133] Paulus, ii, xi; id. in Dig., 16, 1, 1; Aulus Gellius, v, 19;
+Pomponius in Dig., 48, 2, 1: non est permissum mulieri publico iudicio
+quemquam reum facere.
+
+[134] Ulpian in Dig., 1, 16, 9. Salvius Julianus, Pars Prima, vi: si non
+habebunt advocatum, ego dabo. Alexander Severus (222-235 A.D.) gave
+pensions to those advocates in the provinces who pleaded free of
+charge--Lampridius, _Alex. Severus_, 44.
+
+[135] Cf. Paulus in Dig., 23, 3, 28. Codex, v, 13, 1, and 18, 1. Ulpian
+in Dig., iii, 3, 8.
+
+[136] Gaius, i, 137.
+
+[137] Frag. iur. Rom. Vat., 325; id., 327 (from Papinian): mulieres
+quoque et sine tutoris auctoritate procuratorem facere posse.
+
+[138] Ulpian in Dig., iii, 3, 8; ibid., Paulus, iii, 3, 41.
+
+[139] Ulpian in Dig., iii, 5, 3.
+
+[140] Pomponius in Dig., 48, 2, 1; ibid., Papinian, 48, 2, 2--who adds
+that she could also do so in a case regarding the will of a mother or
+father's freedman.
+
+[141] Marcianus in Dig., 48, 2, 13.
+
+[142] Papinian in Dig., 48, 4, 8.
+
+[143] Juvenal, vi, 242--245.
+
+[144] Valerius Maximus, viii, 3, 3. Appian, _B.C._, iv, 32 ff.
+Quintilian, i, 1, 6.
+
+[145] Valerius Maximus, viii, 3, 2.
+
+[146] Quintilian, ix, 2, 20 and 34.
+
+[147] E.g., Pliny _Letters_, i, 5, and iv, 17.
+
+[148] E.g., Huschke, pp. 796, 797, 803, 807, 809, 810, 856, 857, 858. Or
+instances such as that mentioned in Digest, 48, 2, 18, where a sister
+brings an action to prove her brother's will a forgery.
+
+[149] Pliny, _Letters_, vi, 33.
+
+[150] Paulus in Dig., 22, 6, 9.
+
+[151] Fully treated in Dig., 16, 1, and Paulus, ii, xi.
+
+[152] Ulpian in Dig., 16, 1, 2.
+
+[153] Aulus Gellius, xvii, 6. St. Augustine, de Civit. Dei, iii, 21: nam
+tunc, id est inter secundum et postremum bellum Carthaginiense, lata est
+etiam illa lex Voconis, ne quis heredem feminam faceret, nec unicam
+filiam.
+
+[154] Dio, 56, 10.
+
+[155] Aulus Gellius, xx, 1, 23. According to Dio, 56, 10, it was
+Augustus who in the year 9 A.D. gave women permission to inherit any
+amount.
+
+[156] Fully treated in Dig., 35, 2. Also in Gaius, ii, 227, and Paulus,
+iii, viii, 1-3, and iv, 3, 3, and 5 and 6.
+
+[157] Paulus, iv, Tit. v, 1. Cases in which "Complaints of Undutiful
+Will" were the issue will be found, e.g., in Codex, iii, 28, 1 and 19
+and 28; id., iii, 29, 1 and 7.
+
+[158] Ulpian in Dig., 38, 16, 1: suos heredes accipere debemus filios
+filias sive naturales sive adoptivos. Instances of daughters being left
+heiresses of whole estates may be found, e.g., in Dig., 28, 2, 19: cum
+quidam filiam ex asse heredem scripsisset filioque, quem in potestate
+habebat, decem legasset, etc. Or the example mentioned by Scaevola in
+Dig., 41, 9, 3: Duae filiae intestato patri heres exstiterunt, etc.
+
+[159] Callistratus in Dig., 48, 19, 26: crimen vel poena paterna nullam
+maculam filio infligere potest. namque unusquisque ex suo admisso sorti
+subicitur nec alieni criminis successor constituitur; idque divi fratres
+Hierapolitanis rescripserunt. "Nothing is more unjust," writes Seneca
+(de Ira, ii, 34, 3), "than that any one should become the heir of the
+odium excited by his father."
+
+[160] Paulus, v, xii, 1.
+
+[161] Paulus, v, xii, 12.
+
+[162] Ulpian in Dig., 48, 4, 11.
+
+[163] Ulpian in Dig., 48, 4, 11.
+
+[164] Hermogenianus in Dig., 48, 4, 9.
+
+[165] Sulla had not only deprived the children of the proscribed of all
+their estates, but had also debarred them from aspiring to any political
+office--see Velleius Paterculus, ii, 28.
+
+[166] For examples of the clemency of Augustus see Suetonius, _div.
+Aug._, 33 and 51 and 67; Seneca, _de Ira_, iii, 23, 4 ff., and 40, 2;
+Velleius Paterculus, ii, 86, 87.
+
+[167] For Tiberius see, e.g., Tacitus, _Annals_, iv--case of Silius;
+id., _Annals_, iii, 17, 18--case of Piso. For Nero, note Tacitus,
+_Annals_, xiii, 43--case of Publius Suilius. Clemency of Claudius
+mentioned in Dio, 60, 15, 16; of Vitellius in Tacitus, _Hist_., ii, 62.
+
+[168] Spartianus, _Had._, 18.
+
+[169] Capitolinus, _Anton. Pius_, 7. See also the anecdote of Aurelian
+in Vopiscus, _Aurelian_, 23.
+
+[170] Codex, iv, 12, 2, rescript of Diocletian: ob maritorum culpam
+uxores inquietari leges vetant. proinde rationalis noster, si res quae a
+fisco occupatae sunt dominii tui esse probaveris, ius publicum sequetur.
+
+[171] Gaius, ii, 129 and 132.
+
+[172] Gaius, ii, 132.
+
+[173] 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. Succeeding
+emperors enlarged upon it; but especially Alexander Severus (222-235
+A.D.), who instituted salaries for teachers of rhetoric, literature,
+medicine, mechanics, and architecture in Rome and the provinces, and had
+poor boys attend the lectures free of charge--see Lampridius, _Alex.
+Severus_, 44.
+
+[192] Pliny, _Paneg._, 26. Spartianus, _Hadrian_, 7, 8-9. Capitolinus,
+_Anton. Pius 8_; id. _M. Anton. Phil._ II. Lampridius, _Alex_.
+_Severus_, 57.
+
+[193] Pliny, _Letters_, vii, 18. The sum was 500,000 sesterces.
+
+[194] Any infringement of this vow was punished by burial alive--for
+instances, see Suetonius, _Domitian_, 8; Herodian, iv, 6, 4: Pliny,
+_Letters_ iv, 11; Dio, 77, 16 (Xiphilin). Their paramours were beaten to
+death.
+
+[195] A full account of the Vestals will be found in Aulus Gellius, i,
+12.
+
+[196] Quintilian, vii, 3, 27: ad servum nulla lex pertinet. On the rare
+instances when a slave could inform against his master in a public
+court, see Hermogenianus in Dig., v, 1, 53.
+
+[197] Gaius, i, 52 ff.
+
+[198] Gaius, iii, 222. Cf. Juvenal vi, 219-223, and 474-495.
+
+[199] Gaius, iii, 222. Salvius Julianus, Pars Secunda, xv. Aulus
+Gellius, xx, i.
+
+[200] Paulus, v, 16.
+
+[201] Paulus, iii, v, 5 ff. Pliny, _Letters_, viii, 14. Tacitus,
+_Annals_ xiii, 32.
+
+[202] Valerius Maximus, vi, 8, in a chapter entitled _de fide servorum_
+speaks with great admiration of instances of fidelity on the part of
+slaves. Seneca ate with his--_Epist_. 47, 13. Martial laments the death
+of a favourite slave girl--v, 34 and 37. Dio (62, 27--Xiphilin) notes
+the heroic conduct of Epicharis, a freedwoman, who was included in a
+conspiracy against Nero; but she revealed none of its secrets, though
+tortured in every way by Tigellinus. The pages of Pliny are full of the
+spirit of kindliness to slaves.
+
+[203] See Tacitus, _Annals_, xiv, 42 ff.
+
+[204] Suetonius, _Claudius_, 25. Dio, 60, 29 (Xiphilin).
+
+[205] Sec, e.g., Seneca, _de Clem_., i,18, 1 and 2--especially the
+anecdote of Vedius Pollio (mentioned also by Dio, 54, 23).
+
+The interesting letter of Pliny, viii, 16; and cf. iii, 14, and v, 19.
+Juvenai, vi, 219-223.
+
+[206] Spartianus, _Hadrian_, 18.
+
+[207] Gaius, i, 52 ff. Cf. Ulpian in Dig., 1, 12, 1 and 8.
+
+[208] The punishment for this was pecuniary damages equal to twice the
+highest value of a slave during the year in which he was killed.
+
+[209] Ulpian in Dig., i., 12, 8: hoc quoque officium praefecto urbi a
+divo Severo datum est, ut mancipia tueatur ne prostituantur.
+
+[210] Vopiscus, _Aurelian_, 49
+
+[211] Vopiscus, _Tacitus_, 9.
+
+
+
+
+CHAPTER II
+
+WOMEN AND THE EARLY CHRISTIAN CHURCH
+
+
+Meanwhile a new world force, destined to overthrow the old order of
+things, was growing slowly to maturity and spreading out its might until
+eventually it fought its way to preeminence. I have traced the rights of
+women under the regime of pagan Rome; I shall inquire next into the
+position of women under Christianity. We must first note the attitude of
+the early Christians towards women in general; for that attitude will
+naturally be reflected in any laws made after the Church has become
+supreme and is combined with and directs the State. That will demand a
+special chapter on Canon Law; but in the present chapter I propose to
+show how women were regarded by the Christians in the centuries which
+were the formative period of the Church.
+
+The direct words of Christ so far as they relate to women and as we have
+them in the Gospels concern themselves wholly to bring about purity in
+the relation of the sexes. "Ye have heard that it was said, Thou shalt
+not commit adultery; but I say unto you, that every one that looketh on
+a woman to lust after her hath committed adultery with her already in
+his heart."[212] His commands on the subject of divorce are positive and
+unequivocal: "It was said also, Whosoever shall put away his wife, let
+him give her a writing of divorcement; but I say unto you, that every
+one that putteth away his wife, saving for the cause of fornication,
+maketh her an adultress; and whosoever shall marry her when she is put
+away, committeth adultery."[213] Christ was content to lay down great
+ethical principles, not minute regulations. Of any inferiority on the
+part of women he says nothing, nor does be concern himself with giving
+any directions about their social or legal rights. He blessed the
+marriage at Cana; and to the woman taken in adultery he showed his usual
+clemency. For the rest, his relations with women have an atmosphere of
+rare sympathy, gentleness, and charm.
+
+But as soon as we leave the Gospels and read the Apostles we are in a
+different sphere. The Apostles were for the most part men of humble
+position, and their whole lives were directed by inherited beliefs which
+were distinctly Jewish and Oriental or Greek; not Western. In the Orient
+woman has from the dawn of history to the present day occupied a
+position exceedingly low. Indeed, in Mohammedan countries she is
+regarded merely as a tool for the man's sensual passions and she is not
+allowed to have even a soul. In Greece women were confined to their
+houses, were uneducated, and had few public rights and less moral
+latitude; their husbands had unlimited license.[214] The Jewish ideal is
+by no means a lofty one and cannot for a moment compare with the honour
+accorded the Roman matron under the Empire. According to _Genesis_ a
+woman is the cause of all the woes of mankind. _Ecclesiasticus_ declares
+that the badness of men is better than the goodness of women.[215] In
+_Leviticus_[216] we read that the period of purification customary
+after the birth of a child is to be twice as long in the case of a
+female as in a male. The inferiority of women was strongly felt; and
+this conception would be doubly operative on men of humble station who
+never travelled, who had received little education, and whose ideas were
+naturally bounded by the horizon of their native localities. We are to
+remember also that the East is the home of asceticism, a conviction
+alien to the Western mind. There is no parallel in Western Europe to St.
+Simeon Stylites.
+
+We would, therefore, expect to find in the teachings of the Apostles an
+expression of Jewish, i.e., Eastern ideals on the subject of women; and
+we do so find them. Following the express commands of Christ, they
+exhorted to sexual purity and reiterated his injunctions on the matter
+of divorce. They went much farther and began to legislate on more minute
+details. Paul allows second marriages to women[217]; but thinks it
+better for a widow to remain as she is.[218] It is better to marry than
+to burn; yet would he prefer that men and women should remain in
+celibacy.[219] The power of the father to arrange a marriage for his
+daughter was, under Roman law, limited by her consent; but the words of
+Paul make it clear that it was now to be a Christian precept that a
+father could determine on his own responsibility whether his daughter
+should remain a virgin.[220] Wives are to be in subjection to their
+husbands, and "let the wife see that she fear her husband."[221] Woman
+is the weaker vessel[222]; she is to be silent in church; if she desires
+to learn anything, she should ask her husband at home.[223] Furthermore:
+"I permit not a woman to teach, nor to have dominion over a man, but to
+be in quietness. For Adam was first formed, then Eve; and Adam was not
+beguiled, but the woman being beguiled hath fallen into transgression;
+but she shall be saved through childbearing, if they continue in faith
+and love and sanctification with sobriety."[224] The apparel of women
+also evoked legislation from the Apostles. Women were to pray with their
+heads veiled "for the man is not of the woman, but the woman for the
+man."[225] Jewels, precious metal, and costly garments were unbecoming
+the modest woman.[226]
+
+In this early stage of Christianity we may already distinguish three
+conceptions that were quite foreign to the Roman jurist: I. The
+inferiority and weakness of women was evident from the time of Eve and
+it was an act of God that punished all womankind for Eve's
+transgression. Woman had been man's evil genius. II. She was to be
+submissive to father or husband and not bring her will in opposition to
+theirs. III. She must not be prominent in public, she must consider her
+conduct and apparel minutely, and she was exhorted to remain a virgin,
+as being thus in a more exalted position. At the same time insistence
+was placed on the fact that a virgin, wife, and widow must be given due
+honour and respect, must be provided for, and allowed her share in
+taking part in those interests of the community which were considered
+her sphere.
+
+If, now, we examine the writings of the Church Fathers, we shall see
+these ideas elaborated with all the vehemence of religious zeal.
+
+The general opinions of the Fathers regarding women present a curious
+mixture. They are fond of descanting on the fact that woman is
+responsible for all the woes of mankind and that her very presence is
+dangerous. At the same time they pay glowing tribute to women in
+particular. St. Jerome held that women were naturally weaker, physically
+and morally, than men.[227] The same saint proves that all evils spring
+from women[228]; and in another passage he opines that marriage is
+indeed a lottery and the vices of women are too great to make it worth
+while.[229] "The sex is practiced in deceiving," observes St.
+Maximus.[230] St. Augustine disputes subtly whether woman is the image
+of God as well as man. He says no, and proves it thus[231]: The Apostle
+commands that a man should not veil his head, because he is the image of
+God; but the woman must veil hers, according to the same Apostle;
+therefore the woman is not the image of God. "For this reason, again,"
+continues the Saint, "the Apostle says 'A woman is not permitted to
+teach, nor to have dominion over her husband.'" Bishop Marbodius calls
+woman a "pleasant evil, at once a honeycomb and a poison" and indicts
+the sex,[232] something on the order of Juvenal or Jonathan Swift, by
+citing the cases of Eve, the daughters of Lot, Delilah, Herodias,
+Clytemnestra, and Progne. The way in which women were regarded as at
+once a blessing and a curse is well illustrated also in a distich of
+Sedulius: "A woman alone has been responsible for opening the gates of
+death; a woman alone has been the cause of a return to life."[233]
+
+That women should be in subjection, in accordance with the dictum of
+Paul, the Church Fathers assert emphatically. "How can it be said of a
+woman that she is the image of God," exclaims St. Augustine,[234] "when
+it is evident that she is subject to the rule of her husband and has no
+authority! Why, she can not teach, nor be a witness, nor give security,
+nor act in court; how much the more can she not govern!" Women are
+commanded again and again not to perform any of the functions of men and
+to yield a ready and unquestioning obedience to their husbands.[235]
+The Fathers also insist that marriage without a paternal parent's
+consent is fornication.[236]
+
+Marriage was looked upon as a necessary evil, permitted, indeed, as a
+concession to the weakness of mankind, but to be avoided if possible.
+"Celibacy is to be preferred to marriage," says St. Augustine.[237]
+"Celibacy is the life of the angels," remarks St. Ambrose.[238]
+"Celibacy is a spiritual kind of marriage," according to St.
+Optatus.[239] "Happy he," says Tertullia[240] "who lives like Paul!"
+The same saint paints a lugubrious picture of marriage and the "bitter
+pleasure of children" (_liberorum amarissima voluptate_) who are burdens
+and just as likely as not will turn out criminals. "Why did the Lord cry
+woe unto those that are pregnant and give suck, unless it was to call
+attention to the fact that children will be a hindrance on the day of
+judgment?"[241] When such views were entertained of marriage, it need
+not seem remarkable that Tertullian and St. Paul of Nolan, like Tolstoy
+to-day, discovered the blessings of a celibate life after they were
+married and ran away from their wives.[242] Jerome finds marriage useful
+chiefly because it produces virgins.[243]
+
+As for second marriages, the Montanist and the Novatian sects condemned
+them absolutely, on the ground that if God has removed a wife or husband
+he has thereby signified his will to end the marrying of the parties;
+Tertullian calls second marriage a species of prostitution.[244]Jerome
+expresses the more tolerant and orthodox view: "What then? Do we condemn
+second marriages? Not at all; but we praise single ones. Do we cast the
+twice-married from the Church? Far from it; but we exhort the
+once-married to continence. In Noah's ark there were not only clean, but
+also unclean animals."[245]
+
+As the Fathers were very well aware of the subtle influence of dress on
+the sexual passions, we have a vast number of minute regulations
+directing virgins, matrons, and widows to be clothed simply and without
+ornament; virgins were to be veiled.[246] Tertullian, with that keen
+logic of which the Church has always been proud in her sons, argues that
+inasmuch as God has not made crimson or green sheep it does not behoove
+women to wear colours that He has not produced in animals
+naturally.[247] St. Augustine forbids nuns to bathe more than once a
+month, unless under extreme necessity.[248]
+
+As soon as the Church begins to exercise an influence upon law, we shall
+expect to see the legal position of women changed in accordance with
+certain general principles outlined above, viz: I. That inasmuch as Adam
+was formed before Eve and as women are the weaker vessels, they should
+confine themselves to those duties only which society has, from time
+immemorial, assigned them as their peculiar sphere. II. They should be
+meek, and not oppose father or husband; and to these they should go for
+advice on all matters. III. All license, such as the Roman woman's right
+of taking the initiative in a divorce, must never be tolerated. IV. They
+should never transgress the bounds of strictest decorum in conduct and
+dress, lest they seduce men; and they must never be conspicuous in
+public or attempt to perform public functions. V. They are to be given
+due honour and are to be cared for properly.
+
+The legal rights of women would be affected, moreover, by a difference
+in the spirit of the law. The Roman jurist derived his whole sanction
+from reason and never allowed religious considerations, as such, to
+influence him when legislating on women. He recognised that laws are not
+immutable, but must be changed to fit the growth of equity and
+tolerance. No previous authority was valid to him if reason suggested
+that the authority's dictum had outlived its usefulness and must be
+adapted to larger ideas. It never occurred to him to make the
+inferiority of woman an act of God. On the other hand, the Church
+referred everything to one unchanging authoritative source, the Gospels
+and the writings of the Apostles; faith and authority took the place of
+reason; and any attempt to question the injunctions of the Bible was
+regarded as an act of impiety, to be punished accordingly. And as the
+various regulations about women had now a divine sanction, the
+permanence of these convictions was doubly assured.
+
+SOURCES
+
+I. The Bible.
+
+II. Patrologia Latina: edidit J.P. Migne. Parisiis. 221 volumes
+(finished 1864).
+
+NOTES:
+
+[212] _Matthew_ 5, 27 ff.
+
+[213] _Matthew_ 5, 31 ff.; id. 19, 3 ff. _Mark_ 10, 2-12. _Luke_ 16, 18.
+
+[214] Plutarch lived in the second century A.D.; but he has inherited
+the Greek point of view and advises a wife to bear with meekness the
+infidelities of the husband--see _Praecep. Coniug_., 16. His words are
+often curiously similar to those of the Apostles, e.g., _Coniug.
+Praecep_., 33: "The husband shall rule the wife not as if master of a
+chattel, but as the soul does the body." Id. 37: "Wives who are sensible
+will be silent when their husbands are angry and vent their passion;
+when their husbands are silent, then let them speak to them and mollify
+them." However, like the Apostles, he enjoins upon husbands to honour
+their wives; his essay on the "Virtues of Women"--[Greek: gynaikôn
+aretai]--is an affectionate tribute to their worth.
+
+Some of the respectable Puritan gentlemen at Rome also held that a wife
+be content to be a humble admirer of her husband (e.g., Pliny, _Paneg_.,
+83, hoc efficiebat, quod mariti minores erant ... nam uxori sufficit
+obsequii gloria, etc.). But Roman law insisted that what was morally
+right for the man was equally so for the woman; just as it compelled a
+husband himself to observe chastity, if he expected it from his wife.
+
+[215] _Ecclesiasticus_ 42, 14.
+
+[216] _Leviticus_ xii, 1-5.
+
+[217] _Romans_ 7, 2-4.
+
+[218] _Corinthians_ i, 7, 39.
+
+[219] _Corinthians_ i, 7, 1 ff.
+
+[220] _Corinthians_ i, 7, 37.
+
+[221] _Ephesians_ 5, 22 and 33.
+
+[222] _Peter_ i, 3, 7.
+
+[223] _Corinthians_ i, 14, 34.
+
+[224] _Timothy_ i, 2, 12-15.
+
+[225] _Corinthians_ i, II, 8.
+
+[226] _Timothy_ i, 2, 9. _Peter_ i, 3.
+
+[227] Abelard, Ep., 9, in vol. 178, p. 325, of Migne: Beatus Hieronymus
+... tanto magis necessarium amorem huius studii (i.e. the Scriptures)
+censuit, quanto eas naturaliter infirmiriores et carne debiliores esse
+conspexit. Cf. St. Paul of Nolan, _Letters_, 23, § 135--Migne 61, p.
+273: Hi enim (i.e. evil spirits) petulantius infirmiora vasa pertentant,
+sicut non Adam, sed Evam coluber aggressus est.
+
+[228] Adversus Iovianum, i, 48--Migne, vol. 23, p. 278.
+
+[229] Adversus Iovianum, i, 28--Migne, vol. 23, pp. 249-250: Qui enim
+ducit uxorem, in ambiguo est, utrum odiosam an amabilem ducat. Si
+odiosam duxerit, ferri non potest. Si amabilem, amor illius inferno et
+arenti terrae et incendio comparatur. He quotes the Old Testament,
+especially _Pr_. 30, 16, to support his views.
+
+[230] S. Maximi Episcopi Taurinensis--Homilia 53, I--Migne, vol. 57, p.
+350.
+
+[231] Augustinus: _Quaest. ex vet. Test_., 21: an mulier imago Dei sit
+... unde et Apostolus, Vir quidem, inquit, non debet velare caput, cum
+sit imago et gloria Dei; mulier autem, inquit, velet caput. Quare? Quia
+non est imago Dei. Unde denuo dicit Apostolus: Mulieri autem docere non
+permittitur, neque dominari in virum. Migne, vol. 35, p. 2228.
+
+[232] Migne, vol. 171, pp. 1698-1699:
+
+Femina dulce malum, pariter favus atque venenum, Melle linens gladium
+cor confodit et sapientum. Quis suasit primo vetitum gustare parenti?
+Femina. Quis patrem natas vitiare coegit? Femina. Quis fortem spoliatum
+crine peremit? Femina. Quis iusti sacrum caput ense recidit?
+Femina.--etc., ad lib.
+
+However, in another poem he acknowledges that there is nothing more
+beautiful than a good woman:
+
+In cunctis quae dante Deo concessa videntur Usibus humanis, nil
+pulchrius esse putamus, Nil melius muliere bona, etc.
+
+[233] Migne, vol. 80, p. 307. The sentiment is more fully developed in
+another poem--Migne, vol. 80, p. 307:
+
+Femina causa fuit humanae perditionis; Qua reparatur homo, femina causa
+fuit. Femina causa fuit cur homo ruit a paradiso; Qua redit ad vitam,
+femina causa fuit. Femina prima parens exosa, maligna, superba; Femina
+virgo parens casta, benigna, pia.
+
+[234] _Quaest. ex vet. Test_., 45; Migne, vol. 35, p. 2244.
+
+[235] E.g., Tertullian, _de virg. vel_., 9. St. Paul of Nolan, letter
+23, § 135--Migne, 61, p. 273. Id., letter 26, vol. 61, p. 732 of Migne.
+Cf. Augustine, letter 262, § 5--Migne, 33, p. 1079.
+
+[236] Basilius, _ad Amphil_., c.42: Matrimonia sine iis, qui potestatem
+habent, fornicationes sunt.
+
+Ambrose says: Honorantur parentes Rebeccae muneribus, consulitur puella
+non de sponsalibus, illa enim expectat iudicium parentum; non est enim
+virginalis pudoris eligere maritum.
+
+[237] Virginitas praeferenda coniugio--August., vol. 44, p. 142 of
+Migne. The Council of Trent, eleven centuries later, in its
+twenty-fourth session, re-echoed this sentiment and anathematised any
+one who should deny it.
+
+[238] Migne, vol. 16, p. 342.
+
+[239] Id., II, p. 1074.
+
+[240] Tertullian _ad uxorem_, i, 3.
+
+[241] Id. _ad uxorem_, i, 5. See also Gregory of Nyassa, _de Virg_.,
+iii, on the evils of matrimony.
+
+[242] v. Tertullian, _ad uxorem_. For Paul of Nolan, see Migne, vol. 61,
+p. 22.
+
+[243] Laudo nuptias, laudo coniugium, sed quia mihi virgines generant.
+
+[244] _Ad uxorem_, i, 7 and 9: non aliud dicendum erit secundum
+matrimonium quam species stupri.
+
+[245] Jerome, _Epist_., 123. See also id., _Epistola de viduitate
+servanda_, Migne 22, p. 550, and the _Epist. de monogamia_, Migne, 22,
+p. 1046. Ambrose, _de viduis liber unus_, Migne, 16, p. 234. Cf. Alanus
+de Insulis in Migne, vol. 210, p. 194: Vidua ad secundas nuptias non
+transeat.
+
+[246] See, e.g., St. Cyprian, _de habitu virginum_. Tertullian, _de
+virginibus velandis_ and _de cultu feminarum_. Treatises on the way
+widows should dress were written, among others, by St. Paul of Nolan,
+_Epist_. 23, §§ 133-135--Migne 61; Augustine, St. Fulgentius Rusp., St.
+Paulinus Aquil., and St. Petrus Damianus.
+
+[247] _De cultu feminarum_, i, 8.
+
+[248] Lavacrum etiam corporum ususque balneorum non sit assiduus, sed eo
+quo solet intervallo temporis tribuatur, hoc est, semel in mense. Nisi
+infirmitatis necessitas cogat, corpus saepius non lavandum--Augustine,
+_de monialibus_, Migne, vol. 33, page 963.
+
+
+
+
+CHAPTER III
+
+RIGHTS OF WOMEN AS MODIFIED BY THE CHRISTIAN EMPERORS
+
+
+Christianity became the state religion under Constantine, who issued the
+Edict of Milan, giving toleration to the Christians, in the year 313.
+The emperors from Constantine through Justinian (527-565) modified the
+various laws pertaining to the rights of women in various ways. To the
+enactments of Justinian, who caused the whole body of the Roman law to
+be collected, I intend to give special attention. We must not, as yet,
+expect to find the strict views of the Church Fathers carried out in any
+severe degree. On the contrary the old Roman law was still so powerful
+that it was for the most part beyond the control of ecclesiasts.
+Justinian was an ardent admirer of it and could not escape from its
+prevailing spirit. Canon law had not yet developed. When the old Roman
+civilisation in Italy has succumbed completely to its barbarian
+conquerors; when the East has been definitely sundered from the West;
+when the Church has risen supreme, has won temporal power, and has
+developed canon law into a force equal to the civil law,--then finally
+we shall expect to see the legal rights of women changed in accordance
+with two new world forces--the Roman Catholic Church and the Germanic
+nations. I shall now discuss legislation having to do with my subject
+under the Christian emperors from Constantine (306-337) through the
+reign of Justinian (527-565).
+
+[Sidenote: Divorce: rescript of Theodosius and Valentian.]
+
+The power of husband and wife to divorce at will and for any cause,
+which we have seen obtained under the old Roman law, was confined to
+certain causes only by Theodosius and Valentinian (449 A.D.). These
+emperors asserted vigorously that[249] the dissolution of the marriage
+tie should be made more difficult, especially out of regard to the
+children. Pursuant to this idea the power of divorce was given for the
+following reasons alone: adultery, murder, treason, sacrilege, robbery;
+unchaste conduct of a husband with a woman not his wife and vice-versa;
+if a wife attended public games without her husband's permission; and
+extreme physical violence of either party. A woman who sent her husband
+a bill of divorce for any other reason forfeited her dowry and all
+ante-nuptial gifts and could not marry again for five years, under
+penalty of losing all civil rights. Her property accrued to her husband
+to be kept in trust for the children.
+
+[Sidenote: Justinian on divorce]
+
+Justinian made more minute regulations on the subject of divorce. To the
+valid causes for divorce as laid down by Theodosius and Valentinian he
+added impotence; if a separation was obtained on this ground, the
+husband might retain ante-nuptial gifts.[250] Abortion committed by the
+wife or bathing with other men than her husband or inveigling other men
+to be her paramours--these offences on the part of the wife gave her
+husband the right of divorce.[251] Captivity of either party for a
+prolonged period of time was always a valid reason. Justinian added
+also[252] that a man who dismissed his wife without any of the legal
+causes mentioned above existing or who was himself guilty of any of
+these offences must give to his wife one fourth of his property up to a
+sum not to exceed one hundred _librae_ of gold, if he owned property
+worth four hundred _librae_ or more; if he had less, one fourth of all
+he possessed was forfeit. The same penalties held for the wife who
+presumed to dismiss her husband without the offences legally recognised
+existing. The forfeited money was at the free disposal of the blameless
+party if there were no children; these being extant, the property must
+be preserved intact for their inheritance and merely the usufruct could
+be enjoyed by the trustees. A woman who secured a divorce through a
+fault of her husband had always to wait at least a year before marrying
+again _propter seminis confusionem_.[253]
+
+[Sidenote: Justin revokes decrees of Justinian.]
+
+Justin, the nephew and successor of Justinian, reaffirmed the right to
+divorce by mutual consent, thus abrogating the laws of his
+predecessors.[254] Justinian had ordained that if husband and wife
+separated by mutual consent, they were to be forced to spend the rest of
+their lives in a convent and forfeit to it one third of their
+goods.[255] Justin, then, made the pious efforts of his uncle naught.
+Nothing can more clearly illustrate than his decree how small a power
+the Church still possessed to mould the tenor of the law; for such a
+thing as divorce by mutual consent, without any necessary reason, was a
+serious misdemeanour in the eyes of the Church Fathers, who passed upon
+it their severest censures.
+
+[Sidenote: Adultery.]
+
+On the subject of adultery Justinian enacted that if the husband was the
+guilty party, the dowry and marriage donations must be given his wife;
+but the rest of his property accrued to his relatives, both in ascending
+and descending lines, to the third degree; these failing, his goods
+were confiscated to the royal purse.[256] A woman guilty of adultery was
+at once sent to a monastery. After a space of two years her husband
+could take her back again, if he so wished, without prejudice. If he did
+not so desire, or if he died, the woman was shorn and forced to spend
+the rest of her life in a nunnery; two thirds of her property were given
+to her relatives in descending line, the other third to the monastery;
+if there were no descendants, ascendants got one third and the monastery
+two thirds; relatives failing, the monastery took all; and in all cases
+goods inserted in the dowry contract were to be kept for the
+husband.[257]
+
+[Sidenote: Second marriages.]
+[Sidenote: Strict laws of Gratian, Valentinian, and Theodosius.]
+
+The legislation of the earlier Christian emperors on second marriages
+reflects the various feelings of the Church Fathers on the subject.
+Under the old law, people could marry as often as they wished without
+any penalties.[258] But we have seen that among some of the Churchmen
+second marriages were held in peculiar abhorrence, and third nuptials
+were regarded as a hideous sin; while the orthodox clergy, like St.
+Augustine and St. Jerome, permitted second and third marriages, but
+damned them with faint praise and urged Christians to be content with
+one venture. Public opinion, custom, and the influence of the old Roman
+law were too powerful to allow Christian monarchs to become fanatical on
+the subject[259]; but certain stricter regulations were introduced by
+the pious Gratian, Valentinian, and Theodosius, in the years 380, 381,
+and 382.[260] As under the old laws any widow who married again before
+the legal time of mourning--a year--had expired, became infamous and
+lost both cast and all claims to the goods of her deceased husband. She
+was furthermore not permitted to give a second husband more than one
+third of her property nor leave him more than one third by will; and she
+could receive no intestate succession beyond the third degree. A woman
+who proceeded to a second marriage after the legal period of mourning,
+must make over at once to the children of the first marriage all the
+property which her former husband had given or left to her. As to her
+own personal property, she was allowed to possess it and enjoy the
+income while she lived, but not to alienate it or leave it by will to
+any one except the children of the first marriage. As I have before
+remarked, Roman law constantly had the interest of the children at
+heart.[261] If there was no issue of the first marriage, then the woman
+had free control. A mother acquired full right--as the old Senatus
+consultum Tertullianum had decreed--to the property of a son or daughter
+who died childless[262]; but if she married a second time, and her son
+or daughter died without leaving children or grandchildren, she was
+expelled from all succession and distant relatives acquired the
+property.[263]
+
+[Sidenote: Justinian moderates these laws to a great degree.]
+
+Justinian changed these enactments to a pronounced degree. "We are not
+making laws that are too bitter against women who marry a second time,"
+he remarks,[264] "and we do not want to lead them, in consequence of
+such action, to the harsh necessity, unworthy of our age, of abstaining
+from a chaste second marriage and descending to illegitimate
+connections." He ordained, therefore, that the law mentioned above be
+annulled and that mothers should have absolutely unrestricted rights of
+inheritance to a deceased child's property along with the latter's
+brothers and sisters; and second marriage was never to create any
+prejudice.[265] In the earlier part of his reign Justinian also forbade
+husband or wife to leave one another property under the stipulation that
+the surviving partner must not marry again[266]; but later, when his
+zeal for reform had become more pronounced and fanatical, he revoked
+this and gave the conditioned party the option either of enjoying the
+property by remaining unmarried or of forfeiting it by a second
+union.[267]
+
+[Sidenote: Breaking of engagements.]
+
+Constantine ordained,[268] in the year 336, that if an engagement was
+broken by the death of one of the contracting parties and if the
+_osculum_[269] had taken place, half of whatever donations had been
+given was to be handed over to the surviving party and half to the heirs
+of the deceased; but if the solemn _osculum_ had not yet taken place,
+all gifts went to the heirs of the deceased. There was also a law that
+if either party broke the engagement to enter monastic life, the man who
+did so lost all that he had given by way of earnest money for the
+marriage contract (_arrarum nomine_); if it was the woman who took the
+initiative, she was compelled to return twice the amount of any sums she
+had received. This was changed by Justinian, who enacted that those who
+broke an engagement to enter monastic life should merely return or
+receive whatever donations had been made.[270] Constantine and his
+successors abrogated the old time Julian laws, which had inflicted
+certain penalties--such as limited rights of inheritance--on men and
+women who did not marry.[271]
+
+[Sidenote: Changes in the law of gifts.]
+
+I have already pointed out that gifts between husband and wife were
+illegal and I have explained the reasons. Justinian allowed the husband
+to make donations to his wife, in such wise, however, that all chance of
+intent to defraud might be absent.[272] He ordained also that if husband
+or wife left the married state to embrace a celibate life, each party
+was to keep his or her own property as per marriage contract or as each
+would legitimately in the case of the other's death.[273] If any one,
+after vowing the monastic life, returned to the world, his or her goods
+were forfeit to the monastery which he or she had left.[274]
+
+[Sidenote: Various enactments on marriage.]
+
+The consent of the father or, if he was dead, of near relatives was
+emphatically declared necessary by the Christian emperors for a marriage
+and the woman had practically no will of her own although, if several
+suitors were proposed to her, she might be requested to name which one
+she preferred.[275] Marriage with a Jew was treated as adultery.[276]
+Women who belonged to heretical sects were to have no privileges.[277]
+Justinus and Justinian abrogated the old law which forbade senators to
+marry freedwomen or any woman who had herself or whose parents had
+followed the stage. Actresses were now permitted, on giving up their
+profession, to claim all the rights of other free women; and a senator
+could marry such or even a freedwoman without prejudice.[278]
+
+[Sidenote: Changes in the laws of inheritance.]
+
+Under the old law, as we have seen, a son and a daughter had equal
+rights to intestate succession; but beyond the relationship of daughter
+to father or sister to brother women had no rights to intestate
+succession unless there were no agnates, that is, male relatives on the
+father's side. Thus, an aunt would not be called to the estate of a
+nephew who died childless, but the uncle was regularly admitted. So,
+too, a nephew was admitted to the intestate succession of an uncle, who
+died without issue, but the niece was shut out. All this was changed by
+Justinian, who gave women the same rights of inheritance as men under
+such conditions.[279] If the children were unorthodox, they were to have
+absolutely no share of either parent's goods.[280]
+
+[Sidenote: Women as guardians.]
+
+[Sidenote: In suits.]
+
+The Christian emperors permitted widows to be guardians over their
+children if they promised on oath not to marry again and gave security
+against fraud.[281] Justinian forbade women to act by themselves in any
+legal matters.[282]
+
+[Sidenote: Bills of attainder.]
+
+Arcadius and Honorius (397 A.D.) enacted some particularly savage bills
+of attainder, which were in painful contrast to the clemency of their
+pagan predecessors. Those guilty of high treason were decapitated and
+their goods escheated to the crown. "To the sons of such a man [i.e.,
+one condemned for high treason]," write these amiable Christians,[283]
+"we allow their lives out of special royal mercy--for they ought really
+to be put to death along with their fathers--but they are to receive no
+inheritances. Let them be paupers forever; let the infamy of their
+father ever follow them; they may never aspire to office; in their
+lasting poverty let death be a relief and life a punishment. Finally,
+any one who tries to intercede for these with us is also to be
+infamous."[284] However, to the daughters of the condemned these
+emperors graciously granted one fourth of their mother's but not any of
+their father's goods. In the case of crimes other than high treason the
+children or grandchildren were allowed one half of the estate.[285]
+Constantine decreed that a wife's property was not to be affected by the
+condemnation of her husband.[286]
+
+[Sidenote: Rape.]
+
+Ravishers of women, even of slaves and freedwomen, were punished by
+Justinian with death; but in the case of freeborn women only did the
+property of the guilty man and his abettors become forfeit to the
+outraged victim. A woman no longer had the privilege of demanding her
+assailant in marriage.[287]
+
+
+SOURCES
+
+Roman Law as cited in Chapter I, especially the _Novellae_ of Justinian.
+
+NOTES:
+
+[249] Codex, v, 17, 8 contains this rescript in full.
+
+[250] Codex, v, 17, 10.
+
+[251] Codex, v, 17, 11.
+
+[252] Id.
+
+[253] Novellae, 22, 18.
+
+[254] Novellae, 140, 1: Antiquitus quidem licebat sine periculo tales
+(i.e., those of incompatible temperament) ab invicem separari secundum
+communem voluntatem et consensum hoc agentes, sicut et plurimae tunc
+leges extarent hoc dicentes et _bona gratia_ sic procedentem solutionem
+nuptiarum patria vocitantes voce. Postea vero divae memoriae nostro
+patri.... legem sancivit prohibens cum consensu coniugia solvi.... Haec
+igitur aliena nostris iudicantes temporibus in praesenti sacram
+constituimus legem, per quam sancimus licere ut antiquitus consensu
+coniugum solutiones nuptiarum fieri.
+
+[255] Novellae, 134, 11.
+
+[256] Novellae, 134, 10.
+
+[257] Novellae, 134, 10.
+
+[258] Novellae, 22 (praefatio): Antiquitas equidem non satis aliquid de
+prioribus aut secundis perserutabatur nuptiis, sed licebat et patribus
+et matribus et ad plures venire nuptias et lucro nullo privari, et causa
+erat in simplicitate confusa.
+
+[259] The language of some of them is pretty strong, however--matre iam
+secundis nuptiis _funestata_--Codex, v, 9, 3 (Gratian, Valentinian,
+Theodosius).
+
+[260] For these see Codex, v, 9, 1 and 2 and 3.
+
+[261] Cf. Codex, v, 9, 4. Nos enim hac lege id praecipue custodiendum
+esse decrevimus, ut ex quocumque coniugio suscepti filii patrum suorum
+sponsalicias retineant facilitates.
+
+[262] Codex, vi, 56, 5.
+
+[263] Novellae, ii, 3: ex absurditate legis, licet praemoriantur filii
+omnes, non relinquentes filios aut nepotes, nihilominus supplicium
+manet, et non succedit eis mater, sed expellitur ab eorum inhumane
+successione ... sed succedunt quidem illis aliqui ex longa cognatione.
+
+[264] Novellae, ii, 3.
+
+[265] Novellae ii, 3.
+
+[266] Codex, vi, 40, 2 and 3.
+
+[267] Novellae, 22, 44: unde sancimus, si quis prohibuerit ad aliud
+venire matrimonium, etc.
+
+[268] Codex, v, 3, 16.
+
+[269] The _osculum_ was a sort of "donation on account of marriage" made
+on the day of the formal engagement.
+
+[270] Codex, i, 3, 54 (56).
+
+[271] Codex, viii, 57 (58), I and 2. Cf. Codex, viii, 58 (59), 1 and 2.
+
+[272] Codex, v, 3, 10.
+
+[273] Codex, i, 3, 54 (56). Gregory of Tours informs us that according
+to the Council of Nicaea--325 A.D.--a wife who left her husband, to whom
+she was happily married, to enter a nunnery incurred excommunication. He
+means probably: if she went without her husband's consent. Greg. 9, 33:
+Tunc ego accedens ad monasterium canonum Nicaenorum decreta relegi, in
+quibus continetur: quia si quae reliquerit virum et thorum, in quo bene
+vexit, spreverit, dicens quia non sit ei portio in illa caelestis regni
+gloria qui fuerit coniugio copulatus, anathema sit. (Note of editor:
+Videtur esse canon 14 concilii Grangensis, quod concilium veteres
+Nicaeno subiungere solebant; idque indicat titulus in veteribus
+scriptis.)
+
+[274] Codex, i, 3, 54 (56).
+
+[275] Codex, v, 4, 20, and 5, 18.
+
+[276] Codex, i, 9, 6.
+
+[277] Novellae, cix, 1.
+
+[278] Codex, v, 4, 23 and 28.
+
+[279] Codex, vi, 58, 14.
+
+[280] Codex, i, 5, 19.
+
+[281] Codex, v, 35, 2 and 3.
+
+[282] Codex, ii, 55, 6.
+
+[283] Codex, ix, 8, 5.
+
+[284] This law was evidently lasting, for it is quoted with approval by
+Pope Innocent III, in the year 1199--see Friedberg, _Corpus Iuris
+Canonici_, vol. ii, p. 782.
+
+[285] Codex, ix, 49, 10.
+
+[286] Codex, v, 16, 24.
+
+[287] For all these enactments see Codex, i, 3, 53 (54), and ix, 13.
+
+
+
+
+CHAPTER IV
+
+WOMEN AMONG THE GERMANIC PEOPLES
+
+
+A second world force had now come into its own. The new power was the
+Germanic peoples, those wandering tribes who, after shattering the Roman
+Empire, were destined to form the modern nations of Europe and to find
+in Christianity the religion most admirably adapted to fill their
+spiritual needs and shape their ideals. In the year 476 the barbarian
+Odoacer ascended the throne of the Caesars. He still pretended to govern
+by virtue of the authority delegated to him by Zeno, emperor at
+Constantinople; but the rupture between East and West was becoming final
+and after the reign of Justinian (527-565) it was practically complete.
+Henceforth the eastern empire had little or nothing to do with western
+Europe and subsisted as an independent monarchy until Constantinople was
+taken by the Turks in 1453. I shall not concern myself with it any
+longer.
+
+In western Europe, then, new races with new ideals were forming the
+nations that to-day are England, Germany, France, Spain, Italy, and
+Austria. It is interesting to note what some of these barbarians
+thought about women and what place they assigned them.
+
+[Sidenote: Julius Caesar's account.]
+
+Our earliest authorities on the subject are Julius Caesar and Tacitus.
+Caesar informs us[288] that among the Gauls marriage was a well
+recognized institution. The husband contributed of his own goods the
+same amount that his wife brought by way of dowry; the combined property
+and its income were enjoyed on equal terms by husband and wife. If
+husband or wife died, all the property became the possession of the
+surviving partner. Yet the husband had full power of life and death over
+his wife as over his children; and if, upon the decease of a noble,
+there were suspicions regarding the manner of his death, his wife was
+put to inquisitorial torture and was burnt at the stake when adjudged
+guilty of murder. Among the Germans women seem to have been held in
+somewhat greater respect. German matrons were esteemed as prophetesses
+and no battle was entered upon unless they had first consulted the lots
+and given assurance that the fight would be successful.[289] As for the
+British, who were not a Germanic people, Caesar says that they practiced
+polygamy and near relatives were accustomed to have wives in
+common.[290]
+
+[Sidenote: The account of Tacitus.]
+
+Tacitus wrote a century and a half after Julius Caesar when the tribes
+had become better known the Romans; hence we get from him more detailed
+information. From him we learn that both the Sitones--a people of
+northern Germany--and the British often bestowed the royal power on
+women, a circumstance which aroused the strong contempt of Tacitus, who
+was in this respect of a conservative mind.[291] The Romans had, indeed,
+good reason to remember with sorrow the valiant Boadicea, queen of the
+Britons.[292] Regarding the Germans Tacitus wrote a whole book in which
+he idealises that nation as a contrast to the lax morality of civilised
+Rome, much as Rousseau in the eighteenth century extolled the virtues of
+savages in a state of nature. What Tacitus says in regard to lofty
+morals we shall do well to take with a pinch of salt; but we may with
+more safety trust his accuracy when he depicts national customs. From
+Tacitus we learn that the Germans believed something divine resided in
+women[293]; hence their respect for them as prophetesses.[294] One
+Velaeda by her soothsaying ruled the tribe of Bructeri completely[295]
+and was regarded as a goddess,[296] as were many others.[297] The German
+warrior fought his best that he might protect and please his wife.[298]
+The standard of conjugal fidelity was strict[299]; men were content with
+one wife, although high nobles were sometimes allowed several wives as
+an increase to the family prestige.[300] The dowry was brought not by
+the wife to the husband, but to the wife by the husband--evidently a
+survival of the custom of wife purchase; but the wife was accustomed to
+present her husband with arms and the accoutrements of war.[301] She was
+reminded that she took her husband for better and worse, to be a
+faithful partner in joy and sorrow until death.[302] A woman guilty of
+adultery was shorn and her husband drove her naked through the village
+with blows.[303]
+
+[Sidenote: The written laws of the barbarians.]
+
+We see, then, that by no means all of these barbarian nations had the
+same standards in regard to women. Of written laws there were none as
+yet. But contact with the civilisation of Rome had its effect; and when
+Goths, Burgundians, Franks, and Lombards had founded new states on the
+ruins of the western Roman Empire, the national laws of the Germanic
+tribes began to be collected and put into writing at the close of the
+fifth century. Between the fifth and the ninth centuries we get the
+Visigothic, Burgundian, Salic, Ripuarian, Alemannic, Lombardian,
+Bavarian, Frisian, Saxon, and Thuringian law books. They are written in
+medieval Latin and are not elaborated on a scientific basis. Three
+distinct influences are to be seen in them: (1) native race customs,
+ideals, and traditions; (2) Christianity; (3) the Roman civil law, which
+was felt more or less in all, but especially in the case of the
+Visigoths; as was natural, since this people had been brought into
+closest touch with Rome. Inasmuch as the barbarians allowed all peoples
+conquered by them to be tried under their own laws, the old Roman civil
+law was still potent in all its strength in cases affecting a Roman. Let
+us endeavour to glean what we can from the barbarian codes on the matter
+of women's rights.
+
+[Sidenote: Guardianship.]
+
+The woman was always to be under guardianship among the Germanic peoples
+and could never be independent under any conditions. Perhaps we should
+rather call the power (_mundium_) wielded by father, brother, husband,
+or other male relative a protectorate; for in those early days among
+rude peoples any legal action might involve fighting to prove the merits
+of one's case, and the woman would therefore constantly need a champion
+to assert her rights in the lists. Thus the woman was under the
+perpetual guardianship of a male relative and must do nothing without
+his consent, under penalty of losing her property.[304] Her guardian
+arranged her marriage for her as he wished, provided only that he chose
+a free man for her husband[305]; if the woman, whether virgin or widow,
+married without his consent, she lost all power to inherit the goods of
+her relatives[306]; and her husband was forced to pay to her kin a
+recompense amounting to 600 _solidi_ among the Saxons, 186 among the
+Burgundians.[307]
+
+[Sidenote: Marriage.]
+
+The feeling of caste was very strong; a woman must not marry below her
+station.[308] By a law of the Visigoths she who tried to marry her own
+slave was to be burned alive[309]; if she attempted it with another's
+bondman, she merited one hundred lashes.[310] The dowry was a fixed
+institution as among the Romans; but the bridegroom regularly paid a
+large sum to the father or guardian of the woman. This _wittemon_ was
+regarded as the price paid for the parental authority (_mundium_) and
+amounted among the Saxons to 300 _solidi_.[311] As a matter of fact this
+custom practically amounted to the intended husband giving the dowry to
+his future wife. The husband was also allowed to present his wife with a
+donation (_morgengabe_) on the morning after the wedding; the amount
+was limited by King Liutprand to not more than one fourth of all his
+goods.[312] Breaking an engagement after the solemn betrothal had been
+entered into was a serious business. The Visigoths refused to allow one
+party to break an engagement without the consent of the other; and if a
+woman, being already engaged, went over to another man without her
+parent's or fiancé's leave, both she and the man who took her were
+handed over as slaves to the original fiancé.[313] The other barbarians
+were content to inflict a money fine for breach of promise.[314]
+
+[Sidenote: Power of the husband.]
+
+The woman on marrying passed into the power of her husband "according to
+the Sacred Scriptures," and the husband thereupon acquired the lordship
+of all her property.[315] The law still protected the wife in some ways.
+The Visigoths gave the father the right of demanding and preserving for
+his daughter her dowry.[316] The Ripuarians ordained that whatever the
+husband had given his wife by written agreement must remain
+inviolate.[317] King Liutprand made the presence of two or three of the
+woman's male relatives necessary at any sale involving her goods, to see
+to it that her consent to the sale had not been forced.[318]
+
+[Sidenote: Divorce.]
+
+On the subject of divorce the regulations of the several peoples are
+various; but the commands of the New Testament are alike strongly felt
+in all; and we may expect to find divorce limited by severe
+restrictions.[319] The Burgundians allowed it only for adultery or grave
+crimes, such as violating tombs. If a wife presumed to dismiss her
+husband for any other cause, she was put to death (_necetur in luto_);
+to a husband who sent his wife a divorce without these specific reasons
+existing the law was more indulgent, allowing him to preserve his life
+by paying to his injured wife twice the amount that he had originally
+given her parents for her, and twelve _solidi_ in addition; and in case
+he attempted to prove her guilty of one of the charges mentioned above
+and she was adjudged innocent, he forfeited all his goods to her and was
+forced to leave his home.[320] The Visigoths were equally strict; the
+husband who dismissed his wife on insufficient legal grounds lost all
+power over her and must return all her goods; his own must be preserved
+for the children; if there were none, the wife acquired his property. A
+woman who married a divorced man while his first wife was living, was
+condemned for adultery and accordingly handed over to the first wife to
+be disposed of as the latter wished; exile, stripes, and slavery were
+the lot of a man who took another wife while his first partner was still
+alive.[321] The Alemanni and the Bavarians, who were more remote from
+Italy and hence from the Church, were influenced more by their own
+customs and allowed a pecuniary recompense to take the place of the
+harsher enactments.[322]
+
+[Sidenote: Adultery.]
+
+Adultery was not only a legal cause for divorce, but also a grave crime.
+All the barbarian peoples are agreed in so regarding it, but their
+penalties vary according as they were more or less affected by proximity
+to Italy, where the power of the Church was naturally strongest. The
+Ripuarians, the Bavarians, and the Alemanni preferred a money fine
+ranging from fifty to two hundred _solidi_.[323] Among the Visigoths
+the guilty party was usually bound over in servitude to the injured
+person to be disposed of as the latter wished.[324] Sometimes the law
+was harsher to women than to men; thus, according to a decree of
+Liutprand,[325] a husband who told his wife to commit adultery or who
+did so himself paid a mulct of fifty _solidi_ to the wife's male
+relatives; but if the wife consented to or hid the deed, she was put to
+death. The laws all agree that the killing of adulterers taken in the
+act could not be regarded as murder.
+
+[Sidenote: The Church indulgent toward kings.]
+
+It is always to be remembered that although the statutes were severe
+enough, yet during this period, as indeed throughout all history, they
+were defied with impunity. Charlemagne, for example, the most Christian
+monarch, had a large number of concubines and divorced a wife who did
+not please him; yet his biographer Einhard, pious monk as he was, has no
+word of censure for his monarch's irregularities[326]; and policy
+prevented the Church from thundering at a king who so valiantly crushed
+the heretics, her enemies. Bishop Gregory of Tours tells us without a
+hint of being shocked that Clothacharius, King of the Franks, had many
+concubines.[327] Concubinage was, in fact, the regular thing.[328] But
+neither in that age, nor later in the case of Louis XIV, nor in our own
+day in the case of Leopold of Belgium has the Church had a word of
+reproach for monarchs who broke with impunity moral laws on which she
+claims always to have insisted without compromise.
+
+[Sidenote: Remarriage.]
+
+In accordance with the commands of Scripture neither the divorced man
+nor the divorced woman could marry again during the lifetime of the
+other party. To do so was to commit adultery, for which the usual
+penalties went into effect.
+
+[Sidenote: Property rights and powers.]
+
+A woman's property would consist of any or all of these:
+
+I. Her share of the property of parents or brothers and sisters.
+
+II. Her dowry and whatever nuptial donations (_morgengabe_) her husband
+had given her, and whatever she had earned together with her husband.
+
+There could be no account of single women's property or disposal of what
+they earned, because in the half-civilised state of things which then
+obtained there was no such thing as women engaging in business; indeed,
+not even men of any pretension did so; war was their work. The unmarried
+woman was content to sit by the fire and spin under the guardianship
+and support of a male relative. Often she would enter a convent.
+
+I shall first discuss the laws of inheritance as affecting women, in
+order to note what property she was allowed to acquire. In this
+connection it is well to bear in mind a difference between Roman and
+Germanic law. The former viewed an inheritance as consisting always of a
+totality of all goods, whether of money, land, movables, cattle, dress,
+or what not. But among the Germanic peoples land, money, ornaments, and
+the like were regarded as so many distinct articles of inheritance, to
+some of which women might have legal claims of succession, but not
+necessarily to all. This is most emphatically shown in the case of land.
+Of all the barbarian peoples, the Ripuarians alone allowed women the
+right to succeed to land.[329] Among other nations a daughter or sister
+or mother, whoever happened to be the nearest heir, would get the money,
+slaves, etc., but the nearest _male_ kin would get the land.[330] Only
+if male kin were lacking to the fifth degree--an improbable
+contingency--did alodial inheritance "pass from the lance to the
+spindle."[331] In respect to all other things a daughter was co-heir
+with a son to the estate of a father or mother. According to the Salic
+and Ripuarian law this would be one order of succession[332]:
+
+   I. Children of the deceased.
+  II. These failing, surviving mother or father
+of deceased.
+ III. These failing, brother or sister of deceased.
+  IV. These failing, sister of mother of deceased.
+   V. These failing, sister of father of deceased.
+  VI. These failing, male relatives on father's side.
+
+It will be observed that in such a succession these laws are more
+partial to women relatives than the Roman law; an aunt, for example, is
+called before an uncle. An uncle would certainly exclude an aunt under
+the Roman law; but most of the Germanic codes allowed them an equal
+succession.[333] Nevertheless, when women did inherit under the former,
+they acquired the land also. Moreover, the woman among the Germanic
+nations must always be under guardianship; and whereas under the Empire
+the power of the guardian was in practice reduced to nullity, as I have
+shown, among the barbarians it was extremely powerful, because to assert
+one's rights often involved fighting in the lists to determine the
+judgment of God. It was a settled conviction among the Germanic peoples
+that God would give the victory to the rightful claimant. As women could
+not fight, a champion or guardian was a necessity. This was not true in
+Roman courts, which preferred to settle litigation by juristic reasoning
+and believed, like Napoleon, that God, when appealed to in a fight, was
+generally on the side of the party who had the better artillery.
+
+Children inherited not only the estate but also the friendships and
+enmities of their fathers, which it was their duty to take up.
+Hereditary feuds were a usual thing.[334] King Liutprand ordaine[335]
+however, that if a daughter alone survived, the feud was to be brought
+to an end and an agreement effected.
+
+Some of the nations seem to have provided that children must not be
+disinherited except for very strong reasons; for example, the law of the
+Visigoths[336] forbids more than one third of their estate being
+alienated by mother or father, grandmother or grandfather. The Alemanni
+permitted a free man to leave all his property to the Church and his
+heirs had no redress[337]; but the Bavarians compelled him before
+entering monastic life to distribute among his children their
+proportionate parts.[338]
+
+[Sidenote: Property of the married woman.]
+
+We may pass now to the property rights of the married woman. The
+relation of her husband to the dowry I have already explained. The dowry
+was conceived as being ultimately for the children; only when there were
+no children, grandchildren, or great-grandchildren did the woman have
+licence to dispose of the dowry as she wished: this was the law among
+the Visigoths.[339] The dowry, then, was to revert to the children or
+grandchildren at the death of the wife; if there were none such, to the
+parents or relatives who had given her in marriage; these failing, it
+escheated to the Crown--so according to Rotharis.[340] By the laws of
+the Visigoths[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 civilisation was in a state of flux, and immediate
+practical convenience was the only guide. They were content to fix the
+penalties for such outrages as murder, rape, insult, assault, and the
+like in money; the Visigoths alone were more stringent in a case of
+rape, adding 200 lashes and slavery to the ravisher of a free woman who
+had accomplished his purpose.[350] Some enactments which may well strike
+us as peculiar deserve notice. For example, among the Saxons the theft
+of a horse or an ox or anything worth three _solidi_ merited death; but
+murder was atoned for by pecuniary damages.[351] Among the Burgundians,
+if a man stole horses or cattle and his wife did not at once disclose
+the deed, she and her children who were over fourteen were bound over in
+slavery to the outraged party "because it hath often been ascertained,
+that these women are the confederates of their husbands in crime."[352]
+
+The most minute regulations prevailed on the subject of injury to women.
+Under the Salic law[353] for instance, if a free man struck a free women
+on the fingers or hand, he had to pay fifteen _solidi_; if he struck her
+arm, thirty _solidi_; if above her elbow, thirty-five _solidi_; if he
+hit her breast, forty-five _solidi_. The penalties for murdering a free
+woman were also elaborated on the basis of her value to the state as a
+bearer of children. By the same Salic law[354] injury to a pregnant
+woman resulting in her death merited a fine of seven hundred _solidi_;
+but two hundred was deemed sufficient for murder of one after her time
+for bearing children had passed. Similarly, for killing a free woman
+after she had begun to have children the transgressor paid six hundred
+_solidi_; but for murdering an unmarried freeborn girl only two hundred.
+The murder of a free woman was punished usually by a fine (_wergeld_)
+equal to twice the amount demanded for a free man "because," as the law
+of the Bavarians has it,[355] "a woman can not defend herself with arms.
+But if, in the boldness of her heart (per audaciam cordis sui), she
+shall have resisted and fought like a man, there shall not be a double
+penalty, but only the recompense usual for a man [160 _solidi_]." Fines
+were not paid to the state, but to the injuried parties or, if these did
+not survive, to the nearest kin. If the fine could not be paid, then
+might death be meted to the guilty.[356]
+
+Another peculiar feature of the Germanic law was the appeal to God to
+decide a moot point by various ordeals. For example, by the laws of the
+Angles and Werini, if a woman was accused of murdering her husband, she
+would ask a male relative to assert her innocence by a solemn oath[357]
+or, if necessary, by fighting for her as her champion in the lists. God
+was supposed to give the victory to the champion who defended an
+innocent party. If she could find no champion, she was permitted to
+walk barefoot over nine red-hot ploughshares[358]; and if she was
+innocent, God would not, of course, allow her to suffer any injury in
+the act.
+
+[Sidenote: Women in slavery.]
+
+Perhaps a word on the status of women in slavery among the Germanic
+nations will not be out of place. The new nations looked upon a slave as
+a chattel, much as the Romans did. If a wrong was done a slave woman,
+her master received a recompense from the aggressor, but she did not,
+for to hold property was denied her. But we may well believe that the
+great value which the Church put on chastity and conjugal fidelity
+rendered the slave woman less exposed to the brutal passions of her lord
+than had been the case under the Empire. Thus, by a law of King
+Liutprand, a master who committed adultery with the wife of a slave was
+compelled to free both[359]; and the Visigot[360] inflicted fifty
+lashes and a fine of twenty _solidi_ upon the man who used violence to
+another man's slave woman.
+
+On comparing the position of women under Roman law and under the
+Germanic nations, as we have observed them thus far, we should note
+first of all that under the latter women benefited chiefly by the
+insistence of the Church on the value of chastity in both sexes. That
+in those days the passions of men were difficult to restrain in practice
+does not invalidate the real service done the world by the ideal that
+was insisted upon,[361] an ideal which was certainly not held in pagan
+antiquity except by a few great minds. Although the social position of
+woman was thus improved, the character of the age and the sentiments of
+the Bible which I have already quoted made her status far inferior to
+her condition under Roman law so far as her legal rights were concerned.
+In a period[362] when the assertion of one's rights constantly demanded
+fighting, the woman was forced to rely on the male to champion her; the
+Church, in accordance with the dicta of the Apostles, encouraged and
+indeed commanded her to confine herself to the duties of the household,
+to leave legal matters to men, and to be guided by their advice; and
+thus she was prevented from asserting herself out of regard for the
+strong public opinion on the subject, which was quite alien to the
+sentiments of the old Roman law. Henceforward also we are to have law
+based on old customs and _theology_,[363] not on practical convenience
+or scientific reasoning.
+
+
+SOURCES
+
+I. Corpus Iuris Germanici Antiqui: edidit Ferd. Walter.
+Berolini--impensis G. Reimeri, 1824. 3 vols.
+
+II. C. Iulii Caesaris Commentarii de Bello Gallico: recognovit Geo.
+Long. Novi Eboraci apud Harperos Fratres. 1883
+
+III. Cornelii Taciti libri qui supersunt: quartum recognovit Carolus
+Halm. Lipsiae (Teubner), 1901.
+
+IV. Sancti Georgii Florentii Gregorii, Episcopi Turonensis, Historiae
+Ecclesiasticae Francorum libri decem: edidit J. Guadet et N.R. Taranne.
+Parisiis, apud Julium Renouard et Socios, 1838.
+
+V. Iordanis de Origine Actibusque Getorum: edidit Alfred Holder.
+Freiburg und Tubingen; Verlagsbuchhandlung von J. C.B. Mohr.
+
+VI. Widukindi Rerum Gestarum Saxonicarum libri tres. Accedit libellus de
+Origine Gentis Suevorum. Editio quarta: post Georgium Waitz recognovit
+Karolus A. Kehr. Hannoverae et Lipsiae Impensis Bibliopolii Hahniani,
+1904.
+
+VII. Procopii Caesariensis opera omnia: recognovit Jacobus Haury.
+Lipsiae. (Teubner). 1905.
+
+VIII. Einhardi Vita Karoli Magni. Editio quinta. Post G.H. Perte
+recensuit G. Waitz. Hannoverae et Lipsiae, 1905.
+
+IX. Pauli Historia Langobardorum: edidit Georg Waitz. Hannoverae,
+impensis Bibliopolii Hahniani, 1878.
+
+NOTES:
+
+[288] _de Bell. Gall_., vi, 19.
+
+[289] Id., i, 50.
+
+[290] Id., v, 14.
+
+[291] _Agricola_, 16. _Germania_, 45: Suionibus Sitonum gentes
+continuantur. Cetera similes, uno differunt, quod femina dominatur; in
+tantum non modo a libertate, sed etiam a servitute degenerant. No woman
+ever reigned alone as queen of the Roman Empire until 450 A.D., when
+Pulcheria, sister of Theodosius II, ascended the throne of the East; but
+she soon took the senator Marcian in marriage and made him king.
+
+[292] _Agricola_, 16.
+
+[293] _Germania_, 8.
+
+[294] Procopius, _de bello Vandalico_, ii, 8, observes the same thing
+among the Maurousians, or Moors, in northern Africa: [Greek: andra gar
+manteuesthai en tô ethnei toutô ou themis, alla gunaikes sphisi katochoi
+hek dê tinos lerourgias ginomenai prolegousi ta esomena, tôn palai
+chrêstêriôn oudenos êsson.]
+
+[295] Tacitus, _Hist_., iv, 61, and v, 24.
+
+[296] Id., _Germania_, 8.
+
+[297] Ibid., 8.
+
+[298] Ibid., 7.
+
+[299] Ibid., 17.
+
+[300] Ibid.
+
+[301] Ibid., 18.
+
+[302] Ibid., 18 and 19.
+
+[303] Ibid., 19.
+
+[304] Liutprand, i, 5: Si filiae aut sorores contra voluntatem patris
+aut fratris egerint, potestatem habet pater aut frater iudicandi res
+suas quomodo aut qualiter voluerit.
+
+[305] Leges Liutprandi, vi, 119: si quis filiam suam aut sororem alii
+sponsare voluerit, habeat potestatem dandi cui voluerit, libero tamen
+homini. Lex Wisigothorum, iii, 1, 7 and 8.
+
+[306] Leges Liutprandi, vi, 119. Lex Angliorum et Werinorum, x, 2: si
+libera femina sine voluntate patris aut tutoris cuilibet nupserit,
+perdat omnem substantiam quam habuit vel habere debuit. Reply of a
+bishop quoted by Gregory of Tours, 9, 33: quia sine consilio parentum
+eam coniugio copulasti, non erit uxor tua. But the law of the Visigoths
+(iii, i, 8, and 2,8) merely deprived her of succession to the estate of
+her parents.
+
+[307] Lex Saxonum, vi, 2: Si autem sine voluntate parentum, puella tamen
+consentiente, ducta fuerit (uxorem ducturus) bis ccc solidos parentibus
+eius componat. Lex Burgundionum: _Add_., 14. cf. Edictum Rotharis, 188:
+si puella libera aut vidua sine voluntate parentum ad maritum
+ambulaverit, liberum tamen, tunc maritus, qui eam acceperit uxorem,
+componat pro anagrip solidos XX et propter faidam alios XX.
+
+[308] By a law of the Alemanni (_Tit_., 57), if two sisters were
+heiresses to a father's estate and one married a vassal (_colonus_) of
+the King or Church and the other became the wife of a free man equal to
+her in rank, the latter only was allowed to hold her father's land,
+although the rest of the goods were divided equally.
+
+[309] Lex Wisigothorum, iii, 2, 2.
+
+[310] Ibid., iii, 2, 3.
+
+[311] Lex Saxonum, vi, I: uxorem ducturus CCC solidos det parentibus
+eius. See also the lex Burgundionum, 66, I and 2 and 3. In the case of a
+widow who married again the gift of the husband was called _reiphe_ or
+_reippus_ and very solemn ceremonies belonged to the giving of it
+according to the Salic law, _Tit_., 47: si, ut fieri adsolet, homo
+moriens viduam dimiserit et cam quis in coniugium voluerit accipere,
+antequam eam accipiat Tunginus aut Centenarius Mallum indicent, et in
+ipso Mallo scutum habere debet, et tres homines vel caussas mandare. Et
+tunc ille, qui viduam accipere vult, cum tribus testibus qui adprobare
+debent, tres solidos aeque pensantes, et denarium habere debet, etc.
+
+[312] Leges Liutprandi, ii, 1.
+
+[313] Lex Wisigothorum, iii, 1, 2 and 3, and iii, 6, 3.
+
+[314] E.g., 62 _solidi_ by the Salic law, _Tit_., 70. See also Lex
+Baiuvariorum, _Tit_., vii, 15 and 16 and 17. Lex Alemannorum, 52, i; 53;
+54.
+
+[315] Lex Burgundionum, _Add. primum_, xiii: quaecumque mulier Burgundia
+vel Romana voluntate sua ad maritum ambulaverit, iubemus ut maritus ipse
+de facultate ipsius mulieris, sicut in eam habet potestatem, ita et de
+rebus suis habeat.
+
+Lex Wisigothorum, iv, 2, 15: Vir qui uxorem suam secundum sacram
+scripturam habet in potestate, similiter et in servis suis potestatem
+habebit, et omnia quae cum servis uxoris suae vel suis in expeditione
+acquisivit, in sua potestate permaneant.
+
+[316] Lex Wisigothorum, iii, Tit. i, 6.
+
+[317] Lex Ripuariorum, 37, 1.
+
+[318] Leges Liutprandi, iv, 4.
+
+[319] That is, for the common people. Kings have always had a little way
+of doing as they pleased. See the anecdote of King Cusupald in Paulus'
+_Hist. Langobard_, i, 21: secunda autem (sc. filia Wacchonis) dicta est
+Walderada, quae sociata est Cusupald, alio regi Francorum, quam ipse
+odio habens uni ex suis, qui dicebatur Garipald, in coniugium tradidit.
+
+[320] For all this see Lex Burgundionum, 34, 1-4.
+
+[321] For all these, see Lex Wisigothorum, iii, 6, 1 and 2.
+
+[322] Capitula Addita ad Legem Alemannorum, 30. Lex Baiuvariorum, vii,
+14.
+
+[323] Lex Ripuariorum, _Tit_., 35. Lex Baiuvariorum, vii. Lex
+Alemannorum, 51, 1.
+
+[324] Lex Wisigothorum, iii, 6, 1 and 2, and iii, 4, 1.
+
+[325] Leges Liutprandi, vi, 130.
+
+[326] Einhard, _Vita Kar. Mag_., 17: Deinde cum matris hortatu filiam
+Desiderii regis Langobardorum duxisset uxorem, incertum qua de causa,
+post annum eam repudiavit et Hildigardam de gente Suaborum praecipuae
+nobilitatis feminam in matrimonium duxit ... Habuit et alias tres filias
+... duas de Fastrada uxore ... tertiam de concubina quadam ... defuncta
+Fastrada ... tres habuit concubinas.
+
+[327] Gregory of Tours, 4, 3.
+
+[328] The concubines of Theodoric--Jordanes, _de orig. acti busque
+Get._, 58. Huga, king of the Franks, had a filium quem ex concubina
+genuit--Widukind, _Res Gest. Sax._, i, 9.
+
+[329] Lex Ripuariorum, _Til_., 48. Lex Angliorum et Werinorum, vi--_de
+alodibus_, 1: hereditatem defuncti filius, non filia suscipiat. Salic
+Law, _Tit_., 62: _de alodis_, 6: de terra vero Salica in mulierem nulla
+portio hereditatis transit, sed hoc virilis sexus adquirat, hoc est,
+filii in ipsa hereditate succedunt. Lex Saxonum, vii, 1: Pater aut mater
+defuncti filio, non filiae hereditatem relinquit.
+
+[330] Cf. Lex Angliorum et Werinorum, vi: _de alodibus_.
+
+[331] Ibid., vi, 8: post quintam autem (sc. generationem) filia ex toto,
+sive de patris sive de matris parte, in hereditatem succedat, et tunc
+demum hereditas ad fusum a lancea transeat.
+
+[332] Lex Salica, _Tit._, 62. Lex Ripuariorum, _Tit._, 56.
+
+[333] Cf. Lex Wisigothorum, iv, 2, 7 and 9.
+
+[334] Tacitus, _Germania_, 21.
+
+[335] Legis Liutprandi, ii, 7.
+
+[336] Lex Wisigothorum, iv, 5, I.
+
+[337] Lex Alemannorum, _Tit._, i.
+
+[338] Lex Baiuvariorum, _Tit._, i.
+
+[339] Lex Wisigothorum, iv, 2, 20.
+
+[340] Edictum Rotharis, i, 121.
+
+[341] Lex Wisigothorum, iv, 2, 13.
+
+[342] Cf. Capitula addita ad legem Alemannorum, 29. Lex Saxonum, viii,
+2.
+
+[343] Cf. lex Wisigothorum, iv, 2, 11: maritus et uxor tunc sibi
+hereditario iure succedant, quando mulla affinitas usque ad septimum
+gradum de propinquis eorum vel parentibus inveniri poterit. See also Lex
+Burgundionum, 14, 1.
+
+[344] Lex Saxonum, ix. Lex Ripuariorum, 37, 2.
+
+[345] Lex Saxonum, viii. Lex Wisigothorum, iv, 3, 3. Lex Burgundionum
+85, 1, and 62, 1.
+
+[346] Lex Burgundionum, 42, 1; 62, 1; 74, 1.
+
+[347] Lex Baiuvariorum, xiv, 9, 1.
+
+[348] Ibid., xiv, 6.
+
+[349] For all this, see Lex Burgundionum, 24 and 62 and 74. Lex
+Wisigothorum, iv, Tit. 3. Lex Baiuvariorum, 14. Lex Alemannorum, 55 and
+56.
+
+[350] Lex Wisigothorum, iii, 3, 1.
+
+[351] Lex Saxonum, iv. In the early days when the Great West of the
+United States was just being opened up and when society there was in a
+very crude state, a horse thief was regularly hanged; but murder was
+hardly a fault.
+
+[352] Lex Burgundionum, 47, 1 and 2. The guilty man was put to death.
+
+[353] Lex Salica, _Tit._, 23.
+
+[354] Id, _Tit._, 28.
+
+[355] Lex Baiuvariorum, _Tit._, xiii, 2.
+
+[356] Cf. lex Salica, _Tit._, 61--a very curious account of formalities
+to be observed in such a case.
+
+[357] It was deemed sufficient for a male relative, say, the father, to
+assert the innocence of the woman under solemn oath: for it was thought
+that he would be unwilling to do this if he knew the woman was guilty
+and so incur eternal Hell-fire as a punishment for perjury. An example
+of this solemn ceremony is told interestingly by Gregory of Tours, 5,
+33. A woman at Paris was charged by her husband's relatives with
+adultery and was demanded to be put to death. Her father took a solemn
+oath that she was innocent. Far from being content with this, the
+husband's kin began a fight and the matter ended in a wholesale butchery
+at the church of St. Dionysius.
+
+[358] Lex Angliorum et Werinorum, xiv: aut si campionem non habuerit,
+ipsa ad novem vomeres ignitos examinanda mittatur.
+
+[359] Leges Liutprandi, vi, 140.
+
+[360] Lex Wisigothorum, iii, 4, 16.
+
+[361] See the interesting story of the girl who slew Duke Amalo, as
+narrated by Gregory of Tours, 9, 27.
+
+[362] The bloody nature of the times is depicted naïvely by Gregory,
+Bishop of Tours, who wrote the history of the Franks. See, e.g., the
+stories of Ingeltrudis, Rigunthis, Waddo, Amalo, etc., in Book 9.
+Gregory was born in 539.
+
+[363] _Corpus Iuris Canonici_ (Friedberg), vol. i, p. 1, _Distinctio
+Prima_: ius naturae est quod in lege et _evangelio_ continetur.
+
+
+
+
+CHAPTER V
+
+DIGRESSION OF THE LATER HISTORY OF ROMAN LAW
+
+
+With Charlemagne, who was crowned Emperor by the Pope in the year 800,
+began the definite union of Church and State and the Church's temporal
+power. Henceforth for seven centuries, until the Reformation, we shall
+have to reckon with canon law as a supreme force in determining the
+question of the position of women. A brief survey of the later history
+of the old Roman Law will not be out of place in order to note what
+influence, if any, it continued to exert down the ages.
+
+The body of the Roman law, compiled by order of Justinian (527-565
+A.D.), was intended primarily for the eastern empire; but when, in the
+year 535, the Emperor conquered the western Goths, who then ruled Italy,
+he ordered his laws taught in the school of jurisprudence at Rome and
+practiced in the courts. I have already remarked that the barbarians who
+overran Italy allowed the vanquished the right to be judged in most
+cases by their own code. But the splendid fabric of the Roman law was
+too elaborate a system to win the attentive study of a rude people; the
+Church had its own canons, the people their own ancestral customs; and
+until the twelfth century no development of the Roman Civil Code took
+place. Finally, during the twelfth century, the great school at Bologna
+renewed the study with vigour, and Italy at the present day derives the
+basic principles of its civil law from the Corpus of Justinian.
+Practically the same story holds true of France,[364] of Spain, and of
+the Netherlands, all of whom have been influenced particularly by the
+great jurists of the sixteenth century who were simply carrying further
+the torch that had been lit so enthusiastically at Bologna in the
+twelfth century.
+
+As to Germany,[365] when that unhappy country had been separated from
+France and Italy after the Treaty of Verdun in 843, Carlovingian law and
+the ancient German law books fell into disuse. The law again rested on
+unwritten customs, on the decisions of the judges and their assessors,
+and on agreements of the interested parties (feudal services and
+tenures). Not till the twelfth and thirteenth centuries was any record
+made of the rules of law which had arisen; many laws of cities on
+various matters and in various provinces were recorded by public
+authority; and thus originated the so-called law books of the Middle
+Ages, the private labours of experienced men, who set forth the legal
+principles which were recognised in all Germany, or at least in certain
+parts of it. There were no law schools as yet, and scientific
+compilation of German law was not even thought of. After the University
+of Bologna had revived the study of Roman law in Italy, the Italian
+universities attracted the German youth, who on their return would
+labour to introduce what they had learned. Their efforts were seconded
+by the clergy, through the close connection with canon law which was in
+force in Germany. German emperors and territorial lords also favoured
+Roman law because they saw how well suited it was to absolutism; they
+liked to engage jurists trained in Italy, especially if they were
+doctors of both canon and Roman law. Nor did the German people object.
+From the fourteenth century many schools of jurisprudence were
+established on Italian models.
+
+At present, the law of Justinian has only such force as is received by
+usage or as it has acquired by recognition. I. The Roman law forms in
+Germany the principal law in some branches, that is, it is in so far its
+basis that the German law is only an addition or modification of it. In
+other branches it is only supplementary, that is, it is merely
+subsidiary to the German law. II. Only the glossed parts and passages of
+Justinian's law collection have binding force in Germany.
+
+III. Only those glossed passages are binding which contain the latest
+rule of law. Consequently the historical materials contained in them,
+though always of great importance for discovering the latest law, have
+not binding force. IV. Those precepts of the Roman law which relate to
+Roman manners and institutions unknown in Germany are inapplicable here,
+though glossed. V. The Roman law has but slight application to such
+objects and transactions as were unknown to the Romans and are of purely
+Germanic origin. VI. With the limitations above enumerated the Roman law
+has been adopted as a whole and not in detached parts.
+
+In England Roman law has had practically no effect. In the year 1149 a
+Lombard jurist, Vacarius, lectured on it at Oxford; but there were no
+results. Canon law is, of course, a force to be reckoned with in Britain
+as on the Continent.
+
+Before we enter the question of women's rights during the Middle Ages,
+we must take a general survey of the character of that period; for
+obviously we cannot understand its legislation without some idea of the
+background of social, political, and intellectual life. In the first
+place, then, the Church was everywhere triumphant and its ideals
+governed legislation completely on such matters as marriage. The civil
+law of Rome, as drawn up first by the epitomisers and later studied more
+carefully at Bologna, served to indicate general principles in cases to
+which canon law did not apply; but there was little jurisdiction in
+which the powers ecclesiastical could not contrive to take a hand. At
+the same time Germanic ideals and customs continued a powerful force.
+For a long time after the partition of the vast empire of Charlemagne
+government was in a state of chaos and transition from which eventually
+the various distinct states arose. A struggle between kings and nobles
+for supremacy dragged along for many generations; and as during that
+contest each feudal lord was master in his own domain, there was no
+consistent code of laws for all countries or, indeed, for the same
+country. Yet the character of the age determined in a general way the
+spirit that dictated all laws. Society rested on a military and
+aristocratic basis, and when the ability to wield arms is essential to
+maintain one's rights, the position of women will be affected by that
+fact. Beginning with the twelfth century city life began to exert a
+political influence; and this, again, did not fail to have an effect on
+the status of women. Of any participation of women in intellectual life
+there could be no question until the Renaissance, although we do meet
+here and there with isolated exceptions, a few ladies of high degree
+like Roswitha of Gandersheim and Hadwig, Duchess of Swabia, niece of
+Otto the Great, and Heloise. The learning was exclusively scholastic,
+and from any share in that women were barred. When people are kept in
+ignorance, there is less inducement for them to believe that they have
+any rights or to assert them if they do think so.
+
+We shall do well to bear in mind, in noting the laws relative to women,
+that theory is one thing and practice quite another. Hence, although the
+doctrines of the Church on various matters touching the female sex were
+characterised by the greatest purity, we shall see that in practice they
+were not strictly executed. Religion does in fact play a less
+considerable part in regulating the daily acts of men than theologians
+are inclined to believe. If anything proves this, it is the history of
+that foulest stain on Christian nations--prostitution. We might expect
+that since the Roman Catholic Church insists so on chastity the level of
+this virtue would certainly be higher in countries which are almost
+exclusively Catholic, like Spain and Italy, than in Protestant lands;
+but no one who has ever travelled in Spain or Italy fails to recognise
+that the conduct of men is as lamentably low in these as in England,
+Germany, or the United States.
+
+With this brief introduction I shall proceed next to explain the
+position of women under the canon law, a code which affected all
+countries of Europe equally until the Reformation; and in connection
+with this I shall give some idea of the attitude of the Roman Catholic
+Church towards women and women's rights at the present day.
+
+NOTES:
+
+[364] French customary law began to be written in the thirteenth century
+and was greatly affected by the Roman law.
+
+[365] The succeeding paragraphs are a summary of the account by the
+learned Professor Mackeldey, who has investigated Roman law with the
+most minute diligence.
+
+
+
+
+CHAPTER VI
+
+THE CANON LAW AND THE ATTITUDE OF THE ROMAN CATHOLIC CHURCH
+
+
+[Sidenote: The canon law reaffirms the subjection of women.]
+
+The canon law reaffirms woman's subjection to man in no uncertain terms.
+The wife must be submissive and obedient to her husband.[366] She must
+never, under penalty of excommunication, cut off her hair, because "God
+has given it to her as a veil and as a sign of her subjection."[367] A
+woman who assumed men's garments was accursed[368]; it will be
+remembered that the breaking of this law was one of the charges which
+brought Joan of Arc to the stake. However learned and holy, woman must
+never presume to teach men publicly.[369] She was not allowed to bring a
+criminal action except in cases of high treason or to avenge the death
+of near relatives.[370] Parents could dedicate a daughter to God while
+she was yet an infant; and this parental vow bound her to the nunnery
+when she was mature, whether she was willing or not.[371] Virgins or
+widows who had once consecrated themselves to God might not marry under
+pain of excommunication.[372] Parents could not prevent a daughter from
+taking vows, if she so wished, after she had attained the age of
+twelve.[373]
+
+[Sidenote: Woman and marriage under canon law.]
+
+The most important effect of the canon law was on marriage, which was
+now a sacrament and had its sanction not in the laws of men, but in the
+express decrees of God. Hence even engagements acquired a sacred
+character unknown to the Roman law; and when a betrothal had once been
+entered into, it could be broken only in case one or both of the
+contracting parties desired to enter a monastery.[374] Free consent of
+both man and woman was necessary for matrimony.[375] There must also be
+a dowry and a public ceremony.[376] The legitimate wife is thus
+defined[377]: "A chaste virgin, betrothed in chastity, dowered according
+to law, given to her betrothed by her parents, and received from the
+hands of the bridesmaids (_a paranimphis accipienda_); she is to be
+taken according to the laws and the Gospel and the marriage ceremony
+must be public; all the days of her life--unless by consent for brief
+periods to devote to worship--she is never to be separated from her
+husband; for the cause of adultery she is to be dismissed, but while she
+lives her husband may marry no other." The blessing of the priest was
+necessary. About every form connected with the marriage service the
+Church threw its halo of mystery and symbol to emphasise the sacred
+character of the union. Thus[378]: "Women are veiled during the marriage
+ceremony for this reason, that they may know they are lowly and in
+subjection to their husbands.... A ring is given by the bridegroom to
+his betrothed either as a sign of mutual love or rather that their
+hearts may be bound together by this pledge. For this reason, too, the
+ring is worn on the fourth finger, because there is a certain vein in
+that finger which they say reaches to the heart."
+
+[Sidenote: Clandestine marriages.]
+
+Clandestine marriages were forbidden,[379] but the Church always
+presumed everything it could in favour of marriage and its
+indissolubility. Thus, Gratian remarks[380]: "Clandestine marriages are,
+to be sure, contrary to law; nevertheless, they can not be dissolved."
+The reason for forbidding them was perfectly reasonable: one party might
+change his or her mind and there would be no positive proof that a
+marriage had taken place, so that a grave injury might be inflicted on
+an innocent partner by an unscrupulous one who desired to dissolve the
+union.[381] Yet the marriage by consent alone without any of the
+ceremonies or the blessing of the priest was perfectly valid, though not
+"according to law" (_legitimum_), and could not be dissolved.[382] Not
+until the great Council of Trent in 1563 was this changed. At that time
+all marriages were declared invalid unless they had been contracted in
+the presence of a priest and two or three witnesses.[383]
+
+[Sidenote: Protection to women.]
+
+The Church is seen in its fairest light in its provisions to protect the
+wife from sexual brutality on the part of her husband, and it deserves
+high praise for its stand on such matters.[384] Various other laws show
+the same regard for the interests of women. A man who was entering
+priestly office could not cast off his wife and leave her destitute, but
+must provide living and raiment for her.[385] Neither husband nor wife
+could embrace the celibate life nor devote themselves to continence
+without the consent of the other.[386] A man who cohabited with a woman
+as his concubine, even though she was of servile condition or
+questionable character, could not dismiss her and marry another saving
+for adultery.[387] Slaves were now allowed to contract marriages and
+masters were not permitted to dissolve them.[388]
+
+[Sidenote: Divorce.]
+
+It has always been and still is the boast of the Roman Catholic Church
+that it has been the supreme protector of women on account of its stand
+on divorce. Says Cardinal Gibbons[389]: "Christian wives and mothers,
+what gratitude you owe to the Catholic Church for the honorable position
+you now hold in society! If you are no longer regarded as the slave, but
+the equal, of your husbands; if you are no longer the toy of his
+caprice, and liable to be discarded at any moment; but if you are
+recognised as the mistress and queen of your household, you owe your
+emancipation to the Church. You are especially indebted for your liberty
+to the Popes who rose up in all the majesty of their spiritual power to
+vindicate the rights of injured wives against the lustful tyranny of
+their husbands." In view of such a claim I may be justified in entering
+a somewhat more detailed account of this subject.
+
+On the subject of divorce the Roman Catholic Church took the decided
+position which it continues to maintain at the present day. Marriage
+when entered upon under all the conditions demanded by the Church for a
+valid union is indissoluble.[390] A separation "from bed and board"
+(_quoad thorum seu quoad cohabitationem_) is allowed for various causes,
+such as excessive cruelty, for a determinate or an indeterminate period;
+but there is no absolute divorce even for adultery. For this cause a
+separation may, indeed, take place, but the bond of matrimony is not
+dissolved thereby and neither the innocent nor the guilty party may
+marry again during the lifetime of the other partner.
+
+All this seems very rigorous. It is true that the Roman Catholic Church
+does not permit "divorce." But it allows fourteen cases where a marriage
+can be declared absolutely null and void, as if it had never existed;
+and in these cases the man or woman may marry again. To say that the
+Roman Church does not allow divorce is, therefore, playing upon words.
+The instruments used to render its strict theory ineffective are
+"diriment impediments" and "dispensations."
+
+By the doctrine of "diriment impediments" the Pope or a duly constituted
+representative can declare that a marriage has been null and void from
+the very beginning because of some impediment defined in the canon law.
+Canon IV of the twenty-fourth session of the Council of Trent
+anathematises anyone who shall say that the Church cannot constitute
+impediments dissolving marriage, or that she has erred in constituting
+them. The impediments which can annul marriage are described in the
+official Catholic Encyclopedia, vol. vii, pages 697-698. Among them are
+impuberty and impotency. Then there is "disparity of worship," which
+renders void the marriage of a Christian--that is, a Roman Catholic,
+with an infidel,--that is, one who is unbaptised. Marriage of a Roman
+Catholic with a baptised non-Catholic constitutes a "relative"
+impediment and needs a special dispensation and provisoes, such as a
+guarantee to bring up the children in the Roman faith to give it
+validity. Another impediment is based on the presumption of want of
+consent, "the nullity being caused by a defect of consent." "This
+defect," says the Catholic Encyclopedia, "may arise from the intellect
+or the will; hence we have two classes. Arising from the intellect we
+have: insanity; and total ignorance, even if in confuso of what marriage
+is (this ignorance, however, is not presumed to exist after the age of
+puberty has been reached); and lastly error, where the consent is not
+given to what was not intended. Arising from the will, a defect of
+consent may be caused through deceit or dissimulation, when one
+expresses exteriorly a consent that does not really exist; or from
+constraint imposed by an unjust external force, which causes the consent
+not to be free." Consanguinity and affinity are diriment impediments.
+Consanguinity "prohibits all marriages in the direct ascending or
+descending line in infinitum, and in the collateral line to the fourth
+degree or fourth generation." Affinity "establishes a bond of
+relationship between each of the married parties and the blood relations
+of the other, and forbids marriage between them to the fourth degree.
+Such is the case when the marriage springs from conjugal relations; but
+as canon law considers affinity to spring also from illicit intercourse,
+there is an illicit affinity which annuls marriage to the second degree
+only." Then there is "spiritual relationship"; for example, the marriage
+of one who stood as sponsor in confirmation with a parent of the child
+is null and void.
+
+Under the canon law, even more resources are open for the man who is
+tired of his wife; by the doctrine, namely, of "spiritual fornication."
+Adultery is, of course, recognised as the cause that admits a
+separation. But the canon law remarks that idolatry and all harmful
+superstition--by which is meant any doctrine that does not agree with
+that of the Church--is fornication; that avarice is also idolatry and
+hence fornication; that in fact no vice can be separated from idolatry
+and hence all vices can be classed as fornication; so that if a husband
+only tried a little bit, he could without much trouble find some "vice"
+in his wife that would entitle him to a separation.[391]
+
+When all these fail, recourse can be had to a dispensation. The Church
+reserves the right to give dispensations for all impediments. Canon III
+of the twenty-fourth session of Trent says: "If anyone shall say, that
+only those degrees of consanguinity and affinity which are set down in
+_Leviticus_ [xviii, 6 ff.] can hinder matrimony from being contracted,
+and dissolve it when contracted; and that the Church can not dispense in
+some of those degrees, or ordain that others may hinder and dissolve it;
+let him be anathema."
+
+[Sidenote: Inheritance]
+
+The minute and far-fetched subtleties which the Roman Church has
+employed in the interpretation of these relationships make escape from
+the marital tie feasible for the man who is eager to disencumber himself
+of his life's partner. The man of limited means will have a hard time of
+it. The great and wealthy have been able at all periods, by working one
+or more of these doctrines, to reduce the theory of the Roman Church to
+nullity in practice. Napoleon had his marriage to Josephine annulled on
+the ground that he had never intended to enter into a religious marriage
+with her, although the day before the ceremony he had had the union
+secretly blessed by Cardinal Fesch. On the basis of this avowed lack of
+intent, his marriage with Josephine was declared null and void, and he
+was free to marry Louisa. A plea along the same lines is being worked by
+the Count de Castellane now. Louis XII, having fallen in love with Anne
+of Brittany, suddenly discovered that his wife was his fourth cousin,
+that she was deformed, and that her father had been his godfather; and
+for this the Pope gave him a dispensation and his legitimate wife was
+sent away. The Pope did not thunder against Louis XIV for committing
+adultery with women like Louise de la Vallière and Madame de Montespan.
+It is certainly true that in the case of Philip Augustus of France and
+Henry VIII of England the Pope did protect injured wives; but both these
+monarchs were questioning the Vatican's autocracy. The matrimonial
+relations of John of England, Philip's contemporary, were more corrupt
+than those of the French king; but, while the Pope chastised John for
+his defiance of his political autonomy, he did not excommunicate him on
+any ground of morality. The statement of Cardinal Gibbons is not
+entirely in accordance with history; he does not take all facts into
+consideration, as is also true of his complacent assumption that outside
+of the Roman Church no economic forces and no individuals have had any
+effect in elevating the moral and economic status of women.
+
+Questions such as those of inheritance belong properly to civil law;
+but the canon law claimed to be heard in any case into which any
+spiritual interest could be foisted. Thus in the year 1199 Innocent III
+enacted that children of heretics be deprived of all their offending
+parents' goods "since in many cases even according to divine decree
+children are punished in this world on account of their parents."[392]
+
+[Sidenote: General attitude towards women at the present day]
+
+The attitude of the Roman Catholic Church towards women's rights at the
+present day is practically the same as it has been for eighteen
+centuries. It still insists on the subjection of the woman to the man,
+and it is bitterly hostile to woman suffrage. This position is so well
+illustrated by an article of the Rev. David Barry in the Roman Catholic
+paper, the Dublin _Irish Ecclesiastical Review_, that I cannot do better
+than quote some of it. "It seems plain enough," he says, "that allowing
+women the right of suffrage is incompatible with the high Catholic ideal
+of the unity of domestic life. Even those who do not hold the high and
+rigid ideal of the unity of the family that the Catholic Church clings
+to must recognise some authority in the family, as in every other
+society. Is this authority the conjoint privilege of husband and wife?
+If so, which of them is to yield, if a difference of opinion arises?
+Surely the most uncompromising suffragette must admit that the wife
+ought to give way in such a case. That is to say, every one will admit
+that the wife's domestic authority is subordinate to that of her
+husband. But is she to be accorded an autonomy in outside affairs that
+is denied her in the home? Her authority is subject to her husband's in
+domestic matters--her special sphere; is it to be considered co-ordinate
+with his in regulating the affairs of the State? Furthermore, there is
+an argument that applies universally, even in the case of those women
+who are not subject to the care and protection of a husband, and even, I
+do not hesitate to say, where the matters to be decided on would come
+specially within their cognisance, and where their judgment would,
+therefore, be more reliable than that of men. It is this, that in the
+noise and turmoil of party politics, or in the narrow, but rancorous
+arena of local factions, it must needs fare ill with what may be called
+the passive virtues of humility, patience, meekness, forbearance, and
+self-repression. These are looked on by the Church as the special
+prerogative and endowment of the female soul ... But these virtues would
+soon become sullied and tarnished in the dust and turmoil of a contested
+election; and their absence would soon be disagreeably in evidence in
+the character of women, who are, at the same time, almost
+constitutionally debarred from preeminence in the more robust virtues
+for which the soul of man is specially adapted."
+
+Cardinal Gibbons, in a letter to the National League for the Civic
+Education of Women--an anti-suffrage organisation--said that "woman
+suffrage, if realised, would be the death-blow of domestic life and
+happiness" (Nov. 2, 1909).
+
+Rev. William Humphrey, S.J., in his _Christian Marriage_, chap. 16,
+remarks that woman is "the subordinate equal of man"--whatever that
+means.
+
+A few Roman Catholic prelates, like Cardinal Moran, have advocated equal
+suffrage, but they are in the minority. The Pope has not yet definitely
+stated the position of the Church; individual Catholics are free to take
+any side they wish, as it is not a matter of faith; but the tendency of
+Roman Catholicism is against votes for women.
+
+
+
+SOURCES
+
+I. Corpus Iuris Canonici: recognovit Aemilius Friedberg. Lipsiae
+(Tauchnitz) Pars Prior, 1879. Pars Secunda, 1881.
+
+II. Sacrosanctum Concilium Tridentinum, additis Declarationibus
+Cardinalium, Concilii Interpretum, ex ultima recognitione Joannis
+Gallemart, etc. Coloniae Agrippinae, apud Franciscum Metternich,
+Bibliopolam. MDCCXXVII.
+
+III. The Catholic Encyclopedia. New York, Robert Appleton Company.
+(Published with the _Imprimatur_ of Archbishop Parley.)
+
+IV. Various articles by Catholic prelates, due references to which are
+given as they occur.
+
+NOTES:
+
+[366] Augustine quoted by Gratian, _Causa_, 33, _Quaest_. 5, chapters
+12-16--Friedberg, i, pp. 1254, 1255. Ambrose and Jerome on the same
+matter, ibid., _c_. 15 and 17, Friedberg, i, p. 1255. Gratian, _Causa_
+30, _Quaest_. 5, _c_. 7--Friedberg, i, p. 1106: Feminae dum maritantur,
+ideo velantur, ut noverint se semper viris suis subditas esse et
+humiles.
+
+[367] Gratian, _Distinctio_, 30, _c_. 2--Friedberg, i, p. 107: Quecumque
+mulier, religioni iudicans convenire, comam sibi amputaverit quam Deus
+ad velamen eius et ad memoriam subiectionis illi dedit, tanquam
+resolvens ius subiectionis, anathema sit. Cf. Gratian, _Causa_, 15,
+_Quaest_. 3--Friedberg, i, p. 750.
+
+[368] Gratian, _Dist_., 30, _c_. 6, Friedberg, i, p. 108. See also
+_Deuteronomy_ xxii, 5.
+
+[369] Gratian, _Dist_., 23, _c_. 29--Friedberg, i, p. 86: Mulier,
+quamvis docta et sancta, viros in conventu docere non praesumat.
+
+[370] Id., _Causa_, 15, _Quaest_. 3--Friedberg, i, p. 750.
+
+[371] Id., _Causa_, 20, _Quaest_. 1, _c_. 2--Friedberg, i, pp. 843-844,
+quoting Gregory to Augustine, the Bishop of the Angles: Addidistis
+adhuc, quod si pater vel mater filium filiamve intra septa monasterii in
+infantiae annis sub regulari tradiderunt disciplina, utrum liceat eis,
+postquam ad pubertatis inoleverint annos, egredi, et matrimonio
+copulari. Hoe omnino devitamus, quia nefas est ut oblatis a parentibus
+Deo filiis voluptatis frena relaxentur. Id., _c_. 4--Fried., i, p. 844:
+quoting Isidore--quicumque a parentibus propriis in monasterio fuerit
+delegatus, noverit se ibi perpetuo mansurum. Nam Anna Samuel puerum suum
+natum et ablactatum Deo pietate obtulit. Id., _c_. 7--Fried., i, pp.
+844-845.
+
+[372] Gratian, _Dist_., 27, _c_. 4 et 9, and _Dist_., 28, _c_.
+12--Friedberg, i, pp. 99 and 104. Id., _Causa_, 27, _Quaest_. 1, _c_. 1
+and 7--Friedberg, i, pp. 1047 and 1O50.
+
+[373] Gratian, _Causa_, 20, _Quaest_. 2, _c_. 2--Friedberg, i, pp.
+847-848.
+
+[374] Cf. Council of Trent, Session 24, "On the Sacrament of Matrimony,"
+_Canon_ 6: "If anyone shall say that matrimony contracted but not
+consummated is not dissolved by the solemn profession of religion by one
+of the parties married: let him be anathema."
+
+Gratian, _Causa_, 27, _Quaest_. ii, _c_. 28--Fried., i, p. 1071. Id.,
+_c_. 46, 47, 50, 51--Fried., i, pp. 1076, 1077, 1078.
+
+[375] Gratian, _Causa_, 30, _Quaest_. 2--Fried., i, p. 1100: Ubi non est
+consensus utriusque, non est coniugium. Ergo qui pueris dant puellas in
+cunabulis et e converso, nihil faciunt, nisi uterque puerorum postquam
+venerit ad tempus discretionis consentiat, etiamsi pater et mater hoc
+fecerint et voluerint. Id. _Causa_, 31, _Quaest_. 2--Fried., i,
+1112-1114: sine libera voluntate nulla est copulanda alicui.
+
+[376] Gratian, _Causa_, 30, _Quaest_. 5, _c_. 6--Friedberg, i, p. 1106:
+Nullum sine dote fiat coniugium; iuxta possibilitatem fiat dos, nee sine
+publicis nuptiis quisquam nubere vel uxorem ducere praesumat.
+
+[377] Gratian, _Causa_, 30, _Quaest_. 5, _c_. 4--Friedberg, i, p. 1105.
+
+[378] Gratian, _Causa_, 30, _Quaest_. 5, _c_. 7--Friedberg, i, p. 1106.
+
+[379] Id., _c_. 1--Friedberg, i, p. 1104.
+
+[380] Id., _c_. 8--Friedberg, i, p. 1107.
+
+[381] Gratian, _Causa_, 30, _Quaest_. 5, _c_. 9--Friedberg, i, p. 1107.
+
+[382] Gratian, _Causa, 28, _Quaest_. i, _c_. 17--Friedberg, i, p. 1089:
+illorum vero coniugia, qui contemptis omnibus illis solempnitatibus solo
+affectu aliquam sibi in coniugem copulant, huiuscemodi coniugium non
+legitimum, sed ratum tantummodo esse creditur.
+
+[383] Sessio xxiv, cap. i--De Reformatione Matrimonii.
+
+[384] See Gratian, _Dist_., v, _c_. 4--Friedberg, i, p. 8, e.g., ... ita
+ut morte lex sacra feriat, si quis vir ad menstruam mulierem accedat.
+
+[385] Gratian, _Dist_., 31, _c_. 11--Friedberg, i, p. 114.
+
+[386] Gratian, _Causa_, 27, _Quaest_. 2, _c_. 18-22, and
+24-26--Friedberg i, pp. 1067-1070.
+
+[387] Gratian, _Dist_., 34, c. 4--Friedberg, i, p. 126. Id., _Causa_,
+29, _Quaest_. 1--Friedberg, i, p. 1092. Id., _Causa_, 29, _Quaest_. 2,
+c. 2.
+
+[388] Id., _Causa_, 29, _Quaest_. 2, c. 1 and 8.
+
+[389] "Divorce," by James Cardinal Gibbons, in the _Century_, May, 1909.
+
+[390] For this and what immediately follows see _Session_ 24 of the
+Council of Trent "On the Sacrament of Matrimony" and also the Catholic
+Encyclopedia under "Divorce."
+
+[391] Gratian, _Causa_ 28, _Quaest_. i, c. 5--Friedberg, i, pp.
+1080-1081. Licite dimittitur uxor que virum suum cogere querit ad malum.
+Idolatria, quam secuntur infideles, et quelibet noxia superstitio
+fornicatio est. Dominus autem permisit causa fornicationis uxorem
+dimitti. Sed quia dimisit et non iussit, dedit Apostolo locum monendi,
+ut qui voluerit non dimittat uxorem infidelem, quo sic fortassis possit
+fidelis fieri. Si infidelitas fornicatio est, et idolatria infidelitas,
+et avaritia idolatria, non est dubitandum et avaritiam fornicationem
+esse. Quis ergo iam quamlibet illicitam concupiscentiam potest recte a
+fornicationis genere separate, si avaritia fornicatio est?
+
+[392] Friedberg, ii, pp. 782 and 783: Quum enim secundum legitimas
+sanctiones, etc.
+
+Lea, in his _History of Confession and Indulgences_, ii, p. 87, quotes
+Zanchini, _Tract. de Haeret., cap. 33_, to the effect that goods of a
+heretic were confiscated and disabilities inflicted on two generations
+of descendants.
+
+
+
+
+CHAPTER VII
+
+HISTORY OF WOMEN'S RIGHTS IN ENGLAND
+
+
+Since I have now given a brief summary of the canon law, which until the
+Reformation marked the general principles that guided the laws of all
+Europe on the subject of women, I propose next to consider more
+particularly the history of women's rights in England; for the
+institutions of England, being the basis of our own, will necessarily be
+more pertinent to us than those of Continental countries, to which I
+shall not devote more than a passing comment here and there. My inquiry
+will naturally fall into certain well-defined parts. The status of the
+unmarried woman is different from that of her married sister and will,
+accordingly, demand separate consideration. The rights of women, again,
+are to be viewed both from the legal and the social standpoint. Their
+legal rights include those of a private nature, such as the disposal of
+property, and public rights, such as suffrage, sitting on a jury, or
+holding office. Under social rights are included the right to an
+education, to earn a living, and the like. Let us glance first at the
+history of the legal rights of single women.
+
+[Sidenote: Single women: Pollock and Maitland i, pp. 482-485.]
+
+From very early times the law has continued to put the single woman of
+mature age on practically a par with men so far as private single rights
+are concerned. She could hold land, make a will or contract, could sue
+and be sued, all of her own initiative; she needed no guardian. She
+could herself, if a widow, be guardian of her own children.
+
+[Sidenote: Pollock and Maitland, ii, 260-313. Blackstone, ii, ch. 13.]
+
+In the case of inheritance, however, women have to within extremely
+recent times been treated less generously than men. The male sex has
+been preferred in an inheritance; males excluded females of equal
+degree; or, in the words of Blackstone: "In collateral inheritances the
+male stock shall be preferred to the female; that is, kindred derived
+from the blood of the male ancestors, however remote, shall be admitted
+before those from the blood of the female, however near; unless where
+the lands have, in fact, descended from a female. Thus the relations on
+the father's side are admitted _in infinitum_ before those on the
+mother's side are admitted at all." Blackstone justly remarks that this
+harsh enactment of the laws of England was quite unknown to the Roman
+law "wherein brethren and sisters were allowed to succeed to equal
+portions of the inheritance." As an example, suppose we look for the
+heir of John Stiles, deceased. The order of succession would be:
+
+I. The eldest son, Matthew Stiles, or his issue.
+
+II. If his line is extinct, then Gilbert Stiles and the other sons,
+respectively, in order of birth, or their issue.
+
+III. In default of these, all the daughters together, Margarite and
+Charlotte Stiles, or their issue.
+
+IV. On the failure of the descendants of John Stiles himself, the issue
+of Geoffrey and Lucy Stiles, his parents, is called in, viz.: first,
+Francis Stiles, the eldest brother of the 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 always asserted
+special jurisdiction. By the middle of the twelfth century it was law in
+England that to it belonged this prerogative. The ecclesiastical court,
+for example, pronounced in a given case whether there had been a valid
+marriage or not; the temporal court took this decision as one of the
+bases for determining a matter of inheritance, whether a woman was
+entitled to dower, and the like. The general precepts laid down by canon
+law in the case of a wife have already been noted. These rules need now
+to be supplemented by an account of the position of women in marriage
+under the common law.
+
+Under the older common law the husband was very much lord of all he
+surveyed and even more. An old enactment thus describes a husband's
+duty[395]: "He shall treat and _govern_ the aforesaid A well and
+decently, and shall not inflict nor cause to be inflicted any injury
+upon the aforesaid A except in so far as he may lawfully and reasonably
+do so in accordance with _the right of a husband to correct and chastise
+his wife_." Blackstone, who wrote in 1763, has this to say on the
+husband's power to chastise his wife: "The husband also, by the old law,
+might give his wife moderate correction. For, as he is to answer for her
+misbehaviour, the law thought it reasonable to intrust him with this
+power of restraining her, by domestic chastisement, in the same
+moderation that a man is allowed to correct his apprentices or children,
+for whom the master or parent is also liable in some cases to answer.
+But this power of correction was confined within reasonable bounds, and
+the husband was prohibited from using any violence to his wife _aliter
+quam ad, virum, ex causa regiminis et castigationis uxoris suae, licite
+et rationabiliter pertinet_.[396] The civil law gave the husband the
+same, or a larger, authority over his wife; allowing him for some
+misdemeanours _flagellis et fustibus acriter verberare uxorem_ [to give
+his wife a severe beating with whips and clubs]; for others, only
+_modicam castigationem adhibere_ [to apply moderate correction]. But
+with us in the politer reign of Charles the Second, this power of
+correction began to be doubted; and a wife may now have security of the
+peace against her husband, or, in return, a husband against his wife.
+Yet the lower rank of people, who were always fond of the old common
+law, still claim and exert their ancient privilege; and the courts of
+law will still permit a husband to restrain a wife of her liberty, in
+case of any gross misbehaviour." Doubtless what Mr. Weller, Sr.,
+describes as the "amiable weakness" of wife-beating was not necessarily
+confined to the "lower rank." For instance, some of the courtly
+gentlemen of the reign of Queen Anne were probably not averse to
+exercising their old-time prerogative. Says Sir Richard Steele
+(_Spectator_, 479): "I can not deny but there are Perverse Jades that
+fall to Men's Lots, with whom it requires more than common Proficiency
+in Philosophy to be able to live. When these are joined to men of warm
+Spirits, without Temper or Learning, they are frequently corrected with
+Stripes; but one of our famous Lawyers is of opinion, That this ought to
+be used sparingly." The law was, indeed, even worse than might appear
+from the words of Blackstone. The wife who feared unreasonable violence
+could, to be sure, bind her husband to keep the peace; but she had no
+action against him. A husband who killed his wife was guilty of murder,
+but the wife who slew her husband was adjudged guilty of petty treason;
+and whereas the man would be merely drawn and hanged, the woman, until
+the reign of George III, was drawn and burnt alive.[397]
+
+The right of a husband to restrain a wife's liberty may not be said to
+have become completely obsolete until the case of _Reg. v. Jackson in
+1891_.[398] Wife-beating is still a flagrantly common offence in
+England.
+
+[Sidenote: Wife's property in marriage.]
+
+Turning now to the question of the wife's property in marriage, we shall
+be forced to believe that Blackstone was an optimist of unusual
+magnitude when he wrote that the female sex was "so great a favourite of
+the laws of England." Not to weary the reader by minute details, I
+cannot do better than give Messrs. Pollock and Maitland's excellent
+summary of the final shape taken by the common law--a glaring piece of
+injustice, worthy of careful reading, and in complete accord with
+Apostolic injunctions: "I. In the lands of which the wife is tenant in
+fee, whether they belonged to her at the date of the marriage or came to
+her during the marriage, the husband has an estate which will endure
+during the marriage, and this he can alienate without her concurrence.
+If a child is born of the marriage, thenceforth the husband as 'tenant
+by courtesy' has an estate which will endure for the whole of his life,
+and this he can alienate without the wife's concurrence. The husband by
+himself has no greater power of alienation than is here stated; he
+cannot confer an estate which will endure after the end of the marriage
+or (as the case may be) after his own death. The wife has during the
+marriage no power to alienate her land without her husband's
+concurrence. The only process by which the fee can be alienated is a
+_fine_ to which both husband and wife are parties and to which she gives
+her assent after a separate examination.
+
+"II. A widow is entitled to enjoy for her life under the name of dower
+one third of any land of which the husband was seised in fee at any time
+during the marriage. The result of this is that during the marriage the
+husband cannot alienate his own land so as to bar his wife's right of
+dower, unless this is done with her concurrence, and her concurrence is
+ineffectual unless the conveyance is made by _fine_." [This
+inconvenience for an unscrupulous husband was evaded in modern
+conveyancy by a device of extreme ingenuity finally perfected only in
+the eighteenth century. Professor James Bryce remarks (p. 820): "As this
+right (i.e., the right of dower) interfered with the husband's power of
+freely disposing of his own land, the lawyers at once set about to find
+means of evading it, and found these partly in legal processes by which
+the wife, her consent being ascertained by the courts, parted with her
+right, partly by an ingenious device whereby lands could be conveyed to
+a husband without the right of dower attaching to them, partly by giving
+the wife a so-called jointure which barred her claim."]
+
+"III. Our law institutes no community, even of movables, between husband
+and wife. Whatever movables the wife has at the date of the marriage
+become the husband's, and the husband is entitled to take possession of
+and thereby to make his own whatever movables she becomes entitled to
+during the marriage, and without her concurrence he can sue for all
+debts that are due her. On his death, however, she becomes entitled to
+all movables and debts that are outstanding, or (as the phrase goes)
+have not been 'reduced into possession.' What the husband gets
+possession of is simply his; he can freely dispose of it _inter vivos_
+or by will. In the main, for this purpose as for other purposes, a 'term
+of years' is treated as a chattel, but under an exceptional rule the
+husband, though he can alienate his wife's 'chattel real' _inter vivos_,
+cannot dispose of it by his will. If he has not alienated it _inter
+vivos_, it will be hers if she survives him. If he survives her, he is
+entitled to her 'chattels real' and is also entitled to be made the
+administrator of her estate. In that capacity he has a right to whatever
+movables or debts have not yet been 'reduced into possession' and, when
+the debts have been paid, he keeps these goods as his own. If she dies
+in his lifetime, she can have no other intestate successor. Without his
+consent she can make no will, and any consent that he may have given is
+revocable at any time before the will is proved.
+
+"IV. Our common law--but we have seen that this rule is not very
+old--assured no share of the husband's personality to the widow. He can,
+even by his will, give all of it away from her except her necessary
+clothes, and with that exception his creditors can take all of it. A
+further exception, of which there is not much to be read, is made of
+jewels, trinkets, and ornaments of the person, under the name of
+paraphernalia. The husband may sell or give these away in his lifetime,
+and even after his death they may be taken for his debts; but he cannot
+give them away by will. If the husband dies during the wife's life and
+dies intestate she is entitled to a third, or, if there be no living
+descendant of the husband, to one half of his personality [but see the
+note of Bryce, above]. But this is a case of pure intestate succession;
+she only has a share of what is left after payment of her husband's
+debts.
+
+"V. During the marriage the husband is in effect liable to the whole
+extent of his property for debts incurred or wrongs committed by his
+wife before the marriage, also for wrongs committed during the marriage.
+The action is against him and her as co-defendants. If the marriage is
+dissolved by his death, she is liable, his estate is not. If the
+marriage is dissolved by her death, he is liable as her administrator,
+but only to the extent of the property which he takes in that
+character." [Mr. Ashton, in his very interesting book, p. 31, quotes a
+peculiar note from a Parish Register in the reign of Queen Anne to this
+effect: "John Bridmore and Anne Sellwood, both of Chiltern all Saints,
+were married October 17, 1714. The aforesaid Anne Sellwood was married
+in her Smock, without any clothes or headgier on." "This is not
+uncommon," remarks Mr. Ashton, "the object being, according to a vulgar
+error, to exempt the husband from the payment of any debts his wife may
+have contracted in her ante-nuptial condition. This error seems to have
+been founded on a misconception of the law, as it is laid down 'the
+husband is liable for the wife's debts, because he acquires an absolute
+interest in the personal estate of his wife.' An unlearned person from
+this might conclude, and not unreasonably, that if his wife had no
+estate whatever he could not incur any liability."]
+
+"VI. During the marriage the wife cannot contract on her own behalf. She
+can contract as her husband's agent and has a certain power of pledging
+his credit in the purchase of necessaries. At the end of the Middle Ages
+it is very doubtful how far this power is to be explained by an 'implied
+agency.' The tendency of more recent times has been to allow her no
+power that cannot be thus explained, except in the exceptional case of
+desertion."
+
+A perusal of these laws shows that they are immensely inferior to the
+Roman law, which not only gave the wife full control of her property,
+but protected her from coercion and bullying on the part of the husband.
+The amendment of these injustices has been very recent indeed.
+Successive statutes in 1870, 1874, and 1882[399] finally abrogated the
+law which gave the husband full ownership of his wife's property by the
+mere act of marriage. Beginning with the year 1857, too, enlightenment
+in England had progressed to such a remarkable degree that certain acts
+were passed forbidding a husband to seize his wife's earnings and
+neglect her[400]; and she was actually allowed to keep her own wages
+after the desertion of her lord. Before that time he might desert his
+wife repeatedly, and return from time to time to take away her earnings
+and sell everything she had acquired. An act in 1886 (_49 and 50 Vict.,
+c. 52_) gave magistrates the power to order a husband to pay his wife a
+weekly sum, not exceeding two pounds, for her support and that of the
+children if it appeared to the magistrates that the deserting husband
+had the means of maintaining her, but was unwilling to do so. Still,
+the husband can at any time terminate his desertion and force his wife
+to take him back on penalty of losing all rights to such maintenance.
+There was frantic opposition to all of these revolutionary enactments
+and many prophets arose crying woe; but the acts finally passed and
+England still lives.
+
+[Sidenote: Divorce. Authorities as above; and Howard, ii, 3-117.]
+
+Until the Reformation divorce was regulated by the canon law in
+accordance with the principles which I have explained. After the
+Reformation the matter at once assumed a different aspect because all
+Protestants agreed in denying that marriage is a sacrament. Scotland in
+this as in other respects has been more liberal than England; as early
+as 1573 desertion as well as adultery had become grounds for divorce.
+But in England the force of the canon law continued. In Blackstone's day
+there were still, as under the canon law, only two kinds of separation.
+Complete dissolution of the marriage tie (_a vinculo matrimonii_) took
+place only on a declaration of the Ecclesiastical Court that on account
+of some canonical impediment, like consanguinity, the marriage was null
+and void from the beginning. Separation "from bed and board" (_a mensa
+et thoro_) simply gave the parties permission no longer to live together
+and was allowed for adultery or some other grave offences, like
+intolerable cruelty or a chronic disease. However, some time before
+Blackstone's day it had become the habit to get a dissolution of
+marriage _a vinculo matrimonii_ for adultery by Act of Parliament; but
+the legal process was so tedious, minute, and expensive that only the
+very rich could afford the luxury.[401] In the case of a separation _a
+mensa et thoro_ alimony was allowed the wife for her support out of her
+husband's estate at the discretion of the ecclesiastical judges.
+
+The initiative in divorce by Act of Parliament was usually taken by the
+husband; not until 1801 did a woman have the temerity so to assert her
+rights. The fact is, ever since the dawn of history society has, with
+its usual double standard of morality for men and women, insisted that
+while the husband must never tolerate infidelity on the part of the
+wife, the wife should bear with meekness the adulteries of her husband.
+Plutarch in his _Conjugal Precepts_ so advises a wife; and this pious
+frame of mind has continued down the centuries to the present day.
+Devout old Jeremy Taylor in his _Holy Living_--a book which is read by
+few, but praised by many--thus counsels the suffering wife[402]: "But
+if, after all the fair deportments and innocent chaste compliances, the
+husband be morose and ungentle, let the wife discourse thus: 'If, while
+I do my duty, my husband neglects me, what will he do if I neglect him?'
+And if she thinks to be separated by reason of her husband's unchaste
+life, let her consider that the man will be incurably ruined, and her
+rivals could wish nothing more than that they might possess him alone."
+Dr. Samuel Johnson ably seconded the holy Jeremy's advice by declaring
+that there is a boundless difference between the infidelity of the man
+and that of the woman. In the husband's case "the man imposes no
+bastards upon his wife." Therefore, "wise married women don't trouble
+themselves about infidelity in their husbands."[403] Until very recent
+times not only men but also women have been unanimous in counselling
+abject submission to and humble adoration of the husband. A single
+example out of hundreds will serve excellently as a pattern. In 1821 a
+"Lady of Distinction" writes to a "Relation Shortly after Her Marriage"
+as follows[404]: "The most perfect and implicit faith in the superiority
+of a husband's judgment, and the most absolute obedience to his desires,
+is not only the conduct that will insure the greatest success, but will
+give the most entire satisfaction. It will take from you a thousand
+cares, which would have answered to no purpose; it will relieve you from
+a weight of thought that would be very painful, and in no way
+profitable.... It has its origin in reason, in justice, in nature, and
+in the law of God.... I have told you how you may, and how people who
+are married do, get a likeness of countenance; and in that I have done
+it. You will understand me, that by often looking at your husband's
+face, by smiling on the occasions on which he does, by frowning on those
+things which make him frown, and by viewing all things in the light in
+which you perceive he does, you will acquire that likeness of
+countenance which it is an honour to possess, because it is a testimony
+of love.... When your temper and your thoughts are formed upon those of
+your husband, according to the plan which I have laid down, you will
+perceive that you have no will, no pleasure, but what is also his. This
+is the character the wife of prudence would be apt to assume; she would
+make herself the mirror, to show, unaltered, and without aggravation,
+diminution, or distortion, the thoughts, the sentiments, and the
+resolutions of her husband. She would have no particular design, no
+opinion, no thought, no passion, no approbation, no dislike, but what
+should be conformable to his own judgment ... I would have her judgment
+seem the reflecting mirror to his determination; and her form the shadow
+of his body, conforming itself to his several positions, and following
+it in all its movements ... I would not have you silent; nay, when
+trifles are the subject, talk as much as any of them; but distinguish
+when the discourse turns upon things of importance."
+
+It is not strange, therefore, that no woman protested publicly against
+a husband's infidelity until 1801. Up to 1840 there were but three cases
+of a woman's taking the initiative in divorce, namely, in 1801, 1831,
+and 1840; and in each case the man's adultery was aggravated by other
+offences. In two other suits the Lords rejected the petition of the
+wife, although the misconduct of the husband was clearly proved. But
+redress was still by the elaborate machinery of Act of Parliament and
+hence a luxury only for the wealthy until 1857, when a special Court for
+Divorce and Matrimonial Causes was established.[405] Nevertheless, the
+law as it stands to-day is not of a character to excite admiration or to
+prove the existence of the proverbial "British Fair Play." A husband can
+obtain a divorce upon proof of his wife's infidelity; but the wife can
+get it only by proving, in addition to the husband's adultery, either
+that it was aggravated by bigamy or incest or that it was accompanied by
+cruelty or by two years' desertion. Misconduct by the husband bars him
+from obtaining a divorce. The court is empowered to regulate at its
+discretion the property rights of divorced people and the custody of the
+children.[406] All attempts have failed to make the law recognise that
+the misconduct of the husband shall be regarded equally as culpable as
+the wife's.
+
+[Sidenote: Rape and the age of legal consent.]
+
+We may pause a moment to glance at the provisions made by the criminal
+law for protecting women. The offence that most closely touches women is
+rape. The punishment of this in Blackstone's day was death[407]; but in
+the next century the death penalty was repealed and transportation for
+life substituted.[408] The saddest blot on a presumably Christian
+civilisation connected with this matter is the so-called "age of legal
+consent." Under the older Common Law this was _ten_ or _twelve;_ in 1885
+it was _thirteen_, at which period a girl was supposed to be at an age
+to know what she was doing. But in the year 1885 Mr. Stead told the
+London public very plainly those hideous truths about crimes against
+young girls which everybody knew very well had been going on for
+centuries, but which no one ever before had dared to assert. The result
+was that Parliament raised the "age of legal consent" to sixteen, where
+it now stands.[409] The idea that any girl of this age is sufficiently
+mature to know what she is doing by consenting to the lust of scoundrels
+is a fine commentary on the acuteness of the legal intellect and the
+high moral convictions of legislators.
+
+[Sidenote: Women's rights to an education.]
+
+The rights of women to a higher education is distinctly a movement of
+the last half of the nineteenth century. It is true that throughout
+history there are many examples of remarkably well-educated women--Lady
+Jane Grey, for example, or Queen Elizabeth, or Olympia Morata, in Italy,
+she who in the golden period of the Renaissance became a professor at
+sixteen and wrote dialogues in Greek after the manner of Plato. But on
+looking closely into these instances we shall find first that these
+ladies were of noble rank and only thanks to their lofty position had
+access to knowledge; and secondly that they stand out as isolated
+cases--the great masses of women never dreamed beyond the traditional
+Kleider, Küche, Kinder, and Kirche. That an elementary education,
+consisting of reading, writing, and simple arithmetic, was offered them
+freely by hospital, monastery, and the like schools even as early as
+Chaucer--this we know; nevertheless, beyond that they were not supposed
+to aspire. So very recently, indeed, have women secured the rights to a
+higher education that many thousands to-day can easily recall the
+intensely bitter attacks which were directed against colleges like
+Wellesley and Bryn Mawr in their inception. Until the middle of the
+nineteenth century the whole education--what there was of it--of a girl
+was arranged primarily with a view to capture a husband and, once having
+him secure, to be his loving slave, to dwell with adoring rapture on his
+superior learning, and to be humbly grateful if her liege deigned from
+time to time to throw his spouse some scraps of knowledge which might be
+safely administered without danger of making her think for herself.
+These facts no one can well deny; but a few instances of prevalent
+opinion, in addition to those which I have already quoted, will afford
+the amusement of concrete examples.
+
+Mrs. Chapone, in the eighteenth century, advised her niece to avoid the
+study of classics and science lest she "excite envy in one sex and
+jealousy in the other." Lady Mary Wortley Montagu laments thus: "There
+is hardly a creature in the world more despicable and more liable to
+universal ridicule than a learned woman," and "folly is reckoned so much
+our proper sphere, we are sooner pardoned any excesses of that than the
+least pretensions to reading and good sense." Pursuant to the prevailing
+sentiment on the education of women, the subjects which they studied and
+the books which they were allowed to read were carefully regulated. As
+to their reading, it was confined to romantic tales whereof the
+exceeding insipidity could not awaken any symptom of intelligence. Lyly
+dedicated his _Euphues_ to the "Ladies and Gentlewomen of England" and
+Sidney's _Arcadia_ owed its vast success to its female readers.
+
+The subjects studied followed the orthodox views. Beginning with the
+reign of Queen Anne boarding-schools for girls became very numerous. At
+these schools "young Gentlewomen" were "soberly educated" and "taught
+all sorts of learning fit for young Gentlewomen." The "learning fit for
+young Gentlewomen" comprised "the Needle, Dancing, and the French
+tongue; a little Music on the Harpsichord or Spinet, to read, write, and
+cast accounts in a small way." Dancing was the all-important study,
+since this was the surest route to their Promised Land, matrimony. The
+study of French consisted in learning parrot-like a modicum of that
+language pronounced according to the fancy of the speaker. As, however,
+the young beau probably did not know any more himself, the end justified
+the means. Studies like history, when pursued, were taken in
+homoeopathic doses from small compendiums; and it was adequate to know
+that Charlemagne lived somewhere in Europe about a thousand or so years
+ago. Yet even this was rather advanced work and exposed the woman to be
+damned by the report that she was educated. Ability to cook was not
+despised and pastry schools were not uncommon. Thus in the time of
+Queen Anne appears this: "To all Young Ladies: at Edw. Kidder's Pastry
+School in little Lincoln's Inn Fields are taught all Sorts of Pastry and
+Cookery, Dutch hollow works, and Butter Works," etc.
+
+At last in the first decades of the nineteenth century the civilised
+world began slowly to take some thought of women's higher education and
+to wake up to the fact that because a certain system has been in vogue
+since created man does not necessarily mean that it is the right one; a
+very heretical and revolutionary idea, which has always been and still
+is ably opposed by that great host of people who have steadily
+maintained that when men and women once begin to think for themselves
+society must inevitably run to ruin. In 1843 there was established a
+certain Governesses' Benevolent Institution. This was in its inception a
+society to afford relief to governesses, i.e., women engaged in
+tutoring, who might be temporarily in straits, and to raise annuities
+for those who were past doing work. Obviously this would suggest the
+question of what a competent governess was; and this in turn led to the
+demand for a diploma as a warrant of efficiency. That called attention
+to the extreme ignorance of the members of the profession; and it was
+soon felt that classes of instruction were needed. A sum of money was
+accordingly collected in 1846 and given the Institution for that
+purpose. Some eminent professors of King's College volunteered to
+lecture; and so, on a small scale to be sure, began what is now Queen's
+College, the first college for women in England, incorporated by Royal
+Charter in 1853. In 1849 Bedford College for women had been founded in
+London through the unselfish labours of Mrs. Reid; but it did not
+receive its charter until 1869. Within a decade Cheltenham, Girton,
+Newnham, and other colleges for women had arisen. Eight of the ten men's
+universities of Great Britain now allow examinations and degrees to
+women also; Oxford and Cambridge do not.
+
+[Sidenote: Women in the professions.]
+
+Since then women's right to any higher education which they may wish to
+embrace has been permanently assured. As early as 1868 Edinburgh opened
+its courses in pharmacy to women. In 1895 there were already 264 duly
+qualified female physicians in Great Britain. In many schools they are
+allowed to study with men, as at the College of Physicians and Surgeons
+at Edinburgh; there are four medical schools for women only. We find
+women now actively engaged in agriculture, apiculture, poultry-keeping,
+horticulture; in library work and indexing; in stenography; in all
+trades and professions. The year 1893 witnessed the first appointment of
+women as factory inspectors, two being chosen that year in London and in
+Glasgow. Nottingham had chosen women as sanitary inspectors in 1892.
+Thus in about two decades woman has advanced farther than in the
+combined ages which preceded. Before these very modern movements we may
+say that the stage was the only profession which had offered them any
+opportunity of earning their living in a dignified way. It seems that a
+Mrs. Coleman, in 1656, was the first female to act on the stage in
+England; before that, all female parts had been taken by boys or young
+men. A Mrs. Sanderson played Desdemona in 1660 at the Clare Market
+Theatre. In 1661, as we may see from Pepys' _Diary_ (Feb. 12, 1661), an
+actress was still a novelty; but within a few decades there were already
+many famous ones.
+
+[Sidenote: Woman suffrage in England]
+
+We have seen that now woman has obtained practically all rights on a par
+with men. There are still grave injustices, as in divorce; but the
+battle is substantially won. One right still remains for her to win, the
+right, namely, to vote, not merely on issues such as education--this
+privilege she has had for some time--but on all political questions; and
+connected with this is the right to hold political office. We may
+fittingly close this chapter by a review of the history of the agitation
+for woman suffrage.
+
+In the year 1797 Charles Fox remarked: "It has never been suggested in
+all the theories and projects of the most absurd speculation, that it
+would be advisable to extend the elective suffrage to the female sex."
+Yet five years before Mary Wollstonecraft had published her _Vindication
+of the Rights of Women_. Presently the writings of Harriet Martineau
+upon political economy proved that women could really think on politics.
+
+We may say that the general public first began to think seriously on the
+matter after the epoch-making Reform Act of 1832. This celebrated
+measure admitted £10 householders to the right to vote and carefully
+excluded females; yet it marked a new era in the awakening of civic
+consciousness: women had taken active part in the attendant campaigns;
+and the very fact that "male persons" needed now to be so specifically
+designated in the bill, whereas hitherto "persons" and "freeholders" had
+been deemed sufficient, attests the recognition of a new factor in
+political life.
+
+In 1865 John Stuart Mill was elected to Parliament. That able thinker
+had written on _The Subjection of Women_ and was ready to champion their
+rights. A petition was prepared under the direction of women like Mrs.
+Bodichon and Miss Davies; and in 1867 Mill proposed in Parliament that
+the word _man_ be omitted from the People's Bill and _person_
+substituted. The amendment was rejected, 196 to 83.
+
+Nevertheless, the agitation was continued. The next year constitutional
+lawyers like Mr. Chisholm Anstey decided that women might be legally
+entitled to vote; and 5000 of them applied to be registered. In a test
+case brought before the Court of Common Pleas the verdict was adverse,
+on the ground that it was contrary to usage for women to vote. The
+fight went on. Mr. Jacob Bright in 1870 introduced a "Bill to Remove the
+Electoral Disabilities of Women" and lost. In 1884 Mr. William Woodall
+tried again; he lost also, largely through the efforts of Gladstone; and
+the same statesman was instrumental in killing another bill in 1892,
+when Mr. A.J. Balfour urged its passage.
+
+At the present day women in England cannot vote on great questions of
+universal state policy nor can they hold great offices of state. Yet
+their gains have been enormous, as I shall next demonstrate; and in this
+connection I shall also glance briefly at their vast strides in the
+colonies.
+
+In 1850 Ontario gave all women school suffrage. In 1867 New South Wales
+gave them municipal suffrage. In 1869 England granted municipal suffrage
+to single women and widows; Victoria gave it to all women, married or
+single. In England in 1870 the Education Act, by which school boards
+were created, gave women the same rights as men, both as regards
+electing and being elected. In 1871 West Australia gave them municipal
+suffrage; in 1878 New Zealand gave school suffrage. In 1880 South
+Australia gave municipal suffrage. In 1881 widows and single women
+obtained municipal suffrage in Scotland and Parliamentary suffrage on
+the Isle of Man. Municipal suffrage was given by Ontario and Tasmania in
+1884 and by New Zealand and New Brunswick in 1886; by Nova Scotia and
+Manitoba in 1887. In 1888 England gave women county suffrage and British
+Columbia and the North-West Territory gave them municipal suffrage. In
+1889 county suffrage was given the women of Scotland and municipal
+suffrage to single women and widows in the Province of Quebec. In 1893
+New Zealand gave full suffrage. In 1894 parish and district suffrage was
+given in England to women married and single, with power to elect and to
+be elected to parish and district councils. In 1895 South Australia gave
+full state suffrage to all women. In 1898 the women of Ireland were
+given the right to vote for all officers except members of Parliament.
+In 1900 West Australia granted full state suffrage to all. In 1902 full
+national suffrage was given all the women in federated Australia and
+full state suffrage to those of New South Wales. In 1903 Tasmania gave
+full state suffrage; in 1905 Queensland did the same; in 1908 Victoria
+followed. In 1907 England made women eligible as mayors, aldermen, and
+county and town councillors. In London, for example, at the present time
+women can vote for the 28 borough councils and 31 boards of guardians of
+the London City Council; they can also be themselves elected to these;
+be members of the central unemployed body or of the 23 district
+committees, and can be co-opted to all other bodies, like the local
+pension committees. Women can be aldermen of the Council; and there is
+nothing to prevent one from holding even the office of chairman.
+
+At the present moment the cause of woman suffrage in England is being
+furthered chiefly by two organizations which differ in methods. The
+National Union of Women's Suffrage Societies has adopted the
+"constitutional" or peaceful policy; but the National Women's Social and
+Political Union is "militant" and coercive.
+
+SOURCES
+
+I. The English Statutes. Published by Authority during the Various
+Reigns.
+
+II. Studies in History and Jurisprudence: by James Bryce. Oxford
+University Press, 1901. Pages 782-859 on "Marriage and Divorce."
+
+III. History of English Law: by Frederick Pollock and Frederic Maitland.
+2 vols. Cambridge University Press, 1898--second edition.
+
+IV. Commentaries on the Laws of England: by Sir William Blackstone. With
+notes selected from the editions of Archbold, Christian, Coleridge,
+etc., and additional notes by George Sharswood, of the University of
+Pennsylvania. 2 vols. Philadelphia, 1860--Childs and Peterson, 602 Arch
+Street.
+
+V. A History of Matrimonial Institutions, chiefly in England and the
+United States: by George Elliott Howard. 4 vols. The University of
+Chicago Press, 1904.
+
+VI. Social England: edited by H.D. Traill. 6 vols. G.P. Putnam's Sons,
+1901.
+
+VII. Social Life in the Reign of Queen Anne, taken from original
+sources: by John Ashton. London, Chatto and Windus, 1897.
+
+VIII. The Renaissance of Girls' Education in England: by Alice Zimmern.
+London, A.D. Innes and Co., 1898.
+
+IX. Progress in Women's Education in the British Empire: edited by the
+Countess of Warwick. Being the Report of the Education Section,
+Victorian Era Exhibition, 1897. Longmans, Green, & Co., 1898.
+
+X. Current Literature from the Earliest Times to the Present Day,
+references to which are noted as they occur.
+
+NOTES:
+
+[393] If a woman sentenced to execution declared she was pregnant, a
+jury of twelve matrons could be appointed on a writ _de venire
+inspiciendo_ to determine the truth of the matter; for she could not be
+executed if the infant was alive in the womb. The same jury determined
+the case of a widow who feigned herself with child in order to exclude
+the next heir and when she was suspected of trying to palm off a
+supposititious birth. But from all other jury duties women have always
+been excluded "on account of the weakness of the sex"--_propter defectum
+sexus_.
+
+[394] Blackstone, i, ch. 16.
+
+[395] Reg. Brev. Orig., f. 89: quod ipse praefatam A bene et honeste
+tractabit et gubernabit, ac damnum vel malum aliquod eidem A de corpore
+suo, aliter quam ad virum suum ex causa regiminis et castigationis
+uxoris suae licite et rationabiliter pertinet, non faciet nec fieri
+procurabit.
+
+[396] "Except in so far as he may lawfully and reasonably do so in order
+to correct and chastise his wife."
+
+[397] The learned commentator Christian adds a few more cases where
+formerly the criminal law was harshly prejudiced against women. Thus:
+"By the Common Law, all women were denied the benefit of clergy; and
+till the 3 and 4 _W. and M_., c. 9 [William and Mary] they received
+sentence of death and might have been executed for the first offence in
+simple larceny, bigamy, manslaughter, etc., however learned they were,
+merely because their sex precluded the possibility of their taking holy
+orders; though a man who could read was for the same crime subject only
+to burning in the hand and a few months' imprisonment."
+
+[398] I Q.B. p. 671--in the Court of Appeal.
+
+[399] _Married Women's Property Act_, 45 and 46 V., c. 75--Aug. 18,
+1882.
+
+[400] Note this incident, from the _Westminister Review_, October, 1856:
+"A lady whose husband had been unsuccessful in business established
+herself as a milliner in Manchester. After some years of toil she
+realised sufficient for the family to live upon comfortably, the husband
+having done nothing meanwhile. They lived for a time in easy
+circumstances after she gave up business and then the husband died,
+_bequeathing all his wife's earnings to his own illegitimate children_.
+At the age of 62 she was compelled, in order to gain her bread, to
+return to business."
+
+[401] For a full account of the elaborate machinery see Chitty's note to
+Blackstone, vol. i, p. 441, of Sharswood's edition.
+
+[402] _Holy Living, ch. 3, section I: Rules for Married Persons._
+
+[403] Boswell, vii, 288. Perhaps if the venerable Samuel had had the
+statistics of venereal disease given by adulterous husbands to wives and
+children he might not have been so sure of his contention.
+
+[404] Quoted by Professor Thomas in the _American Magazine_, July, 1909.
+
+[405] See 20 and 21 V., c. 85--Aug. 28. 1857.
+
+[406] See 7 Edw., c. 12--Aug. 9, 1907--Matrimonial Causes Act, which
+also gives the court discretion in alimony.
+
+[407] Blackstone, iv, ch. 15.
+
+[408] 4 _and_ 5 _V., c._ 56, _s._ 3.
+
+[409] The Criminal Law Amendment Act, 1885, 48 _and_ 49 _V. c._ 69,
+section 5: "Any person who (1) unlawfully and carnally knows or attempts
+to have unlawful carnal knowledge of any girl being of or above the age
+of thirteen years and under the age of sixteen, or (2) unlawfully and
+carnally knows or attempts to have carnal knowledge of any female idiot
+or imbecile woman or girl under circumstances which do not amount to
+rape, but which prove that the offender knew at the time of the
+commission of the offence that the woman or girl was an idiot or
+imbecile, shall be guilty of a misdemeanour, and being convicted thereof
+shall be liable at the discretion of the Court to be imprisoned for any
+term not exceeding two years, with or without hard labour." Section 4:
+"Any one who unlawfully and carnally knows any girl under the age of
+thirteen shall be guilty of felony, and being convicted thereof shall be
+liable to be kept in penal servitude for life." Any one who merely
+attempts it can be imprisoned for any term not exceeding two years, with
+or without hard labour.
+
+
+
+
+CHAPTER VIII
+
+WOMEN'S RIGHTS IN THE UNITED STATES
+
+
+It has been my aim, in this short history of the growth of women's
+rights, to depict for the most part the strictly legal aspect of the
+matter; but from time to time I have interposed some typical
+illustration of public opinion, in order to bring into greater
+prominence the ferment that was going on or the misery which existed
+behind the scenes. A history of legal processes might otherwise, from
+the coldness of the laws, give few hints of the conflicts of human
+passion which combined to set those processes in motion. Before I
+present the history of the progress of women's rights in the United
+States, I shall place before the reader some extracts which are typical
+and truly representative of the opposition which from the beginning of
+the agitation to the present day has voiced itself in all ranks of life.
+Let the reader bear carefully in mind that from 1837 to the beginning of
+the twentieth century such abuse as that which I shall quote as typical
+was hurled from ten thousand throats of men and women unceasingly; that
+Mrs. Stanton, Miss Anthony, and Mrs. Gage were hissed, insulted, and
+offered physical violence by mobs in New York[410] and Boston to an
+extent inconceivable in this age; and that the marvellously unselfish
+labour of such women as these whom I have mentioned and of men like
+Wendell Phillips is alone responsible for the improvement in the legal
+status of women, which I propose to trace in detail. Some expressions of
+the popular attitude follow:
+
+[Sidenote: Examples of opposition to women's rights.]
+
+From a speech of the Rev. Knox-Little at the Church of St. Clements in
+Philadelphia in 1880: "God made himself to be born of a woman to
+sanctify the virtue of endurance; loving submission is an attribute of a
+woman; men are logical, but women, lacking this quality, have an
+intricacy of thought. There are those who think women can be taught
+logic; this is a mistake. They can never by any power of education
+arrive at the same mental status as that enjoyed by men, but they have a
+quickness of apprehension, which is usually called leaping at
+conclusions, that is astonishing. There, then, we have distinctive
+traits of a woman, namely, endurance, loving submission, and quickness
+of apprehension. Wifehood is the crowning glory of a woman. In it she is
+bound for all time. To her husband she owes the duty of unqualified
+obedience. There is no crime which a man can commit which justifies his
+wife in leaving him or applying for that monstrous thing, divorce. It
+is her duty to subject herself to him always, and no crime that he can
+commit can justify her lack of obedience. If he be a bad or wicked man,
+she may gently remonstrate with him, but refuse him never. Let divorce
+be anathema; curse it; curse this accursed thing, divorce; curse it,
+curse it! Think of the blessedness of having children. I am the father
+of many children and there have been those who have ventured to pity me.
+'Keep your pity for yourself,' I have replied, 'they never cost me a
+single pang.' In this matter let woman exercise that endurance and
+loving submission which, with intricacy of thought, are their only
+characteristics."
+
+From the Philadelphia _Public Ledger and Daily Transcript_, July 20,
+1848: "Our Philadelphia ladies not only possess beauty, but they are
+celebrated for discretion, modesty, and unfeigned diffidence, as well as
+wit, vivacity, and good nature. Who ever heard of a Philadelphia lady
+setting up for a reformer or standing out for woman's rights, or
+assisting to _man_ the election grounds [_sic_], raise a regiment,
+command a legion, or address a jury? Our ladies glow with a higher
+ambition. They soar to rule the hearts of their worshippers, and secure
+obedience by the sceptre of affection.... But all women are not as
+reasonable as ours of Philadelphia. The Boston ladies contend for the
+rights of women. The New York girls aspire to mount the rostrum, to do
+all the voting, and, we suppose, all the fighting, too.... Our
+Philadelphia girls object to fighting and holding office. They prefer
+the baby-jumper to the study of Coke and Lyttleton, and the ball-room to
+the Palo Alto battle. They object to having a George Sand for President
+of the United States; a Corinna for Governor; a Fanny Wright for Mayor;
+or a Mrs. Partington for Postmaster.... Women have enough influence over
+human affairs without being politicians.... A woman is nobody. A wife is
+everything. A pretty girl is equal to ten thousand men, and a mother is,
+next to God, all powerful.... The ladies of Philadelphia, therefore,
+under the influence of the most 'sober second thoughts' are resolved to
+maintain their rights as Wives, Belles, Virgins, and Mothers, and not as
+Women."
+
+From the "Editor's Table" of _Harper's New Monthly Magazine_, November,
+1853: "Woman's Rights, or the movement that goes under that name, may
+seem to some too trifling in itself and too much connected with
+ludicrous associations to be made the subject of serious arguments. If
+nothing else, however, should give it consequence, it would demand our
+earnest attention from its intimate connection with all the radical and
+infidel movements of the day. A strange affinity seems to bind them all
+together.... But not to dwell on this remarkable connection--the claim
+of 'woman's rights' presents not only the common radical notion which
+underlies the whole class, but also a peculiar enormity of its own; in
+some respects more boldly infidel, or defiant both of nature and
+revelation, than that which characterises any kindred measure. It is
+avowedly opposed to the most time-honoured proprieties of social life;
+it is opposed to nature; it is opposed to revelation.... This unblushing
+female Socialism defies alike apostles and prophets. In this respect no
+kindred movement is so decidedly infidel, so rancorously and avowedly
+anti-biblical.
+
+"It is equally opposed to nature and the established order of society
+founded upon it. We do not intend to go into any physiological argument.
+There is one broad striking fact in the constitution of the human
+species which ought to set the question at rest for ever. This is the
+fact of maternity.... From this there arise, in the first place,
+physical impediments which, during the best part of the female life, are
+absolutely insurmountable, except at a sacrifice of almost everything
+that distinguishes the civilized human from the animal, or beastly, and
+savage state. As a secondary, yet inevitably resulting consequence,
+there come domestic and social hindrances which still more completely
+draw the line between the male and female duties.... Every attempt to
+break through them, therefore, must be pronounced as unnatural as it is
+irreligious and profane.... The most serious importance of this modern
+'woman's rights' doctrine is derived from its direct bearing upon the
+marriage institution. The blindest must see that such a change as is
+proposed in the relations and life of the sexes cannot leave either
+marriage or the family in their present state. It must vitally affect,
+and in time wholly sever, that oneness which has ever been at the
+foundation of the marriage idea, from the primitive declaration in
+Genesis to the latest decision of the common law. This idea gone--and it
+is totally at war with the modern theory of 'woman's rights'--marriage
+is reduced to the nature of a contract simply.... That which has no
+higher sanction than the will of the contracting parties, must, of
+course, be at any time revocable by the same authority that first
+created it. That which makes no change in the personal relations, the
+personal rights, the personal duties, is not the holy marriage _union_,
+but the unholy _alliance_ of concubinage."
+
+In a speech of Senator George G. Vest, of Missouri, in the United States
+Senate, January 25, 1887, these: "I now propose to read from a pamphlet
+sent to me by a lady.... She says to her own sex: 'After all, men work
+for women; or, if they think they do not, it would leave them but sorry
+satisfaction to abandon them to such existence as they could arrange
+without us.'
+
+"Oh, how true that is, how true!"
+
+In 1890 a bill was introduced in the New York Senate to lower the "age
+of consent"--the age at which a girl may legally consent to sexual
+intercourse--from 16 to 14. It failed. In 1892 the brothel keepers tried
+again in the Assembly. The bill was about to be carried by universal
+consent when the chairman of the Judiciary Committee, feeling the
+importance of the measure, called for the individual yeas and nays, in
+order that the constituents of the representatives might know how their
+legislators voted. The bill thereupon collapsed. In 1889 a motion was
+made in the Kansas Senate to lower the age of consent from 18 to _12_.
+But the public heard of it; protests flowed in; and under the pressure
+of these the law was allowed to remain as it was.
+
+Such are some typical examples of the warfare of the opposition to all
+that pertains to advancing the status of women. As I review the progress
+of their rights, let the reader recollect that this opposition was
+always present, violent, loud, and often scurrilous.
+
+In tracing the history of women's rights in the United States my plan
+will be this: I shall first give a general review of the various
+movements connected with the subject; and I shall then lay before the
+reader a series of tables, wherein may be seen at a glance the status of
+women to-day in the various States.
+
+[Sidenote: Single women.]
+
+[Sidenote: History of agitation for women's rights.]
+
+In our country, as in England, single women have at all times had
+practically the same legal rights as men; but by no means the same
+political, social, educational, or professional privileges; as will
+appear more conclusively later on.
+
+We may say that the history of the agitation for women's rights began
+with the visit of Frances Wright to the United States in 1820. Frances
+Wright was a Scotchwoman, born at Dundee in 1797, and early exhibited a
+keen intellect on all the subjects which concern political and social
+reform. For several years after 1820 she resided here and strove to make
+men and women think anew on old traditional beliefs--more particularly
+on theology, slavery, and the social degradation of women. The venomous
+denunciations of press and pulpit attested the success of her efforts.
+In 1832 Lydia Maria Child published her _History of Woman_, a résumé of
+the status of women; and this was followed by numerous works and
+articles, such as Margaret Fuller's, _The Great Lawsuit, or Man vs.
+Woman: Woman vs. Man_, and Eliza Farnham's _Woman and her Era_. Various
+women lectured; such as Ernestine L. Rose--a Polish woman, banished for
+asserting her liberty. The question of women's rights received a
+powerful impetus at this period from the vast number of women who were
+engaged in the anti-slavery agitation. Any research into the validity of
+slavery perforce led the investigators to inquire into the justice of
+the enforced status of women; and the two causes were early united.
+Women like Angelina and Sarah Grimké and Lucretia Mott were pioneers in
+numerous anti-slavery conventions. But as soon as they dared to address
+meetings in which men were present, a tempest was precipitated; and in
+1840, at the annual meeting of the Anti-Slavery Association, the men
+refused to serve on any committee in which any woman had a part;
+although it had been largely the contributions of women which were
+sustaining the cause. Affairs reached a climax in London, in 1840, at
+the World's Anti-Slavery Convention. Delegates from all anti-slavery
+organisations were invited to take part; and several American societies
+sent women to represent them. These ladies were promptly denied any
+share in the proceedings by the English members, thanks mainly to the
+opposition of the clergy, who recollected with pious satisfaction that
+St. Paul permitted not a woman to teach. Thereupon Lucretia Mott and
+Elizabeth Cady Stanton determined to hold a women's rights convention as
+soon as they returned to America; and thus a World's Anti-Slavery
+Convention begat an issue equally large.
+
+Accordingly, the first Women's Rights Convention was held at Seneca
+Falls, New York, July 19-20, 1848. It was organised by _divorced wives,
+childless women, and sour old maids_, the gallant newspapers declared;
+that is, by Mrs. Elizabeth Cady Stanton, Mrs. Lucretia Mott, Mrs.
+McClintock, and other fearless women, who not only lived the purest and
+most unselfish of domestic lives, but brought up many children besides.
+Great crowds attended. A _Declaration of Sentiments_ was moved and
+adopted; and as this exhibits the temper of the convention and
+illustrates the then prevailing status of women very clearly, I shall
+quote it:
+
+DECLARATION OF SENTIMENTS
+
+"When, in the course of human events, it becomes necessary for one
+portion of the family of man to assume among the people of the earth a
+position different from that which they have hitherto occupied, but one
+to which the laws of nature and of nature's God entitle them, a decent
+respect to the opinions of mankind requires that they should declare the
+causes which impel them to such a course.
+
+"We hold these truths to be self-evident: that all men and women are
+created equal; that they are endowed by their Creator with certain
+inalienable rights; that among these are life, liberty, and the pursuit
+of happiness; that to secure these rights governments are instituted,
+deriving their just powers from the consent of the governed. Whenever
+any form of government becomes destructive of those ends, it is the
+right of those who suffer from it to refuse allegiance to it, and to
+insist upon the institution of a new government, laying its foundation
+on such principles, and organising its powers in such form, as to them
+shall seem most likely to effect their safety and happiness. Prudence,
+indeed, will dictate that governments long established should not be
+changed for light or transient causes; and accordingly all experience
+hath shown that mankind are more disposed to suffer, while evils are
+sufferable, than to right themselves by abolishing the forms to which
+they were accustomed. But when a long train of abuses and usurpations,
+pursuing invariably the same object, evinces a design to reduce them
+under absolute despotism, it is their duty to throw off such government,
+and to provide new guards for their future security. Such has been the
+patient sufferance of the women under this government, and such is now
+the necessity which constrains them to demand the equal station to which
+they are entitled.
+
+"The history of mankind is a history of repeated injuries and
+usurpations on the part of man toward woman, having in direct object the
+establishment of an absolute tyranny over her. To prove this, let facts
+be submitted to a candid world.
+
+"He has never permitted her to exercise her inalienable right to the
+elective franchise.
+
+"He has compelled her to submit to laws, in the formation of which she
+had no voice.
+
+"He has withheld from her rights which are given to the most ignorant
+and degraded men--both natives and foreigners.
+
+"Having deprived her of this first right of a citizen, the elective
+franchise, thereby leaving her without representation in the halls of
+legislation, he has oppressed her on all sides.
+
+"He has made her, if married, in the eye of the law, civilly dead.
+
+"He has taken from her all right in property, even to the wages she
+earns.
+
+"He has made her, morally, an irresponsible being, as she can commit
+many crimes with impunity, provided they be done in the presence of her
+husband. In the covenant of marriage, she is compelled to promise
+obedience to her husband, he becoming, to all intents and purposes, her
+master--the law giving him power to deprive her of her liberty, and to
+administer chastisement.
+
+"He has so framed the laws of divorce, as to what shall be the proper
+causes, and, in case of separation, to whom the guardianship of the
+children shall be given, as to be wholly regardless of the happiness of
+women--the law in all cases going upon a false supposition of the
+supremacy of man, and giving all power into his hands.
+
+"After depriving her of all rights as a married woman, if single, and
+the owner of property, he has taxed her to support a government which
+recognises her only when her property can be made profitable to it.
+
+"He has monopolised nearly all the profitable employments, and from
+those she is permitted to follow she receives but a scanty remuneration.
+He closes against her all the avenues of wealth and distinction which he
+considers most honourable to himself. As a teacher of theology,
+medicine, or law, she is not known.
+
+"He has denied her the facilities for obtaining a thorough education,
+all colleges being closed against her.
+
+"He allows her in church, as well as state, but a subordinate position,
+claiming Apostolic authority for her exclusion from the ministry, and,
+with some exceptions, from any public participation in the affairs of
+the church.
+
+"He has created a false public sentiment by giving to the world a
+different code of morals for men and women, by which moral delinquencies
+which exclude women from society are not only tolerated, but deemed of
+little account in man.
+
+"He has usurped the prerogative of Jehovah himself, claiming it as his
+right to assign for her a sphere of action, when that belongs to her
+conscience and to her God.
+
+"He has endeavoured, in every way that he could, to destroy her
+confidence in her own powers, to lessen her self-respect, and to make
+her willing to lead a dependent and abject life.
+
+"Now, in view of this entire disfranchisement of one half the people of
+this country, their social and religious degradation; in view of the
+unjust laws above mentioned, and because women do feel themselves
+aggrieved, oppressed, and fraudulently deprived of their most sacred
+rights, we insist that they have immediate admission to all the rights
+and privileges which belong to them as citizens of the United States.
+
+"In entering upon the great work before us, we anticipate no small
+amount of misconception, misrepresentation, and ridicule; but we shall
+use every instrumentality within our power to effect our object. We
+shall employ agents, circulate tracts, petition the State and National
+legislatures, and endeavour to enlist the pulpit and press in our
+behalf. We hope this Convention will be followed by a series of
+Conventions embracing every part of the country."
+
+Such was the defiance of the Women's Rights Convention in 1848; other
+conventions were held, as at Rochester, in 1853, and at Albany in 1854;
+the movement extended quickly to other States and touched the quick of
+public opinion. It bore its first good fruits in New York in 1848, when
+the Property Bill was passed. This law, amended in 1860, and entitled
+"An Act Concerning the Rights and Liabilities of Husband and Wife"
+(March 20, 1860), emancipated completely the wife, gave her full control
+of her own property, allowed her to engage in all civil contracts or
+business on her own responsibility, rendered her joint guardian of her
+children with her husband, and granted both husband and wife a one-third
+share of one another's property in case of the decease of either
+partner.
+
+Thus New York became the pioneer. The movement spread, as I have
+mentioned, with amazing rapidity; but it was not so uniformly
+successful. Conventions were held, for example, in Ohio, at Salem,
+April 19-20, 1850; at Akron, May 28-29, 1851; at Massillon on May 27,
+1852. Nevertheless, in 1857, the Legislature of Ohio passed a bill
+enacting that no married man should dispose of any personal property
+without having first obtained the consent of his wife; the wife was
+empowered, in case of a violation of this law, to commence a civil suit
+in her own name for the recovery of the property; and any married woman
+whose husband deserted her or neglected to provide for his family was to
+be entitled to his wages and to those of her minor children. A bill to
+extend suffrage to women was defeated, by a vote of 44 to 44; the
+petition praying for its enactment had received 10,000 signatures.
+
+The course of events as it has been described in New York and Ohio, is
+practically the same in the case of the other States. The Civil War
+relegated these issues to a secondary place; but during that momentous
+conflict the heroism of Clara Barton on the battlefield and of thousands
+of women like her paved the way for a reassertion of the rights of woman
+in the light of her unquestioned exertions and unselfish labours for her
+country in its crisis. After the war, attention began to be concentrated
+more on the right to _vote_. By the Fourteenth Amendment the franchise
+was at once given to negroes; but the insertion of the word _male_
+effectually barred any national recognition of woman's right to vote. A
+vigorous effort was made by the suffrage leaders to have _male_
+stricken from the amendment; but the effort was futile. Legislators
+thought that the black man's vote ought to be secured first; as the _New
+York Tribune_ (Dec. 12, 1866) puts it snugly: "We want to see the ballot
+put in the hands of the black without one day's delay added to the long
+postponement of his just claim. When that is done, we shall be ready to
+take up the next question" (i.e., woman's rights).
+
+The first Women's Rights Convention after the Civil War had been held in
+New York City, May 10, 1866, and had presented an address to Congress.
+Such was the dauntless courage of the leaders, that Mrs. Stanton offered
+herself as a candidate for Congress at the November elections, in order
+to test the constitutional rights of a woman to run for office. She
+received twenty-four votes.
+
+Six years later, on November I, 1872, Miss Susan B. Anthony did a far
+more Audacious thing. She went to the polls and asked to be registered.
+The two Republican members of the board were won over by her exposition
+of the Fourteenth Amendment and agreed to receive her name, against the
+advice of their Democratic colleague and a United States supervisor.
+Following Miss Anthony's example, some fifty other women of Rochester
+registered. Fourteen voted and were at once arrested under the
+enforcement act of Congress of May 31, 1870 (_section_ 19). The case of
+Miss Anthony was argued, ably by her attorney; but she was adjudged
+guilty. A _nolle prosequi_ was entered for the women who voted with her.
+
+Immediately after the decision in her case, the inspectors who had
+registered the women were put on trial because they "did knowingly and
+willfully register as a voter of said District one Susan B. Anthony,
+she, said Susan B. Anthony, then and there not being entitled to be
+registered as a voter of said District in that she, said Susan B.
+Anthony, was then and there a person of the female sex, contrary to the
+form of the statute of the United States of America in such case made
+and provided, and against the peace of the United States of America and
+their dignity." The defendants were ordered to pay each a fine of
+twenty-five dollars and the costs of the prosecution; but the sentence
+was revoked and an unconditional pardon given them by President Grant,
+in an order dated March 3, 1874. Miss Anthony was forced to pay her
+fine, in spite of an appeal to Congress.
+
+Such were the stirring times when the agitation for women's rights was
+first brought to the fore as a national issue. Within a few years,
+various States, like New York and Kansas, put the question of equal
+suffrage for women before its voters; they in general rejected the
+measure. At present there are four States which give women complete
+suffrage and right to vote on all questions with the same privileges as
+men, viz., Wyoming (1869), Colorado (1893), Utah (1896), and Idaho
+(1896). In 1838 Kentucky gave school suffrage to widows with children
+of school age; in 1861 Kansas gave it to all women. School suffrage was
+granted all women in 1875 by Michigan and Minnesota, in 1876 by
+Colorado, in 1878 by New Hampshire and Oregon, in 1879 by Massachusetts,
+in 1880 by New York and Vermont, in 1883 by Nebraska, in 1887 by North
+and South Dakota, Montana, Arizona, and New Jersey. Kansas gave
+municipal suffrage in 1887; and Montana gave tax-paying women the right
+to vote upon all questions submitted to the tax-payers. In 1891 Illinois
+granted school suffrage, as did Connecticut in 1893. Iowa gave bond
+suffrage in 1894. In 1898 Minnesota gave women the right to vote for
+library trustees, Delaware gave school suffrage to tax-paying women, and
+Louisiana gave tax-paying women the right to vote upon all questions
+submitted to the tax-payers. Wisconsin gave school suffrage in 1900. In
+1901 New York gave tax-paying women in all towns and villages of the
+State the right to vote on questions of local taxation; and the Kansas
+Legislature voted down almost unanimously a proposal to repeal municipal
+suffrage. In 1903 Kansas gave bond suffrage; and in 1907 the new State
+of Oklahoma continued school suffrage. In 1908 Michigan gave all women
+who pay taxes the right to vote upon questions of local taxation and the
+granting of franchises.
+
+The history of the "age of legal consent" has an importance which
+through prudery and a wilful ignorance of facts the public has never
+fully realised. I shall have considerable to say of it later. It will
+suffice for the moment to remark that until the decade preceding 1898
+the old Common Law period of ten, sometimes twelve, years was the basis
+of "age of consent" legislation in most States and in the Territories
+under the jurisdiction of the national government. In 1885 the age in
+Delaware was _seven_.
+
+[Sidenote: Age of Legal consent.]
+
+[Sidenote: The beginnings of higher education for women.]
+
+The Puritans, burning with an unquenchable zeal for liberty, fled to
+America in order to build a land of freedom and strike off the
+shackles of despotism. After they were comfortably settled, they
+forthwith proceeded, with fine humour, to expel mistress Anne Hutchinson
+for venturing to speak in public, to hang superfluous old women for
+being witches, and to refuse women the right to an education. In 1684,
+when a question arose about admitting girls to the Hopkins School of New
+Haven, it was decided that "all girls be excluded as improper and
+inconsistent with such a grammar school as ye law enjoins and as in the
+Designs of this settlement." "But," remarks Professor Thomas, "certain
+small girls whose manners seem to have been neglected and who had the
+natural curiosity of their sex, sat on the schoolhouse steps and heard
+the boys recite, or learned to read and construe sentences from their
+brothers at home, and were occasionally admitted to school."
+
+In the course of the next century the world moved a little; and in
+1789, when the public school system was established in Boston, girls
+were admitted from April to October; but until 1825 they were allowed to
+attend primary schools only. In 1790 Gloucester voted that "two hours,
+or a proportional part of that time, be devoted to the instruction of
+females." In 1793 Plymouth accorded girls one hour of instruction daily.
+
+The first female seminary in the United States was opened by the
+Moravians in Bethlehem, Pennsylvania, in 1749. It was unique. In 1803,
+of 48 academies or higher schools fitting for college in Massachusetts,
+only three were for girls, although a few others admitted both boys and
+girls.
+
+The first instance of government aid for the systematic education of
+women occurred in New York, in 1819. This was due to the influence of a
+remarkable woman. Mrs. Emma Willard had begun teaching in Connecticut
+and by extraordinary diligence mastered not only the usual subjects of
+the curriculum, but in addition botany, chemistry, mineralogy,
+astronomy, and the higher mathematics. She had, moreover, striven always
+to introduce new subjects and new methods into her school, and with such
+success that Governor Clinton, of New York, invited her to that State
+and procured her a government subsidy. Her school was established first
+at Watervliet, but soon moved to Troy. This seminary was the first
+girls' school in which the higher mathematics formed a part of the
+course; and the first public examination of a girl in geometry, in 1829,
+raised a storm of ridicule and indignation--the clergy, as usual,
+prophesying the speedy dissolution of all family bonds and therefore, as
+they continued with remorseless logic, of the state itself. But Mrs.
+Willard continued her ways in spite of clerical disapproval and
+by-and-by projected a system of normal schools for the higher education
+of teachers, and even suggested women as superintendents of public
+schools. New York survived and does not even remember the names of the
+patriots who fought a lonely woman so valiantly.
+
+The first female seminary to approach college rank was Mt. Holyoke,
+which was opened by Mary Lyon at South Hadley, Mass., in 1836. Vassar,
+the next, dates from 1865; and Radcliffe, the much-abused "Harvard
+Annex," was instituted in 1879. These were the first colleges
+exclusively for women. Oberlin College had from its foundation, in 1833,
+admitted men and women on equal terms; although it took pains to express
+its hearty disapproval of those women who, after graduation, had the
+temerity to advocate political rights for women--rights which that same
+Oberlin insisted should be given the negro at once. In 1858, when Sarah
+Burger and other women applied for admission to the University of
+Michigan, their request was refused.
+
+[Sidenote: First women in medicine.]
+
+It was hard enough for women to assert their rights to a higher
+education; to enter a profession was almost impossible. Nevertheless,
+it was done. The pioneer in medicine was Harriet K. Hunt who practised
+in Boston from 1822 to 1872 without a diploma; but in 1853 the Woman's
+Medical College of Pennsylvania conferred upon her the degree of Doctor
+of Medicine. The first woman to receive a diploma from a college after
+completing the regular course was Elizabeth Blackwell, who attained that
+distinction at Geneva, New York, in 1848. The first adequate woman's
+medical institution was Miss Blackwell's New York Infirmary, chartered
+in 1854. In 1863, Dr. Zakrzewska, in co-operation with Lucy Goddard and
+Ednah D. Cheney, established the New England Hospital for Women and
+Children, which aimed to provide women the medical aid of competent
+physicians of their own sex, to assist educated women in the practical
+study of medicine, and to train nurses for the care of the sick.[411]
+
+[Sidenote: In law.]
+
+In law, it would seem that Mistress Brut practised in Baltimore as early
+as 1647; but after her the first woman lawyer in the United States was
+Arabella A. Mansfield, of Mt. Pleasant, Iowa. She was admitted to the
+bar in 1864. By 1879 women were allowed to plead before the Supreme
+Court of the United States.[412]
+
+[Sidenote: In the ministry.]
+
+Coming now to the consideration of the ministry, the first woman to
+attempt to assert a right to that profession was Anne Hutchinson, of
+Boston, in 1634. She was promptly banished. Among the Friends and the
+Shakers women like Lucretia Mott and Anne Lee preached; and among the
+primitive Methodists and similar bodies women were always permitted to
+exhort; but the first regularly ordained woman in the United States
+appears to have been Rev. Antoinette Brown Blackwell, of the
+Congregational Church who was ordained in 1852. In 1864 Rev. Olympia
+Brown settled as pastor of the parish at Weymouth Landing, in
+Massachusetts; and the Legislature acknowledged marriages solemnised by
+women as legal. Phebe Hanaford, Mary H. Graves, and Lorenza Haynes were
+the first Massachusetts women to be ordained preachers of the Gospel;
+the latter was at one time chaplain of the Maine House of
+Representatives. The best known woman in the ministry at the present day
+is Rev. Anna Howard Shaw, a Methodist minister, president of the
+National American Woman's Suffrage Association.[413]
+
+[Sidenote: As newspaper editors.]
+
+Women have from very early times been exceedingly active in newspaper
+work. Anna Franklin printed the first newspaper in Rhode Island, in
+1732; she was made official printer to the colony. When the founder of
+the _Mercury_, of Philadelphia, died in 1742, his widow, Mrs. Cornelia
+Bradford, carried it on for many years with great success, just as Mrs.
+Zenger continued the _New York Weekly Journal_--the second newspaper
+started in New York--for years after the death of her husband. Anna K.
+Greene established the _Maryland Gazette_, the first paper in that
+colony, in 1767. Penelope Russell printed _The Censor_ in Boston, in
+1771. In fact, there was hardly a colony in which women were not
+actively engaged in printing. After the Revolution they were still more
+active. Mrs. Anne Royal edited _The Huntress_ for a quarter of a
+century. Margaret Fuller ran _The Dial_, in Boston, in 1840 and numbered
+Emerson and William Channing among her contributors. From 1840 to 1849
+the mill girls of Lowell edited the _Lowell Offering_. These are but a
+few examples of what women have done in newspaper work. How very
+influential they are to-day every one knows who is familiar with the
+articles and editorial work appearing in newspapers and magazines; and
+that women are very zealous reporters many people can attest with
+considerable vigour.[414]
+
+[Sidenote: Women in industry.]
+
+The enormous part which women now play in industry and in all economic
+production is a concomitant of the factory system, specialised industry,
+and all that makes a highly elaborated and complex society. Before the
+introduction of machine industry, and in the simple society of the
+colonial days, women were no less a highly important factor in economic
+production; but not as wage earners. Their importance lay in the fact
+that spinning, weaving, brewing, cheese and butter making, and the like
+were matters attended to by each household to supply its own wants; and
+this was considered the peculiar sphere of the housewife. In 1840
+Harriet Martineau found only seven employments open to women in the
+United States, viz., teaching, needlework, keeping boarders, working in
+cotton mills and in book binderies, type-setting, and household service.
+
+I shall now present a series of fifty tables, by means of which the
+reader may see at a glance the status of women in all the States to-day.
+For convenience, I shall arrange the views alphabetically.
+
+
+TABLES SHOWING THE PRESENT STATUS OF WOMEN IN THE UNITED STATES.
+
+The right of "dower," as used in these tables, refers to the widow's
+right, under the Common Law, to the possession, for her life-time, of
+one third of the real estate of which her husband was possessed in
+fee-simple during the marriage.
+
+"Curtesy" is the right of the husband after his wife's death to the life
+use of his wife's real estate, sometimes dependent on the birth of
+children, sometimes not; and usually the absolute right to her whole
+personal estate.
+
+It must be remembered that the enforcement Of certain laws,
+particularly in regard to child labour, is extremely lax in many States.
+It will be noted also that an unscrupulous employer could find loopholes
+in some of the statutes. The reader can observe these things for himself
+in his particular State.
+
+
+
+_Alabama_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 916,764; female 911,933.
+
+HUSBAND AND WIFE: Wife controls own earnings and has full control of own
+property; but she cannot mortgage her real and personal property or
+alienate it without husband's consent. Married women may execute will
+without concurrence of husband and may bar latter's right of curtesy.
+Husband may appoint guardian for children by will; but wife has custody
+of them until they are fourteen. If a wife commits a crime in
+partnership with her husband she cannot be punished (except for murder
+and treason). Husband is not required by law to support the family.
+
+DIVORCE: Absolute divorce is granted for incurable impotence, adultery,
+desertion for two years, imprisonment for two years or more, crimes
+against nature, habitual drunkenness after marriage; in favour of
+husband if wife was pregnant at time of marriage without his knowledge
+or agency, in favour of wife for physical violence on part of husband
+endangering life or health, or when there is reasonable apprehension of
+such violence.
+
+Limited divorce is granted for cruelty in either of the parties or any
+other cause which would justify absolute divorce, if the party desires
+only a divorce from bed and board.
+
+LABOUR LAWS: Women not allowed to work in mines. Children under 12 not
+permitted to work in any factory. All employers of women must provide
+seats and must allow women to rest when not actively engaged.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: There
+is no suffrage. Women not eligible for any elective office; they may be
+notaries public. There are 18 women in the ministry, 12 journalists, 1
+dentist, 3 lawyers, 16 doctors, 3 professors, 2 bankers, 5 saloon
+keepers, 4 commercial travellers, 11 carpenters, etc.
+
+
+_Arizona_
+
+AGE OF LEGAL CONSENT: 17.
+
+POPULATION: Male 71,795; female 51,136.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Wife has control of
+property which she had before marriage. Wife may contract debts for
+necessaries for herself and children upon credit of husband. She may sue
+and be sued and make contracts in her own name as regards her separate
+property, but must sue jointly with husband for personal injuries, and
+damages recovered are community property and in his control. Father is
+legal guardian of minor children; at his death mother becomes guardian
+as long as she remains unmarried.
+
+DIVORCE: Absolute divorce for excesses, cruelty, or outrage, adultery,
+impotence, conviction for a felony, desertion for one year, neglect of
+husband to provide for one year, habitual intemperance; in favour of
+husband if wife was pregnant at time of marriage without his knowledge
+or agency.
+
+There is no limited divorce; but when the husband wilfully abandons his
+wife, she can maintain an action against him for permanent maintenance
+and support.
+
+LABOUR LAWS: No woman or minor may work or give any exhibition in a
+saloon.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+21 years old or more who are mothers or guardians of a child of school
+age are eligible to the office of school trustee and may vote for such
+officers. There are 12 women in the ministry, 1 dentist, 2 journalists,
+4 lawyers, 4 doctors, 628 saloon keepers, 2 bankers, etc.
+
+
+
+_Arkansas_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 675,312; female 636,252.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower exists, but not
+curtesy. Wife may sell or transfer her separate real estate without
+husband's consent. Father is legal guardian of children, but cannot
+apprentice them or create testamentary guardianship for them without
+wife's consent. At husband's death wife may be guardian of persons of
+children, but not of their property, unless derived from her.
+
+DIVORCE: Absolute or limited divorce for impotence, wilful desertion for
+a year, when husband or wife had a former wife or husband living at the
+time of the marriage sought to be set aside, conviction for felony or
+other infamous crime, habitual drunkenness for one year, intolerable
+indignities, and adultery subsequent to marriage.
+
+LABOUR LAWS: Labour contracts of married women, approved by their
+husbands, are legal and binding. No woman may work in a mine.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 13 women are ministers, 6 journalists, 9 lawyers, 39 doctors,
+3 professors, 3 saloon keepers, 9 commercial travellers, etc.
+
+
+
+_California_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 820,531; female 664,522.
+
+HUSBAND AND WIFE: Wife controls own earnings. Wife may dispose of
+separate property without husband's consent. In torts of a personal
+nature she must sue jointly with her husband. Husband is guardian of
+minor children; wife becomes so at his death. Husband must provide for
+family. If husband has no property or is disabled, wife must support him
+and the family out of her property or earnings.
+
+DIVORCE: Absolute divorce for adultery, extreme cruelty, wilful
+desertion for one year, wilful neglect for one year, habitual
+intemperance for one year, conviction for felony.
+
+There are no statutory provisions for limited divorce. But when the wife
+has any cause for action as provided in the code, she may, without
+applying for a divorce, maintain an action against her husband for
+permanent support and maintenance of herself or of herself and children.
+
+LABOUR LAWS: Sex shall be no disqualification for entering any business,
+vocation, or profession. Children under 16 may not be let out for
+acrobatic performances or any exhibition endangering life or morals. Any
+one who sends a minor under the age of 18 to a saloon, gambling house,
+or brothel, is guilty of a misdemeanour. One day of rest each week must
+be given all employees.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. May be elected school trustees. May be notaries public. There
+are 201 women in the ministry, 52 dentists, 116 journalists, 60 lawyers,
+522 doctors, 8 professors, 129 saloon keepers, 9 bankers, 23 commercial
+travellers, etc.
+
+
+_Colorado_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 295,332; female 244,368.
+
+HUSBAND AND WIFE: Wife controls own earnings. No assignment of wages by
+a married man is valid without the consent of his wife. Neither dower
+nor curtesy obtains. Husband and wife have same rights in making wills.
+Wife can sue and be sued as if unmarried. She is joint guardian of
+children with husband and has equal powers. Husband must support family.
+
+DIVORCE: Absolute divorce for impotence, when husband or wife had a wife
+or husband living at time of marriage, adultery subsequent to marriage,
+wilful desertion for one year, cruelty (including the infliction of
+mental suffering as well as physical violence), neglect to provide for
+one year, habitual drunkenness for one year, conviction for felony.
+
+There is no limited divorce.
+
+LABOUR LAWS: Eight hours the usual day's work. Children under 12 may not
+work in mines; none under 14 may exhibit in saloons, variety theatres,
+or any place endangering morals. No female help may be sent to any place
+of bad repute. Children under 14 may not be employed in mills or
+factories. No woman may work underground in a mine. All employers of
+women must provide seats.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full
+suffrage. Women are eligible to all offices; 10 have served in the
+Legislature. There are 39 women in the ministry, 23 dentists, 28
+journalists, 17 lawyers, 172 doctors, 4 professors, 17 saloon keepers,
+12 bankers, 8 commercial travellers, etc.
+
+
+_Connecticut_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 454,294; female 454,126.
+
+HUSBAND AND WIFE: Wife controls own earnings. No dower or curtesy.
+Survivor gets one third of property. Wife controls own property. Wife
+and husband joint guardians of children with equal powers. Husband must
+support family.
+
+DIVORCE: Absolute divorce for adultery, fraudulent contract, wilful
+desertion for three years with total neglect of duty, seven years'
+absence when absent party is not heard from during that period, habitual
+intemperance, intolerable cruelty, sentence to imprisonment for life,
+any infamous crime involving a violation of conjugal duty and punishable
+by imprisonment.
+
+There is no limited divorce.
+
+LABOUR LAWS: No child under 12 may give exhibition endangering limbs or
+morals. Employers of females may not send them to any place of bad
+repute. Eight hours is a day's work. Women employees must have seats to
+rest. No woman shall be forced to labour more than ten hours a day.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Women have school suffrage and may be elected school trustees. There are
+45 women in the ministry, 6 dentists, 122 doctors, 1 professor, 28
+saloon keepers, 4 bankers, 13 commercial travellers, 14 carpenters, etc.
+
+
+_Delaware_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 94,158; female 90,577.
+
+HUSBAND AND WIFE: Wife controls own earnings. If there is a child or
+lawful issue of a child living, widow has a life interest in one third
+of the real estate and one third absolutely of the personal property. If
+there is no child nor the descendant of a child living, widow has a life
+interest in one half of the real estate and one half absolutely of the
+personal estate. If there are neither descendants nor kin of husband,
+she gets the entire real estate for her life, and all the personal
+estate absolutely. Father is legal guardian of children and he alone may
+appoint a guardian at his death. Husband must support family.
+
+DIVORCE: Absolute divorce for adultery, desertion for three years,
+habitual drunkenness, impotence, extreme cruelty, conviction for felony,
+procurement of marriage by fraud for want of age, wilful neglect to
+provide for three years.
+
+Limited divorce may be decreed, in the discretion of the court, for the
+last two causes mentioned.
+
+LABOUR LAWS: All female employees must be provided with seats. Sunday
+labour forbidden. No minor under 15 may be let out for any gymnastic or
+other exhibition endangering body or morals. Separate lunch, wash-rooms,
+etc., for all women employees; the rooms must be kept reasonably heated.
+Using indecent or profane language towards a female employee is a
+misdemeanour. The governor must appoint a _female_ factory inspector who
+shall see that these laws are enforced. Children under 14 may not work
+in mills and factories; and no child under 16 shall be forced to labour
+more than nine hours daily.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+in Milford, Townsend, Wyoming, and Newark who pay a property tax may
+vote for Town Commissioners. All such women in the State may vote for
+school trustees. There are 4 women in the ministry, 3 dentists, 1
+journalist, 1 lawyer, 7 doctors, 8 saloon keepers, 1 commercial
+traveller, 2 carpenters, etc.
+
+
+_District of Columbia_
+
+AGE OF LEGAL CONSENT; 16.
+
+POPULATION: Male 132,004; female 146,714.
+
+HUSBAND AND WIFE: Wife controls own earnings and property, may be sued
+and sue, carry on business, etc., as if unmarried. Husband and wife are
+equal guardians of children. Husband must furnish reasonable support if
+he have property. Both dower and curtesy obtain.
+
+DIVORCE: Absolute divorce for bigamy, insanity at time of marriage,
+impotence, adultery habitual drunkenness for three years, cruel
+treatment endangering life or health.
+
+Limited divorce for drunkenness, cruelty, and desertion.
+
+In case of absolute divorce, only the innocent party may remarry; but
+the divorced parties may marry each other again.
+
+LABOUR LAWS: No child under 14 may be let out for any public exhibition
+endangering body or morals. Seats must be provided for women employees.
+Employment agencies must not send applicants to places of bad repute.
+Children under 14 may not be employed in any factory, hotel, etc.; but
+judge of juvenile court may give dispensation to child between 12 and
+14. No girl under 16 may be bootblack or sell papers or any other wares
+publicly.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public and members of Board of
+Education. 17 women in the ministry, 7 dentists, 38 journalists, 23
+lawyers, 56 doctors, 18 saloon keepers, 1 banker, 7 commercial
+travellers, 2 carpenters, etc.
+
+
+_Florida_
+
+AGE OF LEGAL CONSENT: 16 (but 10 practically, as penalty above 10 is
+insignificant).
+
+POPULATION: Male 275,246; female 253,296.
+
+HUSBAND AND WIFE: Wife controls own earnings and owns separate estate;
+but cannot transfer her real or personal property without husband's
+consent. Dower prevails, but not curtesy. Wife may make a will as if
+unmarried. Husband is legal guardian of children. Husband must support
+family.
+
+DIVORCE: Absolute divorce for impotence, where the parties are within
+the degrees prohibited by the law, adultery, bigamy, extreme cruelty,
+habitual indulgence in violent and ungovernable temper, habitual
+intemperance, desertion for one year, if husband or wife has obtained a
+divorce elsewhere and if the applicant has been a citizen of Florida for
+two years.
+
+There is no limited divorce. But the wife may claim alimony, without
+applying for a divorce, for any of these causes except bigamy.
+
+LABOUR LAWS: Ten hours legal day's work. Employers of women must provide
+seats. No child under 14 may be let out for any public exhibition
+endangering body or morals. Sunday labour forbidden. No child under 12
+may be employed in any factory, or any place where intoxicating liquor
+is sold; and no child under 12 may labour more than nine hours a day.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public. 19 women in the ministry, 1
+dentist, 9 journalists, 4 lawyers, 21 doctors, 1 banker, 3 commercial
+travellers, 6 carpenters, etc.
+
+
+_Georgia_
+
+AGE OF LEGAL CONSENT: 10.
+
+POPULATION: Male 1,103,201; female 1,113,130.
+
+HUSBAND AND WIFE: Wife controls own earnings and own property. Dower
+prevails, but not curtesy. Husband is legal guardian of children and at
+his death may appoint a guardian to the exclusion of his wife. Husband
+must support family.
+
+DIVORCE: Absolute divorce for intermarriage within the prohibited
+degrees of consanguinity and affinity, mental incapacity at time of
+marriage, impotence at time of marriage, force, menace, duress, or fraud
+in obtaining marriage, pregnancy of wife at time of marriage unknown to
+husband, adultery, wilful desertion for three years, conviction for an
+offence involving imprisonment for two years or longer.
+
+Absolute or limited divorce for cruelty or habitual intoxication.
+Limited divorce for any ground held sufficient in English courts prior
+to May 4, 1784.
+
+LABOUR LAWS: No boss or other superior in any factory shall inflict
+corporal punishment on minor labourers. Seats must be provided for
+female employees. Sunday labour forbidden. No minors may be employed in
+barrooms. To let out children for gymnastic exhibition or any indecent
+exhibition is a misdemeanour. Children under 12 may not work in
+factories. No child under 14 may work between 7 P.M. and 6 A.M.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 33 women in the ministry, 2 dentists, 37 journalists, 6
+lawyers, 43 doctors, 4 professors, 2 saloon keepers, 4 bankers, 9
+commercial travellers, 10 carpenters, etc.
+
+
+_Idaho_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 93,367; female 68,405.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Wife can secure
+control of own property only by going into court and showing that her
+husband is mismanaging it. Husband is legal guardian of the children.
+
+DIVORCE: Absolute divorce for adultery, extreme cruelty, wilful
+desertion for one year, wilful neglect for one year, habitual
+intemperance for one year, conviction of felony, permanent insanity.
+
+There is no limited divorce.
+
+LABOUR LAWS: No Sunday labour. Children under 14 may not work in mine,
+factory, hotel, or be messenger; no child under 16 shall work more than
+nine hours per day; nor be let out for any exhibition or vocation which
+endangers health or morals; nor ever be sent to any immoral resort or
+serve or handle intoxicating liquors.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full
+suffrage. Women are eligible to all offices. 7 women are in the
+ministry, 4 journalists, 2 lawyers, 15 doctors, 1 saloon keeper, 1
+commercial traveller, 1 carpenter, etc.
+
+
+_Illinois_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 2,472,782; female 2,348,768.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower prevails. Wife has
+full disposal of property, can sue, etc., as if unmarried. Wife and
+husband are equal guardians of children. Wife is entitled to support
+suited to her condition in life; husband is entitled to same support out
+of her individual property. They are jointly liable for family expenses.
+
+DIVORCE: Absolute divorce for impotence, bigamy, adultery, wilful
+desertion for two years, habitual drunkenness for two years, attempt to
+murder, extreme and repeated cruelty, conviction for felony or other
+infamous crime.
+
+No limited divorce; but married women living separate through no fault
+of their own have an action in equity for reasonable maintenance, if
+they so desire.
+
+LABOUR LAWS: No Sunday labour. No minor shall be allowed to sell
+indecent literature, etc., nor be let out as acrobat or mendicant or for
+any immoral occupation. Eight hours a legal day's work. No person shall
+be debarred from any occupation or profession on account of sex; but
+females shall not be required to work on streets or roads or serve on
+juries. No child under 14 to be employed in any place where intoxicating
+liquors are sold or in factory or bowling alley; and shall not labour
+more than eight hours. No child under 16 shall engage in occupations
+dangerous to life or morals; and no female under 16 shall engage in any
+employment which requires her to stand constantly. Seats must be
+provided for all female employees. No woman shall work more than ten
+hours a day in stores and factories.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage and are eligible to all school offices and can be
+notaries public. There are 292 women in the ministry, 117 dentists, 240
+journalists, 113 lawyers, 820 doctors, 31 professors, 196 saloon
+keepers, 8 bankers, 101 commercial travellers, 24 carpenters, etc.
+
+
+_Indiana_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Males 1,285,404; females 1,231,058.
+
+HUSBAND AND WIFE: Wife controls own earnings. No dower or curtesy. Wife
+may sue in her own name for injuries, etc. Neither husband nor wife can
+alienate their separate real estate without each other's consent. A wife
+can act as executor or administrator of an estate only with her
+husband's consent. No married woman can become a surety for any person.
+Husband is guardian of children.
+
+DIVORCE: Absolute for adultery, impotency, desertion for two years,
+cruel and inhuman treatment, habitual drunkenness, neglect of husband to
+provide for two years, conviction of an infamous crime.
+
+Limited divorce for adultery, desertion or neglect for six months,
+habitual cruelty or constant strife, gross and wanton neglect of
+conjugal duty for six months.
+
+LABOUR LAWS: No child under 12 may work in a mine. Children under 15 may
+not be let out for acrobatic or any immoral exhibition or to work in any
+place where liquor is sold. Seats must be provided for female employees.
+Eight hours a legal day's work. No female under 18 may work more than
+ten hours a day in any factory, laundry, renovating works, bakery, or
+printing office; no woman shall be employed in any factory between 10
+P.M. and 6 A.M. Suitable dressing rooms must be provided and not less
+than sixty minutes given for the noonday meal. Sweatshops under strict
+supervision of a State inspector. No woman may work in a mine. No Sunday
+labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public. 130 women in the ministry, 34
+dentists, 79 journalists, 40 lawyers, 195 doctors, 6 professors, 27
+saloon keepers, 2 bankers, 44 commercial travellers, 7 carpenters, etc.
+
+
+_Indian Territory_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 208,952; female 183,108.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Dower is in force
+and curtesy. Woman controls separate estate absolutely in practice; for
+though at common law any money or property given her husband for
+investment becomes his, by statute it does not. Husband and wife are
+equal guardians of children.
+
+DIVORCE: Absolute or limited for impotence, wilful desertion for one
+year, bigamy, conviction for felony or other infamous crime, habitual
+drunkenness for one year, cruel treatment endangering life, intolerable
+indignities, adultery, incurable insanity subsequent to marriage.
+
+LABOUR LAWS: No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION; INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 6 women in ministry, 1 dentist, 4 journalists, 13 doctors, 4
+professors, 1 banker, etc.
+
+
+_Iowa_
+
+AGE OF LEGAL CONSENT: 15.
+
+POPULATION: Male 1,156,849; female 1,075,004.
+
+HUSBAND AND WIFE: Wife controls own earnings. Any assignment of wages
+must have written consent of both husband and wife. No dower or curtesy;
+surviving husband or wife is entitled to one third in fee simple of both
+real and personal estate of other at his or her death. Wife controls own
+property, can sue, etc., as if single. Husband and wife are equal
+guardians of children. Support and education of family is chargeable
+equally on husband's and wife's property.
+
+DIVORCE: Absolute for adultery, wilful desertion for two years,
+conviction of felony after marriage, habitual drunkenness, inhuman
+treatment endangering life, pregnancy of wife at time of marriage by
+another man, unless the husband have an illegitimate child living
+unknown to wife.
+
+No limited divorce.
+
+Annulment for prohibited degrees, impotence, bigamy, insanity or idiocy
+at time of marriage.
+
+LABOUR LAWS: No female may be employed in any place where intoxicating
+liquors are sold; Seats must be provided for female employees. Children
+under 16 not to assist in operating dangerous machinery. No Sunday
+labour. No person under 14 may work in a factory, mine, laundry,
+slaughter-house, store where more than eight persons are employed; no
+child under 16 shall be employed in any vocation endangering life or
+morals, nor shall work more than ten hours a day.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have bond suffrage and can vote on increase of taxes. They may serve as
+school trustees and superintendents. 117 women in ministry, 52 dentists,
+74 journalists, 53 lawyers, 260 doctors, 27 professors, 8 saloon
+keepers, 11 bankers, 34 commercial travellers, 7 carpenters, etc.
+
+
+_Kansas_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 768,716; female 701,779.
+
+HUSBAND AND WIFE: Wife controls own earnings. Husband and wife are equal
+guardians of children. Wife controls her separate property, can sue,
+etc., as if unmarried. Neither husband nor wife can convey or encumber
+real estate without consent of other; nor dispose by will of more than
+one half of the separate property without other's consent. If there are
+no children, the surviving husband or wife takes all the property, real
+and personal; if there are children, one half. Husband must support
+family.
+
+DIVORCE: Absolute for bigamy, desertion for one year, adultery,
+impotency, when wife at time of marriage was pregnant by another than
+her husband, extreme cruelty, fraudulent contract, habitual
+drunkenness, gross neglect of duty, conviction and imprisonment for
+felony subsequent to marriage.
+
+No limited divorce; but wife may obtain alimony without divorce for any
+causes above mentioned.
+
+LABOUR LAWS: People employing children under 14 in acrobatic or
+mendicant occupations are guilty of a misdemeanour. No Sunday labour.
+Seats must be provided for female employees. No child under 14 may work
+in coal mine, nor in any factory or packing house. No child under 16 may
+work at any occupation endangering body or morals.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have municipal, school, and bond suffrage. 63 women in ministry, 21
+dentists, 39 journalists, 43 lawyers, 190 doctors, 21 professors, 9
+saloon keepers, 7 bankers, 20 commercial travellers, 19 carpenters, etc.
+
+
+_Kentucky_
+
+AGE OF LEGAL CONSENT: 12.
+
+POPULATION: Male 1,090,227; female 1,056,947.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Curtesy and dower
+are equalised. After the death of either husband or wife, the survivor
+is given a life interest in one third of the realty of the deceased and
+an absolute estate in one half of the personalty. Wife controls her
+personal property, but cannot dispose of real estate without husband's
+consent; the husband can convey real estate without his wife's
+signature, but it is subject to her dower. Husband is legal guardian of
+children. He must furnish support according to his condition, but if he
+has only his wages there is no law to punish him for non-support.
+
+DIVORCE: Absolute to both husband and wife for impotence or inability to
+copulate and for living apart for five consecutive years without any
+cohabitation. Also to the party not in fault for desertion for one year,
+adultery, condemnation for felony, concealment of any loathsome disease
+at time of marriage or contracting it afterwards, force, duress, or
+fraud in obtaining marriage, uniting with any creed or religious society
+requiring a renunciation of the marriage covenant or forbidding husband
+and wife to cohabit. To the wife, when not in like fault, for confirmed
+drunkenness of husband leading to neglect to provide, habitual behaviour
+by husband for six months indicating aversion to wife and causing her
+unhappiness, physical injury or attempt at it. To the husband for wife's
+pregnancy at time of marriage unknown to him, adultery of wife, or such
+conduct as proves her to be unchaste without proof of adultery, and
+habitual drunkenness of wife.
+
+Limited divorce for any of these causes or any other cause as the court
+may deem sufficient.
+
+LABOUR LAWS: Forbidden to let or employ any children under 16 in any
+acrobatic or mendicant or immoral occupations. No Sunday labour. No
+child under 14 shall work in factory, mill, or mine unless said child
+shall have no other means of support. No child under 16 shall work more
+than ten hours per day. Seats and suitable dressing-rooms must be
+provided for female employees.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: In
+the country districts any widow having a child of school age and any
+widow or spinster having a ward of school age may vote for school
+trustees and school taxes. In Louisville, five third-class, and twenty
+or more fourth-class cities no woman has any vote. Women may be notaries
+public. 39 women in ministry, 4 dentists, 21 journalists, 16 lawyers, 98
+doctors, 5 professors, 35 saloon keepers, 3 bankers, 20 commercial
+travellers, 9 carpenters, etc.
+
+
+_Louisiana_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 694,733; female 686,892.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Wife cannot appear
+in court without her husband's consent, and needs this consent in all
+matters connected with her separate estate. She may make her will
+without the authority of her husband. No woman can be a witness to a
+testament. No married woman can be executor without husband's consent.
+The dowry is given to the husband, for him to enjoy as long as the
+marriage shall last. Husband is legal guardian of children.
+
+DIVORCE: Absolute or limited for adultery, condemnation to an infamous
+punishment, habitual and intolerable intemperance, insupportable excess
+or outrages, public defamation on the part of one of the married persons
+toward the other, desertion, attempted murder, proof of guilt of husband
+or wife who has fled from justice when charged with an infamous offence.
+
+LABOUR LAWS: No female to be employed in any place where liquor is sold.
+No Sunday labour. No child under 15 to engage in any acrobatic or
+theatrical public exhibition. Seats must be provided for female
+employees, who are also to have at least thirty minutes for lunch. No
+girl under 14 may be employed in any mill or factory; and no woman shall
+be worked more than ten hours a day. Seats, suitable dressing-rooms, and
+stairs must be provided. An inspector, male or female, is appointed.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Tax-paying women can vote on all questions of taxation. 14 women in
+ministry, 4 dentists, 21 journalists, 8 lawyers, 25 doctors, 16
+professors, 31 saloon keepers, 2 bankers, 18 commercial travellers, 9
+carpenters, etc.
+
+
+_Maine_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 350,995; female 343,471.
+
+HUSBAND AND WIFE: Wife controls own earnings and has full control of
+separate property. Wife and husband are equal guardians of children. If
+there is no will, the interest of the husband or wife in the real estate
+of the other is the same--one third absolutely, if there is issue
+living, one half if there is no issue, the whole if there is neither
+issue nor kindred.
+
+DIVORCE: Absolute for adultery, impotence, extreme cruelty, desertion
+for three years, gross and confirmed habits of Intoxication whether from
+liquors or drugs, cruel and abusive treatment, wilful neglect to
+provide.
+
+No limited divorce.
+
+LABOUR LAWS: Ten hours a day the legal limit for female employees. No
+child under 14 may work in a factory. No Sunday labour. No child under
+16 may be employed in any acrobatic, mendicant, immoral, or dangerous
+occupation.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women can be justices of the peace, town clerks, and registers
+of probate. They cannot be notaries public. 39 women in ministry, 4
+dentists, 33 journalists, 4 lawyers, 67 doctors, 1 professor, 3 bankers,
+5 carpenters, etc.
+
+
+_Maryland_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 589,275; female 598,769.
+
+HUSBAND AND WIFE: Wife controls own earnings. No assignment of wages to
+be made without consent of both husband and wife. Wife controls separate
+property absolutely. Inheritance of property is the same for widow and
+widower. Husband is legal guardian of children and must support family.
+
+DIVORCE: Absolute for impotence, any cause which by the laws of the
+State renders a marriage null and void _ab initio_, adultery, desertion
+for three years, illicit sexual intercourse _of the woman before_
+marriage unknown to husband (_but the wife cannot obtain a divorce from
+her husband if he has been guilty of such an offence_). Limited divorce
+for cruelty, excessively vicious conduct, or desertion. In all cases
+where an absolute divorce is granted for adultery or abandonment, the
+court may decree that the guilty party shall not contract marriage with
+any other person during the lifetime of the other party. Annulment is
+given for bigamy or marriage within the prohibited degrees of
+consanguinity and affinity.
+
+LABOUR LAWS: Seats must be provided for female employees. No Sunday
+labour. No child under 14 may be employed in any mendicant or acrobatic
+occupation. No child under 8 may be employed in peddling. Women may not
+be waitresses in any place where liquor is sold. Children under 12 may
+not be employed in any business except in the counties, from June 1 to
+Oct. 15, Ten hours a legal day's work.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women serve as notaries public. 35 women in ministry, 6
+dentists, 23 journalists, 6 lawyers, 87 doctors, 4 professors, 2
+bankers, 13 commercial travellers, 10 carpenters, etc.
+
+
+_Massachusetts_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 1,367,474; female 1,437,872.
+
+HUSBAND AND WIFE: Wife controls own earnings and has control of her
+separate property subject only to the husband's interests. She can be
+executor, make contracts, etc., as if unmarried. The husband is legal
+guardian of minor children; he may dispose of them and may appoint a
+guardian at his death. Husband must support family. In distributing the
+estate, no distinction is made between real and personal property. The
+surviving husband or wife takes one third, if deceased leaves children
+or their descendants; 5000 dollars and one half of the remaining estate
+if the deceased leaves no issue; and the whole, if deceased leaves no
+kin. This is taken absolutely and not for life. Curtesy and dower exist;
+but the old-time curtesy is cut down to a life-interest in one third,
+the same as dower; and in order to be entitled to dower or curtesy, the
+surviving husband or wife must elect to take it in preference to the
+above provisions.
+
+DIVORCE: Absolute for adultery, impotency, utter desertion for three
+years, gross and confirmed habits of intoxication, cruel and abusive
+treatment, wilful neglect to provide, sentence to imprisonment for five
+years.
+
+No limited divorce.
+
+LABOUR LAWS: No Sunday labour. Ten hours a legal day's work. No woman to
+labour between 10 P.M. and 6 A.M. in any manufacturing establishment,
+nor between 6 P.M. and 6 A.M. in any textile works. No child under 14
+and no illiterate under 16 and over 14 may be employed in any factory or
+mercantile establishment. No child under 14 may be employed between 7
+P.M. and 6 A.M., or during the time when the public schools are in
+session. Seats must be provided for females. No woman or young person
+shall be required to work more than six hours without thirty minutes for
+lunch. No child under 15 may engage in any gymnastic or theatrical
+exhibition.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage. They may be justices of the peace. 188 women in
+ministry, 38 dentists, 180 journalists, 47 lawyers, 729 doctors, 38
+professors, 8 saloon keepers, 3 bankers, 73 commercial travellers, 31
+carpenters, etc.
+
+
+_Michigan_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 1,248,905; female 1,172,077.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Dower prevails, but
+not curtesy. When the wife has separate real estate, she controls it as
+if single. The husband cannot give full title to his real estate unless
+the wife joins so as to cut off her dower. Father is guardian of the
+children. Husband must support.
+
+DIVORCE: Absolute for adultery, impotence, imprisonment for three years,
+desertion for two years, habitual drunkenness, if husband or wife has
+obtained a divorce in another State.
+
+Limited or absolute divorce at the discretion of the court for extreme
+cruelty, desertion for two years, neglect to provide.
+
+LABOUR LAWS: No female may be employed in any place where liquor is
+sold. Seats must be provided for female employees. Ten hours a legal
+day's work. No Sunday labour. No child under 16 may take part in any
+acrobatic or mendicant or dangerous or immoral occupation, nor shall any
+minor be given obscene literature to sell. No female under 21 may be
+employed in any occupation endangering life, health, or morals. At least
+forty-five minutes must be allowed for lunch.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: All
+women who pay taxes may vote upon questions of local taxation and the
+granting of franchises. Parents and guardians have also school suffrage.
+Women serve as notaries public. 105 women in ministry, 17 dentists, 81
+journalists, 27 lawyers, 270 doctors, 26 professors, 23 saloon keepers,
+13 bankers, 53 commercial travellers, 32 carpenters, etc.
+
+
+_Minnesota_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 932,490; female 818,904.
+
+HUSBAND AND WIFE: Wife controls own earnings, but cannot convey or
+encumber her separate real estate without husband's consent. No dower or
+curtesy. If either husband or wife die intestate, the survivor, if there
+is issue living, is entitled to the homestead for life and one third of
+the rest of the estate in fee simple. If there are no descendants, the
+entire estate goes absolutely to the survivor. Husband is guardian of
+children and must support family.
+
+DIVORCE: Absolute for adultery, impotency, cruel and inhuman treatment,
+sentence to imprisonment after marriage, wilful desertion for one year,
+habitual drunkenness for one year.
+
+Limited divorce--to wife only--for cruel and inhuman treatment, on part
+of husband, or such conduct as may make it unsafe and improper for her
+to cohabit with him, desertion and neglect to provide.
+
+LABOUR LAWS: Children between 8 and 18 must be sent to school during
+whole period schools are in session, except in cases of unusual poverty.
+Ten hours a legal day's work. Seats must be provided for female
+employees. No Sunday labour. No child under 18 may engage in any
+occupation between 6 P.M. and 7 A.M.; nor in any mendicant, acrobatic,
+immoral, or dangerous business. No child under 14 may work in factory or
+mine. A _female_ factory inspector must be appointed.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage and may vote for library trustees. 80 women in
+ministry, 18 dentists, 75 journalists, 21 lawyers, 199 doctors, 16
+professors, 17 saloon keepers, 10 bankers, 46 commercial travellers, 8
+carpenters, etc.
+
+
+_Mississippi_
+
+AGE OF LEGAL CONSENT: 10.
+
+POPULATION: Male 781,451; female 769,819.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. He manages her
+separate property, but must give an account of it annually. No dower or
+curtesy. If husband or wife dies intestate, the entire estate goes to
+the survivor; if there is issue, surviving husband or wife has a child's
+share of the estate. Each has equal rights in making a will. Father is
+legal guardian of children, but cannot deprive mother of custody of
+their persons. Husband must support.
+
+DIVORCE: Absolute for marriage within prohibited degrees, natural
+impotence, adultery, sentence to the penitentiary, wilful desertion for
+two years, habitual drunkenness or excessive use of drugs, habitually
+cruel treatment, pregnancy of wife at time of marriage unknown to
+husband, bigamy, insanity, or idiocy when party applying did not know of
+it.
+
+No limited divorce. The court may decree that the guilty party must not
+marry again.
+
+LABOUR LAWS: No Sunday labour. There are no other laws.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: A
+woman as a free-holder or lease-holder may vote at a county election to
+decide as to the adoption or non-adoption of a law permitting stock to
+run at large. If a widow and the head of a family, she may vote on
+leasing certain portions of land in the township which are set apart for
+school purposes. Widows in country districts may also vote for school
+trustees. Women cannot be notaries public. 13 women in ministry, 2
+dentists, 19 journalists, 4 lawyers, 16 doctors, 3 professors, 1 saloon
+keeper, 3 bankers, 9 commercial travellers, 13 carpenters, etc.
+
+
+_Missouri_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 1,595,710; female 1,510,955.
+
+HUSBAND AND WIFE: Wife controls own earnings. Her separate property is
+liable for debts contracted by the husband for necessaries for the
+family. Wife can sue and be sued, make contracts, etc., in her own name.
+She may hold real property under three different tenures: an equitable
+separate estate created by certain technical words in the conveyance,
+and this she can dispose of without husband's consent; a legal separate
+estate, which she cannot convey without his joinder; and a common law
+estate in fee, of which the husband is entitled to the rents and
+profits. Dower and curtesy prevail. Husband is guardian of children and
+must support.
+
+DIVORCE: Absolute for impotence, bigamy, adultery, desertion for one
+year, conviction for felony or infamous crime, habitual drunkenness for
+one year, cruel treatment endangering life or intolerable indignities,
+vagrancy of husband, pregnancy of wife at time of marriage unknown to
+husband.
+
+No limited divorce.
+
+LABOUR LAWS: Seats must be provided for female employees. No woman may
+be employed in any place where liquor is served except wife, daughter,
+mother, or sister of owner. No child under 14 to engage in any
+acrobatic, mendicant, dangerous, or immoral occupation. No Sunday
+labour. No female may work underground in a mine. Children between 8 and
+14 must go to school. No child under 14 may work in any theatre, concert
+hall, factory; but this applies only to cities with 10,000 or more
+inhabitants, No female may labour more than 54 hours a week.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public. 138 women in ministry, 32
+dentists, 87 journalists, 61 lawyers, 303 doctors, 17 professors, 44
+saloon keepers, 30 bankers, 37 commercial travellers, 15 carpenters,
+etc.
+
+
+_Montana_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 149,842; female 93,487.
+
+HUSBAND AND WIFE: Wife controls own earnings. There is dower, but not
+curtesy. Wife controls separate property. Husband is guardian of
+children and must furnish support; but wife must help, if necessary. Her
+personal property is subject to debts incurred for family expenses.
+
+DIVORCE: Absolute for adultery, extreme cruelty, wilful desertion,
+wilful neglect, habitual intemperance, conviction of felony.
+
+No limited divorce; but wife may have an action for permanent
+maintenance, at discretion of court, even though absolute divorce is
+denied.
+
+LABOUR LAWS: Children under 16 may not be employed in mines. Children
+between 8 and 14 must go to school. No child under 16 may take part in
+any acrobatic, mendicant, or wandering occupation. No Sunday labour. No
+child under 16 may work in mill, factory, railroad, in any place where
+machinery is operated, or in any messenger company.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+may vote for school trustees. Those owning property may vote on all
+questions submitted to tax-payers. They cannot be notaries public. 22
+women in ministry, 3 dentists, 6 journalists, 3 lawyers, 16 doctors, 7
+saloon keepers, 2 commercial travellers, 2 carpenters, etc.
+
+
+_Nebraska_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 564,592; female 501,708.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property. Both
+dower and curtesy prevail; but wife can mortgage or sell her real estate
+without husband's consent and without regard for his right of curtesy.
+He can do the same with his separate property, but subject to her dower.
+Husband and wife are equal guardians of the children. Husband must
+provide; but wife's separate property can be levied on for necessaries
+furnished the family, if husband has no property. Wife is not "next of
+kin" and cannot sue, for example, for damages to a minor child, even
+though she is divorced and has custody of children.
+
+DIVORCE: Absolute for adultery, impotence, imprisonment for three
+years, desertion for two years, habitual drunkenness, imprisonment for
+life, extreme cruelty, neglect to provide.
+
+Limited divorce also for last three causes. Annulment for bigamy, when
+one party is white and other has one fourth or more negro blood,
+insanity or idiocy at time of marriage, consanguinity, obtaining
+marriage by fraud or force, when there has been no subsequent
+cohabitation.
+
+LABOUR LAWS: Children must go to school between 7 and 15. Ten hours a
+legal day's labour. Sunday labour forbidden. Females to be employed
+between 6 A.M. and 10 P.M. Seats must be provided. No child under 14 may
+be employed in any place where liquor is sold, factory, hotel, laundry,
+messenger work. No child under 14 may be employed at all during school
+term.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+who are mothers of children of school age or who are assessed on real or
+personal property have school suffrage; but they cannot vote for State
+or county superintendents or county supervisors. Women act as notaries
+public. 95 women in ministry, 16 dentists, 35 journalists, 23 lawyers,
+134 doctors, 11 professors, 10 saloon keepers, 15 commercial travellers,
+12 carpenters, etc.
+
+
+_Nevada_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 25,603; female 16,732.
+
+HUSBAND AND WIFE: Wife controls own earnings. She may control her
+separate property, if a list of it is filed with the county recorder,
+but unless it is kept constantly inventoried and recorded, it becomes
+community property. The community property, both real and personal, is
+under absolute control of husband and at wife's death it all belongs to
+him. On death of the husband, wife is entitled to half of it. A wife's
+earnings are hers if her husband has allowed her to appropriate them to
+her own use, when they are regarded as a gift from him to her. Husband
+is legal guardian of children. Husband must provide; but there is no
+penalty if he does not.
+
+DIVORCE: Absolute for impotence, adultery since marriage remaining
+unforgiven, wilful desertion for one year, conviction for felony or
+infamous crime, habitual drunkenness which incapacitates party from
+contributing his or her share to support of family, extreme cruelty,
+wilful neglect to provide for one year.
+
+No limited divorce.
+
+LABOUR LAWS: There are none dealing with women and children.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women cannot serve as notaries public. 2 women in ministry, 4
+dentists, 1 journalist, 1 lawyer, 6 doctors, 5 saloon keepers.
+
+
+_New Hampshire_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 205,379; female 206,209.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+Wife can sue and be sued and make contracts without husband's consent.
+Husband is legal guardian of children, and must provide.
+
+DIVORCE: Absolute for impotence, adultery, extreme cruelty, imprisonment
+for one year, treatment seriously injuring health or endangering reason,
+absence for three years without being heard from, habitual drunkenness
+for three years, joining any religious sect which believes relation of
+husband and wife unlawful, desertion for three years with neglect to
+provide.
+
+No limited divorce.
+
+LABOUR LAWS: No child under 12 may be employed in any factory, nor any
+child under 14 while schools are in session. Nine hours and forty
+minutes the legal limit for female labour per day. No child under 14
+shall engage in any acrobatic exhibition or in the selling of obscene
+literature. No Sunday labour. Seats must be provided for female
+employees. No female may sell or serve liquor.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS. Women
+have school suffrage. They may be notaries public. 25 women in ministry,
+3 dentists, 12 journalists, 2 lawyers, 61 doctors, 3 professors, 9
+saloon keepers 6 commercial travellers, 5 carpenters, etc.
+
+
+_New Jersey_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 941,760; female 941,909.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+She has full disposal of her personal property by will; but must get
+husband's consent to convey or encumber her separate estate. Husband is
+guardian of children. Husband must furnish support; but wife must
+contribute, if he is unable.
+
+DIVORCE: Absolute for bigamy, marriage within prohibited degrees,
+adultery, wilful desertion for two years, impotence.
+
+Limited divorce for extreme cruelty.
+
+In case of desertion and neglect to provide, wife has an action for
+support.
+
+LABOUR LAWS: Seats must be provided for female employees. Hours for
+labour must be from 7 A.M. to 12 M. and from 1 P.M. to 6 P.M., except in
+fruit canning and glass factories. Sunday labour forbidden. No child
+under 18 may engage in any acrobatic, immoral, or mendicant occupation.
+No child under 15 may engage in any vocation unless he or she shall have
+attended school within twelve months immediately preceding. No child
+under 14 may work in a factory. No female employee shall be sent to any
+place of bad repute.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Women in villages and country districts have school suffrage. They may
+be notaries public. 87 women in ministry, 19 dentists, 45 journalists,
+23 lawyers, 176 doctors, 4 professors, 208 saloon keepers, 4 bankers, 11
+commercial travellers, 12 carpenters, etc.
+
+
+_New Mexico_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 104,228; female 91,082.
+
+HUSBAND AND WIFE: Wife controls own earnings. Curtesy prevails. Neither
+husband nor wife can convey real property without consent of other.
+Husband is legal guardian of children, but is not required by law to
+support the family.
+
+DIVORCE: Absolute for adultery, cruel treatment, desertion, impotency,
+neglect to provide, habitual drunkenness, conviction for felony and
+imprisonment subsequent to marriage, pregnancy of wife at time of
+marriage unknown to husband.
+
+No limited divorce. But when husband and wife have permanently
+separated, wife has an action for support.
+
+LABOUR LAWS: No Sunday labour. There are no other laws relating to women
+and children.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public. 10 women in ministry, 2
+dentists, 5 doctors, 3 professors, 2 saloon keepers, 1 commercial
+traveller, 3 carpenters, etc.
+
+
+_New York_
+
+AGE OF LEGAL CONSENT: 18. (Trials may be held privately, and it is
+almost impossible to secure a conviction.)
+
+POPULATION: Male 3,614,780; female 3,654,114.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+Wife holds separate property free from control of husband. Both husband
+and wife can make wills without knowledge or consent of other. Wife can
+mortgage or convey her whole estate without husband's consent; he can do
+this with his personal property; but not with his real estate. Husband
+and wife are equal guardians of the children. Husband must provide.
+
+DIVORCE: Absolute for adultery only.
+
+Limited for cruelty, conduct rendering cohabitation unsafe or improper,
+desertion, neglect to provide.
+
+Court refuses to allow party guilty of adultery to marry again, but may
+modify this after five years if conduct of defendant has been uniformly
+good. Adultery is now a crime in New York.
+
+LABOUR LAWS: No child under 16 may take part in any acrobatic,
+mendicant, theatrical, wandering, dangerous, or immoral occupation.
+Children must attend school between 8 and 16. No child under 14 may be
+employed in any occupation during school term. Eight hours a day's work.
+Seats must be provided for female employees. No child under 14 may work
+in a factory. Female labour is confined between 6 A.M. and 9 P.M., and
+must not exceed 10 hours. No girl under 16 shall sell papers or
+periodicals in any public place. Female employment agencies may not send
+applicant to any place of bad repute.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Tax-paying women in towns and villages may vote on questions of local
+taxation. Parents and widows with children have school suffrage in towns
+and villages. Women may be notaries public. 511 women in ministry, 108
+dentists, 365 journalists, 124 lawyers, 103 commercial travellers, 925
+doctors, 49 professors, 348 saloon keepers, 81 bankers, 84 carpenters,
+etc.
+
+
+_North Carolina_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 938,677; female 955,133.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+Wife controls separate property. Wife is not bound by a contract unless
+husband joins in writing. In actions against her he must be served with
+the suit. Wife cannot be sole trader without husband's written consent.
+Husband is legal guardian of children, and must provide.
+
+DIVORCE: Absolute for adultery, impotence, pregnancy of wife at time of
+marriage unknown to husband.
+
+Limited for desertion, turning partner maliciously out of doors, cruel
+treatment endangering life, intolerable indignities, habitual
+drunkenness.
+
+Wife has an action for separate maintenance if husband neglects to
+provide or is a drunkard or spendthrift.
+
+LABOUR LAWS: No Sunday labour. No child under 12 may be employed in
+factory, except oyster canning concerns which pay for opening oysters by
+the bushel. No person under 18 shall be required to labour more than 66
+hours per week. No child under 12 shall work in a mine. No boy or girl
+under 14 shall work in a factory between 8 P.M. and 5 A.M.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women cannot be notaries public. 25 women in ministry, 6
+journalists, 22 doctors, 2 professors, 2 saloon keepers, 3 bankers, 4
+commercial travellers, 6 carpenters, etc.
+
+
+_North Dakota_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 177,493; female 141,653.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property
+absolutely. Dower and curtesy do not prevail; if husband or wife dies
+intestate, survivor takes one half of the estate, if there is only one
+child living or the lawful issue of one child; if there are more,
+survivor gets one third. If husband is unable to support family, wife
+must maintain him and the children. Husband is guardian of children.
+
+DIVORCE: Absolute for adultery, extreme cruelty, wilful desertion for
+one year, wilful neglect for one year, habitual intemperance for one
+year, conviction of felony.
+
+No limited divorce.
+
+LABOUR LAWS: Children under 12 may not work in mines, factories, or
+workshops. Children must go to school between 8 and 14, unless they have
+already been taught adequately and poverty compels them to work. No
+Sunday labour. No woman under 18 shall labour more then ten hours per
+day.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage and are eligible to all school offices. They may be
+notaries public. 15 women in ministry, 5 dentists, 2 journalists, 6
+lawyers, 15 doctors, 1 professor, 1 commercial traveller, 4 carpenters,
+etc.
+
+
+_Ohio_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 2,102,655; female 2,054,890.
+
+HUSBAND AND WIFE: Husband controls wife's earnings, but wife controls
+separate property. Either husband or wife on the death of the other is
+entitled to one third of the real estate for life. Husband is legal
+guardian of children, and must provide; but if he is unable, wife must
+assist.
+
+DIVORCE: Absolute for bigamy, desertion for three years, adultery,
+impotence, extreme cruelty, fraudulent contract, any gross neglect of
+duty, habitual drunkenness for three years, imprisonment in
+penitentiary, procurement of divorce in another State. No limited
+divorce; but wife has an action for alimony without divorce for
+adultery, any gross neglect of duty, desertion, separation on account of
+ill treatment by husband, habitual drunkenness, sentence and
+imprisonment in penitentiary.
+
+LABOUR LAWS: No child under 14 may work in a mine. Children must go to
+school between 8 and 14. Seats and suitable toilet rooms must be
+provided for female employees. No child under 14 may be employed in any
+establishment or take part in any acrobatic, mendicant, dangerous, or
+immoral vocation. Hours for girls under 18 confined between 6 A.M. and 7
+P.M., nor may they work more than ten hours per day. No Sunday labour.
+No labour agency shall send any female to an immoral resort.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+may vote for members of boards of education, but not for State
+commissioner nor on bonds and appropriations. They cannot be notaries.
+206 women in ministry, 40 dentists, 151 journalists, 66 lawyers, 451
+doctors, 26 professors, 337 saloon keepers, 15 bankers, 62 commercial
+travellers, 31 carpenters, etc.
+
+
+_Oklahoma_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 214,359; female 182,972.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property
+absolutely. If husband or wife dies intestate, leaving one child or
+lawful issue of child, survivor receives one third of the estate;
+otherwise one half. If there are no kin, survivor takes all. Husband is
+guardian of children, and is expected to provide; but law assigns no
+penalty if he does not.
+
+DIVORCE: Absolute for bigamy, desertion for one year, impotence,
+pregnancy of wife at time of marriage by other than husband, extreme
+cruelty, fraudulent contract, habitual drunkenness, gross neglect of
+duty, conviction and imprisonment for felony after marriage.
+
+Wife may have an action for separate maintenance for any of these causes
+without applying for divorce.
+
+LABOUR LAWS: No children under 15 may be employed in any occupation
+injurious to body or morals. No Sunday labour. Ten hours per day legal
+labour for children under 14.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Women may vote for school trustees. They may be notaries public. 29
+women in ministry, 1 dentist, 5 journalists, 5 lawyers, 26 doctors, 1
+professor, 4 commercial travellers, 3 carpenters, etc.
+
+
+_Oregon_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 232,985; female 183,972.
+
+HUSBAND AND WIFE: Wife controls own earnings. By registering as a sole
+trader, she can carry on business in her own name. Civil disabilities
+are same for husband and wife except as to voting and holding office. If
+husband or wife dies intestate, and there are no descendants living,
+survivor takes whole estate. If there is issue living, the widow
+receives one half of husband's real estate and one half of his personal
+property. The widower takes a life interest in all the wife's real
+estate, whether there are children or not and all her personal property
+absolutely if there are no descendants living; otherwise one half.
+Husband and wife are equal guardians of children. Husband must provide.
+
+DIVORCE: Absolute for impotency, adultery, conviction for felony,
+habitual drunkenness for one year, wilful desertion for one year, cruel
+treatment or indignities making life burdensome.
+
+No limited divorce. Annulment if either party is one fourth negro or
+Mongolian blood.
+
+LABOUR LAWS: No Sunday labour. No child under 14 shall work in factory,
+mill, mine, telegraph, telephone, or public messenger service; and no
+child under 14 shall be employed at all during school session.
+Attendance at school compulsory between 8 and 14. Hours of work for
+children under 16 to be confined between 7 A.M. and 6 P.M. Seats must be
+provided for female employees. Ten hours a day the legal limit for
+female labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+having property in school districts have school suffrage and may be
+elected school trustees. They may be notaries. 40 women in ministry, 15
+dentists, 17 journalists, 8 lawyers, 82 doctors, 7 professors, 5 saloon
+keepers, 10 bankers, 18 commercial travellers, 7 carpenters, etc.
+
+
+_Pennsylvania_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 3,204,541; female 3,097,574.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+Wife cannot mortgage separate estate without husband's consent; cannot
+sue or be sued or contract without his consent; and in order to carry on
+business in her own name must secure special permission from the court.
+Husband is legal guardian of children, and must provide.
+
+DIVORCE: Absolute for impotence, bigamy, adultery, desertion for two
+years, cruelty or intolerable indignities, marriage within prohibited
+degrees of consanguinity or affinity, fraud, conviction for felony for
+more than two years, lunacy for ten years.
+
+Limited divorce for desertion, turning wife out of doors, cruelty,
+adultery.
+
+LABOUR LAWS: Seats must be provided for female employees. Employment of
+females in mines forbidden. Children under 18 may not engage in any
+mendicant occupations; those under 15 may not exhibit in any place where
+liquor is sold nor take part in any acrobatic or immoral vocation.
+Sunday labour forbidden. No female may work in bakery or macaroni or
+other establishment more than twelve hours per day. Children must go to
+school between 8 and 16. No child under 16 may work in any anthracite
+coal mine. No child under 14 shall be employed in any establishment. One
+hour must be allowed for lunch. No employment bureau shall send any
+female to an immoral resort.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 290 women in ministry, 73 dentists, 125 journalists, 73
+lawyers, 601 doctors, 38 professors, 183 saloon keepers, 17 bankers, 44
+commercial travellers, 40 carpenters, etc.
+
+
+_Rhode Island_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 210,516; female 218,040.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate estate,
+subject to husband's right to curtesy. Curtesy and dower both prevail.
+Husband is legal guardian of children and must provide.
+
+DIVORCE: Absolute or limited for marriages originally void by law,
+conviction for crime involving loss of civil status, when either party
+may be presumed to be naturally dead from absence, etc., impotence,
+adultery, desertion for any time at discretion of court, continued
+drunkenness, neglect to provide, any gross misbehaviour.
+
+LABOUR LAWS: No child under 13 may be employed except during vacation.
+No child under 15 may be employed unless he or she has school
+certificate. No child under 14 to work in factory. Hours of labour for
+children under 16 confined between 6 A.M. and 8 P.M. Seats must be
+provided for all female employees. No child under 16 shall be employed
+in any acrobatic, mendicant, dangerous, or immoral occupation. Hours for
+female labour confined to ten. Sunday labour forbidden.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 24 women in ministry, 5 dentists, 7 journalists, 3 lawyers, 56
+doctors, 2 saloon keepers, 5 commercial travellers, 6 carpenters, etc.
+
+
+_South Carolina_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 664,895; female 675,421.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate estate
+absolutely. Dower prevails, but not curtesy. Husband is legal guardian
+of children, and is required to provide, but law as it stands offers
+many loopholes.
+
+DIVORCE: There are no divorce laws in South Carolina.
+
+LABOUR LAWS: Seats must be provided for female employees. Sunday labour
+forbidden. No child under 12 to work in factory, mill, or textile
+establishment, except in cases of extreme poverty duly attested; all
+such labour to be confined between 6 A.M. and 8 P.M.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women cannot be notaries. 17 women in ministry, 1 dentist, 6
+journalists, 3 lawyers, 17 doctors, 13 professors, 3 saloon keepers, 2
+commercial travellers, 13 carpenters, etc.
+
+
+_South Dakota_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 216,164; female 185,406.
+
+HUSBAND AND WIFE: Wife controls own earnings and controls separate
+estate. Joint real estate can be conveyed only by signature of both
+husband and wife, but husband can dispose of joint personal property
+without wife's consent. In order to control her separate property, wife
+must keep it recorded in the office of the county register. No dower
+and no curtesy. Survivor gets one half of estate, if there is one child
+or issue of child; otherwise one third; unless there are neither
+children nor kin, when survivor takes all. On the death of an unmarried
+child, father inherits all its property. If he is dead and there are no
+other children, mother succeeds; but if there are brothers and sisters,
+she inherits a child's share. Husband is guardian and must support; but
+if he is infirm, wife must do so.
+
+DIVORCE: Absolute for adultery, extreme cruelty, wilful desertion or
+neglect or habitual intemperance for one year, conviction of felony.
+
+No limited divorce.
+
+Party guilty of adultery cannot marry any other, except the innocent
+party, until death of latter.
+
+LABOUR LAWS: Sunday labour forbidden. No woman under 18 may labour more
+than ten hours a day. No child under 15 may work in mine, hotel,
+laundry, factory, elevator, bowling alley, or any place where liquor is
+sold. No child under 15 shall be employed at all while schools are in
+session.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+can vote for school trustees. They may be notaries. 29 women in
+ministry, 3 dentists, 4 journalists, 12 lawyers, 24 doctors, 7
+professors, 3 saloon keepers, 3 commercial travellers, etc.
+
+
+_Tennessee_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 1,021,224; female 999,392.
+
+HUSBAND AND WIFE: Husband controls wife's earnings, and wife can do
+nothing with her separate estate without his consent. Dower and curtesy
+prevail. Husband has right to all rents and profits of wife's estate. No
+law requires husband to provide. Husband is guardian of children.
+
+DIVORCE: Absolute for impotence, bigamy, adultery, desertion for two
+years, conviction for felony, attempted murder, pregnancy of woman at
+time of marriage without knowledge of husband, habitual drunkenness.
+
+Limited for wife only for cruel treatment by husband or intolerable
+indignities, and desertion or refusal to provide.
+
+Party guilty of adultery cannot marry person with whom adultery has been
+committed during life of former partner.
+
+LABOUR LAWS: No Sunday labour. No child under 14 may be employed in
+factory, workshop, or mine. Seats must be provided for female employees.
+Hours for labour of women confined to 60 per week.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 30 women in ministry, 1 dentist, 19 journalists, 14 lawyers,
+48 doctors, 9 professors, 6 saloon keepers, 4 bankers, 16 commercial
+travellers, 6 carpenters, etc.
+
+
+_Texas_
+
+AGE OF LEGAL CONSENT: 15.
+
+POPULATION: Male 1,578,900; female 1,469,810.
+
+HUSBAND AND WIFE: Husband controls wife's earnings and wife can do
+nothing with her separate property without his consent. No dower or
+curtesy. Husband and wife succeed equally to each other's estate.
+Husband is guardian of children and may be required to provide out of
+his wife's estate.
+
+DIVORCE: Absolute for excesses or outrages; in favour of husband when
+wife is taken in adultery or has deserted him for three years; in favour
+of wife, if husband has deserted her for three years or has abandoned
+her and lives in adultery with another woman. In favour of either
+husband or wife on conviction for felony.
+
+No limited divorce.
+
+LABOUR LAWS: No Sunday labour. No child under 12 may be employed in any
+establishment using machinery. No females shall be employed in any place
+where liquor is sold except immediate members of owner's family.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women can be notaries. 50 women in ministry, 12 dentists, 51
+journalists, 17 lawyers, 100 doctors, 3 professors, 26 saloon keepers,
+18 bankers, 29 commercial travellers, 12 carpenters, etc.
+
+
+_Utah_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 141,687; female 135,062.
+
+HUSBAND AND WIFE: Wife controls own earnings. No dower or curtesy.
+Husband and wife succeed equally to each other's estate at death. Woman
+controls separate estate absolutely. Husband is legal guardian of
+children. There is no penalty for non-support.
+
+DIVORCE: Absolute for impotence, adultery, desertion for one year,
+neglect to provide, habitual drunkenness, conviction of felony, cruel
+treatment causing bodily injury or mental distress, permanent insanity.
+
+No limited divorce; but wife has an action for separate maintenance in
+case of desertion or neglect to provide on part of husband.
+
+LABOUR LAWS: No females may work in mines. No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full
+suffrage; therefore all offices are open to women. 20 women in ministry,
+5 dentists, 7 journalists, 1 lawyer, 34 doctors, 2 saloon keepers, 1
+banker, 3 commercial travellers, 1 carpenter, etc.
+
+
+_Vermont_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Males 175,138; females 168,503.
+
+HUSBAND AND WIFE: Wife controls own earnings and controls separate
+property. No dower or curtesy. Husband and wife have same powers of
+mutual inheritance, except that widower does not take his wife's
+personal property. Husband is guardian of children and must support.
+
+DIVORCE: Absolute or limited for adultery, sentence to hard labour,
+intolerable severity, desertion for three years, neglect to provide,
+absence for seven years without being heard from.
+
+LABOUR LAWS: No child under 16 to be employed after 8 P.M. No child
+under 12 may work in mill, factory, railroad, quarry, or messenger
+service. No female shall be employed in barrooms. No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage. They may be notaries. 17 women in ministry, 3
+dentists, 15 journalists, 21 doctors, 1 professor, 2 saloon keepers, 11
+commercial travellers, 3 carpenters, etc.
+
+
+_Virginia_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 925,897; female 928,287.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property
+absolutely. Dower and curtesy prevail. Husband is guardian of children
+and must support.
+
+DIVORCE: Absolute for adultery, impotence, sentence to penitentiary,
+conviction of an infamous offence prior to marriage without knowledge of
+other party, desertion for three years, pregnancy of wife at time of
+marriage or previous prostitution without knowledge of husband.
+
+Limited for cruelty, reasonable apprehension of bodily hurt, desertion.
+
+LABOUR LAWS: Seats must be provided for female employees. Hours of
+female labour confined to ten. No child under 12 may work in factory or
+mine; no child under 14 shall work between 6 P.M. and 7 A.M. No child
+under 14 shall be hired for any mendicant, acrobatic, dangerous, or
+immoral occupation. No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL, AND PROFESSIONAL STATUS: No
+suffrage. 37 women in ministry, 1 dentist, 12 journalists, 7 lawyers, 32
+doctors, 20 professors, 19 saloon keepers, 13 commercial travellers, 9
+carpenters, etc.
+
+
+_Washington_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 304,178; female 213,925.
+
+HUSBAND AND WIFE: Wife controls own earnings and controls separate
+estate; but control of community property is vested absolutely in the
+husband; this includes everything acquired after marriage by the joint
+or separate efforts of either. Husband and wife have equal rights of
+inheritance to one another's estate; but are not equal guardians of the
+children, as husband can exclude wife by will. Support of the family is
+chargeable upon the property of both husband or wife, or either of them.
+No dower or curtesy.
+
+DIVORCE: Absolute for any cause deemed by court sufficient, when court
+is satisfied that parties can no longer live together, fraudulent
+contract, adultery, impotence, desertion for one year, cruel treatment,
+habitual drunkenness, neglect to provide, imprisonment.
+
+No limited divorce.
+
+LABOUR LAWS: No female may be employed in a mine. Every profession and
+occupation open to women, but they may not hold public office. No Sunday
+labour. Females shall not be employed in any place where liquor is sold.
+Seats must be provided for female employees. Hours limited to ten. No
+child under 14 shall labour in factory, mill, or workshop except at
+discretion of juvenile judge. Children must go to school between 8 and
+15.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school and bond suffrage, but cannot vote for State or county
+superintendents. 38 women in ministry, 7 dentists, 13 journalists, 13
+lawyers, 62 doctors, 3 professors, 8 saloon keepers, 1 banker, 8
+commercial travellers, etc.
+
+
+_West Virginia_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 499,242; female 459,558.
+
+HUSBAND AND WIFE: Wife controls own earnings, but cannot sell or
+encumber her separate property without husband's consent. Husband is
+legal guardian and must provide. Dower and curtesy prevail.
+
+DIVORCE: Absolute for adultery, impotence, imprisonment in penitentiary,
+conviction of an infamous offence before marriage, desertion for three
+years, pregnancy of wife at time of marriage or prostitution before
+without knowledge of husband, in favour of wife when husband was
+notoriously a licentious person before marriage without her knowledge.
+
+Limited for cruelty, reasonable apprehension of bodily hurt, desertion,
+habitual drunkenness.
+
+LABOUR LAWS: No Sunday labour. No child under 12 may work in factory or
+mill and no child under 14 shall be employed during school session. No
+child under 15 may be employed in any mendicant, acrobatic, immoral, or
+dangerous occupation, nor in any place where liquor is sold. Seats must
+be provided for female employees. No female may work in mine.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women cannot be notaries. 26 women in ministry, 4 dentists, 4
+journalists, 4 lawyers, 18 doctors, 4 professors, 9 saloon keepers, 2
+bankers, 3 commercial travellers, 2 carpenters, etc.
+
+
+_Wisconsin_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 1,067,562; female 1,001,480.
+
+HUSBAND AND WIFE: Wife controls own earnings. Assignment of wages of
+husband must have wife's written consent. Wife controls separate
+property absolutely. Dower and curtesy prevail. Husband is guardian of
+children and must provide.
+
+DIVORCE: Absolute for impotence, adultery, sentence to imprisonment for
+three years prior to marriage. Limited or absolute for desertion for one
+year, cruelty, habitual drunkenness, neglect to provide, conduct of
+husband rendering it improper or unsafe for wife to live with him.
+
+LABOUR LAWS: Female labour confined to eight hours per day. No child
+under 14 may work in factory, workshop, bowling alley, or mine. Children
+between 14 and 16 must get permission from juvenile judge. No child
+under 16 shall be employed on dangerous machinery. None under 14 shall
+take part in theatrical or circus exhibition as musician unless
+accompanied on tours by parent or guardian. Authorities shall in all
+cases determine whether occupation is dangerous or immoral for children
+under 14. No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage. They may be notaries. 65 women in ministry, 24
+dentists, 32 journalists, 23 lawyers, 154 doctors, 12 professors, 143
+saloon keepers, 2 bankers, 27 commercial travellers, 9 carpenters, etc.
+
+
+_Wyoming_
+
+AGE OF LEGAL CONSENT: 21.
+
+POPULATION: Male 58,184; female 34,347.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property
+absolutely. Neither dower nor curtesy prevail. Husband and wife have
+same rights of mutual inheritance. Husband is legal guardian of
+children, but there is no penalty if he does not provide.
+
+DIVORCE: Absolute for adultery, impotence, conviction for felony,
+desertion for one year, habitual drunkenness, extreme cruelty, neglect
+to provide for one year, intolerable indignities, vagrancy of husband,
+conviction of felony prior to marriage unknown to other party, pregnancy
+of wife at time of marriage unknown to husband.
+
+No limited divorce.
+
+LABOUR LAWS: No female shall work in mine. Acrobatic, mendicant,
+dangerous, or immoral occupations forbidden to children under 14. No
+Sunday labour. Seats must be provided for female employees.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full
+suffrage. Women are eligible for all offices. 2 women in ministry, 2
+journalists, 12 doctors, 1 professor, no saloon keepers, lawyers, or
+dentists, 2 carpenters, etc.
+
+
+In studying these tables, it should be remembered that new laws are
+being made constantly; and that the census of 1910 will give figures
+which as soon as they appear must supersede those of 1900.
+
+
+SOURCES
+
+I. The Statutes of the Several States, from earliest times to the
+present day. Published by Authority.
+
+II. All newspapers and periodicals.
+
+III. The Census Reports, especially the various separate reports such as
+that on "Marriage and Divorce"; and the Reports of the Commissioner of
+Labour.
+
+IV. The History of Woman Suffrage: edited by Elizabeth Cady Stanton,
+Susan B. Anthony, Matilda Joslyn Gage, and Ida Husted Harper, 4 vols.
+[First two published by Fowler and Wells, New York, 1881 and 1882; last
+two by Susan B. Anthony, Rochester, 1887 and 1902.]
+
+V. The Encyclopedia of Social Reforms: edited by William D.P. Bliss,
+with the Co-operation of many Specialists. Funk and Wagnalls, New York
+and London, 1898.
+
+
+NOTES:
+
+[410] See, for example, the account in the _New York Tribune_, Sept. 8,
+9, and 12, 1853, of what happened at the Women's Rights Convention at
+that time.
+
+[411] In 1900 there were 7399 female physicians and surgeons in the
+United States, and 808 female dentists.
+
+[412] In 1900 there were 1049 women lawyers in the United States. The
+above statements are from Bliss, _Encyc_., p. 1291.
+
+[413] In 1900 there were 3405 women clergy in the United States.
+
+[414] In 1900 there were 2193 women journalists in the United States.
+This does not, of course, include women reporters and the like.
+
+
+
+
+CHAPTER IX
+
+GENERAL CONSIDERATIONS
+
+
+It is twenty-three centuries since Plato gave to the world his
+magnificent treatise on the State. The dream of the Greek philosopher of
+equal rights for all intelligent citizens, among whom he includes women,
+has in large part been realised; but much is yet wanting to bring
+society to the standard of the Ideal Republic. In not a few States of
+the world the conditions affecting property rights are inequitable; in
+all but very few States woman is still barred from the field of politics
+and from the legitimate rights of citizenship; and the day seems far
+distant when the States possessing a representative government will be
+prepared to accept the woman citizen as eligible for administrative
+positions.
+
+It will, therefore, be my purpose in this chapter first to consider five
+of the most serious objections to the granting of equal suffrage, that
+is to say, to the concession to women of full citizens' rights under the
+law. It will be found that these objections are based on a presumed
+inferiority of women to men in various respects. I shall give
+consideration next in order to the question of the inferiority or
+superiority of one sex over the other. In view, furthermore, of the new
+ferment in thought in modern society, it will be useful to analyse
+certain habits of mind and to indicate the necessity for a readjustment
+of old beliefs in the light of recent evolution. I shall conclude my
+history with a suggestion for definite reforms which, I believe, must be
+brought about, whether equal suffrage is granted or not, before women
+can attain their maximum of efficiency.
+
+The opposition to the granting of equal suffrage is, as I have said,
+based mainly upon five classes of contentions:
+
+  I. The theological.
+ II. The physiological.
+III. The social or political.
+ IV. The intellectual.
+  V. The moral.
+
+A consideration and an analysis of these five classes of objections will
+constitute a summary of the relations of woman to the community, and may
+also serve as a guide or suggestion to the possibility of a legitimate
+development, in the near future, of her rights as a citizen.
+
+I. The theological argument is based upon the distinctly evil conception
+of woman, presented in _Genesis_, as the cause of misery in this world
+and upon the subordinate position assigned to her by Paul and Peter.
+Christ himself has left us no teachings on the subject. The Hebrew and
+Oriental creed of woman's sphere permeated the West as Christianity
+expanded and forced to extinction the Roman principle of equality. Only
+within fifty years, has the female sex regained the rights enjoyed by
+women under the law of the Empire seventeen centuries ago. The Apostolic
+theory of complete subordination gained strength with each succeeding
+age. I have already cited instances of ecclesiastical vehemence. As a
+final example I may recall that when, early in the nineteenth century,
+chloroform was first used to help women in childbirth, a number of
+Protestant divines denounced the practice as a sin against the Creator,
+who had expressly commanded that woman should bring forth in sorrow and
+tribulation. Yet times have so far changed within two decades that the
+theological argument is practically obsolete among Protestants, although
+it is still influential in the Roman Catholic Church, which holds fast
+to the doctrine laid down by the Apostles. We may say, however, that of
+all the objections, the theological has, in practice, the least weight
+among the bulk of the population. The word _obey_ in the clerical
+formula _love, honour, and obey_ provokes a smile.
+
+II. The physiological argument is more powerful. Its supporters assert
+that the constitution of woman is too delicate, too finely wrought to
+compete with man in his chosen fields. The physiological argument makes
+its appearance most persistently in the statement that woman should have
+no vote because she could not defend her property or her country in
+time of war. In reply to this some partisans of equal suffrage have
+thought it necessary to prove that women are physically equal in all
+respects to men. But the issues between nations which in the centuries
+past it had been believed could be adjusted only by war, by being fought
+out (not, of course, to any logical conclusion, but to a result which
+showed simply that one party was stronger than the other), are now, in
+the great majority of cases, determined by the more reasonable, the more
+civilised, method of arbitration.
+
+As a matter of fact, the cause of woman's rights will suffer no harm by
+a frank admission that women are not, in general, the peers of men in
+brute force. The very nature of the female sex, subjected, as it is, to
+functional strains from which the male is free, is sufficient to
+invalidate such a claim. A refutation of the physiological objection to
+equal suffrage is, however, not hard to find. Even in war, as it is
+practised to-day, physical force is of little significance compared with
+strategy which is a product of the intellect. In a naval battle for
+instance, ships no longer engage at close range, where it is possible
+for the crew of one to board the opposing ship and engage in hand to
+hand conflict with the enemy; machinery turns the guns and even loads
+them; the whole fight is simply a contest between trained gunners, who
+must depend for success on cool mathematical computation.
+
+Nevertheless, it is true that under stress or the need of making a
+livelihood women in many instances do show physical endurance equal to
+that of men. Women who are expert ballet dancers and those who are
+skilled acrobats can hardly be termed physiological weaklings. In
+Berlin, you may see women staggering along with huge loads on their
+backs; in Munich, women are street-cleaners and hod-carriers; on the
+island of Capri, the trunk of the tourist is lifted by two men onto the
+shoulder of a woman, who carries it up the steep road to the village. In
+this country many women are forced to do hard bodily labour ten hours a
+day in sweat-shops. In all countries and in all ages there have been
+examples of women who, disguised as men, have fought side by side with
+the male and with equal efficiency. The case of Joan of Arc will at once
+occur to the reader; and those who are curious about this subject may,
+by consulting the records of our Civil War, find exciting material in
+the story of "Belle Boyd," "Frank Miller," and "Major Cushman."[415]
+
+Doubtless women are stronger physically than they were a half-century
+ago, when it was considered unladylike to exercise. If you will read the
+novels of that time, you will find that the heroine faints on the
+slightest provocation or weeps copiously, like Amelia in _Vanity Fair_,
+whenever the situation demands a grain of will-power or of
+common-sense. But to-day women seldom faint or weep in literature; they
+play tennis or row. When, in 1844, Pauline Wright Davis lectured on
+physiology before women in America and displayed the manikin, some of
+her auditors dropped their veils, some ran from the room, and some
+actually became unconscious, because their sense of delicacy was put to
+so sharp a test.
+
+It should be borne in mind, in connection with the contention that the
+privileges of a citizen ought to be accorded only to those persons who
+are physically capable of helping to defend the community by force, that
+no such principle is applied in fixing the existing qualifications for
+male citizenship. A large number of the voters of every community are,
+on the ground either of advanced years or of invalidism, physically
+disqualified for service as soldiers, sailors, or policemen. This group
+of citizens includes a very large proportion of the thinking power of
+the community. No intelligently directed state would, however, be
+prepared to deprive itself of the counsels, of the active political
+co-operation, and of the service from time to time in the responsibility
+of office, of men of the type of Gladstone (at the age of seventy-five),
+of John Stuart Mill (always a physical weakling), of Washington (serving
+as President after he was sixty), on the ground that these citizens were
+no longer capable of carrying muskets in the ranks.
+
+Any classification of citizens, any privileges extended to voters,
+ought, of course, to be arrived at on a consistent and impartial
+principle.
+
+Further, under the conditions obtaining in this twentieth century,
+governments, whether of nations, of states, or of cities, are carried on
+not by force but by opinion. In the earlier history of mankind, each
+family was called upon to maintain its existence by physical force. The
+families the members of which (female as well as male) were not strong
+enough to fight for their existence were crushed out. Par into the later
+centuries, issues between individuals were adjusted by the decision of
+arms. Up to within a very recent date, it may be admitted that issues
+between nations could be settled only by war. It is, however, at this
+time the accepted principle of representative government in all
+communities that matters of policy are determined by the expression of
+opinion, that is by means of the votes given by the majority of its
+citizens. It is by intelligence and not by brute force that the world is
+now being ruled, and with the growth of intelligence and a better
+understanding of the principles of government, it is in order not only
+on the grounds of justice but for the best interests of the state to
+widen the foundations of representative government, so as to make
+available for voting and for official responsibilities all the
+intelligence that is comprised within the community. This is in my
+judgment the most conclusive reply to the objection that the physical
+weakness of woman unfits her for citizenship.
+
+III. According to the social or political argument, if woman is given
+equal rights with man, the basis of family life, and hence the
+foundation of the state itself, is undermined, as a house divided
+against itself cannot stand. It is said that (1) there must be some one
+authority in a household and that this should be the man; (2) woman will
+neglect the home if she is left free to enter politics or a profession;
+(3) politics will degrade her; (4) when independent and self-asserting
+she will lose her influence over man; and (5) most women do not want to
+vote or to enter politics.
+
+It is astonishing with what vehemence men will base arguments on pure
+theory and speculation, while they wilfully close their eyes to any
+facts which may contradict their assumptions. It is inconceivable to a
+certain type of mind that a husband and wife can differ on political
+questions and may yet maintain an even harmony, while their love abates
+not one whit. In the four States where women vote--Wyoming, Colorado,
+Utah, and Idaho--there is no more divorce than in other States; and any
+one who has travelled in these communities can attest that no domestic
+unhappiness results from the suffrage. Nor does it in New Zealand.
+
+It is said that there must be some one supreme authority; but this
+depends on the view taken of marriage. Under the old Common Law, the
+personality of the wife was merged completely in that of her husband;
+marriage was an absolute despotism. Under the Canon Law, woman is man's
+obedient and unquestioning subject; marriage is a benevolent despotism.
+To-day people are more inclined to look upon matrimony as a partnership
+of equal duties, rights, and privileges.
+
+Sophocles argued in one of his tragedies that children belong entirely
+to the father, that the mother can assert no valid claim for anything.
+Lawyers have found this logic excellent; and the records are full of
+instances of children being taken from a hard-working mother in order to
+be handed over to a drunken father who wants their wages for his
+support. It is no longer so in most states. Civilisation has advanced so
+far, that the pains of bringing forth and raising children are
+acknowledged to give the mother a right almost equal to that of the
+father to determine all that concerns the child. There is some reason,
+therefore, for believing that she should have a voice also in passing
+upon laws which may make or undo for ever the welfare of the boys and
+girls for whom she struggles during the years that they are growing to
+manhood and womanhood. Men are for the greater part so engrossed in
+business that on certain questions they are far less competent to be
+"authorities" than women. Against stupid pedagogy, against red-tape,
+against the policy that morality must never interfere with business
+principles, against civic dirtiness, against brothel and saloon, women
+are more active than men, because they see more clearly how vitally the
+interests of their children are affected by these evil conditions.
+Wherever women vote, these questions are to the fore.
+
+Closely connected with the "one authority" argument is the old
+contention, so often resorted to and relied upon, that women, if they
+are permitted to vote, will neglect the home, and that, if the
+professions are opened to them, they will find these too absorbingly
+attractive. Much weight should, however, be given to the great power of
+the domestic instinct implanted in the nature of woman. In the States
+where women vote and are eligible for political offices, there are fewer
+unmarried women in proportion to the population than in States where
+they have no such rights. The great leaders of the woman suffrage
+movement from Mrs. Stanton to Mrs. Snowden have in their home circle led
+lives as beautiful and have raised families as large and as well
+equipped morally and intellectually as those who are content to sit by
+the fire and spin.
+
+Thus far I have argued from the orthodox view, that matrimony ought to
+be the goal of every woman's ambition. But if a woman wishes to remain
+single and devote herself exclusively to the realisation of some ideal,
+it is hard to see why she should not. Men who take this course are
+eulogised for their noble self-sacrifice in immolating themselves for
+the advancement of the cause of civilisation; women who do precisely the
+same thing are sometimes unthinkingly spoken of in terms of contempt or
+with that complacent pity which is far worse. It is difficult for us to
+realise adequately what talented women like Rosa Bonheur had to undergo
+because of this curious attitude of humanity.
+
+"The home is woman's sphere." This shibboleth is the logical result of
+the attitude mentioned. Doubtless, the home is woman's sphere; but the
+home includes all that pertains to it--city, politics and taxes, laws
+relating to the protection of minors, municipal rottenness which may
+corrupt children, schools and playgrounds and museums which may educate
+them. Few doctrines have been productive of more pain than the "woman's
+sphere" argument. It is this which has, for a thousand years, made the
+unmarried woman, the _Old Maid_, the butt of the contemptible jibes of
+Christian society, whereof you will find no parallel in pagan antiquity.
+Dramatic writers have held her up to ridicule on the stage on account of
+the peculiarities of character which are naturally acquired when a
+person is isolated from participation in the activities of life. It is
+the doctrine which has made women glad to marry drunkards and rakes, to
+bring forth children tainted with the sins of their fathers, and to
+suffer hell on earth rather than incur the ridicule of the Christian
+gentleman who may, without incurring the protest of society, remain
+unmarried and sow an unlimited quantity of wild oats. It is this
+doctrine which was indirectly responsible for the hanging and burning of
+eccentric old women on the charge that they were witches. As men found a
+divine sanction for keeping women in subjection, so in those days of
+superstition did they blaspheme their Creator by digging out of the Old
+Testament, as a justification for their brutality, the text, "Thou shalt
+not suffer a witch to live."
+
+"Politics will degrade women"--this naïve confession that politics are
+rotten is a fairly strong argument that some good influence is needed to
+make them cleaner. Generally speaking, it is difficult to imagine how
+politics could be made any worse. If a woman cannot go to the polls or
+hold office without being insulted by rowdies, her vote will be potent
+to elect officials who should be able to secure for the community a
+standard of reasonable civilisation. There is no case in which more
+sentimentality is wasted. Lovely woman is urged not to allow her beauty,
+her gentleness, her tender submissiveness to become the butt of the
+lounger at the street corner; and in most instances lovely woman, like
+the celebrated Maître Corbeau, is cajoled effectively. Meanwhile the
+brothel and the sweat-shop continue on their prosperous way. By a
+curious inconsistency, man will permit woman to help him out of a
+political dilemma and will then suavely remark that suffrage will
+degrade her.
+
+During the Civil War, Anna Dickinson by her remarkable lecture
+entitled, "The National Crisis" saved New Hampshire and Connecticut for
+the Republicans; Anna Carroll not only gave such a crushing rejoinder to
+Breckinridge's secession speech that the government printed and
+distributed it, but she also, as is now generally believed, planned the
+campaign which led to the fall of Forts Henry and Donelson and opened
+the Mississippi to Vicksburg. How many men realise these facts?
+
+The theory that politics degrade women will not find much support in
+such States as Colorado and Wyoming. Here, where equal suffrage obtains,
+women have been treated with uniform courtesy at the polls; they have
+even been elected to legislatures with no diminution of their
+womanliness; and the House of Wyoming long ago made a special resolution
+of its approval of equal rights and attested the beneficial results that
+have followed the extension of the suffrage to women.[416] Judge Lindsey
+of Colorado has said that his election, and consequent power to work out
+his great reforms in juvenile delinquency, was due to the backing of
+women at a time when men, for "business reasons," were averse to extend
+their aid. "No one would dare to propose its repeal [i.e., the repeal of
+equal suffrage], and if left to the men of the State any proposition to
+revoke the rights bestowed on women would be overwhelmingly defeated."
+Experience in Colorado and elsewhere has shown that any important moral
+issue will bring out the women voters in great force; but after election
+they are content to resume their domestic duties; and they have shown no
+great desire for political office.[417]
+
+Before I leave the discussion as to whether politics degrade women, it
+will not be out of place to consider the question whether certain women
+may not, if they have a vote, degrade politics. Of such women there are
+two classes--the immoral and the merely ignorant. As to the former, much
+fear has been expressed that they would be the very agents for
+unscrupulous politicians to use at the polls. Exact data on this matter
+are not available. I shall content myself with quoting a statement by
+Mrs. Ida Husted Harper[418]:
+
+"That 'immoral' class," said Mrs. Harper, "is a bogey that has never
+materialised in States where women have the suffrage. Those women don't
+vote. Indeed, Denver's experience has been interesting in that respect.
+When equal suffrage was first granted, women of that class were
+compelled by the police to register. It was a question of doing as the
+police said, of course, or being arrested. The women did not want to
+vote. They don't go under their real names; they have no fixed
+residence, and so on. Anyway, the last thing they wanted was to be
+registered voters.
+
+"But the corrupt political element needed their vote, and were after it,
+through the police. These women actually appealed to a large woman's
+political club to use its influence to keep the police from forcing them
+to register. A committee was appointed; it was found that the story was
+true; coercion was stopped, and the women's vote turned out the chief of
+police who attempted it. There is now no coercion, and this class simply
+pays no attention to politics at all."
+
+The doubling of the number of ignorant voters by giving all women alike
+the ballot would be a more serious affair. A remedy for that, however,
+lies in making an educational test a necessary qualification for all
+voters. In this connection the remarks of Mr. G.H. Putnam are
+suggestive[419]: "If I were a citizen of Massachusetts or of any State
+which, like Massachusetts, possesses such educational qualification, I
+should be an active worker for the cause of equal suffrage. As a citizen
+of New York who has during the last fifty years done his share of work
+in the attempt to improve municipal conditions, I am forced to the
+conclusion that it will be wiser to endure for a further period the
+inconsistency, the stupidity, and the injustice of the disfranchisement
+of thousands of intelligent women voters rather than to accept the
+burden of an increase in the mass of unintelligent voters. The first
+step toward 'equal suffrage' will, in my judgment, be a fight for an
+educational qualification for all voters."
+
+Those who maintain that when women are independent and self-asserting,
+they will lose their influence over men, assume that we view things
+to-day as they did a century ago and that the thoughts of men are not
+widened with the progress of the suns. The woman who can share the
+aspirations, the thoughts, the complete life of a man, who can
+understand his work thoroughly and support him with the sympathy born of
+perfect comprehension, will exert a far vaster influence over him than
+the milk-and-water ideal who was advised "to smile when her husband
+smiled, to frown when he frowned, and to be discreetly silent when the
+conversation turned on subjects of importance." It is a good thing for
+women to be self-asserting and independent. There is and always has been
+a class of men who, like Mr. Murdstone, are amenable to justice and
+reason only when they know that their proposed victim can at any time
+break the chains with which they would bind her.
+
+This brings us to the last of the social or political arguments, viz.,
+"Most women do not want to vote."[420] Precisely the same argument has
+been used by slave owners from time immemorial--the slaves do not wish
+to be free. As Professor Thomas writes[421]: "Certainly the negroes of
+Virginia did not greatly desire freedom before the idea was developed by
+agitation from the outside, and many of them resented this outside
+interference. 'In general, in the whole western Sahara desert, slaves
+are as much astonished to be told that their relation to their owners is
+wrong and that they ought to break it, as boys amongst us would be to be
+told that their relation to their fathers was wrong and ought to be
+broken.' And it is reported from eastern Borneo that a white man could
+hire no natives for wages. 'They thought it degrading to work for wages,
+but if he would buy them, they would work for him.'" It is akin to the
+old contention of despots that when their subjects are fit for freedom,
+they will make them free; but nobody has ever seen such a time.
+
+Reform of evil conditions does not come from below; leaders with visions
+of the future must point the way. I once heard of a very respectable
+lady of Boston who exclaimed indignantly against certain proposed
+changes in child labour laws in North Carolina, where she owned shares
+in a cotton mill. She maintained that the children who worked at the
+looms ten hours a day expressed no discontent; it kept them off the
+streets; and the operators, in the kindness of their hearts, had
+actually had the looms made especially to accommodate conveniently the
+diminutive size of the little workers. Some people might, with great
+profit to themselves, read Plato's superb allegory of the men in the
+cave.
+
+The fact that various women's associations have been instituted in
+opposition to the extension of woman suffrage--as in Boston and New
+York--is no argument for depriving all women of the franchise. If the
+women who compose these societies do not care to vote, they do not need
+to; but they have no right to deprive of their rights those who do so
+desire. It is said that good women will not go to the polls; yet there
+are in every large city hundreds of respectable males who disdain to
+vote. A woman is more likely to have a sense of duty to vote than a man.
+It is the old cry, "Don't disturb the old order of things. If you make
+us think for ourselves, we shall be so unhappy." So Galileo was brought
+to trial, so Anne Hutchinson was banished; and so persecuted they the
+prophets before them.
+
+IV. Another argument that is made much of is the intellectual
+inferiority of woman. For ages women were allowed nor higher education
+than reading, writing, and simple arithmetic, often not even these; yet
+Elizabeth Barrett Browning, George Sand, George Eliot, Harriet
+Martineau, Jane Austen, and some scores of others did work which showed
+them to be the peers of any minds of their day. And if no woman can
+justly claim to have attained an eminence such as that of Shakespeare in
+letters or of Darwin in science, we may question whether Shakespeare
+would have been Shakespeare or Darwin Darwin if the society which
+surrounded them had insisted that it was a sin for them to use their
+minds and that they should not presume to meddle with knowledge. When a
+girl for the first time in America took a public examination in
+geometry, in 1829, men wagged their heads gravely and prophesied the
+speedy dissolution of family and state.
+
+To the list of women whose service for their fellows would have been
+lost if the old-time barriers had been maintained, may be added the name
+of the late Dr. Mary Putnam Jacobi. Mary Putnam secured her preliminary
+medical education in the early '60's, and found herself keenly troubled
+and dissatisfied at the inadequacy of the facilities extended to women
+for the study of medicine. She insisted that if women practitioners were
+to be, as she expressed it, "turned loose" upon the community with
+license to practise, they should, not only as a matter of justice to
+themselves but of protection for the women and children whose lives they
+would have in their hands, be properly qualified.
+
+At the time in question, the medical profession took the ground that
+women might enjoy the benefit of a little medical education but they
+were denied the facilities for any thorough training or for any research
+work. Mary Putnam secured her graduate degree from the great medical
+school of the University of Paris, being the first woman who had been
+admitted to the school since the fourteenth century. Returning after six
+years of thorough training, she did much during the remaining years of
+her life to secure and to maintain for women physicians the highest
+possible standard of training and of practice. It was natural that with
+this experience of the requirement of equal facilities for women in her
+own work, she should always have been a believer in the extension of
+equal facilities for any citizen's work for which, after experience,
+women might be found qualified. She was, therefore, an ardent advocate
+of equal suffrage.
+
+One needs but recall the admirable intellectual work of women to-day to
+wonder at the imbecility of those who assert that women are
+intellectually the inferiors of men. Madame Curie in science, Miss
+Tarbell in political and economic history, Miss Jane Addams in
+sociological writings and practice, the Rev. Anna Howard Shaw in the
+ministry, Mrs. Hetty Green in business, are a few examples of women
+whose mental ability ought to bring a blush to the Old Guard. Mrs.
+Harriman and Mrs. Sage, who manage properties of many millions, are
+denied the privilege of voting in regard to the expenditure of their
+taxes; but every ignorant immigrant can cast a vote, thanks to the
+doctrine that the political acumen of a man, however degraded, is
+superior to that of a woman, however great her genius--an admirable
+obedience to the saw in Ecclesiasticus that the badness of men is better
+than the goodness of women. Let me quote again from Professor Thomas:
+"The men have said that women are not intelligent enough to vote, but
+the women have replied that more of honesty than of intelligence is
+needed in politics at present, and that women certainly do not represent
+the most ignorant portion of the population. They claim that voting is a
+relatively simple matter anyway, that political freedom 'is nothing but
+the control of those who do make politics their business by those who do
+not,' and that they have enough intelligence 'to decide whether they are
+properly governed, and whom they will be governed by.' They point out
+also that already, without the ballot, they are instructing men how to
+vote and teaching them how to run a city; that women have to journey to
+the legislature at every session to instruct members and committees at
+legislative hearings, and that it is absurd that women who are capable
+of instructing men how to vote should not be allowed to vote themselves.
+To the suggestion that they would vote like their husbands and that so
+there would be no change in the political situation, women admit that
+they would sometimes vote like their husbands, because their husbands
+sometimes vote right; but ex-Chief-Justice Fisher of Wyoming says: 'When
+the Republicans nominate a bad man and the Democrats a good one, the
+Republican women do not hesitate a moment to "scratch" the bad and
+substitute the good. It is just so with the Democrats; hence we almost
+always have a mixture of office-holders. I have seen the effects of
+female suffrage, and, instead of being a means of encouragement to fraud
+and corruption, it tends greatly to purify elections and to promote
+better government.' Now, 'scratching' is the most difficult feature of
+the art of voting, and if women have mastered this, they are doing very
+well. Furthermore, the English suffragettes have completely
+outgeneralled the professional politicians. They discovered that no
+cause can get recognition in politics unless it is brought to the
+attention, and that John Bull in particular will not begin to pay
+attention 'until, you stand on your head to talk to him.' They regretted
+to do this, but in doing it they secured the attention and interest of
+all England. They then followed a relentless policy of opposing the
+election of any candidate of the party in power. The Liberal men had
+been playing with the Liberal women, promising support and then laughing
+the matter off. But they are now reduced to an appeal to the maternal
+instinct of the women. They say it is unloving of them to oppose their
+own kind. Politics is a poor game, but this is politics."
+
+V. The last objection I would call the _moral_. It embraces such
+arguments as, that woman is too impulsive, too easily swayed by her
+emotions to hold responsible positions, that the world is very evil and
+slippery, and that she must therefore constantly have man to protect
+her--a pious duty, which he avows solemnly it has ever been his special
+delight to perform. The preceding pages are a commentary on the manner
+in which man has discharged this duty. In Delaware, for instance, the
+age of legal consent was until 1889 seven years. The institution of
+Chivalry, to take another example, is usually praised for the high
+estimation and protection it secured for women; yet any one who has read
+its literature knows that, in practice, it did nothing of the sort. The
+noble lord who was so gallant to his lady love--who, by the way, was
+frequently the wife of another man--had very little scruple about
+seducing a maid of low degree. The same gallantry is conspicuous in the
+Letters of Lord Chesterfield, beneath whose unctuous courtesy the beast
+of sensuality is always leering.
+
+In the past the main function of woman outside of the rearing of
+children has been to satisfy the carnal appetite of man, to prepare his
+food, to minister to his physical comfort; she was barred from
+participation in the intellectual. In order to hold her to these bonds a
+Divine Sanction was sought. The Mohammedan found it in the Koran; the
+Christian, in the Bible--just as slavery was justified repeatedly from
+the story of Ham, just as the Stuarts and the Bourbons believed firmly
+that they were the special favourites of God.
+
+Strangely enough, men who are so sensitive about the moral welfare of
+women will visit a dance hall where women are degraded nightly, and will
+allow their daughters to marry "reformed" rakes. Men will not permit any
+mention of sexual matters in their homes, and will let their children
+get their information on the street; and all for the very simple reason
+that they are afraid the truth will hurt, will make people think. Men
+have been remarkably sensitive about having women speak in public for
+their rights; but they watch with zest a woman screaming nonsense on the
+stage.
+
+It is quite possible that many women are swayed too easily by their
+emotions. We must recollect, however, that for some thousands of years
+woman has been carefully drilled to believe that she is an emotional
+creature. If a dozen people conspire to tell a man that he is looking
+badly, it is not unlikely that he will feel ill. Certainly Florence
+Nightingale and Clara Barton exhibited no lack of firmness on the
+shambles of battlefields; and there are few men living who cannot recall
+instances of women who have, in the face of disaster and evil fortune,
+shown a steady perseverance and will-power in earning a living for
+themselves and their children that men have not surpassed.
+
+Having in the preceding pages considered the five capital objections to
+the concession of equal suffrage, I shall now, in accordance with my
+plan, say something of the much-mooted question of the superiority or
+inferiority of one sex to the other. It might be concluded from the
+foregoing account that I see little difference in the aptitudes and
+powers of the sexes physically, morally, or intellectually. That does
+not necessarily follow. It is possible to conceive of each sex as the
+complement of the other; and between complements there can be no
+question either of superiority or of inferiority. The great historian of
+European Morals has analysed the constitutional differences of the sexes
+as he conceived them; and I may quote his remarks as pertinent to my
+theme. Lecky writes as follows[422]:
+
+"Physically, men have the indisputable superiority in strength, and
+women in beauty. Intellectually, a certain inferiority of the female sex
+can hardly be denied when we remember how almost exclusively the
+foremost places in every department of science, literature, and art have
+been occupied by men, how infinitesimally small is the number of women
+who have shown in any form the very highest order of genius, how many of
+the greatest men have achieved their greatness in defiance of the most
+adverse circumstances, and how completely women have failed in obtaining
+the first position, even in music or painting, for the cultivation of
+which their circumstances would appear most propitious. It is as
+impossible to find a female Raphael, or a female Handel, as a female
+Shakespeare or Newton. Women are intellectually more desultory and
+volatile than men; they are more occupied with particular instances than
+with general principles; they judge rather by intuitive perceptions than
+by deliberate reasoning or past experience. They are, however, usually
+superior to men in nimbleness and rapidity of thought, and in the gift
+of tact or the power of seizing speedily and faithfully the finer
+inflections of feeling, and they have therefore often attained very
+great eminence as conversationalists, as letter-writers, as actresses,
+and as novelists.
+
+"Morally, the general superiority of women over men is, I think,
+unquestionable. If we take the somewhat coarse and inadequate criterion
+of police statistics, we find that, while the male and female
+populations are nearly the same in number, the crimes committed by men
+are usually rather more than five times as numerous as those committed
+by women; and although it may be justly observed that men, as the
+stronger sex, and the sex upon whom the burden of supporting the family
+is thrown, have more temptations than women, it must be remembered, on
+the other hand, that extreme poverty which verges upon starvation is
+most common among women, whose means of livelihood are most restricted,
+and whose earnings are smallest and most precarious. Self-sacrifice is
+the most conspicuous element of a virtuous and religious character, and
+it is certainly far less common among men than among women, whose whole
+lives are usually spent in yielding to the will and consulting the
+pleasures of another. There are two great departments of virtue: the
+impulsive, or that which springs spontaneously from the emotions, and
+the deliberative, or that which is performed in obedience to the sense
+of duty; and in both of these I imagine women are superior to men. Their
+sensibility is greater, they are more chaste both in thought and act,
+more tender to the erring, more compassionate to the suffering, more
+affectionate to all about them.... In active courage women are inferior
+to men. In the courage of endurance they are commonly their
+superiors.... In the ethic of intellect they are decidedly inferior. To
+repeat an expression I have already employed, women very rarely love
+truth, though they love passionately what they call 'the truth' or
+opinions they have received from others, and hate vehemently those who
+differ from them. They are little capable of impartiality or doubt;
+their thinking is chiefly a mode of feeling; though very generous in
+their acts, they are rarely generous in their opinions.... They are less
+capable than men of perceiving qualifying circumstances, of admitting
+the existence of elements of good in systems to which they are opposed,
+of distinguishing the personal character of an opponent from the
+opinions he maintains. Men lean most to justice, and women to mercy. Men
+are most addicted to intemperance and brutality, women to frivolity and
+jealousy. Men excel in energy, self-reliance, perseverance, and
+magnanimity, women in humility, gentleness, modesty, and endurance....
+Their religious or devotional realisations are incontestably more
+vivid.... But though more intense, the sympathies of women are commonly
+less wide than those of men. Their imaginations individualise more,
+their affections are, in consequence, concentrated rather on leaders
+than on causes.... In politics, their enthusiasm is more naturally
+loyalty than patriotism. In history, they are even more inclined than
+men to dwell exclusively upon biographical incidents or characteristics
+as distinguished from the march of general causes."
+
+Experience, by which alone mankind has ever learned or can learn, will
+show how far the characteristics enumerated by Lecky are innate and how
+far they have been acquired in the course of ages by certain habits of
+belief and education.
+
+The securing of citizens' rights for woman will of necessity depend on
+the attitude of society. There may be numerous laws for her relief on
+the statute books; but if society frowns on her appearance in court, it
+will be only in exceptional cases that she will appeal to the courts. To
+one who is familiar with the records of daily life a hundred years ago
+there is little doubt that conjugal infidelity on the part of the
+husband was more flagrant then than it is to-day; but there were
+infinitely fewer divorces. The reason for this is simply that public
+sentiment on the subject has changed. A century ago, a divorced woman
+could do nothing; the wife was exhorted to bear her husband's faults
+with meekness; and the expansion of industry had not yet opened to her
+that opportunity of making her own living which she now possesses in a
+hundred ways. Women were entirely dependent on men; and the men knew it.
+To-day they are not so sure.
+
+The old conception of woman's position was subjection, based on mental
+and physical inferiority and supported by Biblical arguments. The newer
+conception is that of a complement, in which neither inferiority nor
+superiority finds place. The old conception was based, like every
+institution of the times, on fear. Men were warned against heresy by
+being reminded of the tortures of hell fire; against crime by appealing
+to their dread of the gallows. Between the death of Anne and the reign
+of George III one hundred and eighty-eight capital offences were added
+to the penal code; and crime at once increased to an amazing degree. In
+a system that is founded on fear, when once that fear is removed--as it
+inevitably will be with the growth of enlightenment--there remains no
+basis of action, no incentive to good. It has been tried for centuries
+and has yielded only Star Chambers and Spanish Inquisitions. It is time
+that we try a new method. An appeal to the sense of _fair play_, an
+appeal to the sense of duty and of natural affection may yield
+immeasurably superior results. It has been my experience and personal
+observation that the standard of honour in our non-sectarian schools,
+where the _fair play_ spirit is most insisted on, is vastly greater than
+it was in the old sectarian institutions where boys were told morning,
+noon, and night that they would go to hell if they did not behave.
+
+The new spirit is not going to be accepted at once by society. There
+must first be some wailing and much gnashing of teeth; and the monster,
+custom, which all sense doth eat, will still for a time be antagonistic
+as it has been in the past. "In no society has life ever been completely
+controlled by the reason," remarks Professor Thomas, "but mainly by the
+instincts and the habits and the customs growing out of these. Speaking
+in a general way, it may be said that all conduct both of men and
+animals tends to be right rather than wrong. They do not know why they
+behave in such and such ways, but their ancestors behaved in those ways
+and survival is the guaranty that the behaviour was good. We must admit
+that within the scope of their lives the animals behave with almost
+unerring propriety. Their behaviour is simple and unvarying, but they
+make fewer mistakes than ourselves. The difficulty in their condition
+is, that having little power of changing their behaviour they have
+little chance of improvement. Now, in human societies, and already among
+gregarious animals, one of the main conditions of survival was common
+sentiment and behaviour. So long as defence of life and preying on
+outsiders were main concerns of society, unanimity and conformity had
+the same value which still attaches to military discipline in warfare
+and to team work in our sports. Morality therefore became identified
+with uniformity. It was actually better to work upon some system,
+however bad, than to work on none at all, and early society had no place
+for the dissenter. Changes did take place, for man had the power of
+communicating his experiences through speech and the same power of
+imitation which we show in the adoption of fashions, but these changes
+took place with almost imperceptible slowness, or if they did not,
+those who proposed them were considered sinners and punished with death
+or obloquy.
+
+"And it has never made any difference how bad the existing order of
+things might be. Those who attempted to reform it were always viewed
+with suspicion. Consequently our practices usually run some decades or
+centuries behind our theories and history is even full of cases where
+the theory was thoroughly dead from the standpoint of reason before it
+began to do its work in society. A determined attitude of resistance to
+change may therefore be classed almost with the instincts, for it is not
+a response to the reason alone, but is very powerfully bound up with the
+emotions which have their seat in the spinal cord.
+
+"It is true that this adhesion to custom is more absolute and
+astonishing in the lower races and in the less educated classes, but it
+would be difficult to point out a single case in history where a new
+doctrine has not been met with bitter resistance. We justly regard
+learning and freedom of thought and investigation as precious, and we
+popularly think of Luther and the Reformation as standing at the
+beginning of the movement toward these, but Luther himself had no faith
+in 'the light of reason' and he hated as heartily as any papal dogmatist
+the 'new learning' of Erasmus and Hutten.... We are even forced to
+realise that the law of habit continues to do its perfect work in a
+strangely resentful or apathetic manner even when there is no moral
+issue at stake.... Up to the year 1816, the best device for the
+application of electricity to telegraphy had involved a separate wire
+for each letter of the alphabet, but in that year Francis Ronalds
+constructed a successful line making use of a single wire. Realising the
+importance of his invention, he attempted to get the British government
+to take it up, but was informed that 'telegraphs of any kind are now
+wholly unnecessary, and no other than the one in use will be adopted.'"
+
+The reader will doubtless be able to add from his own experience and
+observation examples which will support Professor Thomas's admirable
+account of the power of custom. Among many barbarous tribes certain
+foods, like eggs, are _taboo_; no one knows why they should not be
+eaten; but tradition says their use produces bad results, and one who
+presumes to taste them is put to death. To-day, we believe ourselves
+rather highly civilised; but the least observation of society must
+compel us to acknowledge that _taboo_ is still a vital power in a
+multitude of matters.
+
+There is a still more forcible opposition to a recasting of the status
+of women by those men who have beheld no complete regeneration of
+society through the extension of the franchise in four of our States.
+Curiously oblivious of the fact that partial regeneration through the
+instrumentality of women is something attained, they take this as a
+working argument for the uselessness of extending the suffrage. They
+point to other evils that have followed and tell you that if this is the
+result of the emancipation of women, they will have none of it. For
+example, there can be no doubt that one may see from time to time the
+pseudo-intellectual woman. She affects an interest in literature,
+attends lectures on Browning and Emerson, shows an academic interest in
+slum work, and presents, on the whole, a selfishness or an egotism which
+repels. There never has been a revolution in society, however beneficial
+eventually, which did not bring at least some evil in its train. I
+cannot do better in this connection than to quote Lord Macaulay's
+splendid words (from the essay on Milton): "If it were possible that a
+people, brought up under an intolerant and arbitrary system, could
+subvert that system without acts of cruelty and folly, half the
+objections to despotic power would be removed. We should, in that case,
+be compelled to acknowledge that it at least produces no pernicious
+effects on the intellectual and moral character of a people. We deplore
+the outrages which accompany revolutions. But the more violent the
+outrages, the more assured we feel that a revolution was necessary. The
+violence of these outrages will always be proportioned to the ferocity
+and ignorance of the people; and the ferocity and ignorance of the
+people will be proportioned to the oppression and degradation under
+which they have been accustomed to live. Thus it was in our civil war.
+The rulers in the church and state reaped only what they had sown. They
+had prohibited free discussion--they had done their best to keep the
+people unacquainted with their duties and their rights. The retribution
+was just and natural. If they suffered from popular ignorance, it was
+because they had themselves taken away the key to knowledge. If they
+were assailed with blind fury, it was because they had exacted an
+equally blind submission.
+
+"It is the character of such revolutions that we always see the worst of
+them at first. Till men have been for some time free, they know not how
+to use their freedom. The natives of wine-countries are always sober. In
+climates where wine is a rarity, intemperance abounds. A newly-liberated
+people may be compared to a northern army encamped on the Rhine or the
+Xeres. It is said that when soldiers in such a situation first find
+themselves able to indulge without restraint in such a rare and
+expensive luxury, nothing is to be seen but intoxication. Soon, however,
+plenty teaches discretion; and after wine has been for a few months
+their daily fare, they become more temperate than they had ever been in
+their own country. In the same manner, the final and permanent fruits of
+liberty are wisdom, moderation, and mercy. Its immediate effects are
+often atrocious crimes, conflicting errors, skepticism on points the
+most clear, dogmatism on points the most mysterious. It is just at this
+crisis that its enemies love to exhibit it. They pull down the
+scaffolding from the half-finished edifice; they point to the flying
+dust, the falling bricks, the comfortless rooms, the frightful
+irregularity of the whole appearance; and then ask in scorn where the
+promised splendour and comfort are to be found? If such miserable
+sophisms were to prevail, there never would be a good house or a good
+government in the world.... There is only one cure for the evils which
+newly acquired freedom produces--and that cure is freedom. When a
+prisoner leaves his cell, he cannot bear the light of day--he is unable
+to discriminate colours or to recognise faces. But the remedy is not to
+remand him into his dungeon, but to accustom him to the rays of the sun.
+The blaze of truth and liberty may at first dazzle and bewilder nations
+which have become half-blind in the house of bondage. But let them gaze
+on, and they will soon be able to bear it. In a few years men learn to
+reason. The extreme violence of opinion subsides. Hostile theories
+correct each other. The scattered elements of truth cease to conflict,
+and begin to coalesce. And at length a system of justice and order is
+educed out of the chaos.
+
+"Many politicians of our time are in the habit of laying it down as a
+self-evident proposition, that no people ought to be free till they are
+fit to use their freedom. The maxim is worthy of the fool in the old
+story, who resolved not to go into the water till he had learnt to swim.
+If men are to wait for liberty till they become wise and good in
+slavery, they may indeed wait for ever."
+
+The speedy dissolution of family and state was prophesied by men when
+first a girl took a public examination in geometry; whenever women have
+been given complete control of their own property; when they have been
+received into the professions and industries; and now in like manner
+people dread the condition of things that they imagine might follow if
+women are given the right to vote and to hold office. We may well
+believe, with Lecky, that there are "certain eternal moral landmarks
+which never can be removed." But no matter what our views may be of the
+destinies, characteristics, functions, or limitations of the sex,
+certain reforms are indispensable before woman and, through her, family
+life can reach their highest development. Of these reforms I shall speak
+briefly and with them close my history.
+
+I. The double standard of morality for the sexes must gradually be
+abolished.[423] Of all the sad commentaries on Christian nations none
+is so pathetic or so tragical as the fact that for nineteen centuries
+men have been tacitly and openly allowed, at least before marriage,
+unrestrained liberty to indulge in sexual vice and intemperance, while
+one false step on the part of the woman has condemned her to social
+obloquy and, frequently, to a life on the street. This strange system, a
+blasphemy against the Christ who suffered death in order to purify the
+earth, has had its defenders not merely among the uneducated who do not
+think, but even among the most acute intellects. The philosopher Hume
+justifies it by commenting on the vastly greater consequences attendant
+on vice in women than in men; divines like Jeremy Taylor have encouraged
+it by urging women meekly to bear the sins of their husbands. This
+subject is one of the great _taboos_ in modern society. Let me exhort
+the reader to go to any physician and get from him the statistics of
+gonorrhea and syphilis which he has met in his practice; let him learn
+of the children born blind and of wives rendered invalid for life
+because their husbands once sowed a crop of wild oats with the sanction
+of society; let him read the Report of the Committee of Fifteen in New
+York (G.P. Putnam's Sons, 1902) on _The Social Evil_, the records of the
+Watch and Ward Society in Boston, or the recent report of the special
+jury in New York which investigated the "White Slave Traffic."[424]
+
+The plain facts are not pleasant. A system which has been in vogue from
+the beginning of history cannot be changed in a decade; but the desired
+state of things will be more speedily achieved and immediate good will
+be accomplished by three reforms which may be begun at once--have begun,
+in fact. In the first place, the "age of legal consent" should be
+uniformly twenty-one. In most States to-day it is fourteen or
+sixteen.[425] To the ordinary mind it is a self-evident proposition that
+a girl of those ages, the slippery period of puberty, can but seldom
+realise what she is doing when she submits herself to the lust of
+scoundrels. But the minds of legislators pass understanding; and when, a
+few years ago, a woman in the Legislature of Colorado proposed to have
+the age of consent raised from sixteen to twenty-one, such a storm of
+protest came from her male colleagues that the measure had to be
+abandoned. In the second place the public should be made better
+acquainted with the facts of prostitution. When people once realise
+thoroughly what sickness and social ulcers result from the presence in
+the city of New York of 100,000 debauched women (and the estimate is
+conservative)--when they begin to reflect that their children must grow
+up in such surroundings, then perhaps they will question the expediency
+of the double standard of morality and will insist that what is wrong
+for a woman is wrong for a man. It is a fact, to be borne carefully in
+mind, that the vast majority of prostitutes begin their career below the
+age of _eighteen_ and usually at the instigation of adult _men_, who
+take advantage of their ignorance or of their poverty. If the miserable
+Thaw trial did nothing else, it at least once more called public
+attention to conditions which every intelligent man knows have existed
+for years. Something can also be done by statute. New York has made
+adultery a crime; and the State of Washington requires a physical
+examination of the parties before marriage. In the third place,
+physicians should take more pains to educate men to the knowledge that a
+continent life is not a detriment to health--the contrary belief being
+more widely spread than is usually suspected.
+
+II. In the training of women, care should be taken to impress upon them
+that they are not toys or spoiled children, but fellow-citizens, devoted
+to the common task of advancing the ideals of the nation to their goal.
+
+    The woman's cause is man's; they rise or sink
+    Together, dwarf'd or godlike, bond or free:
+    If she be small, slight-natured, miserable,
+    How shall men grow?
+
+TENNYSON, _The Princess_.
+
+    A Being breathing thoughtful breath,
+    A Traveller between life and death;
+    The reason firm, the temperate will,
+    Endurance, foresight, strength, and skill;
+    A perfect Woman, nobly planned,
+    To warn, to comfort, and command;
+    And yet a Spirit still, and bright
+    With something of an angel light.
+
+WORDSWORTH.
+
+Towards a higher conception of their duties, women are steadily
+advancing. It often happens that the history of words will give a hint
+of the progress of civilisation. Such a story is told by the use of
+_lady_ and _woman_. Not many decades ago the use of the word _woman_ in
+referring to respectable members of the sex was interpreted as a lack of
+courtesy. To-day, women prefer to be called _women_.
+
+III. Women should be given the full right to enter any profession or
+business which they may desire. As John Stuart Mill says:
+
+"The proper sphere for any human being is the highest sphere that being
+is capable of attaining; and this cannot be ascertained without complete
+liberty of choice."
+
+"We are, as always, in a period of transition," remarks Mr.
+Björkman,[426] "the old forms are falling away from us on every side.
+Concerning the new ones we are still uncertain and divided. Whether
+woman shall vote or not, is not the main issue. She will do so sooner or
+later if it suits her. No, the imperative question confronting us is
+this: What are we to do that her life once more may be full and useful
+as it used to be? That question cannot be answered by anybody but
+herself. Furthermore, it can only be answered on the basis of actual
+experience. And urged onward by her never-failing power of intuition,
+woman has for once taken to experimenting. She has, if you please,
+become temporarily catabolic. But it means merely that she is seeking
+for new means to fulfil her nature, not for ways of violating it. And
+the best thing--nay, the only thing--man can do to help her is to stand
+aside and keep his faith, both in her and in life. Whether it be the
+franchise, or the running of railroads, or public offices, that her
+eager hands and still more eager soul should happen to reach out for, he
+must give her free way. All she wants is to find herself, and for this
+purpose she must try everything that once was foreign to her being: the
+trial over, she will instinctively and unfailingly pick out the right
+new things to do, and will do them."
+
+The opening up of professions and industries to woman has been of
+incalculable benefit to her. Of old the unmarried woman could do little
+except sit by the fire and spin or make clothing for the South Sea
+Islanders. Her limited activities caused a corresponding influence on
+her character. People who have nothing to do will naturally find an
+outlet for their superfluous energy in gossip and all the petty things
+of life; if isolated from a share in what the world is doing, they will
+no less naturally develop eccentricities of character and will grow old
+prematurely. To-day, by being allowed a part in civic and national
+movements, women can "get out of themselves"--a powerful therapeutic
+agent. Mrs. Ella Young, a woman of sixty, was last year made
+Superintendent of the great Public School System of Chicago. Fräulein
+Anna Heinrichsdorff is the first woman in Germany to get an engineer's
+diploma, very recently bestowed upon her; an "excellent" mark was given
+Fräulein Heinrichsdorff in every part of her examination by the Berlin
+Polytechnic Institute. Miss Jean Gordon, the only factory inspector in
+Louisiana, is at present waging a strong fight against the attempt to
+exempt "first-class" theatres from the child-labour law. Mrs. Nellie
+Upham, of Colorado, is President and General Manager of the Gold Divide
+Mining, Milling, and Tunnel Company of Colorado and directs 300 workmen.
+These are a few examples out of some thousands of what woman is
+doing.[427] And yet there are men who do not believe she should do
+anything but wash dishes and scrub.
+
+Much more serious is the glaring discrepancy in the wages paid to men
+and to women. For doing precisely the same work as a man and often doing
+it better, woman receives a much lower wage. The reasons are several
+and specious. We are told that men have families to support, that women
+do not have such expensive tastes as men, that they are incapable of
+doing as much as men, that by granting them equal wages one of the
+inducements to marry is removed. These arguments are generally used with
+the greatest gravity by bachelors. If men have families to support,
+women by the hundreds support brothers and sisters and weak parents.
+That they are incapable of doing as much sounds unconvincing to one who
+has seen the work of sweat-shops. The argument that men have more
+expensive tastes to satisfy is too feeble to deserve attention. Finally,
+when men argue that women should be forced to marry by giving them
+smaller wages, they are simply reverting to the time-honoured idea that
+the goal of every women's ambition should be fixed as matrimony. If the
+low wages of women produced no further consequence, one might dismiss
+the matter as not of essential importance; but inadequate pay has been
+found too frequently to be a direct cause of prostitution. No girl can
+well keep body and soul together on four dollars a week and some
+business managers have been known to inform their women employees with
+frankness that a "gentleman friend" is a necessary adjunct to a limited
+income.
+
+The women who suffer most from low wages are probably the teachers in
+our primary schools. They start usually on a salary of about three
+hundred and fifty dollars a year. For this each teacher performs all the
+minute labour and bears all the nervous strain of instructing sixty
+pupils six and a half hours a day and of correcting dozens of papers far
+into the night. And when crime increases or the pupils are not
+universally successful in business, the school teacher has the added
+pleasure of getting blamed for it, being told that she ought to have
+trained them better. These facts lend some colour to Mark Twain's sage
+reflection that God at first made idiots--that was for practice; then
+he made school boards.
+
+One of the most interesting examples of recent evolution in the
+industrial status of women is the decision of the Supreme Court of
+Illinois in the so-called Ritchie Case. The last Legislature of Illinois
+passed a law limiting to ten hours the working day of women in factories
+and stores. Now, as far back as 1893, the Legislature had passed a
+similar law limiting woman's labour to _eight_ hours; but the Supreme
+Court in 1895 declared it unconstitutional on the ground that it was an
+arbitrary and unreasonable interference with the right of women to
+contract for the sale of their labour. When, therefore, this year a
+ten-hour bill was tried, W.C. Ritchie, who had secured the nullification
+of the act of 1893, again protested. The decision of the Court, rendered
+April 21, 1910, is an excellent proof of the great advance made within
+two decades in the position of women. Reversing completely its judgment
+of 1895, the Court left far behind it mere technicalities of law and
+found a sanction for its change of front in the experience of humanity
+and of common sense. These are its conclusions:
+
+"It is known to all men, and of what we know as men we cannot profess to
+be ignorant as judges:
+
+"That woman's physical structure and the performance of maternal
+functions place her at a great disadvantage in the battle of life.
+
+"That while a man can work for more than ten hours a day without injury
+to himself, a woman, especially when the burdens of motherhood are upon
+her, cannot.
+
+"That while a man can work standing upon his feet for more than ten
+hours a day, day after day, without injury to himself, a woman cannot.
+
+"That to require a woman to stand upon her feet for more than ten hours
+in any one day and to perform severe manual labour while thus standing
+has the effect of impairing her health.
+
+"And as weakly and sickly women cannot be the mothers of vigorous
+children, it is of the greatest importance to the public that the State
+take such measures as may be necessary to protect its women from the
+consequences produced by long-continued manual labour in those
+occupations which tend to break them down physically.
+
+"It would seem obvious, therefore, that legislation which limits the
+number of hours which women shall be permitted to work to ten hours in a
+single day in such employments as are carried on in mechanical
+establishments, factories, and laundries would tend to preserve the
+health of women and assure the production of vigorous offspring by them
+and would conduce directly to the health, morals, and general welfare of
+the public, and that such legislation would fall clearly within the
+police powers of the State."
+
+IV. All phenomena that concern family life should be carefully studied
+and their bearing on the state ascertained as exactly as possible.
+There is no subject, for example, from which such wild conclusions are
+drawn as the matter of divorce. The average moralist, but more
+particularly the clergy, seeing the fairly astonishing increase in
+divorce during the last decade, jump to the conclusion that family life
+is decadent and immorality flagrantly on the increase. They point to the
+indubitable fact that a century ago divorces were insignificant in
+number; and they infer that morality was then on a much higher level
+than it is now. Such alarmists neglect certain elementary facts. The
+flippant manner in which marriage is treated by the Restoration
+dramatists and by novelists of the 18th century, the callous sexual
+morality revealed in diaries and in the conversations of men like
+Johnson alone are sufficient to suggest the need of a readjustment of
+one's view regarding the standard of morality in the past. A century ago
+it was the duty of a gentleman to drink to excess; and it was presumed
+that a guest had not enjoyed his dinner unless he was at least
+comfortably the worse for liquor. This view of drunkenness is admirably
+depicted in Dickens's _Pickwick Papers_, where intoxication is treated
+throughout as something merely humorous.
+
+There were just as many unhappy marriages formerly in proportion to the
+population as there are to-day; but the wife was held effectually from
+application for a divorce not only by rigid laws but by the sentiment of
+society, which ostracised a divorced woman, and furthermore by her lack
+of means and of opportunity for earning an independent livelihood.
+To-day women are not inclined to tolerate a husband who is brutal or
+debauched. Alarmists make a mistake when they place too much emphasis on
+the seeming triviality of the reasons, justifying their course, which
+wives advance when applying for a separation. For example, the phrase
+"incompatibility of temperament" is in a great number of cases merely a
+euphemism for something much worse. The clergy will counsel a woman to
+bear with what they call Christian resignation a husband addicted to
+drink or scarred by the diseases that are a consequence of sin.
+Abstractly considered, this may conceivably be good advice. But viewed
+in a common-sense way it is the duty of a woman to reflect on the
+consequences of conceiving children from such a man; and the researches
+of physicians will furnish her with incontrovertible facts regarding the
+impaired health of the offspring of such a union. A law which would
+permit of no divorce under such conditions, instead of benefiting the
+state, would injure it in its most vital asset--healthy children, the
+coming citizens. Doubtless the divorce laws in many States are too lax.
+But sweeping generalities based on theory will not remedy matters.
+Divorce may simply be a symptom, not a disease; a revolt against unjust
+conditions; and the way to do away with divorce or reduce the frequency
+of it is to remedy the evil social conditions which, in a great many
+instances, are responsible.
+
+The fact is, the institution of marriage is going through a crisis. The
+old view that marriage is a complete merging of the wife in the husband
+and that the latter is absolute monarch of his home is being questioned.
+When a man with this idea and a woman with a far different one marry,
+there is likely to be a clash. Marriage as a real partnership based on
+equality of goods and of interests finds an increasing number of
+advocates. There is great reason to believe that the issue will be only
+for the good and that from doubt and revolt a more enduring ideal will
+arise, based on a sure foundation of perfect understanding.
+
+NOTES:
+
+[415] See an excellent article on "The American Woman" by Miss Ida M.
+Tarbell, in the _American Magazine_ for April, 1910.
+
+[416] In 1893. "Be it resolved by the Second Legislature of the State of
+Wyoming:
+
+"That the possession and exercise of suffrage by the women of Wyoming
+for the past quarter of a century has wrought no harm and has done great
+good in many ways; that it has largely aided in banishing crime,
+pauperism, and vice from this State, and that without any violent and
+oppressive legislation," etc.
+
+[417] Women in Colorado have been of greatest service in establishing
+the following laws:
+
+1--Establishing a State Home for dependent children, three of the five
+members of the board to be women.
+
+2--Requiring that at least three of the six members of the county
+visitors shall be women.
+
+3--Making mothers joint guardians of their children with the fathers.
+
+4--Raising the age of protection for girls to 18 years.
+
+5--Establishing a State Industrial School for girls. There had long been
+one for boys, but the women could not get one for girls until they had
+the vote.
+
+6--Removing the emblems from the Australian ballots. This is a little,
+indirect step toward educational qualifications for voting.
+
+7--Establishing the indeterminate sentence for prisoners.
+
+8--Requiring one physician on the board of the Insane Asylum to be a
+woman.
+
+9--Establishing truant schools.
+
+10--Making better provision for the care of the feeble-minded.
+
+11--For tree preservation.
+
+12--For the inspection of private eleemosynary institutions by the State
+Board of Charities.
+
+13--Various steps toward prevention of cruelty to animals.
+
+14--Providing that foreign life and accident insurance companies, when
+sued, must pay the costs.
+
+15--Establishing a juvenile court.
+
+16--Making education compulsory for all children between the ages of 8
+and 16, except those who are ill or those who are 14 and have completed
+the eighth grade, or those whose parents need their help and support.
+
+17--Making the mother and father joint heirs of a deceased child.
+
+18--Providing for union high schools.
+
+19--Establishing a State travelling library commission.
+
+20--Providing that any person employing a child under 14 in any mine,
+mill, or factory be punished by imprisonment in addition to a fine.
+
+21--Requiring the joint signature of the husband and wife to a mortgage
+of a homestead.
+
+22--Forbidding the insuring of the lives of children under 10.
+
+23--Forbidding children of 16 or under to work more than six hours a day
+in any mill, factory, or other occupation that may be unhealthful.
+
+24--Making it a criminal offence to contribute to the delinquency of
+children--the parental responsibility act.
+
+25--Making it a misdemeanour to fail to support aged or infirm parents.
+
+26--Providing that no woman shall work more than eight hours a day at
+work requiring her to be on her feet.
+
+27--Restricting the time for shooting doves.
+
+28--Abolishing the binding out of girls committed to the Industrial
+School until the age of 21.
+
+29--A pure food law in harmony with the national law.
+
+[418] In the _Boston Herald_ for June 4, 1910.
+
+[419] Quoted in the _New York Times_ of Jan. 9, 1910.
+
+[420] See, for example, Lyman Abbott in the _Outlook_ for Feb. 19, 1910.
+
+[421] _American Magazine_, July, 1909.
+
+[422] _History of European Morals_, vol. ii, pp. 379 and following. New
+York, D. Appleton & Co., 1869.
+
+[423] Note, for example, that in Maryland a man can get a divorce if his
+wife has had sexual intercourse before marriage; _but a wife cannot get
+a divorce from her husband if he has been guilty of the same thing_. In
+Texas, adultery on the part of the wife entitles the husband to a
+divorce; but the wife can obtain divorce from her husband only if he has
+_abandoned_ her and _lived_ in adultery with another woman.
+
+[424] On Jan. 12, 1910, a bill was introduced in the House of
+Representatives to check the "White Slave Traffic" by providing a
+penalty of ten years' imprisonment and a fine of five thousand dollars
+for any one who engages in it.
+
+[425] In some it is even lower; _ten_ in Georgia and Mississippi for
+example.
+
+[426] In _Collier's Weekly_, Feb. 5, 1910.
+
+[427] Note what the officers of the Chicago Juvenile Protective
+Association, many of whom are women, accomplished in 1909-1910. These
+women are fighting the agencies which make for juvenile crime mostly and
+each officer has a specified "beat" to patrol. Last year their work
+amounted to the following:
+
+Complaints of selling liquors to minors investigated      295
+Complaints of selling tobacco to minors investigated       52
+Complaints of selling obscene postcards investigated       49
+Complaints of poolrooms investigated                      203
+Complaints of dance halls investigated                     92
+Five and ten cent theatres visited                      1,013
+Penny arcades visited                                      67
+Saloons visited                                           735
+Relief visits                                             174
+Cases referred to relief organisations                    374
+Legal aid cases referred                                  105
+Referred to Visiting Nurses' Association                    7
+Housing cases referred                                     51
+Applications for work referred                            264
+Placed in hospitals                                       103
+Sent to dispensaries                                      192
+Children placed in homes                                  240
+Slot machines removed                                     223
+Work found for men                                         57
+Work found for women                                       81
+Work found for boys                                        84
+Work found for girls                                       90
+Visits to ice-cream parlors                               356
+Visits to candy stores                                    805
+
+VISITS TO COURTS
+
+Juvenile                                                  451
+Municipal                                               1,809
+Criminal                                                  211
+County                                                     86
+Grand Jury                                                 26
+Conferences with state or city officials                1,244
+
+PROSECUTIONS
+
+Cases of abandonment                                     99
+Assault and battery                                       8
+Contributing to delinquency and dependency of children  232
+Crimes against children                                  12
+Disorderly conduct                                      141
+Immoral dancing                                           4
+Intoxicating liquors                                     33
+Juvenile Court cases                                     78
+Larceny                                                   4
+Tobacco                                                  10
+Sale of cocaine                                           4
+Other cases                                             110
+Total prosecutions                                      738
+
+RESULTS
+Convictions                                             311
+Settled out of court                                    100
+Nolle pros, or nonsuit                                   52
+Dismissed                                                93
+Acquittals                                               50
+Pending                                                  92
+                                                      -----
+Total complaints received                             5,047
+
+
+
+CHAPTER X
+
+FURTHER CONSIDERATIONS
+
+
+In the four years intervening since this book was first written, the
+progress of equal rights for women has been so rapid that the summary on
+pages 175-235 is now largely obsolete; but it is useful for comparison.
+In the United States at present (August, 1914), Wyoming, Colorado, Utah,
+Idaho, Washington, California, Oregon, Kansas, Arizona, and Alaska have
+granted full suffrage to women. In the following States the voters will
+pass upon the question in the autumn of 1914: Montana, Nevada, North
+Dakota, South Dakota, Missouri, Nebraska, and Ohio, the last three by
+initiative petition. In New Jersey, Pennsylvania, Iowa, New York, and
+Massachusetts a constitutional amendment for equal suffrage has passed
+one legislature and must pass another before being submitted to the
+people. The advance has been world-wide. Thus, in 1910 the Gaekwar of
+Baroda in India allowed the women of his dominions a vote in municipal
+elections, and Bosnia bestowed the parliamentary suffrage on women who
+owned a certain amount of real estate; Norway in 1913 and Iceland in
+1914 were won to full suffrage. The following table presents a
+convenient historical summary of the progress in political rights:
+
+On July 2, 1776, two days before the Declaration of Independence was
+signed, New Jersey, in her first State constitution, en-franchised the
+women by changing the words of her provincial charter from "Male
+freeholders worth £50" to "_all inhabitants_ worth £50," and for 31
+years the women of that State voted.
+
+GAINS IN EQUAL SUFFRAGE
+
+Eighty years ago women could not vote anywhere, except to a very limited
+extent in Sweden and in a few other places in the Old World.
+
+TIME    PLACE           KIND OF SUFFRAGE
+
+1838    Kentucky        School suffrage to widows with children
+                           of school age.
+1850    Ontario         School suffrage, women married and
+                           single.
+1861    Kansas          School suffrage.
+1867    New South Wales Municipal suffrage.
+1869    England         Municipal suffrage, single women and
+                           widows.
+        Victoria        Municipal suffrage, married and single
+                           women.
+        Wyoming         Full suffrage.
+1871    West Australia  Municipal suffrage.
+1875    Michigan        School suffrage.
+        Minnesota       Do.
+1876    Colorado        Do.
+1877    New Zealand     Do.
+1878    New Hampshire   Do.
+        Oregon          Do.
+1879    Massachusetts   Do.
+1880    New York        Do.
+        Vermont         Do.
+        South Australia Municipal suffrage.
+1881    Scotland        Municipal suffrage to the single women
+                           and widows.
+        Isle of Man     Parliamentary suffrage.
+1883    Nebraska        School suffrage.
+1884    Ontario         Municipal suffrage.
+        Tasmania        Do.
+1886    New Zealand     Do.
+        New Brunswick   Do.
+1887    Kansas          Do.
+        Nova Scotia     Do.
+        Manitoba        Do.
+        North Dakota    School suffrage.
+        South Dakota    Do.
+
+
+TIME  PLACE                 KIND OF SUFFRAGE
+
+1887  Montana . . . . . . . School suffrage
+      Arizona . . . . . . .   Do.
+      New Jersey  . . . . .   Do.
+      Montana . . . . . . . Tax-paying suffrage.
+1888  England . . . . . . . County suffrage.
+      British Columbia. . . Municipal Suffrage.
+      Northwest Territory .   Do.
+1889  Scotland. . . . . . . County suffrage.
+      Province of Quebec. . Municipal suffrage, single women and
+                              widows.
+1891  Illinois. . . . . . . School suffrage.
+1893  Connecticut . . . . .   Do.
+      Colorado. . . . . . . Full suffrage.
+      New Zealand . . . . .   Do.
+1894  Ohio. . . . . . . . . School suffrage.
+      Iowa. . . . . . . . . Bond suffrage.
+      England . . . . . . . Parish and district suffrage, married and
+                              single women.
+1895  South Australia . . .  Full State suffrage.
+1896  Utah. . . . . . . . .  Full suffrage.
+      Idaho . . . . . . . .    Do.
+1898  Ireland . . . . . . .  All offices except members of Parliament.
+      Minnesota . . . . . .  Library trustees.
+      Delaware. . . . . . .  School suffrage to tax-paying women.
+      France. . . . . . . .  Women engaged in commerce can vote
+                               for judges of the tribunal of commerce.
+      Louisiana . . . . . .  Tax-paying suffrage.
+1900  Wisconsin . . . . . .  School suffrage.
+      West Australia. . . .  Full State suffrage.
+1901  New York. . . . . . .  Tax-paying suffrage; local taxation in
+                               all towns and villages of the State.
+      Norway. . . . . . . .  Municipal suffrage.
+1902  Australia . . . . . .  Full suffrage.
+      New South Wales . . .  Full State suffrage.
+1903  Kansas. . . . . . . .  Bond suffrage.
+      Tasmania. . . . . . .  Full State suffrage.
+1905  Queensland. . . . . .    Do.
+1906  Finland . . . . . . .  Full suffrage; eligible for all offices.
+1907  Norway. . . . . . . .  Full parliamentary suffrage to the 300,000
+                               women who already had municipal
+                               suffrage.
+      Sweden. . . . . . . .  Eligible to municipal offices.
+      Denmark . . . . . . .  Can vote for members of boards of public
+                               charities and serve on such boards.
+      England . . . . . . .  Eligible as mayors, aldermen, and county
+                               and town councilors.
+      Oklahoma. . . . . . .  New State continued school suffrage for
+                               women.
+1908  Michigan. . . . . . .  Taxpayers to vote on question of local
+                               taxation and granting of franchises.
+      Denmark . . . . . . .  Women who are taxpayers or wives of
+                               taxpayers vote for all offices except
+                               members of Parliament.
+      Victoria. . . . . . .  Full State suffrage.
+1909  Belgium . . . . . . .  Can vote for members of the conseils
+                               des prudhommes, and also eligible.
+      Province of Voralberg  Single women and widows paying taxes
+        (Austrian Tyrol)       were given a vote.
+      Ginter Park, VA . . .  Tax-paying women, a vote on all
+                               municipal questions.
+1910  Washington. . . . . .  Full suffrage.
+      New Mexico. . . . . .  School suffrage.
+
+
+TIME  PLACE                 KIND OF SUFFRAGE
+
+1910  Norway. . . . . . . . Municipal suffrage made universal.
+                              Three-fifths of the women had it
+                              before.
+      Bosnia. . . . . . . . Parliamentary vote to women owning a
+                              certain amount of real estate.
+      Diet of the Crown . . Suffrage to the women of its capital city
+        Prince of Krain       Laibach.
+        (Austria)
+      India (Gaekwar of . . Women in his dominions vote in municipal
+        Baroda)               elections.
+      Wurttemberg . . . . . Women engaged in agriculture vote for
+        Kingdom of            members of the chamber of agriculture;
+                              also eligible.
+      New York. . . . . . . Women in all towns, villages and
+                              third-class cities vote on bonding
+                              propositions.
+1911  California. . . . . . Full suffrage.
+      Honduras. . . . . . . Municipal suffrage in capital city, Belize.
+      Iceland . . . . . . . Parliamentary suffrage for women over
+                              25 years.
+1912  Oregon. . . . . . . . Full suffrage.
+      Arizona . . . . . . .  Do.
+      Kansas. . . . . . . .  Do.
+1913  Alaska. . . . . . . .  Do.
+      Norway. . . . . . . .  Do.
+      Illinois. . . . . . . Suffrage for statutory officials
+                              (including presidential electors and
+                              municipal officers).
+1914  Iceland . . . . . . . Full suffrage.
+
+In the United States the struggle for the franchise has entered national
+politics, a sure sign of its widening scope. The demand for equal
+suffrage was embodied in the platform of the Progressive Party in
+August, 1912. This marks an advance over Col. Roosevelt's earlier view,
+expressed in the _Outlook_ of February 3, 1912, when he said: "I believe
+in woman's suffrage wherever the women want it. Where they do not want
+it, the suffrage should not be forced upon them." When the new
+administration assumed office in March, 1913, the friends of suffrage
+worked to secure a constitutional amendment which should make votes for
+women universal in the United States. The inauguration ceremonies were
+marred by an attack of hoodlums on the suffrage contingent of the
+parade. Mr. Hobson in the House denounced the outrage and mentioned the
+case of a young lady, the daughter of one of his friends, who was
+insulted by a ruffian who climbed upon the float where she was. Mr.
+Mann, the Republican minority leader, remarked in reply that her
+daughter ought to have been at home. Commenting on this dialogue,
+_Collier's Weekly_ of April 5, 1913, recalled the boast inscribed by
+Rameses III of Egypt on his monuments, twelve hundred years before
+Christ: "To unprotected women there is freedom to wander through the
+whole country wheresoever they list without apprehending danger." If one
+works this out chronologically, said the editor, Mr. Mann belongs
+somewhere back in the Stone Age. In the Senate an active committee on
+woman suffrage was formed under the chairmanship of Mr. Thomas, of
+Colorado. The vote on the proposed new amendment was taken in the Senate
+on March 19, 1914, and it was rejected,[428] 35 to 34, two-thirds being
+necessary before the measure could be submitted to the States for
+ratification. In the House Mr. Underwood, Democratic minority leader,
+took the stand that suffrage was purely a State issue. Mr. Heflin of
+Alabama was particularly vigorous in denunciation of votes for women. He
+said[429]:
+
+"I do not believe that there is a red-blooded man in the world who in
+his heart really believes in woman suffrage. I think that every man who
+favours it ought to be made to wear a dress. Talk about taxation without
+representation! Do you say that the young man who is of age does not
+represent his mother? Do you say that the young man who pledges at the
+altar to love, cherish, and protect his wife, does not represent her and
+his children when he votes? When the Christ of God came into this world
+to die for the sins of humanity, did he not die for all, males and
+females? What sort of foolish stuff are you trying to inject into this
+tariff debate?... There are trusts and monopolies of every kind, and
+these little feminine fellows are crawling around here talking about
+woman suffrage. I have seen them here in this Capitol. The suffragette
+and a little henpecked fellow crawling along beside her; that is her
+husband. She is a suffragette, and he is a mortal suffering yet."
+
+Mr. Falconer of Washington rose in reply. He remarked:[430]
+
+"I want to observe that the mental operation of the average woman in the
+State of Washington, as compared to the ossified brain operation of the
+gentleman from Alabama, would make him look like a mangy kitten in a
+tiger fight. The average woman in the State of Washington knows more
+about social economics and political economy in one minute than the
+gentleman from Alabama has demonstrated to the members of this House
+that he knows in five minutes."
+
+On February 2, 1914, a delegation of women called upon President Wilson
+to ascertain his views. The President refused to commit himself. He was
+not at liberty, he said, to urge upon Congress policies which had not
+the endorsement of his party's platform; and as the representative of
+his party he was under obligations not to promulgate or intimate his
+individual convictions. On February 3, 1914, the Democrats of the House
+in caucus, pursuant to a resolution of Mr. Heflin, refused to create a
+woman suffrage committee. So the constitutional amendment was quite
+lost. In the following July Mr. Bryan suddenly issued a strong appeal
+for equal suffrage in the _Commoner_. Among his arguments were these:
+
+"As man and woman are co-tenants of the earth and must work out their
+destiny together, the presumption is on the side of equality of
+treatment in all that pertains to their joint life and its
+opportunities. The burden of proof is on those who claim for one an
+advantage over the other in determining the conditions under which both
+shall live. This claim has not been established in the matter of
+suffrage. On the contrary, the objections raised to woman suffrage
+appear to me to be invalid, while the arguments advanced in support of
+the proposition are, in my judgment, convincing."
+
+"Without minimising other arguments advanced in support of the extending
+of suffrage to woman, I place the emphasis upon the mother's right to a
+voice in molding the environment which shall surround her children--an
+environment which operates powerfully in determining whether her
+offspring will crown her latter years with joy or 'bring down her gray
+hairs in sorrow to the grave.'
+
+"For a time I was imprest by the suggestion that the question should be
+left to the women to decide--a majority to determine whether the
+franchise should be extended to woman; but I find myself less and less
+disposed to indorse this test.... Why should any mother be denied the
+use of the franchise to safeguard the welfare of her child merely
+because another mother may not view her duty in the same light?"
+
+The change in the status of women has been significant not only in the
+political field, but also in every other direction. A brief survey of
+the legislation of various States in the past year, 1913, reveals the
+manifold measures already adopted for the further protection of women
+and indicates the trend of laws in the near future. Acts were passed in
+Arkansas, Kansas, Missouri, New Mexico, and Ohio to punish the seduction
+of girls and women for commercialised vice, the laws being known as
+"White Slave Acts"; laws for the abatement of disorderly houses were
+passed in California, Minnesota, Oregon, Pennsylvania, and Washington;
+Oregon decreed that male applicants for a marriage license must produce
+a physician's certificate showing freedom from certain diseases; and it
+authorised the sterilisation of habitual criminals and degenerates. The
+necessity of inculcating chastity in the newer generation, whether
+through the teaching of sex hygiene in the schools or in some other
+form, was widely discussed throughout the country. Mothers' pensions
+were granted by fourteen States; minimum wage boards were established by
+three; and three passed laws for the punishment of family desertion, in
+such wise that the family of the offender should receive a certain daily
+sum from the State while he worked off his sentence. Tennessee removed
+the disability of married women arising from coverture. Ten States
+further limited the hours of labour for women in certain industries, the
+tendency being to fix the limit at fifty-four or fifty-eight hours a
+week with a maximum of nine or ten in any one day. The hours of labour
+of children and the age at which they are allowed to work were largely
+restricted. A National Children's Bureau, under the charge of Miss Julia
+Lathrope, has been created at Washington; and Mrs. J. Borden Harriman
+was appointed to the Industrial Relations Commission. The minuteness and
+thoroughness of modern legislation for the protection of women may be
+realised by noting that in 1913 alone New York passed laws that no girl
+under sixteen shall in any city of the first, second, or third class
+sell newspapers or magazines or shine shoes in any street or public
+place; that separate wash rooms and dressing rooms must be provided in
+factories where more than ten women are employed; that whenever an
+employer requires a physical examination, the employee, if a female, can
+demand a physician of her own sex; that the manufacture or repair for a
+factory of any article of food, dolls' clothing, and children's apparel
+in a tenement house be prohibited except by special permit of the Labor
+Commission; that the State Industrial Board be authorised to make
+special rules and regulations for dangerous employments; and that the
+employment of women in canning establishments be strictly limited
+according to prescribed hours.
+
+The unmistakable trend of legislation in the United States is towards
+complete equality of the sexes in all moral, social, industrial,
+professional, and political activities.
+
+In England the House of Commons rejected parliamentary suffrage for
+women. Incensed at the repeated chicanery of politicians who
+alternately made and evaded their promises, a group of suffragettes
+known as the "militants" resorted to open violence. When arrested for
+damaging property, they went on a "hunger strike," refusing all
+nourishment. This greatly embarrassed the government, which in 1913
+devised the so-called "Cat and Mouse Act," whereby those who are in
+desperate straits through their refusal to eat are released temporarily
+and conditionally, but can be rearrested summarily for failure to comply
+with the terms of their parole. The weakness in the attitude of the
+militant suffragettes is their senseless destruction of all kinds of
+property and the constant danger to which they subject innocent people
+by their outrages. If they would confine themselves to making life
+unpleasant for those who have so often broken their pledges, they could
+stand on surer ground. The English are commonly regarded as an orderly
+people, especially by themselves. Nevertheless, it is true that hardly
+any great reform has been achieved in England without violence. The men
+of England did not secure the abolition of the "rotten-borough" system
+and extensive manhood suffrage until, in 1831, they smashed the windows
+of the Duke of Wellington's house, burned the castle of the Duke of
+Newcastle, and destroyed the Bishop's palace at Bristol. In 1839 at
+Newport twenty chartists were shot in an attempt to seize the town; they
+were attempting to secure reforms like the abolition of property
+qualifications for members of Parliament. The English obtained the
+permanent tenure of their "immemorial rights" only by beheading one king
+and banishing another. In our own country, the Boston Tea Party was a
+typical "militant outrage," generally regarded as a fine piece of
+patriotism. If the tradition of England is such that violence must be a
+preliminary to all final persuasion, perhaps censure of the militants
+can find some mitigation in that fact. Some things move very slowly in
+England. In 1909 a commission was appointed to consider reform in
+divorce. Under the English law a husband can secure a divorce for
+infidelity, but a woman must, in addition to adultery, prove aggravated
+cruelty. This is humorously called "British fair play." In November,
+1912, the majority of the commission recommended that this inequality be
+removed and that the sexes be placed on an equal footing; and that in
+addition to infidelity, now the only cause for divorce allowed, complete
+separation be also granted for desertion for three years, incurable
+insanity, and incurable habitual drunkenness. The majority, nine
+commissioners, found that the present stringent restrictions and
+costliness of divorce are productive of immorality and illicit
+relations, particularly among the poorer classes. The majority report
+was opposed by the three minority members, the Archbishop of York, Sir
+William Anson, and Sir Lewis Dibdin, representing the Established
+Church of England and the Roman Catholic Church. Thus far, Parliament
+has not yet acted and the old law is still in force.
+
+On the Continent, with the exception of a few places like Finland, the
+movement for equal suffrage, while earnestly pressed by a few, is not
+yet concentrated. Women have won their rights to higher education and
+are admitted to the universities. They can usually enter business and
+most of the professions. Inequities of civil rights are gradually being
+swept away. For example, in Germany a married woman has complete control
+of her property, but only if she specifically provided for it in the
+marriage contract; many German women are ignorant that they possess such
+a right. The Germans may be divided into two classes: the caste which
+rules, largely Prussian, militaristic, and bureaucratic; and that which,
+although desirous of more republican institutions and potentially
+capable of liberal views, is constrained to obey the first or ruling
+class. This upper class is not friendly to the modern women's-rights
+movement. Perhaps it has read too much Schopenhauer. This amiable
+philosopher, whose own mother could not endure living with him, has this
+to say of women[431]:
+
+"A woman who is perfectly truthful and does not dissemble, is perhaps an
+impossibility. In a court of justice women are more often found guilty
+of perjury than men.... Women are directly adapted to act as the nurses
+and educators of our early childhood, for the simple reason that they
+themselves are childish, foolish, and shortsighted.... Women are and
+remain, taken altogether, the most thorough and incurable Philistines;
+and because of the extremely absurd arrangement which allows them to
+share the position and title of their husbands they are a constant
+stimulus to his ignoble ambitions.... Where are there any real
+monogamists? We all live, at any rate for a time, and the majority of us
+always, in polygamy.... It is men who make the money, and not women;
+therefore women are neither justified in having unconditional possession
+of it nor capable of administering it.... That woman is by nature
+intended to obey, is shown by the fact that every woman who is placed in
+the unnatural position of absolute independence at once attaches herself
+to some kind of man, by whom she is controlled and governed; that is
+because she requires a master. If she is young, the man is a lover; if
+she is old, a priest."
+
+Essentially the opinion of Schopenhauer is that of the Prussian ruling
+class to-day. It is indisputable that in Germany, as elsewhere on the
+Continent, chastity in men outside of marriage is not expected, nor is
+the wife allowed to inquire into her husband's past. The bureaucratic
+German expects his wife to attend to his domestic comforts; he does not
+consult her in politics. The natural result when the masculine element
+has not counterchecks is bullying and coarseness. To find the
+coarseness, the reader can consult the stories in papers like the
+_Berliner Tageblatt_ and much of the current drama; to observe the
+bullying, he will have to see it for himself, if he doubts it. This is
+not an indictment of the whole German people; it is an indictment of the
+militaristic-bureaucratic ruling class, which, persuaded of its divine
+inspiration and intolerant of criticism,[432] has plunged the country
+into a devastating war. It is not unlikely that the end of the conflict
+will mark also the overthrow of the Hohenzollern dynasty. The spirit of
+the Germans of 1848, who labored unsuccessfully to make their country a
+republic, may awake again and realise its dreams. In concluding this
+chapter, I wish to enlarge somewhat upon the philosophy of suffrage as
+exhibited in the preceding chapter. The "woman's sphere" argument is
+still being worked overtime by anti-suffrage societies, whose members
+rather inconsistently leave their "sphere," the home, to harangue in
+public and buttonhole legislators to vote against the franchise for
+women. "A woman's place," says the sage Hennessy, "is in th' home,
+darning her husband's childher. I mean----" "I know what ye mean," says
+Mr. Dooley. "'Tis a favrite argument iv mine whin I can't think iv
+annything to say." A century ago, the home was the woman's sphere.
+To-day the man has deliberately dragged her out of it to work for him in
+factory and store because he can secure her labor more cheaply than that
+of men and is, besides, safer in abusing her when she has no direct
+voice in legislation. Are the manufacturers willing to send their
+1,300,000 female employees back to their "sphere"? If they are not, but
+desire their labor, they ought in fairness to allow them the privileges
+of workmen--that is, of citizens, participating actively in the
+political, social, and economic development of the country.
+
+As women enter more largely into every profession and business, certain
+results will inevitably follow. We shall see first of all what pursuits
+are particularly adapted to them and which ones are not. It has already
+become apparent that as telephone and typewriter operators women, as a
+class, are better fitted than men. They have, in general, greater
+patience for details and quickness of perception in these fields.
+Similarly, in architecture some have already achieved conspicuous
+success. One who has observed the insufficient closet space in modern
+apartments and kitchenettes with the icebox in front of the stove, is
+inclined to wish that male architects would consult their mothers or
+wives more freely. In law and medicine results are not yet clear. We
+shall presently possess more extensive data in all fields for surer
+conclusions.
+
+A second result may be, that many women, instead of leaving the home,
+will be forced back into it. This movement will be accelerated if the
+granting of equal pay for equal work and a universal application of the
+minimum wage take place. There are a great number of positions,
+especially those where personality is not a vital factor, where
+employers will prefer women when they can pay them less; but if they
+must give equal pay, they will choose men. Hence the tendency of the
+movements mentioned is to throw certain classes of women back into the
+home. The home of the future, however, will have lost much of the
+drudgery and monotony once associated with it. The ingenious
+labor-saving devices, like the breadmixer, the fireless cooker, the
+vacuum cleaner, and the electric iron, the propagation of scientific
+knowledge in the rearing of children, and wider outlets for outside
+interests, will tend to make domestic life an exact science, a
+profession as important and attractive as any other.
+
+The home is not necessarily every woman's sphere and neither is
+motherhood. Neither is it every woman's congenital duty to make herself
+attractive to men. The "woman's pages" of newspapers, filled with
+gratuitous advice on these subjects, never tell men that their duty is
+fatherhood or that they should make themselves attractive or that their
+sphere is also the home. Until these one-sided points of view are
+adjusted to a more reasonable basis, we shall not reach an
+understanding. They are as unjust as the farmer who ploughs with a steam
+plow and lets his wife cart water from a distant well instead of
+providing convenient plumbing.
+
+Women who are fitted for motherhood and have a talent for it can enter
+it with advantage. There is a talent for motherhood exactly as there is
+for other things. Other women have genius which can be of greatest
+service to the community in other ways. They should have opportunity to
+find their sphere. If this is "Feminism," it is also simple justice. One
+reason that we are at sea in some of the problems of the women's-rights
+movement, is that the history of women has been mainly written by men.
+The question of motherhood, the sexual life of women, and the position
+of women as it has been or is likely to be affected by their sexual
+characteristics, must be more exactly ascertained before definite
+conclusions can be reached. At present there is too much that we don't
+know. We need more scientific investigations of the type of Mr. Havelock
+Ellis's admirable _Studies in the Psychology of Sex_[433] and less of
+pseudo-scientific lucubrations like Otto Weininger's _Sex and
+Character_. When human society has rid itself of the bogies and
+nightmares, superstitions and prejudices, which have borne upon it with
+crushing force, it will be in a better position to construct an ideal
+system of government. Meanwhile experiments are and must be made. Woman
+suffrage is not necessarily a reform; it is a necessary step in
+evolution.
+
+One venerable bogey I wish to dispose of before I close. It is that the
+Roman Empire was ruined and collapsed because the increasing liberty
+given to women and the equality granted the sexes under the Empire
+produced immorality that destroyed the State. The trouble with Rome was
+that it failed to grasp the fundamentals of economic law. Slavery, the
+concentration of land in a few hands, and the theory that all taxation
+has for its end the enriching of a select few, were the fallacies which,
+in the last analysis, caused the collapse of the Roman Empire. The
+luxury, immorality, and race-suicide which are popularly conceived to
+have been the immediate causes of Rome's decline and fall, were in
+reality the logical results, the inevitable attendant phenomena of a
+political system based on a false hypothesis. For when wealth was
+concentrated in a few hands, when there was no all-embracing popular
+education, all incentives to thrift, to private initiative, and hence to
+the development of the sturdy moral qualities which thrift and
+initiative cause and are the product of, were stifled. A nation can
+reach its maximum power only when, through the harmonious cooperation
+of all its parts, the initiative and talents of every individual have
+free scope, untrammeled by special privilege, to reach that sphere for
+which nature has designed him or her.
+
+NOTE: The official organ of the National American Woman Suffrage
+Association is _The Woman's Journal_, published weekly. The headquarters
+are at 505 Fifth Avenue, New York City.
+
+England has two organisations which differ in methods. The National
+Union of Women's Suffrage Societies has adopted the constitutional or
+peaceful policy; it publishes _The Common Cause_, a weekly, at 2 Robert
+Street, Adelphi, W.C., London. The "militant" branch of suffragettes
+forms the National Women's Social and Political Union, and its weekly
+paper is _Votes for Women_, Lincoln's Inn House, Kingsway, W.C.
+
+The International Woman Suffrage Alliance issues the _Jus Suffragii_
+monthly at 62 Kruiskade, Rotterdam.
+
+A good source from which to obtain the present status of women in Europe
+is the _Englishwoman's Year Book and Directory for 1914_, published by
+Adam and Charles Black.
+
+NOTES:
+
+[428] Twenty-six senators did not vote. The question of negro suffrage
+complicated the matter with Southern senators. Mr. Williams of
+Mississippi wished to limit the franchise to "white citizens"; but his
+amendment was voted down. The list of senators voting for and against
+the woman suffrage amendment appears on page 5472 of the Congressional
+Record, March 19, 1914. The debate is contained in pages 5454-5472.
+Senator Tillman of South Carolina inserted a vicious attack on northern
+women by the late Albert Bledsoe, who advised them to "cut their hair
+short, and their petticoats, too, and enter a la bloomer the ring of
+political prizefighters." Bledsoe's article will be found in the Record,
+July 28, 1913, 3115-3119.
+
+[429] Record, May 6, 1913, 1221-1222.
+
+[430] Record, May 6, 1913, 1222.
+
+[431] Essays of Schopenhauer. Translated by Mrs. Rudolf Dircks Pages
+64-79.
+
+[432] Any criticism of the Kaiser leads to arrest. The most vigorous
+checks to Bourbon rule come from the Socialists, who in 1912 polled
+4,250,300 votes. But as the Kaiser, as King of Prussia, controls a
+majority of votes in the Bundesrath, or Federal Council, can dissolve
+the Reichstag, or House of Representatives, at any time with the consent
+of the Bundesrath, has sole power to appoint the chancellor, and is lord
+supreme of the army and navy, anything like real popular government is
+far off.
+
+[433] Philadelphia, 1906. The F.A. Davis Company.
+
+
+
+
+INDEX
+
+A
+
+Adultery, under Roman Law,
+  laws modified by Justinian,
+  among Germanic peoples,
+  see also under various States.
+
+Age of Consent, under English Law,
+  in the United States,
+  see also under various States.
+
+Alabama,
+
+Apostles, teachings about women,
+
+Arizona,
+
+Arkansas,
+
+Attainder, bills of, in Roman Empire,
+  laws of Arcadius, Honorius, and Constantine,
+  of Pope Innocent III.
+
+
+B
+
+Breach of Promise, under Roman Law,
+  modification by Constantine,
+  by Justinian,
+
+Business, woman in, under Roman Empire,
+  in England,
+  in the United States
+  see also under each State
+
+
+C
+
+California,
+
+Chastisement, right of husband to chastise wife under English Law,
+
+Christ, teachings about women,
+
+Colorado,
+
+Connecticut,
+
+Consent of women to marriage, under Roman Law,
+  opinions of Church Fathers,
+  enactments of Christian Emperors,
+
+Crimes against women, under Roman Law,
+  among Germanic peoples,
+  under English Law,
+
+Curtesy, defined,
+  under English Law,
+  see also under various States.
+
+Custom, power of,
+
+
+D
+
+Delaware,
+
+Discrepancy in wages paid to women,
+
+District of Columbia,
+
+Divorce, under Roman Law;
+  modified by Theodosius and Valentinian;
+  by Justinian;
+  by Justin;
+  among Germanic peoples;
+  under Canon Law;
+  under English Law;
+  general considerations;
+  see also under various States.
+Double standard of morality
+Dower, defined;
+  right of, in English Law;
+  see also under different States.
+Dowry, under Roman Law;
+  among ancient Gauls;
+  among Germanic peoples
+
+
+E
+
+Education, rights of women to an,
+  under Roman Empire;
+  in England;
+  in the United States
+
+
+F
+
+Fathers of the Church, their commands concerning women
+Florida
+
+
+G
+
+Georgia
+Gifts between husband and wife, under Roman Law;
+  changes by Justinian
+Guardian, decay of power of, under Roman Law
+Guardians, women as, under Roman Law;
+  laws modified by Justinian;
+  see also under various States.
+Guardianship under Roman Law;
+  among Germanic peoples,
+
+
+H
+
+Husband and wife, under Roman Law;
+  among Germanic peoples;
+  under Canon Law;
+  under English Law;
+  see also under various States
+
+
+I
+
+Idaho
+Illinois;
+  Ritchie case,
+Indian Territory
+Indiana
+Inheritance rights of women, under Roman Law;
+  modified by Justinian;
+  among Germanic peoples;
+  under English Law
+Intellectual inferiority of women, argument discussed
+Iowa
+
+
+J
+
+Jewish ideas about women
+
+K
+
+Kansas
+Kentucky
+
+
+L
+
+Lecky, analysis of character of women
+Louisiana
+
+M
+
+Macaulay on the effects of freedom
+Maine
+Marriage, women in, under Roman Law;
+  opinions of Church Fathers;
+  among ancient Gauls and Germans;
+  among Germanic peoples;
+  under Canon Law;
+  under English Law;
+  modern changes in views of;
+  see also under various States.
+Maryland
+Massachusetts
+Michigan
+Minnesota
+Mississippi
+Missouri
+Montana
+Moral argument against suffrage
+
+
+N
+
+Nebraska
+Nevada
+New Hampshire
+New Jersey
+New Mexico
+New York
+North Carolina
+North Dakota
+
+
+O
+
+Ohio
+Oklahoma
+Old Maid, treatment of, by Christians
+Oregon
+
+
+P
+
+Partiality of Roman Law to women
+Pennsylvania
+Physiological argument against suffrage
+Political or social argument against suffrage
+Power of father, under Roman Law;
+  under early Christians;
+  among Germanic peoples;
+  under English Law
+Professions, women in, in England;
+  in United States, and see under
+  various States;
+  need of opening all, to women
+Property rights of married women, under Roman Law;
+  among Germanic peoples;
+  under English Law;
+  of widows and single women, under Roman Law;
+    among Germanic peoples;
+    under English
+Law,
+  in the United States,
+Protection of property of children under Roman Law,
+
+
+R
+
+Respect for women, among Romans,
+  among ancient Germans,
+Rhode Island,
+Ritchie case in Illinois,
+Roman Catholic Church, attitude to women,
+
+
+S
+
+Second marriages, opinions of Church Fathers concerning,
+  Legislation of Christian Emperors,
+Slaves, women, under Roman Law,
+  among Germanic peoples,
+  under Canon Law,
+South Carolina,
+South Dakota,
+Suffrage, woman, in England,
+  in the United States,
+  see also under various States.
+Suits, women engaging in, under Roman Law,
+
+
+T
+
+Tennessee,
+Texas,
+Theological argument against women's rights,
+Training of women for higher ideals,
+
+
+U
+
+Utah,
+
+
+V
+
+Vermont,
+Vestal Virgins,
+Virginia,
+
+
+W
+
+Washington,
+West Virginia,
+Wisconsin,
+Women: see under _Divorce, Dowry, Marriage, Husband and Wife_, etc.
+Wyoming,
+
+
+
+
+INDEX TO SUPPLEMENTARY CHAPTER
+
+A
+
+Advance of equal suffrage, chronological tables,
+Amendment, constitutional, for suffrage;
+  rejected by Senate;
+  and by House
+
+B
+
+Bryan, favours suffrage
+
+C
+
+Cat and Mouse Act
+
+D
+
+Divorce, proposals for reform defeated in England
+
+E
+
+Europe, general status of women's rights in
+
+F
+
+Falconer, Congressman, reply to Heflin
+Feminism
+
+G
+
+Germany, position of women in
+
+H
+
+Heflin, Congressman, speech on suffrage
+
+J
+
+Journals, official, of various women's organisations
+
+L
+
+Legislation, most recent examples of, for protection of
+  women
+
+M
+
+Mann, Congressman, remarks on suffrage parade
+Militant suffragettes
+
+R
+
+Roman Empire, assumption that its fall was due to liberty allowed women
+Roosevelt, opinion on suffrage
+
+S
+
+Schopenhauer, remarks on nature of women
+Sphere, woman's sphere argument
+
+T
+
+Tendencies and results of women's rights movement
+
+W
+
+Wilson, President, position on suffrage
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of A Short History of Women's Rights
+by Eugene A. Hecker
+
+*** END OF THE PROJECT GUTENBERG EBOOK 11672 ***
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+<div>*** START OF THE PROJECT GUTENBERG EBOOK 11672 ***</div>
+
+<h1>A Short History of</h1>
+<h1>Women's Rights</h1>
+<br>
+<br>
+<h2>From the Days of Augustus to the Present
+Time. <br>
+</h2>
+<h2>With Special Reference to
+England and the United States</h2>
+<h3>By</h3>
+<h1>Eugene A. Hecker</h1>
+<br>
+<br>
+<p style="text-align: center; font-weight: bold;"><i>SECOND EDITION
+REVISED, WITH ADDITIONS</i></p>
+<hr style="width: 65%;">
+<h3>To</h3>
+<h3>MY MOTHER</h3>
+<hr style="width: 65%;">
+<a name="PREFACE2"></a>
+<h2>PREFACE TO THE SECOND EDITION</h2>
+<br>
+<p>In this edition a chapter has been added, bringing
+down to date the record of the contest for
+equal suffrage. The summary on pages 175-235
+is now largely obsolete; but it has been retained
+as instructive evidence of the rapid progress made
+during the last four years.</p>
+<p>E.A.H.</p>
+<p>CAMBRIDGE, MASS.
+<i>August, 1914</i>.</p>
+<hr style="width: 65%;">
+<a name="PREFACE"></a>
+<h2>PREFACE</h2>
+<br>
+<p>While making some researches in the evolution
+of women's rights, I was impressed
+by the fact that no one had ever, as far as I could
+discover, attempted to give a succinct account of
+the matter for English-speaking nations. Indeed,
+I do not believe that any writer in any country
+has essayed such a task except Laboulaye; and
+his <i>Recherches sur la Condition Civile et Politique
+des Femmes</i>, published in 1843, leaves much to
+be desired to one who is interested in the subject
+to-day.</p>
+<p>I have, therefore, made an effort to fill a lack.
+This purpose has been strengthened as I have
+reflected on the great amount of confused information
+which is absorbed by those who have no
+time to make investigations for themselves.
+Accordingly, in order to present an accurate historical
+review, I have cited my authorities for
+all statements regarding which any question could
+be raised. This is particularly so in the chapters
+which deal with the condition of women under
+Roman Law, under the early Christian Church,
+and under Canon Law. In all these instances I
+have gone directly to primary sources, have
+investigated them myself, and have admitted
+no secondhand evidence. In connection with
+Women's rights in England and in the United
+States I have either consulted the statutes or
+studied the commentaries of jurists, like Messrs.
+Pollock and Maitland, whose authority cannot
+be doubted. To such I have given the exact
+references whenever they have been used. In
+preparing the chapter on the progress of women's
+lights in the United States I derived great
+assistance from the very exhaustive <i>History of
+Woman Suffrage</i>, edited by Miss Susan B.
+Anthony, Mrs. Ida H. Harper, and others to
+whose unselfish labours we are for ever indebted.
+From their volumes I have drawn freely; but I
+have not given each specific reference.</p>
+<p>The tabulation of the laws of the several States
+which I have given naturally cannot be entirely
+adequate, because the laws are being changed
+constantly. It is often difficult to procure the
+latest revised statutes. However, these laws are
+recent enough to illustrate the evolution of women's
+rights.</p>
+<p>Finally, this volume was written in no hope that
+all readers would agree with the author, who is
+zealous in his cause. His purpose will be gained
+if he induces the reader to reflect for himself on
+the problem in the light of its historical development.</p>
+<p>E.A.H.</p>
+<p>CAMBRIDGE, MASS., 1910.</p>
+<hr style="width: 65%;">
+<br>
+<h2>CONTENTS</h2>
+<br>
+<p><a href="#CHAPTER_I">CHAPTER I</a></p>
+<p>WOMEN'S RIGHTS UNDER ROMAN LAW, 27 B.C.-527 A.D.</p>
+<p>Originally women were always under guardianship&#8212;But
+under the Empire the entire equality of the sexes was
+recognised&#8212;Women in marriage&#8212;Their power over
+their property&#8212;Divorce&#8212;Women engaged in all business
+pursuits&#8212;Instances of women suing and pleading
+in law&#8212;Partiality of the law towards women&#8212;Rights
+of inheritance&#8212;Rights to higher education fully allowed&#8212;Provision made
+for poor children to be educated&#8212;The
+Vestals&#8212;Female slaves&#8212;Remarkable growth of
+humanitarianism towards slaves under the Empire&#8212;Sources</p>
+<br>
+<p><a href="#CHAPTER_II">CHAPTER II</a></p>
+<p>WOMEN AND THE EARLY CHRISTIAN CHURCH</p>
+<p>Christ laid down ethical principles but not minute regulations&#8212;The
+Apostles affected by Jewish and Oriental or
+Greek conceptions of women&#8212;Examples of these&#8212;St.
+Paul and St. Peter on the position of women&#8212;The
+Church Fathers elaborated these teachings&#8212;Examples
+of their contempt for women&#8212;Mingled with admiration
+for particular types of women&#8212;Their views of
+marriage&#8212;Their strictures on unbecoming dress&#8212;Summary
+of their views and how the status of women
+was affected by them&#8212;Sources</p>
+<br>
+
+<p><a href="#CHAPTER_III">CHAPTER III</a></p>
+<p>RIGHTS OF WOMEN AS MODIFIED BY THE CHRISTIAN
+EMPERORS</p>
+<p>Old Roman Law not abrogated suddenly&#8212;Divorce&#8212;Adultery&#8212;Second
+marriages&#8212;Engagements&#8212;Donations
+between husband and wife&#8212;Sundry enactments on
+marriage&#8212;Inheritance&#8212;Guardianship&#8212;Bills of Attainder
+of Christian Emperors merciless, in contrast to
+acts of pagan predecessors&#8212;Sources</p>
+<br>
+<p><a href="#CHAPTER_IV">CHAPTER IV</a></p>
+<p>WOMEN AMONG THE GERMANIC PEOPLES</p>
+<p>A second world force to modify the status of women&#8212;Accounts
+of Caesar and Tacitus on position of women
+among Germanic peoples&#8212;The written laws of the
+barbarians&#8212;Guardianship&#8212;Marriage&#8212;Power of the
+husband&#8212;Divorce&#8212;Adultery&#8212;The Church indulgent
+to kings&#8212;Remarriage&#8212;Property rights&#8212;Peculiarities
+of the criminal law&#8212;Minutely-graded fines&#8212;Compurgation
+and ordeals&#8212;Innocence tested by the
+woman walking over red-hot ploughshares&#8212;Women
+in slavery&#8212;Comparison of position of women under
+Roman and under Germanic laws&#8212;Influence of theology&#8212;Sources</p>
+<br>
+<p><a href="#CHAPTER_V">CHAPTER V</a></p>
+<p>DIGRESSION ON THE LATER HISTORY OF ROMAN LAW</p>
+<p>Explanation of the various social and political forces which
+affected the position of women in the Middle Ages</p>
+<br>
+<p><a href="#CHAPTER_VI">CHAPTER VI</a></p>
+<p>THE CANON LAW AND THE ATTITUDE OF THE ROMAN CATHOLIC CHURCH</p>
+<p>Canon law reaffirms the subjection of women&#8212;Women and
+marriage&#8212;Protection to women&#8212;Divorce&#8212;Cardinal
+Gibbons on protection of injured wives by Popes&#8212;Catholic
+Church has no divorce&#8212;But it allows fourteen
+reasons for declaring marriage null and void and leaving
+a husband or wife free to remarry&#8212;Some of these explained&#8212;Diriment
+impediments and dispensations&#8212;Historical
+instances of the Roman Church's inconsistency&#8212;Attitude
+towards women at present day&#8212;Opinions
+of Cardinals Gibbon and Moran, and Rev. David
+Barry and Rev. William Humphrey&#8212;Sources</p>
+<br>
+<p><a href="#CHAPTER_VII">CHAPTER VII</a></p>
+<p>WOMEN'S RIGHTS IN ENGLAND</p>
+<p>Single women have always had private rights&#8212;But males
+preferred in inheritance&#8212;Examples&#8212;Power of parents&#8212;Husband
+and wife&#8212;Wife completely controlled by
+husband&#8212;He could beat her and own all her property&#8212;Recent
+abrogation of the husband's power&#8212;Divorce&#8212;Jeremy
+Taylor and others on duty of women to bear
+husband's sins with meekness&#8212;Injustice of the present
+law of divorce&#8212;Rape and the age of legal consent&#8212;Progress
+of the rights to an education&#8212;Women in the
+professions&#8212;Woman suffrage&#8212;Sources</p>
+<br>
+<p><a href="#CHAPTER_VIII">CHAPTER VIII</a></p>
+<p>WOMEN'S RIGHTS IN THE UNITED STATES</p>
+<p>Examples of the early opposition to women's rights&#8212;Age
+of consent&#8212;Single women&#8212;History of agitation for
+women's rights&#8212;Convention of 1848&#8212;Progress after
+the Civil War&#8212;Beginnings of higher education&#8212;First
+women in medicine&#8212;And in law, the ministry, journalism,
+and industry&#8212;Status of women in all the States
+in 1910&#8212;Sources</p>
+<br>
+<p><a href="#CHAPTER_IX">CHAPTER IX</a></p>
+<p>GENERAL CONSIDERATIONS</p>
+<p>The five arguments commonly used against equal suffrage&#8212;The
+theological&#8212;The physiological&#8212;The social or political&#8212;The
+intellectual&#8212;The moral&#8212;Lecky on the
+nature of women&#8212;The old and the new conception&#8212;Thomas
+on the power of custom&#8212;Taboo&#8212;All evolution
+accompanied by some extravagance&#8212;Macaulay
+on liberty&#8212;The double standard of morality&#8212;Co-operation&#8212;The
+proper sphere for a human being&#8212;Discrepancies
+of wages&#8212;Legal evolution in the interpretation
+of labour laws&#8212;The alarmist view of divorce</p>
+<br>
+<p><a href="#CHAPTER_X">CHAPTER X</a></p>
+<p>FURTHER CONSIDERATIONS</p>
+<p>The rapid spread of suffrage throughout the world&#8212;Table
+of suffrage gains from early times to present date&#8212;In
+national politics in the United States&#8212;Attack on the
+suffrage parade and colloquy between Mr. Hobson
+and Mr. Mann on the subject&#8212;Suffrage amendment
+defeated in the Senate&#8212;Mr. Heflin's remarks in the
+House&#8212;Mr. Falconer replies&#8212;President Wilson refuses
+to take a stand&#8212;Amendment lost&#8212;Mr. Bryan on
+suffrage&#8212;Examples of legislation to protect women
+passed recently&#8212;The tendency is to complete equality
+of the sexes&#8212;Suffrage in England&#8212;A delayed reform in
+divorce&#8212;Women's rights on the Continent&#8212;Especially
+in Germany&#8212;Schopenhauer's views of women&#8212;Further
+remarks on the philosophy of suffrage&#8212;"Woman's
+sphere"&#8212;Ultimate results of women entering
+all businesses and professions&#8212;Feminism&#8212;The
+home is not necessarily every woman's sphere and
+neither is motherhood nor is it her congenital duty to
+make herself attractive to men&#8212;Unreasonableness of
+gratuitous advice to women and none to men&#8212;What
+we don't know&#8212;Fallacy of the argument that the fall
+of the Roman Empire was due to the liberty given to
+woman&#8212;Official organs of various suffrage societies</p>
+<br>
+<p><a href="#INDEX">INDEX</a></p>
+<hr style="width: 65%;">
+<a name="CHAPTER_I"></a>
+<h2><a name="Page_1"></a>CHAPTER I</h2>
+<h2>WOMEN'S RIGHTS UNDER ROMAN LAW, FROM
+AUGUSTUS TO JUSTINIAN&#8212;27 B.C. TO
+527 A.D.</h2>
+<br>
+<div class="sidenote"><br>
+Guardianship.</div>
+<p>The age of legal capability for the Roman
+woman was after the twelfth year, at which
+period she was permitted to make a will.<a name="FNanchor_1"></a><a
+ href="#Footnote_1"><sup>[1]</sup></a>
+However, she was by no means allowed
+to do so entirely on her own account, but only
+under supervision.<a name="FNanchor_2"></a><a href="#Footnote_2"><sup>[2]</sup></a>
+This superintendence was
+vested in the father or, if he was dead, in a guardian<a
+ name="FNanchor_3"></a><a href="#Footnote_3"><sup>[3]</sup></a>;
+if the woman was married, the power belonged
+to the husband. The consent of such
+supervision, whether of father, husband, or
+<a name="Page_2"></a>guardian, was essential, as Ulpian informs us,<a
+ name="FNanchor_4"></a><a href="#Footnote_4"><sup>[4]</sup></a>
+under these circumstances: if the woman entered
+into any legal action, obligation, or civil contract;
+if she wished her freedwoman to cohabit with
+another's slave; if she desired to free a slave; if
+she sold any things <i>mancipi</i>, that is, such as
+estates on Italian soil, houses, rights of road or
+aqueduct, slaves, and beasts of burden. Throughout
+her life a woman was supposed to remain
+absolutely under the power<a name="FNanchor_5"></a><a href="#Footnote_5"><sup>[5]</sup></a>
+of father, husband, or
+guardian, and to do nothing without their consent.
+In ancient times, indeed, this authority was so
+great that the father and husband could, after
+calling a family council, put the woman to death
+without public trial.<a name="FNanchor_6"></a><a href="#Footnote_6"><sup>[6]</sup></a>
+The reason that women
+were so subjected to guardianship was "on account
+of their unsteadiness of character,"<a name="FNanchor_7"></a><a
+ href="#Footnote_7"><sup>[7]</sup></a> "the weakness
+of the sex," and their "ignorance of legal
+matters."<a name="FNanchor_8"></a><a href="#Footnote_8"><sup>[8]</sup></a>
+Under certain circumstances, however,
+women became <i>sui iuris</i> or entirely independent:
+I. By the birth of three children
+(a freedwoman by four)<a name="FNanchor_9"></a><a href="#Footnote_9"><sup>[9]</sup></a>;
+II. By becoming a
+Vestal Virgin, of whom there were but six<a name="FNanchor_10"></a><a
+ href="#Footnote_10"><sup>[10]</sup></a>; III.
+By a formal emancipation, which took place
+<a name="Page_3"></a>rarely, and then often only with a view of
+transferring
+the power from one guardian to another.<a name="FNanchor_11"></a><a
+ href="#Footnote_11"><sup>[11]</sup></a>
+Even when <i>sui iuris</i> a woman could not acquire
+power over any one, not even over her own children<a name="FNanchor_12"></a><a
+ href="#Footnote_12"><sup>[12]</sup></a>;
+for these an agnate&#8212;a male relative on the
+father's side&#8212;was appointed guardian, and the
+mother was obliged to render him and her children
+an account of any property which she had
+managed for them.<a name="FNanchor_13"></a><a href="#Footnote_13"><sup>[13]</sup></a>
+On the other hand, her
+children were bound to support her.<a name="FNanchor_14"></a><a
+ href="#Footnote_14"><sup>[14]</sup></a></p>
+<div class="sidenote">Digression on the growth of respect for women</div>
+<p>So much for the laws on the subject. They
+seem rigorous enough, and in early times were
+doubtless executed with strictness. A
+marked feature, however, of the Roman
+character, a peculiarity which at once
+strikes the student of their history as compared
+with that of the Greeks, was their great respect
+for the home and the <i>materfamilias</i>. The stories
+of Lucretia, Cloelia, Virginia, Cornelia, Arria,
+and the like, familiar to every Roman schoolboy,
+must have raised greatly the esteem in which
+women were held. As Rome became a world
+power, the Romans likewise grew in breadth of
+view, in equity, and in tolerance. The political
+<a name="Page_4"></a>influence wielded by women<a name="FNanchor_15"></a><a
+ href="#Footnote_15"><sup>[15]</sup></a> was as great during
+the first three centuries after Christ as it has ever
+been at any period of the world's history; and the
+powers of a Livia, an Agrippina, a Plotina, did not
+fail to show pointedly what a woman could do.
+In the early days of the Republic women who
+touched wine were severely punished and male
+relatives were accustomed solemnly to kiss them,
+if haply they might discover the odour of drink on
+their breath.<a name="FNanchor_16"></a><a href="#Footnote_16"><sup>[16]</sup></a>
+Valerius Maximus tells us that
+<a name="Page_5"></a>Egnatius Mecenas, a Roman knight, beat his
+wife to death for drinking wine.<a name="FNanchor_17"></a><a
+ href="#Footnote_17"><sup>[17]</sup></a> Cato the Censor
+(234-149 B.C.) dilated with joy on the fact that a
+woman could be condemned to death by her husband
+for adultery without a public trial, whereas
+men were allowed any number of infidelities
+without censure.<a name="FNanchor_18"></a><a href="#Footnote_18"><sup>[18]</sup></a>
+The senator Metellus (131 B.C.)
+lamented that Nature had made it necessary to
+have women.<a name="FNanchor_19"></a><a href="#Footnote_19"><sup>[19]</sup></a></p>
+<p>The boorish cynicism of a Cato and a Metellus&#8212;though
+it never expressed the real feelings of the
+majority of Romans&#8212;gave way, however, under
+the Empire to a generous expression of the equality
+of the sexes in the realms of morality and of
+intellect. "I know what you may say," writes
+Seneca to Marcia,<a name="FNanchor_20"></a><a href="#Footnote_20"><sup>[20]</sup></a>
+"'You have forgotten that
+you are consoling a woman; you cite examples of
+fortitude on the part of men.' But who said that
+Nature had acted scurvily with the characters of
+women and had contracted their virtues into a
+narrow sphere? Equal force, believe me, is
+possessed by them; equal capability for what is
+<a name="Page_6"></a>honorable, if they so wish." The Emperor Marcus
+Aurelius gratefully recalls that from his mother he
+learned piety and generosity, and to refrain not
+only from doing ill, but even from thinking it,
+and simplicity of life, far removed from the
+ostentatious display of wealth.<a name="FNanchor_21"></a><a
+ href="#Footnote_21"><sup>[21]</sup></a> The passionate
+attachment of men like Quintilian and Pliny to
+their wives exhibits an equality based on love that
+would do honour to the most Christian households.<a name="FNanchor_22"></a><a
+ href="#Footnote_22"><sup>[22]</sup></a>
+All Roman historians speak with great admiration
+of the many heroic deeds performed by women
+and are fond of citing conspicuous examples of
+conjugal affection.<a name="FNanchor_23"></a><a href="#Footnote_23"><sup>[23]</sup></a>
+The masterly and <a name="Page_7"></a>sympathetic
+delineation of Dido in the <i>Aeneid</i> shows
+how deeply a Roman could appreciate the character
+of a noble woman. In the numerous provisions
+for the public education at the state's expense
+girls were given the same opportunities and
+privileges as boys; there were five thousand boys
+and girls educated by Trajan alone.<a name="FNanchor_24"></a><a
+ href="#Footnote_24"><sup>[24]</sup></a></p>
+<div class="sidenote"> Decay of the power or the guardian.</div>
+<p>Such are a few examples of the growth of respect
+for women; and we should naturally conclude
+that, as time progressed, the unjust
+laws of guardianship would no longer
+be executed to the letter, even though
+the hard statutes were not formally expunged.
+This was the case during the first three centuries
+after Christ, as is patent from many sources. It
+is to be borne in mind that because a law is on the
+books, does not mean necessarily that it is enforced.
+A law is no stronger than public opinion.
+Of this anomaly there are plenty of instances even
+to-day&#8212;the Blue Laws of Massachusetts, for
+example. "That women of mature age should be
+under guardianship," writes the great jurist
+Gaius<a name="FNanchor_25"></a><a href="#Footnote_25"><sup>[25]</sup></a>
+in the second century, "seems to have no
+valid reason as foundation. For what is commonly
+believed, to the effect that on account of
+unsteadiness of character they are generally
+<a name="Page_8"></a>hoodwinked, and that, therefore, it is right for
+them to be governed by the authority of a guardian,
+seems rather specious than true. As a matter of
+fact, women of mature age do manage their
+own affairs, and in certain cases the guardian
+interposes his authority as a mere formality;
+frequently, indeed, he is forced by the supreme
+judge to lend his authority against his will."
+Ulpian, too, hints at the really slight power of the
+guardian in his day, that is, the first three decades
+of the third century. "In the case of male and
+female wards under age, the guardians both
+manage their affairs and interpose their authority;
+but in the case of mature women they merely
+interpose their authority."<a name="FNanchor_26"></a><a
+ href="#Footnote_26"><sup>[26]</sup></a> The woman had, in
+practice, become free to manage her property as
+she wished; the function of the legal guardian
+was simply to see to it that no one should attempt
+a fraud against her. Adequately to observe the
+decay of the vassalage of women, we must investigate
+the story of their rights in all its forms;
+and the position of women in marriage will next
+occupy our attention.</p>
+<div class="sidenote"> Women and marriage.</div>
+<p>As in all Southern countries where women
+mature early, the Roman girl usually married
+<a name="Page_9"></a>young; twelve years were required by custom
+for her to reach the marriageable age.<a name="FNanchor_27"></a><a
+ href="#Footnote_27"><sup>[27]</sup></a> In the
+earlier period a woman was acquired
+as wife in three different ways: I. By
+<i>coemptio</i>&#8212;a mock sale to her husband<a name="FNanchor_28"></a><a
+ href="#Footnote_28"><sup>[28]</sup></a>; II. By
+<i>confarreatio</i>&#8212;a solemn marriage with peculiar
+sacred rites to qualify men and women and their
+children for certain priesthoods<a name="FNanchor_29"></a><a
+ href="#Footnote_29"><sup>[29]</sup></a>; III. By <i>usus</i>,
+or acquisition by prescription. A woman became
+a man's legal wife by <i>usus</i> if he had lived with
+her one full year and if, during that time, she had
+not been absent from him for more than three
+successive nights.<a name="FNanchor_30"></a><a href="#Footnote_30"><sup>[30]</sup></a></p>
+<p>All these forms, however, had either been
+abolished by law or had fallen into desuetude
+during the second century of our era, as is evident
+from Gaius.<a name="FNanchor_31"></a><a href="#Footnote_31"><sup>[31]</sup></a>
+A man could marry even if not
+present personally; a woman could not.<a name="FNanchor_32"></a><a
+ href="#Footnote_32"><sup>[32]</sup></a> The
+woman's parents or guardians were accustomed
+to arrange a match for her,<a name="FNanchor_33"></a><a
+ href="#Footnote_33"><sup>[33]</sup></a> as they still do in
+many parts of Europe. Yet the power of the
+<a name="Page_10"></a>father to coerce his daughter was limited. Her
+consent was important. "A marriage cannot
+exist," remarks Paulus, "unless all parties consent."<a
+ name="FNanchor_34"></a><a href="#Footnote_34"><sup>[34]</sup></a>
+Julianus writes also that the daughter
+must give her permission<a name="FNanchor_35"></a><a href="#Footnote_35"><sup>[35]</sup></a>;
+yet the statement
+of Ulpian which immediately follows in the
+Digest shows that she had not complete free will
+in the matter: "It is understood that she who
+does not oppose the wishes of her father gives
+consent. But a daughter is allowed to object
+only in case her father chooses for her a man of
+unworthy or disgraceful character."<a name="FNanchor_36"></a><a
+ href="#Footnote_36"><sup>[36]</sup></a> The son
+had an advantage here, because he could never
+be forced into a marriage against his will.<a name="FNanchor_37"></a><a
+ href="#Footnote_37"><sup>[37]</sup></a> The
+consent of the father was always necessary for a
+valid marriage.<a name="FNanchor_38"></a><a href="#Footnote_38"><sup>[38]</sup></a>
+He could not by will compel
+his daughter to marry a certain person.<a name="FNanchor_39"></a><a
+ href="#Footnote_39"><sup>[39]</sup></a> After
+she was married, he still retained power over her,
+unless she became independent by the birth of
+three children; but this was largely to protect her
+and represent her in court against her husband if
+necessity should arise.<a name="FNanchor_40"></a><a href="#Footnote_40"><sup>[40]</sup></a>
+A father was not <a name="Page_11"></a>permitted
+to break up a harmonious<a name="FNanchor_41"></a><a href="#Footnote_41"><sup>[41]</sup></a>
+marriage;
+he could not get back his daughter's dowry without
+her consent,<a name="FNanchor_42"></a><a href="#Footnote_42"><sup>[42]</sup></a>
+nor force her to return to her
+husband after a divorce<a name="FNanchor_43"></a><a href="#Footnote_43"><sup>[43]</sup></a>;
+and he was punished
+with loss of citizenship if he made a match for a
+widowed daughter before the legal time of mourning
+for her husband had expired.<a name="FNanchor_44"></a><a
+ href="#Footnote_44"><sup>[44]</sup></a> A daughter
+passed completely out of the power of her father
+only if she became <i>sui iuris</i> by the birth of three
+children or if she became a Vestal, or again if she
+married a special priest of Jupiter (<i>Flamen Dialis</i>),
+in which case, however, she passed completely
+into the power of her husband. Under all circumstances
+a daughter must not only show respect
+for her father, but also furnish him with the
+necessaries of life if he needed them.<a name="FNanchor_45"></a><a
+ href="#Footnote_45"><sup>[45]</sup></a></p>
+<div class="sidenote"> "Breach of Promise."</div>
+<p>Under the Empire no such thing as a "breach
+of promise" suit was permitted, although in the
+<a name="Page_12"></a>days of the Republic the party who broke a
+promise
+to marry had been liable to a suit for damages.<a name="FNanchor_46"></a><a
+ href="#Footnote_46"><sup>[46]</sup></a>
+But this had now disappeared,
+and either party could break off the
+betrothal at pleasure without prejudice.<a name="FNanchor_47"></a><a
+ href="#Footnote_47"><sup>[47]</sup></a> Whatever
+gifts had been given might be demanded
+back.<a name="FNanchor_48"></a><a href="#Footnote_48"><sup>[48]</sup></a>
+The engagement had to be formally
+broken off before either party could enter into marriage
+or betrothal with another; otherwise he or she
+lost civil status.<a name="FNanchor_49"></a><a href="#Footnote_49"><sup>[49]</sup></a>
+While an engagement lasted,
+the man could bring an action for damages against
+any one who insulted or injured his fianc&eacute;e.<a name="FNanchor_50"></a><a
+ href="#Footnote_50"><sup>[50]</sup></a></p>
+<div class="sidenote"><br>
+Husband and Wife.</div>
+<p>The Roman marriage was a purely civil contract
+based on consent.<a name="FNanchor_51"></a><a href="#Footnote_51"><sup>[51]</sup></a>
+The definition given by
+the law was a noble one. "Marriage is
+the union of a man and a woman and
+a partnership of all life; a mutual sharing of laws
+human and divine."<a name="FNanchor_52"></a><a href="#Footnote_52"><sup>[52]</sup></a>
+The power of the husband
+over the wife was called <i>manus</i>; and the wife
+stood in the same position as a daughter.<a name="FNanchor_53"></a><a
+ href="#Footnote_53"><sup>[53]</sup></a> No
+husband was allowed to have a concubine.<a name="FNanchor_54"></a><a
+ href="#Footnote_54"><sup>[54]</sup></a> He
+was bound to support his wife adequately, look
+<a name="Page_13"></a>out for her interests,<a name="FNanchor_55"></a><a
+ href="#Footnote_55"><sup>[55]</sup></a> and strictly to avenge
+any insult or injury offered her<a name="FNanchor_56"></a><a
+ href="#Footnote_56"><sup>[56]</sup></a>; any abusive
+treatment of the wife by the husband was punished
+by an action for damages<a name="FNanchor_57"></a><a href="#Footnote_57"><sup>[57]</sup></a>.
+A wife was
+compelled by law to go into solemn mourning
+for a space of ten months upon the death of a
+husband<a name="FNanchor_58"></a><a href="#Footnote_58"><sup>[58]</sup></a>.
+During the period of mourning she
+was to abstain from social banquets, jewels, and
+crimson and white garments<a name="FNanchor_59"></a><a
+ href="#Footnote_59"><sup>[59]</sup></a>. If she did not do
+so, she lost civil status. The emperor Gordian,
+in the year 238, remitted these laws so far as
+solemn clothing and other external signs of
+mourning above enumerated were concerned.<a name="FNanchor_60"></a><a
+ href="#Footnote_60"><sup>[60]</sup></a>
+But a husband was not compelled to do any legal
+mourning for the death of his wife.<a name="FNanchor_61"></a><a
+ href="#Footnote_61"><sup>[61]</sup></a></p>
+<p>The wife was, as I have said, in the power of
+her husband. Originally, no doubt, this power
+was absolute; the husband could even put his wife
+to death without a public trial. But the world
+was progressing, and that during the first three
+centuries after Christ the power of the husband
+was reduced in practice to absolute nullity I shall
+<a name="Page_14"></a>make clear in the following pages. I shall,
+accordingly, first investigate the rights of the wife
+over her dowry, that is, the right of managing her
+own property.</p>
+<p>Even from earliest times it is clear that the
+wife had complete control of her dowry. The
+henpecked husband who is afraid of offending his
+wealthy wife is a not uncommon figure in the
+comedies of Plautus and Terence; and Cato the
+Censor growled in his usual amiable manner at
+the fact that wives even in his day controlled completely
+their own property.<a name="FNanchor_62"></a><a href="#Footnote_62"><sup>[62]</sup></a>
+The attitude of the
+Roman law on the subject is clearly expressed.
+"It is for the good of the state that women have
+their dowries inviolate."<a name="FNanchor_63"></a><a
+ href="#Footnote_63"><sup>[63]</sup></a> "The dowry is always
+and everywhere a chief concern; for it is for the
+public good that dowries be retained for women,
+since it is highly necessary that they be dowered
+in order to bring forth offspring and replenish the
+state with children."<a name="FNanchor_64"></a><a href="#Footnote_64"><sup>[64]</sup></a>
+"It is just that the income
+of the dowry belong to the husband; for inasmuch
+as it is he who stands the burdens of the
+married state, it is fair that he also acquire the
+interest."<a name="FNanchor_65"></a><a href="#Footnote_65"><sup>[65]</sup></a>
+"Nevertheless, the dowry belongs
+<a name="Page_15"></a>to the woman, even though it is in the goods of
+the
+husband."<a name="FNanchor_66"></a><a href="#Footnote_66"><sup>[66]</sup></a>
+"A husband is not permitted to
+alienate his wife's estate against her will."<a name="FNanchor_67"></a><a
+ href="#Footnote_67"><sup>[67]</sup></a> A
+wife could use her dowry during marriage to
+support herself, if necessary, or her kindred,
+to buy a suitable estate, to help an exiled parent,
+or to assist a needy husband, brother, or sister.
+The numerous accounts in various authors of
+the first three centuries after Christ confirm
+the statement that the woman's power over
+her dowry was absolute.<a name="FNanchor_68"></a><a href="#Footnote_68"><sup>[68]</sup></a>
+Then as now, a man
+might put his property in his wife's name to
+escape his creditors,<a name="FNanchor_69"></a><a href="#Footnote_69"><sup>[69]</sup></a>&#8212;a
+useless proceeding, if
+she had not had complete control of her own
+property.</p>
+<p>When the woman died, her dowry, if it had been
+given by the father (<i>dos profecticia</i>) returned to the
+latter; but if any one else had given it (<i>dos adventicia</i>),
+the dowry remained with the husband, unless
+the donor had expressly stipulated that it was
+to be returned to himself at the woman's death
+(<i>dos recepticia</i>),<a name="FNanchor_70"></a><a href="#Footnote_70"><sup>[70]</sup></a>
+In the case of a dowry of
+the
+first kind, the husband might retain what he had
+<a name="Page_16"></a>expended for his wife's funeral.<a
+ name="FNanchor_71"></a><a href="#Footnote_71"><sup>[71]</sup></a>
+The dowry was
+confiscated to the state if the woman was convicted
+of l&egrave;se majest&eacute;, violence against the state, or
+murder.<a name="FNanchor_72"></a><a href="#Footnote_72"><sup>[72]</sup></a>
+If she suffered punishment involving
+loss of civil status under any other law which did
+not assess the penalty of confiscation, the husband
+acquired the dowry just as if she were dead.
+Banishment operated as no impediment; if the
+woman wished to leave her husband under these
+circumstances, her father could recover the dowry.<a name="FNanchor_73"></a><a
+ href="#Footnote_73"><sup>[73]</sup></a></p>
+<p>A further confirmation of the power of the wife
+over her property is the law that prohibited gifts
+between husband and wife; obviously, a woman
+could not be said to have the power of making
+a gift if she had no right of property of her own.
+The object of the law mentioned was to prevent
+the husband and wife from receiving any lasting
+damage to his or her property by giving of it
+under the impulse of conjugal affection.<a name="FNanchor_74"></a><a
+ href="#Footnote_74"><sup>[74]</sup></a> This
+statute acted powerfully to prevent a husband
+from wheedling a wife out of her goods; and in case
+the latter happened to be of a grasping disposition
+the law was a protection to the husband and
+hence to the children, his heirs, for whose interests
+the Roman law constantly provided.</p>
+<p><a name="Page_17"></a>Gifts between husband and wife were
+nevertheless
+valid under certain conditions. It was
+permissible to make a present of clothing and to
+bestow various tokens of affection, such as ornaments.
+The husband could present his wife with
+enough money to rebuild a house of hers which
+had burned.<a name="FNanchor_75"></a><a href="#Footnote_75"><sup>[75]</sup></a>
+The Emperor Marcus Aurelius
+permitted a wife to give her husband the sum
+necessary to obtain public office or to become a
+senator or knight or to give public games.<a name="FNanchor_76"></a><a
+ href="#Footnote_76"><sup>[76]</sup></a> A
+gift was also legal if made by the husband in
+apprehension that death might soon overtake
+him; if, for instance, he was very sick or was
+setting out to war, or to exile, or on a dangerous
+journey.<a name="FNanchor_77"></a><a href="#Footnote_77"><sup>[77]</sup></a>
+The point in all gifts was, that neither
+party should become richer by the donation.<a name="FNanchor_78"></a><a
+ href="#Footnote_78"><sup>[78]</sup></a></p>
+<p>Some further considerations of the relation of
+husband and wife will aid in setting forth the
+high opinion which Roman law entertained of
+marriage and its constant effort to protect the
+wife as much as possible. A wife could not be
+held in a criminal action if she committed theft
+against her husband. The various statements
+of the jurists make the matter clear. Thus
+Paulus<a name="FNanchor_79"></a><a href="#Footnote_79"><sup>[79]</sup></a>:
+"A special action for the recovery of
+<a name="Page_18"></a>property removed [<i>rerum amotarum iudicium</i>]
+has
+been introduced against her who was a wife, because
+it has been decided that it is not possible
+to bring a criminal action for theft against her
+[<i>quid non placuit cum ea furti agere posse</i>]. Some&#8212;as
+Nerva Cassius&#8212;think she cannot even commit
+theft, on the ground that the partnership in
+life made her mistress, as it were. Others&#8212;like
+Sabinus and Proculus&#8212;hold that the wife can
+commit theft, just as a daughter may against her
+father, but that there can be no criminal action
+by established law." "As a mark of respect
+to the married state, an action involving disgrace
+for the wife is refused."<a name="FNanchor_80"></a><a
+ href="#Footnote_80"><sup>[80]</sup></a> "Therefore she will be
+held for theft if she touches the same things after
+being divorced. So, too, if her slave commits
+theft, we can sue her on the charge. But it is
+possible to bring an action for theft even against
+a wife, if she has stolen from him whose heirs we
+are or before she married us; nevertheless, as a
+mark of respect we say that in each case a formal
+claim for restitution alone is admissible, but not
+an action for theft."<a name="FNanchor_81"></a><a href="#Footnote_81"><sup>[81]</sup></a>
+"If any one lends help or
+advice to a wife who is filching the property of
+her husband, he shall be held for theft. If he
+commits theft with her, he shall be held for theft,
+although the woman herself is not held."<a name="FNanchor_82"></a><a
+ href="#Footnote_82"><sup>[82]</sup></a></p>
+<p><a name="Page_19"></a>A husband who did not avenge the murder of
+his wife lost all claims to her dowry, which was
+then confiscated to the state; this by order of the
+Emperor Severus.<a name="FNanchor_83"></a><a href="#Footnote_83"><sup>[83]</sup></a></p>
+<p>The laws on adultery are rather more lenient to
+the woman than to the man. In the first place,
+the Roman law insisted that it was unfair for a
+husband to demand chastity on the part of his
+wife if he himself was guilty of infidelity or did not
+set her an example of good conduct,<a name="FNanchor_84"></a><a
+ href="#Footnote_84"><sup>[84]</sup></a>&#8212;a maxim
+which present day lawyers may reflect upon with
+profit. A father was permitted to put to death
+<a name="Page_20"></a>his daughter and her paramour if she was still in
+his power and if he caught her in the act at his
+own house or that of his son-in-law; otherwise he
+could not.<a name="FNanchor_85"></a><a href="#Footnote_85"><sup>[85]</sup></a>
+He must, however, put both man and
+woman to death at once, when caught in the act;
+to reserve punishment to a later date was unlawful.
+The husband was not permitted to kill his wife;
+he might kill her paramour if the latter was a man
+of low estate, such as an actor, slave, or freedman,
+or had been convicted on some criminal
+charge involving loss of citizenship.<a name="FNanchor_86"></a><a
+ href="#Footnote_86"><sup>[86]</sup></a> The
+reason that the father was given the power
+which was denied the husband was that the
+latter's resentment would be more likely to blind
+his power of judging dispassionately the merits
+of the case.<a name="FNanchor_87"></a><a href="#Footnote_87"><sup>[87]</sup></a>
+If now the husband forgot himself
+and slew his wife, he was banished for life if of
+noble birth, and condemned to perpetual hard
+labour if of more humble rank.<a name="FNanchor_88"></a><a
+ href="#Footnote_88"><sup>[88]</sup></a> He must at once
+divorce a wife guilty of adultery; otherwise he
+was punished as a pander, and that meant loss
+of citizenship.<a name="FNanchor_89"></a><a href="#Footnote_89"><sup>[89]</sup></a>
+Women convicted of adultery
+were, when not put to death, punished by the
+loss of half their dowry, a third part of their
+other goods, and relegation to an island; guilty
+<a name="Page_21"></a>men suffered the loss of half of their
+possessions
+and similar relegation to an island; but the guilty
+parties were never confined in the same place.<a name="FNanchor_90"></a><a
+ href="#Footnote_90"><sup>[90]</sup></a>
+We have mention also in several writers of some
+curious and vicious punishments that might be
+inflicted on men guilty of adultery.<a name="FNanchor_91"></a><a
+ href="#Footnote_91"><sup>[91]</sup></a></p>
+<p>Now, all this seems rigorous enough; but, as I
+have already remarked, we must beware of imagining
+that a statute is enforced simply because
+it stands in the code. As a matter of fact, public
+sentiment had grown so humane in the first three
+centuries after Christ that it did not for a moment
+tolerate that a father should kill his daughter,
+no matter how guilty she was; and in all our
+records of that period no instance occurs. As to
+husbands, we have repeated complaints in the
+literature of the day that they had grown so
+complaisant towards erring wives that they could
+not be induced to prosecute them.<a name="FNanchor_92"></a><a
+ href="#Footnote_92"><sup>[92]</sup></a> A typical instance
+is related by Pliny.<a name="FNanchor_93"></a><a href="#Footnote_93"><sup>[93]</sup></a>
+Pliny was summoned
+by the Emperor Trajan to attend a council where,
+among other cases, that of a certain Gallitta was
+discussed. She had married a military tribune
+and had committed adultery with a common
+captain (<i>centurio</i>). Trajan sent the captain into
+<a name="Page_22"></a>exile. The husband took no measures against
+his wife, but went on living with her. Only by
+coercion was he finally induced to prosecute.
+Pliny informs us that the guilty woman had to be
+condemned, even against the will of her accuser.</p>
+<p>A woman guilty of incest received no punishment,
+but the guilty man was deported to an
+island.<a name="FNanchor_94"></a><a href="#Footnote_94"><sup>[94]</sup></a>
+If the incest involved adultery, the
+woman was of course held on that charge.</p>
+<div class="sidenote"> Divorce</div>
+<p>We come now to a matter where the growing
+freedom of women reached its highest point&#8212;the
+matter of divorce. Here again we have
+to note the progress of toleration and humanitarianism.
+In the early days of the Republic
+the family tie was rarely severed. Valerius Maximus
+tells us<a name="FNanchor_95"></a><a href="#Footnote_95"><sup>[95]</sup></a>
+of a quaint custom of the olden days,
+to the effect that "whenever any quarrel arose
+between husband and wife, they would proceed
+to the chapel of the goddess Viriplaca ["Reconciler
+of Husbands"], which is on the Palatine, and
+there they would mutually express their feelings;
+then, laying aside their anger, they returned home
+reconciled." During these days a woman could
+never herself take the initiative in divorce; the
+husband was all-powerful. The first divorce
+of which we have any record took place in the
+year 231 B.C., when Spurius Carvilius Ruga put
+away his wife for sterility. Public opinion censured
+him severely for it "because people thought
+<a name="Page_23"></a>that not even the desire for children ought to
+have
+been preferred to conjugal fidelity and affection."<a name="FNanchor_96"></a><a
+ href="#Footnote_96"><sup>[96]</sup></a>
+As the Empire extended and Rome became more
+worldly and corrupt, the reasons for divorce became
+more trivial. Sempronius Sophus divorced
+his wife because she had attended some public
+games without his knowledge.<a name="FNanchor_97"></a><a
+ href="#Footnote_97"><sup>[97]</sup></a> Cicero, who
+was a lofty moralist&#8212;on paper,&#8212;put away his
+wife Terentia in order to marry a rich young
+ward and get her money if he could. Maecenas,
+the great prime-minister of Augustus, sent away
+and took back his wife repeatedly at caprice&#8212;perhaps
+he believed that variety is the spice of
+life. But during all this time the husband alone
+could annul marriage.<a name="FNanchor_98"></a><a href="#Footnote_98"><sup>[98]</sup></a></p>
+<p>Gradually, however, the status of women changed
+and they were given greater and greater liberty.
+Inasmuch as Roman marriage was a civil contract
+based on consent, strict justice had to allow
+that on this basis either party to the contract
+might annul the marriage at his or her pleasure.
+The result was that during the first three centuries
+after Christ the wife had absolute freedom to take
+the initiative and send her husband a divorce
+whenever and for whatever reason she wished.
+<a name="Page_24"></a>The proof of this fact is positively established
+not
+only from the statements of the jurists, but also
+from numberless accounts in the other writers of
+the day.<a name="FNanchor_99"></a><a href="#Footnote_99"><sup>[99]</sup></a>
+Divorce became, at least among the
+higher strata of society, extraordinarily frequent.
+That a lady of the Upper Four Hundred should
+have been content with only one husband was
+deemed worthy of special mention on her tomb; the
+word <i>univira</i> (a woman of one husband) may
+still be read on certain inscriptions. The satirists
+are fond of dwelling on the license allowed to
+women in the case of divorce. Martial, for instance,<a
+ name="FNanchor_100"></a><a href="#Footnote_100"><sup>[100]</sup></a>
+says that one Theselina married ten husbands
+in one month. Still, allowing for the natural
+exaggeration of satirists, we are yet reasonably sure
+that divorce had reached great heights in the upper
+classes. Whether it was as bad among the middle
+classes is very improbable. There was one kind
+of marriage which, originally at least, did not
+admit of dissolution.<a name="FNanchor_101"></a><a href="#Footnote_101"><sup>[101]</sup></a>
+This was the solemn
+marriage by <i>confarreatio</i>, already described, which
+<a name="Page_25"></a>qualified the husband and wife for the special
+priesthood of Jupiter. Women soon grew to
+value their freedom too highly to enter it; as
+early as 23 A.D. the Senate had to relax some of the
+rigour of the old laws on the matter as a special
+inducement for women to consent to enter this
+union.<a name="FNanchor_102"></a><a href="#Footnote_102"><sup>[102]</sup></a></p>
+<p>We may now observe what became of the wife's
+property after divorce and what her rights were
+under such circumstances. If it was the husband
+who had taken the initiative and had sent his wife
+a divorce, and if the divorce was not the fault of
+the woman, she at once had an action in law for
+complete recovery of her dowry; on her own responsibility
+if she was <i>sui iuris</i>, otherwise with
+the help of her father.<a name="FNanchor_103"></a><a
+ href="#Footnote_103"><sup>[103]</sup></a> But even the woman still
+under guardianship could act by herself if her
+father was too sick or infirm or if she had no other
+agent to act for her.<a name="FNanchor_104"></a><a href="#Footnote_104"><sup>[104]</sup></a>
+For the offence of
+adultery
+a husband had to pay back the dowry at once;
+for lesser guilt he might return it in instalments
+at intervals of six months.<a name="FNanchor_105"></a><a
+ href="#Footnote_105"><sup>[105]</sup></a> If, now, the divorce
+was clearly the fault of the woman, her husband
+could retain certain parts of the dowry in these
+proportions: for adultery, a sixth part for each
+of the children up to one half of the whole; for
+lighter offences, an eighth part; if the husband had
+<a name="Page_26"></a>gone to expense or had incurred civil obligations
+for his wife's benefit or if she had removed any
+of his property, he could recover the amount.<a name="FNanchor_106"></a><a
+ href="#Footnote_106"><sup>[106]</sup></a></p>
+<p>A year and six months must elapse after a
+divorce before the woman was allowed to marry
+again.<a name="FNanchor_107"></a><a href="#Footnote_107"><sup>[107]</sup></a>
+If at the time of the divorce she was
+pregnant, her husband was obliged to support her
+offspring, provided that within thirty days after
+the separation she informed him of her condition.<a name="FNanchor_108"></a><a
+ href="#Footnote_108"><sup>[108]</sup></a>
+She could sue her former husband for damages if
+he insulted her.<a name="FNanchor_109"></a><a href="#Footnote_109"><sup>[109]</sup></a>
+Whether the children
+should
+stay with the mother or father was left to the
+discretion of the judge.<a name="FNanchor_110"></a><a
+ href="#Footnote_110"><sup>[110]</sup></a></p>
+<div class="sidenote"> Property rights of widows and single women.</div>
+<p>The married woman had, as I have shown,
+complete disposal of her own property. Let us
+see next what rights those women had
+over their possessions who were widows
+or spinsters.</p>
+<p>Roman Law constantly strove to protect the
+children and laid it down as a maxim that the
+property of their parents belonged to them.<a name="FNanchor_111"></a><a
+ href="#Footnote_111"><sup>[111]</sup></a>
+<a name="Page_27"></a>A widow could not therefore, except by special
+permission from the emperor,<a name="FNanchor_112"></a><a
+ href="#Footnote_112"><sup>[112]</sup></a> be the legal
+guardian of her children, but must ask the court to
+appoint one upon the death of her husband.<a name="FNanchor_113"></a><a
+ href="#Footnote_113"><sup>[113]</sup></a>
+This was to prevent possible mismanagement and
+because "to undertake the legal defence of others
+is the office of men."<a name="FNanchor_114"></a><a href="#Footnote_114"><sup>[114]</sup></a>
+But she was permitted to
+assume complete charge of her children's property
+during their minority and enjoy the usufruct;
+only she must render an account of the goods
+when the children arrived at maturity.<a name="FNanchor_115"></a><a
+ href="#Footnote_115"><sup>[115]</sup></a> We
+have many instances of women who managed their
+children's patrimony and did it exceedingly well.
+"You managed our patrimony in such wise," writes
+Seneca to his mother,<a name="FNanchor_116"></a><a href="#Footnote_116"><sup>[116]</sup></a>
+"that you exerted
+yourself
+as if it were yours and yet abstained from it as if
+it belonged to others."<a name="FNanchor_117"></a><a
+ href="#Footnote_117"><sup>[117]</sup></a> Agricola, father-in-law
+of
+Tacitus, had such confidence in his wife's business
+ability that he made her co-heir with his daughter
+and the Emperor Domitian.<a name="FNanchor_118"></a><a
+ href="#Footnote_118"><sup>[118]</sup></a> A mother could
+get an injunction to restrain extravagance on
+<a name="Page_28"></a>the part of her children.<a name="FNanchor_119"></a><a
+ href="#Footnote_119"><sup>[119]</sup></a>
+Women could not
+adopt.<a name="FNanchor_120"></a><a href="#Footnote_120"><sup>[120]</sup></a></p>
+<p>Married women, spinsters, and widows had as
+much freedom as men in disposing of property
+by will. If there were children, the Roman law
+put certain limitations on the testator's powers,
+whether man or woman. By the Falcidian Law
+no one was allowed to divert more than three
+fourths of his estate from his (or her) natural
+heirs.<a name="FNanchor_121"></a><a href="#Footnote_121"><sup>[121]</sup></a>
+But for any adequate cause a woman
+could disinherit her children completely; and
+there are many instances of this extant both in the
+Law Books and in the literature of the day.<a name="FNanchor_122"></a><a
+ href="#Footnote_122"><sup>[122]</sup></a></p>
+<p>Single women had grown absolutely unshackled
+and even their guardians had become a mere
+formality, as the words of Gaius, already quoted
+(<a href="#Page_8">page 8</a>) prove. That they had complete disposal
+of their property is proved furthermore
+by the numerous complaints in Roman authors
+about the sycophants who flattered and toadied the
+wealthy ladies with an eye to being remembered
+in their wills.<a name="FNanchor_123"></a><a href="#Footnote_123"><sup>[123]</sup></a>
+For it is evident that
+if these
+<a name="Page_29"></a>women had not had the power freely to dispose of
+their own property, there would have been no
+point in paying them such assiduous court. The
+legal age of maturity was now twenty-five for
+both male and female.</p>
+<div class="sidenote"> Women engaged in business pursuits.</div>
+<p>Women engaged freely in all business pursuits.
+We find them in all kinds of retail trade and commerce,<a
+ name="FNanchor_124"></a><a href="#Footnote_124"><sup>[124]</sup></a>
+as members of guilds,<a name="FNanchor_125"></a><a href="#Footnote_125"><sup>[125]</sup></a>
+in medicin<a name="FNanchor_126"></a><a href="#Footnote_126"><sup>[126]</sup></a>
+innkeeping,<a name="FNanchor_127"></a><a href="#Footnote_127"><sup>[127]</sup></a>
+in vaudevil<a name="FNanchor_128"></a><a href="#Footnote_128"><sup>[128]</sup></a>;
+there
+were even female barbers<a name="FNanchor_129"></a><a
+ href="#Footnote_129"><sup>[129]</sup></a> and charioteer<a
+ name="FNanchor_130"></a><a href="#Footnote_130"><sup>[130]</sup></a>
+Examples of women who toiled
+for a living with their own hands are indeed very
+old, as the widow, described by Homer, who
+worked for a scanty wage to support her fatherless
+children, or the wreathmaker, mentioned by
+Aristophanes.<a name="FNanchor_131"></a><a href="#Footnote_131"><sup>[131]</sup></a>
+But such was the case only with
+women of the lower classes; the lady of high birth
+acted through her agents.<a name="FNanchor_132"></a><a
+ href="#Footnote_132"><sup>[132]</sup></a></p>
+<div class="sidenote"> The right of women to sue.</div>
+<p><a name="Page_30"></a>When so many women were engaged in business,
+occasions for lawsuits would naturally arise; we
+shall see next what power the woman
+had to sue. It was a standing maxim
+of the law that a woman by herself
+could not conduct a case in court.<a name="FNanchor_133"></a><a
+ href="#Footnote_133"><sup>[133]</sup></a> She had to
+act through her agent, if she was independent,
+otherwise through her guardian. The supreme
+judge at Rome and the governor in a province
+assigned an attorney to those who had no agent or
+guardian.<a name="FNanchor_134"></a><a href="#Footnote_134"><sup>[134]</sup></a>
+But in this case again custom and
+the law were at variance. Various considerations
+will make it clear that women who sued had, in
+practice, complete disposal of the matter. <span
+ style="font-weight: bold;">I</span>.&#8212;A
+woman who was still under the power of her father
+must, according to law, sue with him as her agent
+or appoint an agent to act with him. Nevertheless,
+a father could do nothing without the consent
+of his daughter.<a name="FNanchor_135"></a><a href="#Footnote_135"><sup>[135]</sup></a>
+Obviously, then, so far
+as the
+power of the father was concerned, a woman had
+practically the management of her suit. <span
+ style="font-weight: bold;">II</span>.&#8212;The
+husband had no power. If he tried to browbeat
+her as to what to do, she could send him a divorce,
+a privilege which she had at her beck and call,
+<a name="Page_31"></a>as we have seen; and then she could force him to
+give her any guardian she wanted.<a name="FNanchor_136"></a><a
+ href="#Footnote_136"><sup>[136]</sup></a> <big>III</big>.&#8212;That the
+authority of other guardians was in practice a
+mere formality, I have already proved (<a href="#Page_7">pp. 7 </a>and
+<a href="#Page_8">8</a>).</p>
+<p>From these considerations it is clear that the
+woman's wishes were supreme in the conduct of
+any suit. Moreover, the law expressly states that
+women may appoint whatever attorneys or agents
+they desire, without asking the consent of their
+legal guardians<a name="FNanchor_137"></a><a href="#Footnote_137"><sup>[137]</sup></a>;
+and thus they were at
+liberty to
+select a man who would manage things as they
+might direct. There were cases where even the
+strict letter of the law permitted women to lay
+an action on their own responsibility alone: if,
+when a suit for recovery of dowry was brought,
+the father was absent or hindered by infirmities<a name="FNanchor_138"></a><a
+ href="#Footnote_138"><sup>[138]</sup></a>;
+if the woman sued or was sued to get or render an
+account of property managed in trust<a name="FNanchor_139"></a><a
+ href="#Footnote_139"><sup>[139]</sup></a>; to avenge
+the death of a parent or children, or of patron or
+patroness and their children<a name="FNanchor_140"></a><a
+ href="#Footnote_140"><sup>[140]</sup></a>; to lay bare any
+matter pertaining to the public grain supply<a name="FNanchor_141"></a><a
+ href="#Footnote_141"><sup>[141]</sup></a>;
+and to disclose cases of treason.<a name="FNanchor_142"></a><a
+ href="#Footnote_142"><sup>[142]</sup></a></p>
+<div class="sidenote"> Instances of women pleading in public and suing.</div>
+<p>We read of many cases of women pleading
+<a name="Page_32"></a>publicly and bringing suit. Indeed, according
+to Juvenal&#8212;who is, however, a pessimist by profession&#8212;the
+ladies found legal proceedings
+so interesting that bringing suit
+became a passion with them as strong as
+it had once been among the Athenians.
+Thus Juvenal<a name="FNanchor_143"></a><a href="#Footnote_143"><sup>[143]</sup></a>:
+"There is almost no case in
+which a woman wouldn't bring suit. Manilia
+prosecutes, when she isn't a defendant. They
+draw up briefs quite by themselves, and are ready
+to cite principles and authorities to Celsus [a
+celebrated lawyer of that time]." Of pleading in
+public one of the celebrated instances was that of
+Hortensia, daughter of the great orator Quintus
+Hortensius, Cicero's rival. On an occasion when
+matrons had been burdened with heavy taxes and
+none of their husbands would fight the measure,
+Hortensia pleaded the case publicly with great
+success. All writers speak of her action and the
+eloquence of her speech with great admiration.<a name="FNanchor_144"></a><a
+ href="#Footnote_144"><sup>[144]</sup></a>
+We hear also of a certain Gaia Afrania, wife of a
+Senator; she always conducted her case herself
+before the supreme judge, "not because there was
+any lack of lawyers," adds her respectable and
+scandalised historian,<a name="FNanchor_145"></a><a href="#Footnote_145"><sup>[145]</sup></a>
+"but because she had
+more
+than enough of impudence."</p>
+<p>Quintilian mentions several cases of women
+<a name="Page_33"></a>being sued<a name="FNanchor_146"></a><a
+ href="#Footnote_146"><sup>[146]</sup></a>; Pliny tells how he
+acted as attorney
+for some<a name="FNanchor_147"></a><a href="#Footnote_147"><sup>[147]</sup></a>;
+and the Law Books will supply any one
+curious in the matter with abundant examples.<a name="FNanchor_148"></a><a
+ href="#Footnote_148"><sup>[148]</sup></a>
+A quotation from Pliny<a name="FNanchor_149"></a><a href="#Footnote_149"><sup>[149]</sup></a>
+will give an idea of the
+kind of suit a woman might bring, and the great interest
+aroused thereby: "Attia Viriola, a woman of
+illustrious birth and married to a former supreme
+judge, was disinherited by her eighty-year-old
+father within eleven days after he had brought
+Attia a stepmother. Attia was trying to regain
+her share of her father's estate. One hundred and
+eighty jurors sat in judgment. The tribunal was
+crowded, and from the higher part of the court
+both men and women strained over the railings in
+their eagerness to hear (which was difficult), and
+to see (which was easy)."</p>
+<div class="sidenote"> Partiality of the law to women.</div>
+<p>There were many legal qualifications designed
+to help women evade the strict letter of the law
+when this, if enforced absolutely, would
+work injustice. Ignorance of the law,
+if there was no criminal offence involving
+good morals, was particularly accepted in the case
+of women "on account of the weakness of the sex."<a name="FNanchor_150"></a><a
+ href="#Footnote_150"><sup>[150]</sup></a>
+A typical instance of the growth of the desire to
+help women, protect them as much as possible,
+<a name="Page_34"></a>and stretch the laws in their favour, may be
+taken
+from the senatorial decree known as the Senatus
+Consultum Velleianum.<a name="FNanchor_151"></a><a href="#Footnote_151"><sup>[151]</sup></a>
+This was an order
+forbidding females to become sureties or defendants
+for any one in a contract. But at the end of the
+first century of our era the Senate voted that the
+law be emended to help women and to give them
+special privileges in every class of contract. "We
+must praise the farsightedness of that illustrious
+order," comments the great jurist Ulpian,<a name="FNanchor_152"></a><a
+ href="#Footnote_152"><sup>[152]</sup></a> "because
+it brought aid to women on account of the
+weakness of the sex, exposed, as it is, to many
+mishaps of this sort."</p>
+<div class="sidenote"> Rights of women to inherit.</div>
+<p>The rights of women to inherit under Roman
+law deserve some mention. Here again we may
+note a steady growth of justice. Some
+general examples will make this clearer,
+before I treat of the specific powers of inheritance.
+<span style="font-weight: bold;">I.</span>&#8212;In the year 169 B.C. the
+Tribune Quintus
+Voconius Saxa had a law passed which restricted
+greatly the rights of women to inherit.<a name="FNanchor_153"></a><a
+ href="#Footnote_153"><sup>[153]</sup></a> According
+to Dio<a name="FNanchor_154"></a><a href="#Footnote_154"><sup>[154]</sup></a>
+no woman was, by this statute, permitted
+to receive more than 25,000 sesterces&#8212;1250
+dollars. In the second century after Christ, this
+law had fallen into complete desuetude.<a name="FNanchor_155"></a><a
+ href="#Footnote_155"><sup>[155]</sup></a> <span
+ style="font-weight: bold;">II.</span>&#8212;By
+<a name="Page_35"></a>the Falcidian Law, passed in the latter part of
+the first century B.C., no citizen was allowed to
+divert more than three fourths of his estate from
+his natural heirs.<a name="FNanchor_156"></a><a href="#Footnote_156"><sup>[156]</sup></a>
+The Romans felt strongly
+against any man who disinherited his children
+without very good reason; the will of such a
+parent was called <i>inofficiosum</i>, "made without
+a proper feeling of duty," and the disinherited
+children had an action at law to recover their
+proper share.<a name="FNanchor_157"></a><a href="#Footnote_157"><sup>[157]</sup></a>
+A daughter was considered a
+natural heir no less than a son and had equal
+privileges in succession<a name="FNanchor_158"></a><a
+ href="#Footnote_158"><sup>[158]</sup></a>; and so women were
+bound to receive some inheritance at least. <span
+ style="font-weight: bold;">III.</span>&#8212;It
+is a sad commentary on Christian rulers that for
+many ages they allowed the crimes of the father
+to be visited upon his children and by their bills
+of attainder confiscated to the state the goods
+of condemned offenders. Now, the Roman law
+stated positively that "the crime or punishment
+<a name="Page_36"></a>of a father can inflict no stigma on his child."<a
+ name="FNanchor_159"></a><a href="#Footnote_159"><sup>[159]</sup></a>
+So
+far as the goods of the father were concerned, the
+property of three kinds of criminals escheated to
+the crown: <span style="font-weight: bold;">(1)</span> those who
+committed suicide
+while under indictment for some crime,<a name="FNanchor_160"></a><a
+ href="#Footnote_160"><sup>[160]</sup></a> <span
+ style="font-weight: bold;">(2)</span>
+forgers,<a name="FNanchor_161"></a><a href="#Footnote_161"><sup>[161]</sup></a>
+<span style="font-weight: bold;">(3)</span> those guilty of high treason<a
+ name="FNanchor_162"></a><a href="#Footnote_162"><sup>[162]</sup></a>.
+Yet
+it seems reasonable to doubt whether these laws
+were very often carried out strictly to the letter.
+For example, the law did indeed hold that the
+estate of a party guilty of treason was confiscated
+to the state<a name="FNanchor_163"></a><a href="#Footnote_163"><sup>[163]</sup></a>;
+but even here it was expressly
+ordained that the goods of the condemned man's
+freedmen be reserved for his children.<a name="FNanchor_164"></a><a
+ href="#Footnote_164"><sup>[164]</sup></a> Moreover,
+in actual practice we can find few instances
+where the law was executed in its literal severity
+even under the worst tyrants. It was Julius
+Caesar who first set the splendid example of
+allowing to the children of his dead foes full
+enjoyment of their patrimonies.<a name="FNanchor_165"></a><a
+ href="#Footnote_165"><sup>[165]</sup></a> Succeeding
+<a name="Page_37"></a>emperors followed the precedent.<a
+ name="FNanchor_166"></a><a href="#Footnote_166"><sup>[166]</sup></a>
+Tyrants like
+Tiberius and Nero, strangely enough, in a majority
+of cases overruled the Senate when it proposed
+to confiscate the goods of those condemned for
+treason, and allowed the children a large part
+or all of the paternal estate.<a name="FNanchor_167"></a><a
+ href="#Footnote_167"><sup>[167]</sup></a> Hadrian gave
+the children of proscribed offenders the twelfth
+part of their father's goods.<a name="FNanchor_168"></a><a
+ href="#Footnote_168"><sup>[168]</sup></a> Antoninus Pius
+gave them all.<a name="FNanchor_169"></a><a href="#Footnote_169"><sup>[169]</sup></a>
+There was a strong public feeling
+against bills of attainder and this sentiment is
+voiced by all writers of the Empire. The law
+forbade wives to suffer any loss for any fault of
+their husbands.<a name="FNanchor_170"></a><a href="#Footnote_170"><sup>[170]</sup></a></p>
+<p>Since we have now noticed that women could
+inherit any amount, that they were bound to
+receive something under their fathers' wills, and
+that the guilt of their kin could inflict no prejudice
+upon them in the way of bills of attainder involving
+physical injury or civil status and, in
+practice, little loss so far as inheriting property
+<a name="Page_38"></a>was concerned, we may pass to a contemplation of
+the specific legal rights of inheritance of women.</p>
+<p>If women were to be disinherited, it was sufficient
+to mention them in an aggregate; but males must
+be mentioned specifically.<a name="FNanchor_171"></a><a
+ href="#Footnote_171"><sup>[171]</sup></a> If, however, they
+were disinherited in an aggregate (<i>inter ceteros</i>),
+some legacy had to be left them that they might
+not seem to have been passed over through
+forgetfulness.<a name="FNanchor_172"></a><a href="#Footnote_172"><sup>[172]</sup></a>
+I shall not concern myself particularly
+with testate succession, because here
+obviously the will of the testator could dispose
+as he wished, except in so far as he was limited
+by the Falcidian Law. The matter of intestate
+succession may well claim our attention; for
+therein we shall see what powers of inheritance
+were given the female sex. The general principles
+are explained by Gaius (iii, 1-38); and these
+principles followed, in the main, the law as laid
+down in the Twelve Tables (451 B.C.). According
+to these, the estates of those who died intestate
+belonged first of all to the children who were in
+the power of the deceased at the time of his death;
+there was no distinction of sex; the daughters
+were entitled to precisely the same amount as
+the sons.<a name="FNanchor_173"></a><a href="#Footnote_173"><sup>[173]</sup></a>
+If the children of the testator had
+died, the grandson or granddaughter <i>through the
+son</i> succeeded; or the great-grandson or great-<a name="Page_39"></a>granddaughter
+through the <i>grandson</i>. If a son
+a daughter were alive, as well as grandsons
+and granddaughters through the <i>son</i>, they were
+all equally called to the estate. The estate was
+not divided per capita, but among families as a
+whole; for example, if of two sons one only was
+alive, but the other had left children, the testator's
+surviving son received one half of the patrimony
+and his grandchildren through his other son the
+other half, to be divided among them severally. If,
+then, there were six grandchildren, each received
+one twelfth of the estate.</p>
+<p>Here the powers of women to inherit stopped.
+Beyond the tie of <i>consanguinitas</i>, that is, that of
+daughter to father, or granddaughter through a
+<i>son</i>, the female line must at once turn aside, and
+had no powers; the estate descended to the <i>agnati</i>,
+that is, male relatives on the father's side. Hence
+a mother was shut out by a brother of the deceased
+or by that brother's children. If there were no
+<i>agnati</i>, the goods were given to the <i>gentiles</i>, male
+relatives of the clan bearing the same name.
+In fact, under this r&eacute;gime we may say that of the
+female line the daughter alone was sure of inheriting
+something.</p>
+<p>In the days of the Empire some attempts were
+made to be more just. It was enacted<a name="FNanchor_174"></a><a
+ href="#Footnote_174"><sup>[174]</sup></a> that all
+the children should be called to the estate, whether
+they had been under the power of the testator
+at the time of his death or not; and female relatives
+<a name="Page_40"></a>were now allowed to come in for their share "in
+the third degree," that is, if there was neither a
+child or an agnate surviving. This was not
+much of an improvement; and the principle of
+agnate succession is the only point in which
+Roman law failed to give to women those
+equal rights which it allowed them in other
+cases.</p>
+<div class="sidenote"> Protection of property of children.</div>
+<p>There is no point on which Roman law laid
+more stress than that the children, both male and
+female, were to be constantly protected
+and must receive their legal share of
+their father's or mother's goods. After a
+husband's divorce or death his wife could, indeed,
+enjoy possession of the property and the usufruct;
+but the principal had to be conserved intact for
+the children until they arrived at maturity. In
+the same way a father was obliged to keep untouched
+for the children whatever had been left
+them by the mother on her decease<a name="FNanchor_175"></a><a
+ href="#Footnote_175"><sup>[175]</sup></a>; and he must
+also leave them that part, at least, of his own
+property prescribed by the Falcidian Law. A
+case&#8212;and it was common enough in real life&#8212;
+such as that described by Dickens in <i>David
+Copperfield</i>, where, by the English law, a second
+husband acquired absolute right over his wife's
+property and shut out her son, would have been
+<a name="Page_41"></a>impossible under Roman law. Neither husband
+nor wife could succeed to one another's intestate
+estate absolutely unless there were no children,
+parents, or other relatives living.<a name="FNanchor_176"></a><a
+ href="#Footnote_176"><sup>[176]</sup></a></p>
+<div class="sidenote"> Punishment of crimes against women.</div>
+<p>Rape of a woman was punished by death;
+accessories to the crime merited the same penalty.<a name="FNanchor_177"></a><a
+ href="#Footnote_177"><sup>[177]</sup></a>
+Indecent exposure before a virgin met
+with punishment out of course.<a name="FNanchor_178"></a><a
+ href="#Footnote_178"><sup>[178]</sup></a> Kidnapping
+was penalised by hard labour in
+the mines or by crucifixion in the case of those
+of humble birth, and by confiscation of half the
+goods and by perpetual exile in the case of a
+noble.<a name="FNanchor_179"></a><a href="#Footnote_179"><sup>[179]</sup></a>
+Temporary exile was visited upon those
+guilty of abortion themselves<a name="FNanchor_180"></a><a
+ href="#Footnote_180"><sup>[180]</sup></a>; if it was caused
+through the agency of another, the agent, even
+though he or she did so without evil intent, was
+punished by hard labour in the mines, if of humble
+birth, and by relegation to an island and confiscation
+of part of their goods, if of noble rank.<a name="FNanchor_181"></a><a
+ href="#Footnote_181"><sup>[181]</sup></a> If
+<a name="Page_42"></a>the victim died, the person who caused the
+abortion was put to death.<a name="FNanchor_182"></a><a
+ href="#Footnote_182"><sup>[182]</sup></a></p>
+<div class="sidenote"> Rights of women to an education.</div>
+<p>The rights of women to an education were not
+questioned. That Sulpicia could publish amatory
+poems in honour of her husband and
+receive eulogies from writers like Martial<a name="FNanchor_183"></a><a
+ href="#Footnote_183"><sup>[183]</sup></a>
+shows that she and ladies like her
+occupied somewhat the same position as Olympia
+Morata and Tarquinia Molza later in Italy during
+the Renaissance, or like some of the celebrated
+Frenchwomen, such as Madame de Sta&euml;l. Seneca
+addresses a <i>Dialogue on Consolation</i> to one Marcia;
+such an idea would have made the hair of any
+Athenian gentleman in the time of Socrates stand
+on end. Aspasia was obliged to be a courtesan in
+order to become educated and to frequent cultivated
+society<a name="FNanchor_184"></a><a href="#Footnote_184"><sup>[184]</sup></a>;
+Sulpicia was a noble matron in
+good standing. The world had not stood still
+since Socrates had requested some one to take
+Xanthippe home, lest he be burdened by her
+sympathy in his last moments. Pains were taken
+that the Roman girl of wealth should have special
+tutors.<a name="FNanchor_185"></a><a href="#Footnote_185"><sup>[185]</sup></a>
+"Pompeius Saturninus recently read me
+some letters," writes Pliny<a name="FNanchor_186"></a><a
+ href="#Footnote_186"><sup>[186]</sup></a> to one of his <a
+ name="Page_43"></a>correspondents,
+"which he insisted had been written
+by his wife. I believed that Plautus or Terence
+was being read in prose. Whether they are really
+his wife's, as he maintains; or his own, which he
+denies; he deserves equal honour, either because he
+composes them, or because he has made his wife,
+whom he married when a mere girl, so learned
+and polished." The enthusiasm of the ladies for
+literature is attested by Persius.<a name="FNanchor_187"></a><a
+ href="#Footnote_187"><sup>[187]</sup></a></p>
+<p>According to Juvenal, who, as an orthodox
+satirist, was not fond of the weaker sex, women
+sometimes became over-educated. He growls
+as follows<a name="FNanchor_188"></a><a href="#Footnote_188"><sup>[188]</sup></a>:
+"That woman is a worse nuisance
+than usual who, as soon as she goes to bed, praises
+Vergil; makes excuses for doomed Dido; pits bards
+against one another and compares them; and
+weighs Homer and Maro in the balance. Teachers
+of literature give way, professors are vanquished,
+the whole mob is hushed, and no lawyer or auctioneer
+will speak, nor any other woman." The
+prospect of a learned wife filled the orthodox
+Roman with peculiar horror.<a name="FNanchor_189"></a><a
+ href="#Footnote_189"><sup>[189]</sup></a> No Roman woman
+ever became a public professor as did Hypatia or,
+<a name="Page_44"></a>ages later, Bitisia Gozzadina, who, in the
+thirteenth
+century, became doctor of canon and civil law at
+the University of Bologna.</p>
+<p>I have been speaking of women of the wealthier
+classes; but the poor were not neglected. As far
+back as the time of the Twelve Tables&#8212;450 B.C.&#8212;parents of moderate
+means were accustomed to
+club together and hire a schoolroom and a teacher
+who would instruct the children, girls no less than
+boys, in at least the proverbial three R's. Virginia
+was on her way to such a school when she encountered
+the passionate gaze of Appius Claudius.
+Such grammar schools, which boys and girls
+attended together, flourished under the Empire as
+they had under the Republic.<a name="FNanchor_190"></a><a
+ href="#Footnote_190"><sup>[190]</sup></a> They were not
+connected with the state, being supported by the
+contributions of individual parents. To the end
+we cannot say that there was a definite scheme
+of public education for girls at the state's expense
+as there was for boys.<a name="FNanchor_191"></a><a href="#Footnote_191"><sup>[191]</sup></a>
+Still, the emperors did
+something. Trajan, Hadrian, Antoninus Pius,
+Marcus Aurelius, and Alexander Severus, for
+example, regularly supplied girls and boys with
+<a name="Page_45"></a>education at public expense<a name="FNanchor_192"></a><a
+ href="#Footnote_192"><sup>[192]</sup></a>;
+under Trajan there
+were 5000 children so honoured. Public-spirited
+citizens were also accustomed to contribute
+liberally to the same cause; Pliny on one occasion<a name="FNanchor_193"></a><a
+ href="#Footnote_193"><sup>[193]</sup></a>
+gave the equivalent of $25,000 for the support
+and instruction of indigent boys and girls.</p>
+<div class="sidenote"> The Vestals.</div>
+<p>It may not be out of place to speak briefly of the
+Vestal Virgins, the six priestesses of Vesta, who are
+the only instances in pagan antiquity of
+anything like the nuns of the Christians.
+The Vestals took a vow of perpetual chastity.<a name="FNanchor_194"></a><a
+ href="#Footnote_194"><sup>[194]</sup></a>
+They passed completely out of the power of their
+parents and became entirely independent. They
+could not receive the inheritance of any person
+who died intestate, and no one could become heir
+to a Vestal who died intestate. They were
+allowed to be witnesses in court in public trials,
+a privilege denied other women. Peculiar honour
+was accorded them and they were regularly
+appointed the custodians of the wills of the
+emperors.<a name="FNanchor_195"></a><a href="#Footnote_195"><sup>[195]</sup></a></p>
+<div class="sidenote"> Female slaves.</div>
+<p>The position of women in slavery merits some
+attention, in view of the huge multitudes that
+<a name="Page_46"></a>were held in bondage. Roman law
+acknowledged no legal rights on the part of slaves<a name="FNanchor_196"></a><a
+ href="#Footnote_196"><sup>[196]</sup></a>.
+The master had absolute power of life
+and death.<a name="FNanchor_197"></a><a href="#Footnote_197"><sup>[197]</sup></a>
+They were exposed to every
+whim of master or mistress without redress.<a name="FNanchor_198"></a><a
+ href="#Footnote_198"><sup>[198]</sup></a> If
+some one other than their owner harmed them
+they might obtain satisfaction through their
+master and for his benefit; but the penalty for the
+aggressor was only pecuniary.<a name="FNanchor_199"></a><a
+ href="#Footnote_199"><sup>[199]</sup></a> A slave's evidence
+was never admitted except under torture.<a name="FNanchor_200"></a><a
+ href="#Footnote_200"><sup>[200]</sup></a> If
+a master was killed, every slave of his household
+and even his freedmen and freedwomen were put to
+torture, although the culprit may already have
+been discovered, in order to ascertain the instigator
+of the plot and his remotest accessories.<a name="FNanchor_201"></a><a
+ href="#Footnote_201"><sup>[201]</sup></a></p>
+<p>The earlier history of Rome leaves no doubt
+that before the Republic fell these laws were
+carried out with inhuman severity. With the
+growth of Rome into a world power and the
+consequent rise of humanitarianism<a name="FNanchor_202"></a><a
+ href="#Footnote_202"><sup>[202]</sup></a> a strong public
+<a name="Page_47"></a>feeling against gratuitous cruelty towards slaves
+sprang up. This may be illustrated by an
+event which happened in the reign of Nero, in the
+year 58, when a riot ensued out of sympathy for
+some slaves who had been condemned <i>en masse</i>
+after their master had been assassinated by one of
+them.<a name="FNanchor_203"></a><a href="#Footnote_203"><sup>[203]</sup></a>
+Measures were gradually introduced for
+alleviating the hardships and cruelties of slavery.
+Claudius (41-54 A.D.) ordained<a name="FNanchor_204"></a><a
+ href="#Footnote_204"><sup>[204]</sup></a> that since sick
+and infirm slaves were being exposed on an island
+in the Tiber sacred to Aesculapius, because their
+masters did not wish to bother about attending
+them, all those who were so exposed were to be set
+free if they recovered and never to be returned into
+the power of their masters; and if any owner preferred
+to put a slave to death rather than expose
+him, he was to be held for murder. Gentlemen
+began to speak with contempt of a master or
+mistress who maltreated slaves.<a name="FNanchor_205"></a><a
+ href="#Footnote_205"><sup>[205]</sup></a> Hadrian (117-138 A.D.)
+modified the old laws to a remarkable
+degree: he forbade slaves to be put to death by
+their masters and commanded them to be tried by
+<a name="Page_48"></a>regularly appointed judges; he brought it about
+that a slave, whether male or female, was not to be
+sold to a slave-dealer or trainer for public shows
+without due cause; he did away with <i>ergastula</i>
+or workhouses, in which slaves guilty of offences
+were forced to work off their penalties in chains
+and were confined to filthy dungeons; and he
+modified the law previously existing to the extent
+that if a master was killed in his own house, the
+inquisition by torture could not be extended to
+the whole household, but to those only who, by
+proximity to the deed, could have noticed it.<a name="FNanchor_206"></a><a
+ href="#Footnote_206"><sup>[206]</sup></a>
+Gaius observes<a name="FNanchor_207"></a><a href="#Footnote_207"><sup>[207]</sup></a>
+that for slaves to be in complete
+subjection to masters who have power of life and
+death is an institution common to all nations,
+"But at this time," he continues, "it is permitted
+neither to Roman citizens nor any other men who
+are under the sway of the Roman people to vent
+their wrath against slaves beyond measure and
+without reason. In fact, by a decree of the
+sainted Antoninus (138-161 A.D.) a master who
+without cause kills his slave is ordered to be held
+no less than he who kills another's slave.<a name="FNanchor_208"></a><a
+ href="#Footnote_208"><sup>[208]</sup></a> An
+excessive severity on the part of masters is also
+checked by a constitution of the same prince.
+On being consulted by certain governors about
+those slaves who rush for refuge to the shrines of
+<a name="Page_49"></a>the gods or the statues of emperors, he ordered
+that if the cruelty of masters seemed intolerable
+they should be compelled to sell their slaves."
+Severus ordained that the city prefect should
+prevent slaves from being prostituted<a name="FNanchor_209"></a><a
+ href="#Footnote_209"><sup>[209]</sup></a>. Aurelian
+gave his slaves who had transgressed to be heard
+according to the laws by public judges<a name="FNanchor_210"></a><a
+ href="#Footnote_210"><sup>[210]</sup></a>. Tacitus
+procured a decree that slaves were not to be put
+to inquisitorial torture in a case affecting a master's
+life, not even if the charge was high treason<a name="FNanchor_211"></a><a
+ href="#Footnote_211"><sup>[211]</sup></a>. So
+much for the laws that mitigated slavery under
+the Empire. They were not ideal; but they would
+in more respects than one compare favourably
+with the similar legislation that was in force, prior
+to the Civil War, in the American Slave States.</p>
+<br>
+<h4 style="text-align: left;">SOURCES</h4>
+<p>I. Iurisprudentiae Anteiustinianae quae Supersunt. ed. Ph.
+Eduardus Huschke. Lipsiae (Teubner), 1886 (fifth edition).</p>
+<p>II. Codex Iustinianus. Recensuit Paulus Krueger. Berolini
+apud Weidmannos, 1877.</p>
+<p>Corpus Iuris Civilis: Institutiones recognovit Paulus
+Krueger; Digesta recognovit Theodorus Mommsen. Berolini
+apud Weidmannos, 1882.</p>
+<p>Novellae: Corpus Iuris Civilis. Volumen Tertium recognovit
+Rudolfus Schoell; Opus Schoellii morte interceptum absolvit
+G. Kroll. Berolini apud Weidmannos, 1895.</p>
+<p>III. The Fragments of the Perpetual Edict of Salvius Julianus.
+Edited by Bryan Walken Cambridge University Press. 1877.</p>
+<p><a name="Page_50"></a>IV. Pomponii de Origine Iuris Fragmentum:
+recognovit
+Fridericus Osannus. Gissae, apud Io. Rickerum, 1848.</p>
+<p>V. Corpus Inscriptionum Latinarum, Consilio et Auctoritate
+Academiae Litterarum Regiae Borussicae editum. Berolini
+apud Georgium Reimerum (begun in 1863).</p>
+<p>VI. Valerii Maximi Factorum et Dictorum Memorabilium
+Libri Novem: cum Iulii Paridis et Ianvarii Nepotiani Epitomis:
+iterum recensuit Carolus Kempf. Lipsiae (Teubner), 1888.</p>
+<p>VII. Cassii Dionis Cocceiani Rerum Romanarum libri
+octaginta: ab Immanuele Bekkero Recogniti. Lipsiae, apud
+Weidmannos, 1849.</p>
+<p>VIII. C. Suetoni Tranquilli quae Supersunt Omnia: recensuit
+Carolus L. Roth. Lipsiae (Teubner), 1898.</p>
+<p>IX. A. Persii Flacci, D. Iunii Iuvenalis, Sulpiciae Saturae;
+recognovit Otto Iahn. Editio altera curam agente Francisco
+Buecheler. Berolini, apud Weidmannos, 1886.</p>
+<p>X. Eutropi Breviarium ab Urbe Condita: recognovit Franciscus
+Ruehl. Lipsiae (Teubner), 1897.</p>
+<p>XI. Herodiani ab Excessu Divi Marci libri octo: ab Immanuele
+Bekkero recogniti. Lipsiae (Teubner), 1855.</p>
+<p>XII. A. Gellii Noctium Atticarum libri XX: edidit Carolus
+Hosius. Lipsiae (Teubner), 1903.</p>
+<p>XIII. Petronii Saturae et Liber Priapeorum: quartum edidit
+Franciscus Buecheler: adiectae sunt Varronis et Senecae Saturae
+similesque Reliquiae. Berolini, apud Weidmannos, 1904.</p>
+<p>XIV. M. Valerii Martialis Epigrammaton libri: recognovit
+Walther Gilbert. Lipsiae (Teubner), 1896.</p>
+<p>XV. Cornelii Taciti Libri qui Supersunt: quartum recognovit
+Carolus Halm. Lipsiae (Teubner), 1901.</p>
+<p>XVI. C. Vellei Paterculi ex Historiae Romanae libris duobus
+quae supersunt: edidit Carolus Halm. Lipsiae (Teubner), 1876.</p>
+<p>XVII. L. Annaei Senecae Opera quae Supersunt: recognovit
+Fridericus Haase. Lipsiae (Teubner), 1898.</p>
+<p>XVIII. Athenaei Naucratitae Deipnosophistaro libri XV:
+recensuit Georgius Kaibel. Lipsiae (Teubner), 1887.</p>
+<p>XIX. Lucii Apulei Metamorphoseon libri XI. Apologia et
+Florida. Recensuit J. van der Vliet. Lipsiae (Teubner), 1897.</p>
+<p>XX. C. Plini Caecili Secundi Epistularum libri novem.
+Epistularum ad Traianum liber. Panegyricus. Recognovit
+C.F.W. Mueller. Lipsiae (Teubner), 1903.</p>
+<p><a name="Page_51"></a>XXI. Scriptores Historiae Augustae: edidit
+Hermannus
+Peter. Lipsiae (Teubner), 1888.</p>
+<p>XXII. M. Fabii Quintiliani Institutionis Oratoriae libri XII:
+recensuit Eduardus Bonnell. Lipsiae (Teubner), 1905.</p>
+<p>XXIII. Marci Antonini Commentariorum libri XII: iterum
+recensuit Ioannes Stich. Lipsiae (Teubner), 1903.</p>
+<p>XXIV. C. Plinii Secundi Naturalis Historiae libri XXXVII:
+recognovit Ludovicus Ianus. Lipsiae (Teubner), 1854.</p>
+<p>XXV. XII Panegyrici Latini: recensuit Aemilius Baehrens.
+Lipsiae (Teubner), 1874.</p>
+<p>XXVI. Plutarchi Scripta Moralia, Graece et Latine: Parisiis,
+editore Ambrosio F. Didot, 1841.</p>
+<p>Plutarchi Vitae Parallelae: iterum recognovit Carolus Sintennis.
+Lipsiae (Teubner), 1884.</p>
+<p>XXVII. Ammiani Marcellini Rerum Gestarum libri qui
+supersunt: recensuit V. Gardthausen. Lipsiae (Teubner), 1875.</p>
+<p>XXVIII. Poetae Latini Minores: recensuit Aemilius Baehrens.
+Lipsiae (Teubner), 1883.</p>
+<br>
+
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_1"></a><a href="#FNanchor_1">[1]</a>
+<div class="note">
+<p> Paulus, iii, 4<i>a</i>, 1.</p>
+</div>
+<a name="Footnote_2"></a><a href="#FNanchor_2">[2]</a>
+<div class="note">
+<p> Ulpian, Tit., xx, 16. Gaius, ii, 112.</p>
+</div>
+<a name="Footnote_3"></a><a href="#FNanchor_3">[3]</a>
+<div class="note">
+<p> Male relatives on the father's side&#8212;agnati&#8212;were guardians
+in such cases; these failing, the judge of the supreme court
+(praetor) assigned one. See Ulpian, Tit., xi, 3, 4, and 24.
+Gaius, i, 185, and iii, 10. Libertae (freedwomen) took as guardians
+their former masters.</p>
+</div>
+<a name="Footnote_4"></a><a href="#FNanchor_4">[4]</a>
+<div class="note">
+<p> Ulpian, Tit., xi, 27.</p>
+</div>
+<a name="Footnote_5"></a><a href="#FNanchor_5">[5]</a>
+<div class="note">
+<p> The power of the father was called <i>potestas</i>; that of the
+husband,
+<i>manus</i>.</p>
+</div>
+<a name="Footnote_6"></a><a href="#FNanchor_6">[6]</a>
+<div class="note">
+<p> Aulus Gellius, x, 23. Cf. Suetonius, <i>Tiberius</i>, 35.</p>
+</div>
+<a name="Footnote_7"></a><a href="#FNanchor_7">[7]</a>
+<div class="note">
+<p> Gaius, i, 144.</p>
+</div>
+<a name="Footnote_8"></a><a href="#FNanchor_8">[8]</a>
+<div class="note">
+<p> Ulpian, Tit., xi, I.</p>
+</div>
+<a name="Footnote_9"></a><a href="#FNanchor_9">[9]</a>
+<div class="note">
+<p> Ulpian, Tit., xi, 28a. Gaius, i, 194. Paulus, iv, 9,
+1-9.</p>
+</div>
+<a name="Footnote_10"></a><a href="#FNanchor_10">[10]</a>
+<div class="note">
+<p> Gaius, i, 145. Ulpian, Tit., x, 5.</p>
+</div>
+<a name="Footnote_11"></a><a href="#FNanchor_11">[11]</a>
+<div class="note">
+<p> Gaius, i, 137. For an example see Pliny, <i>Letters</i>, viii, 18.
+Cf.
+Spartianus. <i>Didius Iulianus</i>, 8: filiam suam, potitus imperio,
+dato patrimonio, emancipaverat. See also Dio, 73, 7 (Xiphilin).
+</p>
+<p>If emancipated children insulted or injured their parents,
+they lost their independence&#8212;Codex, 8, 49 (50), 1.</p>
+</div>
+<a name="Footnote_12"></a><a href="#FNanchor_12">[12]</a>
+<div class="note">
+<p> Ulpian, Tit., viii, 7<i>a</i>.</p>
+</div>
+<a name="Footnote_13"></a><a href="#FNanchor_13">[13]</a>
+<div class="note">
+<p> Paulus, i, 4, 4; Mater, quae filiorum suorum rebus intervenit,
+actione negotiorum gestorum et ipsis et eorum tutoribus
+tenebitur.</p>
+</div>
+<a name="Footnote_14"></a><a href="#FNanchor_14">[14]</a>
+<div class="note">
+<p> Ulpian in Dig., 25, 3, 5.</p>
+</div>
+<a name="Footnote_15"></a><a href="#FNanchor_15">[15]</a>
+<div class="note">
+<p> For Livia's great influence over Augustus see Seneca, <i>de
+Clementia</i>, i, 9, 6. Tacitus, <i>Annals</i>, i, 3, 4, and 5, and
+ii, 34.
+Dio, 55, 14-21, and 56, 47.
+</p>
+<p>Agrippina dominated Claudius&#8212;Tacitus, <i>Annals</i>, xii, 37.
+Dio, 60, 33. Caenis, the concubine of Vespasian, amassed great
+wealth and sold public offices right and left&#8212;Dio, 65, 14. Plotina,
+wife of Trajan, engineered Hadrian's succession&#8212;Eutropius,
+viii, 6. Dio, 69, I. A concubine formed the conspiracy
+which overthrew Commodus&#8212;Herodian, i, 16-17. The plotting
+of Maesa put Heliogabalus on the throne&#8212;Capitolinus, <i>Macrinus</i>,
+9-10. Alexander Severus was ruled by his mother Mammaea&#8212;Lampridius,
+<i>Alex. Severus</i>, 14; Herodian, vi, i, i and 9.
+Gallienus invited women to his cabinet meetings&#8212;Trebellius
+Pollio, Gallienus, 16. The wives of governors took such a strenuous
+part in politics and army matters that it caused the Senate
+grave concern&#8212;see examples in Tacitus, Annals, in, 33 and 34,
+and iv, 20; also i, 69, and ii, 55; id. <i>Hist</i>., iii, 69.
+Vellcius Paterculus,
+ii, 74 (Fulvia).
+</p>
+<p>Of course, no woman ever had a right to vote; but neither did
+anybody else, since the Roman government had become an
+absolute despotism. The first woman on the throne was Pulcheria,
+who, in 450 A.D., was proclaimed Empress of the East,
+succeeding her brother, Theodosius II. But she soon took a
+husband and made him Emperor. She had been practically sole
+ruler since 414.</p>
+</div>
+<a name="Footnote_16"></a><a href="#FNanchor_16">[16]</a>
+<div class="note">
+<p> Plutarch, <i>Roman Questions</i>, 6. Aulus Gellius, x, 23.
+Athenaeus,
+x, 56.</p>
+</div>
+<a name="Footnote_17"></a><a href="#FNanchor_17">[17]</a>
+<div class="note">
+<p> Valerius Maximus, vi, 3, 9. For this he was not even blamed,
+but rather received praise for the excellent example.</p>
+</div>
+<a name="Footnote_18"></a><a href="#FNanchor_18">[18]</a>
+<div class="note">
+<p> Aulus Gellius, x, 23. A woman in the <i>Menaechmi</i> of Plautus,
+iv, 6, 1, complains justly of this double standard of morality:
+</p>
+<div class="poem">
+<div class="stanza">
+<p>Nam si vir scortum duxit clam uxorem suam,</p>
+<p>Id si rescivit uxor, impune est viro.</p>
+<p>Uxor viro si clam domo egressa est foras,</p>
+<p>Viro fit causa, exigitur matrimonio.</p>
+<p>Utinam lex esset cadem quae uxori est viro!</p>
+</div>
+</div>
+</div>
+<a name="Footnote_19"></a><a href="#FNanchor_19">[19]</a>
+<div class="note">
+<p> Aulus Gellius, i, 6.</p>
+</div>
+<a name="Footnote_20"></a><a href="#FNanchor_20">[20]</a>
+<div class="note">
+<p> De Consolatione ad Marciam, xvi, 1.</p>
+</div>
+<a name="Footnote_21"></a><a href="#FNanchor_21">[21]</a>
+<div class="note">
+<p> <i>Commentaries</i>, A, &#947;.</p>
+</div>
+<a name="Footnote_22"></a><a href="#FNanchor_22">[22]</a>
+<div class="note">
+<p> Quintilian, <i>Instit. Orat</i>., vi, 1, 5. Pliny, <i>Letters</i>,
+vi, 4 and 7,
+and vii, 5.</p>
+</div>
+<a name="Footnote_23"></a><a href="#FNanchor_23">[23]</a>
+<div class="note">
+<p> Great admiration expressed for Paulina, wife of Seneca, who
+opened her veins to accompany her husband in death&#8212;Tacitus,
+<i>Annals</i>, xv, 63, 64. Story of Arria and Paetus&#8212;Pliny, <i>Letters</i>,
+iii, 16. Martial, i, 13. The famous instance of Epponina,
+under Vespasian, and her attachment to her condemned husband&#8212;Tacitus,
+<i>Hist</i>., iv, 67. Tacitus mentions that many
+ladies accompanied their husbands to exile and death&#8212;<i>Annals</i>,
+xvi, 10, 11. Numerous instances are related by Pliny of tender
+and happy marriages, terminated only by death&#8212;see, e.g., <i>Letters</i>,
+viii, 5. Pliny the elder tells how M. Lepidus died of regret
+for his wife after being divorced from her&#8212;<i>N.H</i>., vii, 36.
+Valerius
+Maximus devotes a whole chapter to Conjugal Love&#8212;iv,
+6. But the best examples of deep affection are seen in tomb
+inscriptions&#8212;e.g., CIL i, 1103, viii, 8123, ii, 3596, v, 1, 3496, v, 2,
+7066, x, 8192, vi, 3, 15696, 15317, and 17690. Man and wife
+are often represented with arms thrown about one another's
+shoulders to signify that they were united in death as in life.
+The poet Statius remarks that "to love a wife when she is living
+is pleasure; to love her when dead, a solemn duty" (Silvae,
+in prooemio). Yet some theologians would have us believe that
+conjugal love and fidelity is an invention of Christianity.</p>
+</div>
+<a name="Footnote_24"></a><a href="#FNanchor_24">[24]</a>
+<div class="note">
+<p> Pliny, <i>Panegyricus</i>, 26. For other instances see
+Capitolinus,
+<i>Anton. Pius</i>, 8; Lampridius, <i>Alex. Severus</i>, 57;
+Spartianus,
+Hadrian, 7, 8, 9; Capitolinus, <i>M. Anton. Phil</i>., 11.</p>
+</div>
+<a name="Footnote_25"></a><a href="#FNanchor_25">[25]</a>
+<div class="note">
+<p> Gaius, i, 190.</p>
+</div>
+<a name="Footnote_26"></a><a href="#FNanchor_26">[26]</a>
+<div class="note">
+<p> Ulpian, Tit. xi, 25. Cf. Frag, iur Rom. Vatic. (Huschke,
+325): Divi Diocletianus et Constantius Aureliae Pontiae: Actor
+rei forum sequi debet et mulier quoque facere procuratorem
+<i>sine tutoris auctoritate non prohibetur</i>. So Papinian, lib. xv,
+Responsorum (Huschke, 327). I shall discuss these matters
+at greater length when I treat of women and the management of
+their property.</p>
+</div>
+<a name="Footnote_27"></a><a href="#FNanchor_27">[27]</a>
+<div class="note">
+<p> Dio, 54, 16. Pomponius in Dig., 23, 2, 4.</p>
+</div>
+<a name="Footnote_28"></a><a href="#FNanchor_28">[28]</a>
+<div class="note">
+<p> Gaius, i, 113.</p>
+</div>
+<a name="Footnote_29"></a><a href="#FNanchor_29">[29]</a>
+<div class="note">
+<p> Ulpian, Tit., ix, 1: Farreo convenit uxor in manum certis
+verbis et testibus X praesentibus et sollemni sacrificio facto, in
+quo panis quoque farreus adhibetur. Cf. Gaius, i, 112.</p>
+</div>
+<a name="Footnote_30"></a><a href="#FNanchor_30">[30]</a>
+<div class="note">
+<p> Aulus Gellius, iii, 2, 12. Gaius, i, 111.</p>
+</div>
+<a name="Footnote_31"></a><a href="#FNanchor_31">[31]</a>
+<div class="note">
+<p> Gaius, i, 110 and 111.</p>
+</div>
+<a name="Footnote_32"></a><a href="#FNanchor_32">[32]</a>
+<div class="note">
+<p> Paulus, ii, xix, 8.</p>
+</div>
+<a name="Footnote_33"></a><a href="#FNanchor_33">[33]</a>
+<div class="note">
+<p> Pliny, <i>Letters</i>, i, 14, will furnish an example; cf. id. vi,
+26, to
+Servianus: Gaudeo et gratulor, quod Fusco Salinatori filiam
+tuam destinasti. Note the way in which Julius Caesar arranged
+a match for his daughter&#8212;Suetonius, <i>Divus Julius</i>, 21.</p>
+</div>
+<a name="Footnote_34"></a><a href="#FNanchor_34">[34]</a>
+<div class="note">
+<p> Paulus in Dig., 23, 2, 2: Nuptiae consistere non possunt,
+nisi consentiunt omnes, id est, qui coeunt quorumque in potestate
+sunt.</p>
+</div>
+<a name="Footnote_35"></a><a href="#FNanchor_35">[35]</a>
+<div class="note">
+<p> Julianus in Dig., 23, 1, 11.</p>
+</div>
+<a name="Footnote_36"></a><a href="#FNanchor_36">[36]</a>
+<div class="note">
+<p> Ulpian in Dig., 23, 1, 12.</p>
+</div>
+<a name="Footnote_37"></a><a href="#FNanchor_37">[37]</a>
+<div class="note">
+<p> Paulus in Dig., 23, 1, 13. Terentius Clemens in Dig., 23,
+2, 21.</p>
+</div>
+<a name="Footnote_38"></a><a href="#FNanchor_38">[38]</a>
+<div class="note">
+<p> Paulus, ii, 19, 2.</p>
+</div>
+<a name="Footnote_39"></a><a href="#FNanchor_39">[39]</a>
+<div class="note">
+<p> Ulpian, 24, 17.</p>
+</div>
+<a name="Footnote_40"></a><a href="#FNanchor_40">[40]</a>
+<div class="note">
+<p> Cf. Ulpian, Tit., vi, 6: Divortio facto, si quidem sui juris sit
+muller, ipsa habet rei uxoriae actionem, id est, dotis repetitionem;
+quodsi in potestate patris sit, pater adiuncta filiae persona habet
+actionem.
+</p>
+<p>The technical recognition of the father's power was still strong.
+Cf. Pliny, <i>Panegyricus</i>, 38: Tu quidem, Caesar ... intuitus,
+opinor, vim legemque naturae, quae semper in dicione parentum
+esse liberos iussit. The same writer, on requesting Trajan
+to give citizenship to the children of a certain freedman, is careful
+to add the specification that they are to remain in their father's
+power&#8212;see Pliny to Trajan, xi (vi).</p>
+</div>
+<a name="Footnote_41"></a><a href="#FNanchor_41">[41]</a>
+<div class="note">
+<p> Paulus, vi, 15. Codex, v, 4, 11, and 17, 5.</p>
+</div>
+<a name="Footnote_42"></a><a href="#FNanchor_42">[42]</a>
+<div class="note">
+<p> Paulus, in Dig., 23, 3, 28. Codex, v, 13, 1, and 18, 1.</p>
+</div>
+<a name="Footnote_43"></a><a href="#FNanchor_43">[43]</a>
+<div class="note">
+<p> Codex, v, 17, 5.</p>
+</div>
+<a name="Footnote_44"></a><a href="#FNanchor_44">[44]</a>
+<div class="note">
+<p> Salvius Julianus: Frag. Perp. Ed.: Pars Prima, vii&#8212;under
+"De is qui notantur infamia."</p>
+</div>
+<a name="Footnote_45"></a><a href="#FNanchor_45">[45]</a>
+<div class="note">
+<p> Codex, 8, 46 (47), 5.</p>
+</div>
+<a name="Footnote_46"></a><a href="#FNanchor_46">[46]</a>
+<div class="note">
+<p> Aulus Gellius, iv, 4.</p>
+</div>
+<a name="Footnote_47"></a><a href="#FNanchor_47">[47]</a>
+<div class="note">
+<p> Juvenal, vi, 200-203. Gaius in Dig., 24, 2, 2. Ulpian, ibid.,
+23, I, 10. Codex, v, 17, 2, and v, I, I.</p>
+</div>
+<a name="Footnote_48"></a><a href="#FNanchor_48">[48]</a>
+<div class="note">
+<p> Codex, v, 3, 2.</p>
+</div>
+<a name="Footnote_49"></a><a href="#FNanchor_49">[49]</a>
+<div class="note">
+<p> Dig., 3, 2, 1.</p>
+</div>
+<a name="Footnote_50"></a><a href="#FNanchor_50">[50]</a>
+<div class="note">
+<p> Ulpian in Dig., 47, 10, 24.</p>
+</div>
+<a name="Footnote_51"></a><a href="#FNanchor_51">[51]</a>
+<div class="note">
+<p> Cf. Alexander Severus in Codex, viii, 38, 2: Libera matrimonia
+esse antiquitus placuit, etc. Also Codex, v, 4, 8 and 14.</p>
+</div>
+<a name="Footnote_52"></a><a href="#FNanchor_52">[52]</a>
+<div class="note">
+<p> Modestinus in Dig., xxiii, 2, 1.</p>
+</div>
+<a name="Footnote_53"></a><a href="#FNanchor_53">[53]</a>
+<div class="note">
+<p> Gaius, ii, 159.</p>
+</div>
+<a name="Footnote_54"></a><a href="#FNanchor_54">[54]</a>
+<div class="note">
+<p> Paulus, ii, xx, 1.</p>
+</div>
+<a name="Footnote_55"></a><a href="#FNanchor_55">[55]</a>
+<div class="note">
+<p> Note the rescript of Alexander Severus to a certain Aquila
+(Codex, ii, 18, 13): Quod in uxorem tuam aegram erogasti, non a
+socero repetere, sed adfectioni tuae debes expendere.</p>
+</div>
+<a name="Footnote_56"></a><a href="#FNanchor_56">[56]</a>
+<div class="note">
+<p> See, e.g., Dig., 47, 10, and Ulpian, ibid., 48, 14, 27.</p>
+</div>
+<a name="Footnote_57"></a><a href="#FNanchor_57">[57]</a>
+<div class="note">
+<p> Cf. Gaius, i, 141: In summa admonendi sumus, adversus eos,
+quos in mancipio habemus, nihil nobis contumeliose facere licere;
+alioquin iniuriarum (actione) tenebimur.</p>
+</div>
+<a name="Footnote_58"></a><a href="#FNanchor_58">[58]</a>
+<div class="note">
+<p> Paulus, i, 21, 13.</p>
+</div>
+<a name="Footnote_59"></a><a href="#FNanchor_59">[59]</a>
+<div class="note">
+<p> Paulus, i, 21, 14.</p>
+</div>
+<a name="Footnote_60"></a><a href="#FNanchor_60">[60]</a>
+<div class="note">
+<p> Codex, ii, 11, 15</p>
+</div>
+<a name="Footnote_61"></a><a href="#FNanchor_61">[61]</a>
+<div class="note">
+<p> Paulus in Dig., iii, 2, 9.</p>
+</div>
+<a name="Footnote_62"></a><a href="#FNanchor_62">[62]</a>
+<div class="note">
+<p> Aulus Gellius, xvii, 6, speech of Cato: Principio vobis mulier
+magnam dotem adtulit; tum magnam pecuniam recipit, quam in
+viri potestatem non committit, ean pecuniam viro mutuam dat;
+postea, ubi irata facta est, servum recepticum sectari atque
+flagitare virum iubet.</p>
+</div>
+<a name="Footnote_63"></a><a href="#FNanchor_63">[63]</a>
+<div class="note">
+<p> Paulus in Dig., 23, 3, 2.</p>
+</div>
+<a name="Footnote_64"></a><a href="#FNanchor_64">[64]</a>
+<div class="note">
+<p> Pomponius in Dig., 24, 3, 1.</p>
+</div>
+<a name="Footnote_65"></a><a href="#FNanchor_65">[65]</a>
+<div class="note">
+<p> Ulpian in Dig., 23, 3, 7.</p>
+</div>
+<a name="Footnote_66"></a><a href="#FNanchor_66">[66]</a>
+<div class="note">
+<p> Tryfoninus in Dig., 23, 3, 75.</p>
+</div>
+<a name="Footnote_67"></a><a href="#FNanchor_67">[67]</a>
+<div class="note">
+<p> Gaius, ii, 63. Paulus, ii, 21b.</p>
+</div>
+<a name="Footnote_68"></a><a href="#FNanchor_68">[68]</a>
+<div class="note">
+<p> E.g. Juvenal, vi, 136-141. Martial, viii, 12.</p>
+</div>
+<a name="Footnote_69"></a><a href="#FNanchor_69">[69]</a>
+<div class="note">
+<p> Apuleius <i>Apologia</i>, 523: Pleraque tamen rei familiaris in
+nomen uxoris callidissima fraude confert, etc.; id., 545, 546 proves
+further the power of the wife: ea condicione factam conjunctionem,
+si nullis a me susceptis liberis vita demigrasset, ut dos
+omnis, etc.&#8212;evidently the woman was dictating the disposal
+of her dowry.</p>
+</div>
+<a name="Footnote_70"></a><a href="#FNanchor_70">[70]</a>
+<div class="note">
+<p> Ulpian, Tit., vi, 3, 4, and 5. Codex, v, 18, 4.</p>
+</div>
+<a name="Footnote_71"></a><a href="#FNanchor_71">[71]</a>
+<div class="note">
+<p> Ulpian in Dig., xi, 7, 16; ibid., Papinian, 17; ibid, Julianus,
+18. Paulus, i, xxi, 11.</p>
+</div>
+<a name="Footnote_72"></a><a href="#FNanchor_72">[72]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 20, 3.</p>
+</div>
+<a name="Footnote_73"></a><a href="#FNanchor_73">[73]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 20, 5.</p>
+</div>
+<a name="Footnote_74"></a><a href="#FNanchor_74">[74]</a>
+<div class="note">
+<p> Ulpian in Dig., 24, 1, 1: Moribus apud nos receptum est,
+ne inter virum et uxorem donationes valerent, hoc autem receptum
+est, ne mutuo amore invicem spoliarentur, donationibus
+non temperantes, sed profusa erga se facilitate.</p>
+</div>
+<a name="Footnote_75"></a><a href="#FNanchor_75">[75]</a>
+<div class="note">
+<p> Paulus in Dig., 24, 1, 14.</p>
+</div>
+<a name="Footnote_76"></a><a href="#FNanchor_76">[76]</a>
+<div class="note">
+<p> Gaius in Dig., 24, 1, 42; ibid., Licinius Rufus, 41; Ulpian, Tit.
+vii, 1. Martial, vii, 64&#8212;et post hoc dominae munere factus
+eques.</p>
+</div>
+<a name="Footnote_77"></a><a href="#FNanchor_77">[77]</a>
+<div class="note">
+<p> Paulus, ii, xxiii, 1.</p>
+</div>
+<a name="Footnote_78"></a><a href="#FNanchor_78">[78]</a>
+<div class="note">
+<p> Cf. Paulus, ii, xxiii, 2.</p>
+</div>
+<a name="Footnote_79"></a><a href="#FNanchor_79">[79]</a>
+<div class="note">
+<p> Paulus in Dig., 25, 2, 1. Codex, v, 21, 2.</p>
+</div>
+<a name="Footnote_80"></a><a href="#FNanchor_80">[80]</a>
+<div class="note">
+<p> Gaius in Dig., 25, 2, 2.</p>
+</div>
+<a name="Footnote_81"></a><a href="#FNanchor_81">[81]</a>
+<div class="note">
+<p> Paulus in Dig., 25, 2, 3.</p>
+</div>
+<a name="Footnote_82"></a><a href="#FNanchor_82">[82]</a>
+<div class="note">
+<p> Ulpian in Dig., 47, 2, 52. The respect shown for family
+relations may be seen also from the fact that a son could <i>complain&#8212;de
+facto matris queri</i>&#8212;if he believed that his mother had
+brought in supposititious offspring to defraud him of some of
+his inheritance; but he was strictly forbidden to bring her into
+court with a public and criminal action&#8212;Macer in Dig., 48, 2,
+11: <i>sed ream eam lege Cornelia facere permissum ei non est</i>.</p>
+</div>
+<a name="Footnote_83"></a><a href="#FNanchor_83">[83]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 14, 27.</p>
+</div>
+<a name="Footnote_84"></a><a href="#FNanchor_84">[84]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 5, 14 (13): Iudex adulterii ante oculos
+habere debet et inquirere, an maritus pudice vivens mulieri
+quoque bonos mores colendi auctor fuerit periniquum enim videtur
+esse, ut pudicitiam vir ab uxore exigat, quam ipse non exhibeat.
+Cf. Seneca, <i>Ep</i>., 94: Scis improbum esse qui ab uxore pudicitiam
+exigit, ipse alienarum corruptor uxorum. Scis ut illi nil cum
+adultero, sic nihil tibi esse debere cum pellice. Antoninus
+Pius gave a husband a bill for adultery against his wife "Provided
+it is established that by your life you give her an example
+of fidelity. It would be unjust that a husband should
+demand a fidelity which he does not himself keep"&#8212;quoted by St.
+Augustine, de Conj. Adult., ii, ch. 8. In view of these explicit
+statements it is difficult to see what the Church Father Lactantius
+meant by asserting (<i>de Vero Cultu</i>, 23): Non enim, sicut iuris
+publici
+ratio est, sola mulier adultera est, quae habet alium; maritus
+autem, etiamsi plures habeat, a crimine adulterii solutus est.
+Perhaps this deliberate distortion of the truth was another one
+of the libels against pagan Rome of which the pious Fathers are
+so fond "for the good of the Church."</p>
+</div>
+<a name="Footnote_85"></a><a href="#FNanchor_85">[85]</a>
+<div class="note">
+<p> Papinian in Dig., 48, 5, 21 (20); ibid., Ulpian, 24 (23). Paulus,
+ii, xxvi.</p>
+</div>
+<a name="Footnote_86"></a><a href="#FNanchor_86">[86]</a>
+<div class="note">
+<p> Macer in Dig., 48, 5, 25 (24).</p>
+</div>
+<a name="Footnote_87"></a><a href="#FNanchor_87">[87]</a>
+<div class="note">
+<p> Papinian in Dig., 48, 5, 23 (22).</p>
+</div>
+<a name="Footnote_88"></a><a href="#FNanchor_88">[88]</a>
+<div class="note">
+<p> Papinian in Dig., 48, 5, 39 (38); ibid., Marcianus, 48, 8, 1.</p>
+</div>
+<a name="Footnote_89"></a><a href="#FNanchor_89">[89]</a>
+<div class="note">
+<p> Paulus, ii, xxvi. Macer in Dig., 48, 5, 25 (24), ibid., Ulpian,
+48, 5, 30 (29).</p>
+</div>
+<a name="Footnote_90"></a><a href="#FNanchor_90">[90]</a>
+<div class="note">
+<p> Paulus, ii, xxvi.</p>
+</div>
+<a name="Footnote_91"></a><a href="#FNanchor_91">[91]</a>
+<div class="note">
+<p> Juvenal, x. 317; quosdam moechos et mugilis intrat. Cf.
+Catullus, 15, 19.</p>
+</div>
+<a name="Footnote_92"></a><a href="#FNanchor_92">[92]</a>
+<div class="note">
+<p> See, e.g., Capitolinus, <i>Anton</i>. <i>Pius</i>, 3. Spartianus,
+<i>Sept.
+Severus</i>, 18, Pliny, <i>Panegyricus</i>, 83: multis illustribus
+dedecori
+fuit aut inconsultius uxor assumpta aut retenta patientius, etc.</p>
+</div>
+<a name="Footnote_93"></a><a href="#FNanchor_93">[93]</a>
+<div class="note">
+<p> Pliny, <i>Letters</i>, vi, 31.</p>
+</div>
+<a name="Footnote_94"></a><a href="#FNanchor_94">[94]</a>
+<div class="note">
+<p> Paulus, ii, xxvi, 15.</p>
+</div>
+<a name="Footnote_95"></a><a href="#FNanchor_95">[95]</a>
+<div class="note">
+<p> Valerius Maximus, ii, 1, 6.</p>
+</div>
+<a name="Footnote_96"></a><a href="#FNanchor_96">[96]</a>
+<div class="note">
+<p> Aulus Gellius, xvii, 21, 44. Valerius Maximus, ii, 1, 4.
+Plutarch, <i>Roman Questions</i>, 14.</p>
+</div>
+<a name="Footnote_97"></a><a href="#FNanchor_97">[97]</a>
+<div class="note">
+<p> Valerius Maximus, vi, 3, 12.</p>
+</div>
+<a name="Footnote_98"></a><a href="#FNanchor_98">[98]</a>
+<div class="note">
+<p> "If you should catch your wife in adultery, you would put
+her to death with impunity; she, on her part, would not dare to
+touch you with her finger; and it is not right that she should"&#8212;Speech
+of Cato the Censor, quoted by Aulus Gellius, x, 23.</p>
+</div>
+<a name="Footnote_99"></a><a href="#FNanchor_99">[99]</a>
+<div class="note">
+<p> E.g., Marcellus in Dig., 24, 3, 38: Maevia Titio repudium
+misit, etc.; ibid., Africanus, 24, 3, 34: Titia divortium a Seio
+fecit, etc. Martial, x, 41: Mense novo lani veterem, Proculeia,
+maritum Deseris, atque iubes res sibi habere suas. Apuleius,
+<i>Apologia</i>, 547: utramvis habens culpam mulier, quae aut tam
+intolerabilis fuit ut repudiaretur aut tam insolens ut repudiaret.
+</p>
+<p><i>Novellae</i>, 140, 1: Antiquitus quidem licebat sine periculo
+tales [i.e., those of incompatible temperament] ab invicem
+separari secundum communem voluntatem et consensum.</p>
+</div>
+<a name="Footnote_100"></a><a href="#FNanchor_100">[100]</a>
+<div class="note">
+<p> Martial, vi, 7.</p>
+</div>
+<a name="Footnote_101"></a><a href="#FNanchor_101">[101]</a>
+<div class="note">
+<p> Aulus Gellius, x, 15: Matrimonium flaminis nisi morte dirimi
+ius non est.</p>
+</div>
+<a name="Footnote_102"></a><a href="#FNanchor_102">[102]</a>
+<div class="note">
+<p> Tacitus, <i>Annals</i>, iv, 16.</p>
+</div>
+<a name="Footnote_103"></a><a href="#FNanchor_103">[103]</a>
+<div class="note">
+<p> Ulpian, vi, 6; id. in Dig., 24, 3, 2. Pauli fragmentam in
+Boethii commentario ad Topica, 2, 4, 19.</p>
+</div>
+<a name="Footnote_104"></a><a href="#FNanchor_104">[104]</a>
+<div class="note">
+<p> Paulus in Dig. ii,3, 41.</p>
+</div>
+<a name="Footnote_105"></a><a href="#FNanchor_105">[105]</a>
+<div class="note">
+<p> Ulpian, vi, 13.</p>
+</div>
+<a name="Footnote_106"></a><a href="#FNanchor_106">[106]</a>
+<div class="note">
+<p> Ulpian, vi, 9-17, and vii, 2-3. Pauli frag, in Boethii comm.
+ad Top., ii, 4, 19.</p>
+</div>
+<a name="Footnote_107"></a><a href="#FNanchor_107">[107]</a>
+<div class="note">
+<p> Ulpian, xiv: feminis lex Iulia a morte viri anni tribuit
+vacationem, a divortio sex mensum; lex autem Papia a morte
+viri biennii, a repudio anni et sex mensum.</p>
+</div>
+<a name="Footnote_108"></a><a href="#FNanchor_108">[108]</a>
+<div class="note">
+<p> Ulpian in Dig., 25, 3, 1. Paulus, ii, xxiv, 5.</p>
+</div>
+<a name="Footnote_109"></a><a href="#FNanchor_109">[109]</a>
+<div class="note">
+<p> Ulpian in Dig., 25, 4, 8.</p>
+</div>
+<a name="Footnote_110"></a><a href="#FNanchor_110">[110]</a>
+<div class="note">
+<p> Codex, v, 24, 1.</p>
+</div>
+<a name="Footnote_111"></a><a href="#FNanchor_111">[111]</a>
+<div class="note">
+<p> Codex, vi, 60, 1: Res, quae ex matris successione fuerint ad
+filios devolutae, ita sint in parentum potestate, ut fruendi
+dumtaxat habeant facultatem, dominio videlicet carum ad liberos
+pertinente.</p>
+</div>
+<a name="Footnote_112"></a><a href="#FNanchor_112">[112]</a>
+<div class="note">
+<p> Neratius in Dig., 26, 1, 18.</p>
+</div>
+<a name="Footnote_113"></a><a href="#FNanchor_113">[113]</a>
+<div class="note">
+<p> Codex, v, 35, 1.</p>
+</div>
+<a name="Footnote_114"></a><a href="#FNanchor_114">[114]</a>
+<div class="note">
+<p> Codex, ii, 12, 18: alienam suscipere defensionem virile officium
+est ... filio itaque tuo, si pupillus est, tutorem pete.</p>
+</div>
+<a name="Footnote_115"></a><a href="#FNanchor_115">[115]</a>
+<div class="note">
+<p> Ulpian, Tit. viii, 7<i>a</i>. Paulus, i, 4, 4.</p>
+</div>
+<a name="Footnote_116"></a><a href="#FNanchor_116">[116]</a>
+<div class="note">
+<p> <i>ad Helviam matrem de consol</i>., xiv, 3.</p>
+</div>
+<a name="Footnote_117"></a><a href="#FNanchor_117">[117]</a>
+<div class="note">
+<p> Other instances of women trustees will be found in Apuleius,
+<i>Apologia</i> 516; Paulus in Dig; iii, 5,23 (24): avia nepotis sui
+negotia gessit, etc.; ibid., Marcellus, 46, 3, 48: Titia cum
+propter dotem bona mariti possideret, omnia pro domina egit,
+reditus exegit, etc.</p>
+</div>
+<a name="Footnote_118"></a><a href="#FNanchor_118">[118]</a>
+<div class="note">
+<p> Tacitus, <i>Agricola</i>, 43.</p>
+</div>
+<a name="Footnote_119"></a><a href="#FNanchor_119">[119]</a>
+<div class="note">
+<p> Frag. iur. Rom. Vat., 282.</p>
+</div>
+<a name="Footnote_120"></a><a href="#FNanchor_120">[120]</a>
+<div class="note">
+<p> Ulpian, viii, 7a.</p>
+</div>
+<a name="Footnote_121"></a><a href="#FNanchor_121">[121]</a>
+<div class="note">
+<p> Gaius, ii, 227. Digest, 35, 2.</p>
+</div>
+<a name="Footnote_122"></a><a href="#FNanchor_122">[122]</a>
+<div class="note">
+<p> E.g. Pliny, <i>Letters</i>, v, 1. Codex, iii, 28, 19; id., iii,
+28, 28.
+Cf. Codex, iii, 29, I, and 29, 7; and Paulus in Dig., v, 2, 19. Note
+the extreme anxiety of the son of Prudentilla about her money
+as given by Apuleius, <i>Apologia</i>, 517. The estate of a mother
+who died intestate went to her children, not to her husband;
+the latter could only enjoy the interest until they arrived at
+maturity&#8212;Codex, vi, 60, 1; Modestinus in Dig., 38, 17, 4.</p>
+</div>
+<a name="Footnote_123"></a><a href="#FNanchor_123">[123]</a>
+<div class="note">
+<p> E.g., Juvenal, iv, 18-21. Pliny, <i>Letters</i>, ii, 20.</p>
+</div>
+<a name="Footnote_124"></a><a href="#FNanchor_124">[124]</a>
+<div class="note">
+<p> Digest, xiv, 1 and 3 and 8&#8212;on the actio exercitoria and institoria.
+Cf. Codex, iv, 25, 4: et si a muliere magister navis praepositus
+fuerit, etc.</p>
+</div>
+<a name="Footnote_125"></a><a href="#FNanchor_125">[125]</a>
+<div class="note">
+<p> CIL, xiv, 326.</p>
+</div>
+<a name="Footnote_126"></a><a href="#FNanchor_126">[126]</a>
+<div class="note">
+<p> Martial, xi, 71. Apuleius, <i>Metam</i>., v, 10. Soranus, i, 1,
+ch.
+1 and 2. Galen, vii, 414 (cf. xiii, 341).</p>
+</div>
+<a name="Footnote_127"></a><a href="#FNanchor_127">[127]</a>
+<div class="note">
+<p> E.g. Suetonius, <i>Nero</i>, 27.</p>
+</div>
+<a name="Footnote_128"></a><a href="#FNanchor_128">[128]</a>
+<div class="note">
+<p> Carmina Priapea, 18 and 27. Ulpian, xiii, 1. The Roman
+drama had now degenerated into mere vaudeville, mostly lascivious
+dancing. Senators and their children were forbidden to
+marry any woman who had herself or whose father or mother
+had been on the stage.</p>
+</div>
+<a name="Footnote_129"></a><a href="#FNanchor_129">[129]</a>
+<div class="note">
+<p> Martial, ii, 17, 1.</p>
+</div>
+<a name="Footnote_130"></a><a href="#FNanchor_130">[130]</a>
+<div class="note">
+<p> Petronius, <i>Sat</i>., 45: Titus noster ... habet et mulierem
+essedariam.
+This would not be strange, when we reflect that under
+Domitian noble ladies even fought in the arena.</p>
+</div>
+<a name="Footnote_131"></a><a href="#FNanchor_131">[131]</a>
+<div class="note">
+<p> <i>Thesmophoriazusae</i>, 443-459.</p>
+</div>
+<a name="Footnote_132"></a><a href="#FNanchor_132">[132]</a>
+<div class="note">
+<p> See Cicero, <i>pro Caecina</i>, 5, for an account of these
+business
+agents for women.</p>
+</div>
+<a name="Footnote_133"></a><a href="#FNanchor_133">[133]</a>
+<div class="note">
+<p> Paulus, ii, xi; id. in Dig., 16, 1, 1; Aulus Gellius, v, 19;
+Pomponius
+in Dig., 48, 2, 1: non est permissum mulieri publico iudicio
+quemquam reum facere.</p>
+</div>
+<a name="Footnote_134"></a><a href="#FNanchor_134">[134]</a>
+<div class="note">
+<p> Ulpian in Dig., 1, 16, 9. Salvius Julianus, Pars Prima, vi:
+si non habebunt advocatum, ego dabo. Alexander Severus
+(222-235 A.D.) gave pensions to those advocates in the provinces
+who pleaded free of charge&#8212;Lampridius, <i>Alex. Severus</i>, 44.</p>
+</div>
+<a name="Footnote_135"></a><a href="#FNanchor_135">[135]</a>
+<div class="note">
+<p> Cf. Paulus in Dig., 23, 3, 28. Codex, v, 13, 1, and 18, 1.
+Ulpian in Dig., iii, 3, 8.</p>
+</div>
+<a name="Footnote_136"></a><a href="#FNanchor_136">[136]</a>
+<div class="note">
+<p> Gaius, i, 137.</p>
+</div>
+<a name="Footnote_137"></a><a href="#FNanchor_137">[137]</a>
+<div class="note">
+<p> Frag. iur. Rom. Vat., 325; id., 327 (from Papinian): mulieres
+quoque et sine tutoris auctoritate procuratorem facere posse.</p>
+</div>
+<a name="Footnote_138"></a><a href="#FNanchor_138">[138]</a>
+<div class="note">
+<p> Ulpian in Dig., iii, 3, 8; ibid., Paulus, iii, 3, 41.</p>
+</div>
+<a name="Footnote_139"></a><a href="#FNanchor_139">[139]</a>
+<div class="note">
+<p> Ulpian in Dig., iii, 5, 3.</p>
+</div>
+<a name="Footnote_140"></a><a href="#FNanchor_140">[140]</a>
+<div class="note">
+<p> Pomponius in Dig., 48, 2, 1; ibid., Papinian, 48, 2, 2&#8212;who
+adds that she could also do so in a case regarding the will of a
+mother or father's freedman.</p>
+</div>
+<a name="Footnote_141"></a><a href="#FNanchor_141">[141]</a>
+<div class="note">
+<p> Marcianus in Dig., 48, 2, 13.</p>
+</div>
+<a name="Footnote_142"></a><a href="#FNanchor_142">[142]</a>
+<div class="note">
+<p> Papinian in Dig., 48, 4, 8.</p>
+</div>
+<a name="Footnote_143"></a><a href="#FNanchor_143">[143]</a>
+<div class="note">
+<p> Juvenal, vi, 242&#8212;245.</p>
+</div>
+<a name="Footnote_144"></a><a href="#FNanchor_144">[144]</a>
+<div class="note">
+<p> Valerius Maximus, viii, 3, 3. Appian, <i>B.C</i>., iv, 32 ff.
+Quintilian,
+i, 1, 6.</p>
+</div>
+<a name="Footnote_145"></a><a href="#FNanchor_145">[145]</a>
+<div class="note">
+<p> Valerius Maximus, viii, 3, 2.</p>
+</div>
+<a name="Footnote_146"></a><a href="#FNanchor_146">[146]</a>
+<div class="note">
+<p> Quintilian, ix, 2, 20 and 34.</p>
+</div>
+<a name="Footnote_147"></a><a href="#FNanchor_147">[147]</a>
+<div class="note">
+<p> E.g., Pliny <i>Letters</i>, i, 5, and iv, 17.</p>
+</div>
+<a name="Footnote_148"></a><a href="#FNanchor_148">[148]</a>
+<div class="note">
+<p> E.g., Huschke, pp. 796, 797, 803, 807, 809, 810, 856, 857, 858.
+Or instances such as that mentioned in Digest, 48, 2, 18, where a
+sister brings an action to prove her brother's will a forgery.</p>
+</div>
+<a name="Footnote_149"></a><a href="#FNanchor_149">[149]</a>
+<div class="note">
+<p> Pliny, <i>Letters</i>, vi, 33.</p>
+</div>
+<a name="Footnote_150"></a><a href="#FNanchor_150">[150]</a>
+<div class="note">
+<p> Paulus in Dig., 22, 6, 9.</p>
+</div>
+<a name="Footnote_151"></a><a href="#FNanchor_151">[151]</a>
+<div class="note">
+<p> Fully treated in Dig., 16, 1, and Paulus, ii, xi.</p>
+</div>
+<a name="Footnote_152"></a><a href="#FNanchor_152">[152]</a>
+<div class="note">
+<p> Ulpian in Dig., 16, 1, 2.</p>
+</div>
+<a name="Footnote_153"></a><a href="#FNanchor_153">[153]</a>
+<div class="note">
+<p> Aulus Gellius, xvii, 6. St. Augustine, de Civit. Dei, iii, 21:
+nam tunc, id est inter secundum et postremum bellum Carthaginiense,
+lata est etiam illa lex Voconis, ne quis heredem
+feminam faceret, nec unicam filiam.</p>
+</div>
+<a name="Footnote_154"></a><a href="#FNanchor_154">[154]</a>
+<div class="note">
+<p> Dio, 56, 10.</p>
+</div>
+<a name="Footnote_155"></a><a href="#FNanchor_155">[155]</a>
+<div class="note">
+<p> Aulus Gellius, xx, 1, 23. According to Dio, 56, 10, it was
+Augustus who in the year 9 A.D. gave women permission to inherit
+any amount.</p>
+</div>
+<a name="Footnote_156"></a><a href="#FNanchor_156">[156]</a>
+<div class="note">
+<p> Fully treated in Dig., 35, 2. Also in Gaius, ii, 227, and
+Paulus, iii, viii, 1-3, and iv, 3, 3, and 5 and 6.</p>
+</div>
+<a name="Footnote_157"></a><a href="#FNanchor_157">[157]</a>
+<div class="note">
+<p> Paulus, iv, Tit. v, 1. Cases in which "Complaints of Undutiful
+Will" were the issue will be found, e.g., in Codex, iii,
+28, 1 and 19 and 28; id., iii, 29, 1 and 7.</p>
+</div>
+<a name="Footnote_158"></a><a href="#FNanchor_158">[158]</a>
+<div class="note">
+<p> Ulpian in Dig., 38, 16, 1: suos heredes accipere debemus
+filios filias sive naturales sive adoptivos. Instances of daughters
+being left heiresses of whole estates may be found, e.g., in Dig.,
+28, 2, 19: cum quidam filiam ex asse heredem scripsisset
+filioque, quem in potestate habebat, decem legasset, etc. Or
+the example mentioned by Scaevola in Dig., 41, 9, 3: Duae
+filiae intestato patri heres exstiterunt, etc.</p>
+</div>
+<a name="Footnote_159"></a><a href="#FNanchor_159">[159]</a>
+<div class="note">
+<p> Callistratus in Dig., 48, 19, 26: crimen vel poena paterna
+nullam maculam filio infligere potest. namque unusquisque ex
+suo admisso sorti subicitur nec alieni criminis successor constituitur;
+idque divi fratres Hierapolitanis rescripserunt. "Nothing
+is more unjust," writes Seneca (de Ira, ii, 34, 3), "than
+that any one should become the heir of the odium excited by his
+father."</p>
+</div>
+<a name="Footnote_160"></a><a href="#FNanchor_160">[160]</a>
+<div class="note">
+<p> Paulus, v, xii, 1.</p>
+</div>
+<a name="Footnote_161"></a><a href="#FNanchor_161">[161]</a>
+<div class="note">
+<p> Paulus, v, xii, 12.</p>
+</div>
+<a name="Footnote_162"></a><a href="#FNanchor_162">[162]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 4, 11.</p>
+</div>
+<a name="Footnote_163"></a><a href="#FNanchor_163">[163]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 4, 11.</p>
+</div>
+<a name="Footnote_164"></a><a href="#FNanchor_164">[164]</a>
+<div class="note">
+<p> Hermogenianus in Dig., 48, 4, 9.</p>
+</div>
+<a name="Footnote_165"></a><a href="#FNanchor_165">[165]</a>
+<div class="note">
+<p> Sulla had not only deprived the children of the proscribed of
+all their estates, but had also debarred them from aspiring to any
+political office&#8212;see Velleius Paterculus, ii, 28.</p>
+</div>
+<a name="Footnote_166"></a><a href="#FNanchor_166">[166]</a>
+<div class="note">
+<p> For examples of the clemency of Augustus see Suetonius,
+<i>div. Aug.</i>, 33 and 51 and 67; Seneca, <i>de Ira</i>, iii, 23, 4
+ff., and
+40, 2; Velleius Paterculus, ii, 86, 87.</p>
+</div>
+<a name="Footnote_167"></a><a href="#FNanchor_167">[167]</a>
+<div class="note">
+<p> For Tiberius see, e.g., Tacitus, <i>Annals</i>, iv&#8212;case of Silius;
+id., <i>Annals</i>, iii, 17, 18&#8212;case of Piso. For Nero, note Tacitus,
+<i>Annals</i>, xiii, 43&#8212;case of Publius Suilius. Clemency of Claudius
+mentioned in Dio, 60, 15, 16; of Vitellius in Tacitus, <i>Hist</i>.,
+ii, 62.</p>
+</div>
+<a name="Footnote_168"></a><a href="#FNanchor_168">[168]</a>
+<div class="note">
+<p> Spartianus, <i>Had.</i>, 18.</p>
+</div>
+<a name="Footnote_169"></a><a href="#FNanchor_169">[169]</a>
+<div class="note">
+<p> Capitolinus, <i>Anton. Pius</i>, 7. See also the anecdote of
+Aurelian
+in Vopiscus, <i>Aurelian</i>, 23.</p>
+</div>
+<a name="Footnote_170"></a><a href="#FNanchor_170">[170]</a>
+<div class="note">
+<p> Codex, iv, 12, 2, rescript of Diocletian: ob maritorum culpam
+uxores inquietari leges vetant. proinde rationalis noster, si res
+quae a fisco occupatae sunt dominii tui esse probaveris, ius
+publicum sequetur.</p>
+</div>
+<a name="Footnote_171"></a><a href="#FNanchor_171">[171]</a>
+<div class="note">
+<p> Gaius, ii, 129 and 132.</p>
+</div>
+<a name="Footnote_172"></a><a href="#FNanchor_172">[172]</a>
+<div class="note">
+<p> Gaius, ii, 132.</p>
+</div>
+<a name="Footnote_173"></a><a href="#FNanchor_173">[173]</a>
+<div class="note">
+<p> Codex, iii, 36, 11: Inter filios ac filias bona intestatorum
+parentium pro virilibus portionibus aequo iure dividi oportere
+explorati iuris est.</p>
+</div>
+<a name="Footnote_174"></a><a href="#FNanchor_174">[174]</a>
+<div class="note">
+<p> Gaius, iii, 25-31.</p>
+</div>
+<a name="Footnote_175"></a><a href="#FNanchor_175">[175]</a>
+<div class="note">
+<p> 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.</p>
+</div>
+<a name="Footnote_176"></a><a href="#FNanchor_176">[176]</a>
+<div class="note">
+<p> For all this, see Codex, v, 9, 5, and vi, 18, q.</p>
+</div>
+<a name="Footnote_177"></a><a href="#FNanchor_177">[177]</a>
+<div class="note">
+<p> 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&#8212;see the <i>vitiatarum
+electiones</i> as mentioned by Tacitus, <i>Dial. de Orat</i>., 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.</p>
+</div>
+<a name="Footnote_178"></a><a href="#FNanchor_178">[178]</a>
+<div class="note">
+<p> Paulus, v, 4, 21.</p>
+</div>
+<a name="Footnote_179"></a><a href="#FNanchor_179">[179]</a>
+<div class="note">
+<p> By the lex Fabia. Paulus, v, 30 B. Digest, 48, 15; 17, 2, 51.</p>
+</div>
+<a name="Footnote_180"></a><a href="#FNanchor_180">[180]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 8, 8; ibid., Tryphoninus, 48, 19, 39.</p>
+</div>
+<a name="Footnote_181"></a><a href="#FNanchor_181">[181]</a>
+<div class="note">
+<p> Paulus, v, 23, 14; id. in Dig., 48, 19, 38.</p>
+</div>
+<a name="Footnote_182"></a><a href="#FNanchor_182">[182]</a>
+<div class="note">
+<p> Paulus, supra cit.</p>
+</div>
+<a name="Footnote_183"></a><a href="#FNanchor_183">[183]</a>
+<div class="note">
+<p> Martial, x, 35, and x, 38.</p>
+</div>
+<a name="Footnote_184"></a><a href="#FNanchor_184">[184]</a>
+<div class="note">
+<p> 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 <i>hetaerae</i> class.</p>
+</div>
+<a name="Footnote_185"></a><a href="#FNanchor_185">[185]</a>
+<div class="note">
+<p> See, e.g., Pliny, <i>Letters</i>, v, 16.</p>
+</div>
+<a name="Footnote_186"></a><a href="#FNanchor_186">[186]</a>
+<div class="note">
+<p> Pliny, <i>Letters</i>, i, 16.</p>
+</div>
+<a name="Footnote_187"></a><a href="#FNanchor_187">[187]</a>
+<div class="note">
+<p> 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 <i>Trojan Ladies</i>, 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 <i>Mayflower</i>.</p>
+</div>
+<a name="Footnote_188"></a><a href="#FNanchor_188">[188]</a>
+<div class="note">
+<p> Juvenal, vi, 434-440.</p>
+</div>
+<a name="Footnote_189"></a><a href="#FNanchor_189">[189]</a>
+<div class="note">
+<p> Cf. Martial, ii, 90: sit mihi verna satur, sit non doctissima
+coniunx.</p>
+</div>
+<a name="Footnote_190"></a><a href="#FNanchor_190">[190]</a>
+<div class="note">
+<p> The famous verses of Martial:
+</p>
+<div class="poem">
+<div class="stanza">
+<p>Quid tibi nobiscum, ludi scelerate magister?</p>
+<p class="i2">Invisum pueris virginibusque caput!</p>
+</div>
+</div>
+</div>
+<a name="Footnote_191"></a><a href="#FNanchor_191">[191]</a>
+<div class="note">
+<p> Vespasian (69-79 A.D.) started free public education by appointing
+Quintilian Professor of Rhetoric subsidised by the state.
+Succeeding emperors enlarged upon it; but especially Alexander
+Severus (222-235 A.D.), who instituted salaries for teachers of
+rhetoric, literature, medicine, mechanics, and architecture in
+Rome and the provinces, and had poor boys attend the lectures
+free of charge&#8212;see Lampridius, <i>Alex. Severus</i>, 44.</p>
+</div>
+<a name="Footnote_192"></a><a href="#FNanchor_192">[192]</a>
+<div class="note">
+<p> Pliny, <i>Paneg.</i>, 26. Spartianus, <i>Hadrian</i>, 7, 8-9.
+Capitolinus,
+<i>Anton. Pius 8</i>; id. <i>M. Anton. Phil.</i> II. Lampridius, <i>Alex</i>.
+<i>Severus</i>, 57.</p>
+</div>
+<a name="Footnote_193"></a><a href="#FNanchor_193">[193]</a>
+<div class="note">
+<p> Pliny, <i>Letters</i>, vii, 18. The sum was 500,000 sesterces.</p>
+</div>
+<a name="Footnote_194"></a><a href="#FNanchor_194">[194]</a>
+<div class="note">
+<p> Any infringement of this vow was punished by burial alive&#8212;for
+instances, see Suetonius, <i>Domitian</i>, 8; Herodian, iv, 6, 4:
+Pliny, <i>Letters</i> iv, 11; Dio, 77, 16 (Xiphilin). Their paramours
+were beaten to death.</p>
+</div>
+<a name="Footnote_195"></a><a href="#FNanchor_195">[195]</a>
+<div class="note">
+<p> A full account of the Vestals will be found in Aulus Gellius,
+i, 12.</p>
+</div>
+<a name="Footnote_196"></a><a href="#FNanchor_196">[196]</a>
+<div class="note">
+<p> Quintilian, vii, 3, 27: ad servum nulla lex pertinet. On the
+rare instances when a slave could inform against his master in
+a public court, see Hermogenianus in Dig., v, 1, 53.</p>
+</div>
+<a name="Footnote_197"></a><a href="#FNanchor_197">[197]</a>
+<div class="note">
+<p> Gaius, i, 52 ff.</p>
+</div>
+<a name="Footnote_198"></a><a href="#FNanchor_198">[198]</a>
+<div class="note">
+<p> Gaius, iii, 222. Cf. Juvenal vi, 219-223, and 474-495.</p>
+</div>
+<a name="Footnote_199"></a><a href="#FNanchor_199">[199]</a>
+<div class="note">
+<p> Gaius, iii, 222. Salvius Julianus, Pars Secunda, xv. Aulus
+Gellius, xx, i.</p>
+</div>
+<a name="Footnote_200"></a><a href="#FNanchor_200">[200]</a>
+<div class="note">
+<p> Paulus, v, 16.</p>
+</div>
+<a name="Footnote_201"></a><a href="#FNanchor_201">[201]</a>
+<div class="note">
+<p> Paulus, iii, v, 5 ff. Pliny, <i>Letters</i>, viii, 14. Tacitus, <i>Annals</i>
+xiii, 32.</p>
+</div>
+<a name="Footnote_202"></a><a href="#FNanchor_202">[202]</a>
+<div class="note">
+<p> Valerius Maximus, vi, 8, in a chapter entitled <i>de fide servorum</i>
+speaks with great admiration of instances of fidelity on the
+part of slaves. Seneca ate with his&#8212;<i>Epist</i>. 47, 13. Martial
+laments the death of a favourite slave girl&#8212;v, 34 and 37. Dio
+(62, 27&#8212;Xiphilin) notes the heroic conduct of Epicharis, a
+freedwoman, who was included in a conspiracy against Nero;
+but she revealed none of its secrets, though tortured in every way
+by Tigellinus. The pages of Pliny are full of the spirit of kindliness
+to slaves.</p>
+</div>
+<a name="Footnote_203"></a><a href="#FNanchor_203">[203]</a>
+<div class="note">
+<p> See Tacitus, <i>Annals</i>, xiv, 42 ff.</p>
+</div>
+<a name="Footnote_204"></a><a href="#FNanchor_204">[204]</a>
+<div class="note">
+<p> Suetonius, <i>Claudius</i>, 25. Dio, 60, 29 (Xiphilin).</p>
+</div>
+<a name="Footnote_205"></a><a href="#FNanchor_205">[205]</a>
+<div class="note">
+<p> Sec, e.g., Seneca, <i>de Clem</i>., i,18, 1 and 2&#8212;especially the
+anecdote of Vedius Pollio (mentioned also by Dio, 54, 23).
+</p>
+<p>The interesting letter of Pliny, viii, 16; and cf. iii, 14, and v,
+19.
+Juvenai, vi, 219-223.</p>
+</div>
+<a name="Footnote_206"></a><a href="#FNanchor_206">[206]</a>
+<div class="note">
+<p> Spartianus, <i>Hadrian</i>, 18.</p>
+</div>
+<a name="Footnote_207"></a><a href="#FNanchor_207">[207]</a>
+<div class="note">
+<p> Gaius, i, 52 ff. Cf. Ulpian in Dig., 1, 12, 1 and 8.</p>
+</div>
+<a name="Footnote_208"></a><a href="#FNanchor_208">[208]</a>
+<div class="note">
+<p> The punishment for this was pecuniary damages equal to
+twice the highest value of a slave during the year in which he
+was killed.</p>
+</div>
+<a name="Footnote_209"></a><a href="#FNanchor_209">[209]</a>
+<div class="note">
+<p> Ulpian in Dig., i., 12, 8: hoc quoque officium praefecto urbi
+a divo Severo datum est, ut mancipia tueatur ne prostituantur.</p>
+</div>
+<a name="Footnote_210"></a><a href="#FNanchor_210">[210]</a>
+<div class="note">
+<p> Vopiscus, <i>Aurelian</i>, 49</p>
+</div>
+<a name="Footnote_211"></a><a href="#FNanchor_211">[211]</a>
+<div class="note">
+<p> Vopiscus, <i>Tacitus</i>, 9.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_II"></a>
+<h2><a name="Page_52"></a>CHAPTER II</h2>
+<h2>WOMEN AND THE EARLY CHRISTIAN CHURCH</h2>
+<p>Meanwhile a new world force, destined to
+overthrow the old order of things, was
+growing slowly to maturity and spreading out its
+might until eventually it fought its way to preeminence.
+I have traced the rights of women
+under the regime of pagan Rome; I shall inquire
+next into the position of women under Christianity.
+We must first note the attitude of the early
+Christians towards women in general; for that
+attitude will naturally be reflected in any laws
+made after the Church has become supreme and
+is combined with and directs the State. That
+will demand a special chapter on Canon Law; but
+in the present chapter I propose to show how
+women were regarded by the Christians in the
+centuries which were the formative period of the
+Church.</p>
+<p>The direct words of Christ so far as they relate
+to women and as we have them in the Gospels concern
+themselves wholly to bring about purity in
+the relation of the sexes. "Ye have heard that it
+was said, Thou shalt not commit adultery; but I
+say unto you, that every one that looketh on a
+<a name="Page_53"></a>woman to lust after her hath committed adultery
+with her already in his heart."<a name="FNanchor_212"></a><a
+ href="#Footnote_212"><sup>[212]</sup></a> His commands
+on the subject of divorce are positive and unequivocal:
+"It was said also, Whosoever shall put
+away his wife, let him give her a writing of divorcement;
+but I say unto you, that every one that
+putteth away his wife, saving for the cause of
+fornication, maketh her an adultress; and whosoever
+shall marry her when she is put away, committeth
+adultery."<a name="FNanchor_213"></a><a href="#Footnote_213"><sup>[213]</sup></a>
+Christ was content to
+lay
+down great ethical principles, not minute regulations.
+Of any inferiority on the part of women
+he says nothing, nor does be concern himself with
+giving any directions about their social or legal
+rights. He blessed the marriage at Cana; and
+to the woman taken in adultery he showed his
+usual clemency. For the rest, his relations with
+women have an atmosphere of rare sympathy,
+gentleness, and charm.</p>
+<p>But as soon as we leave the Gospels and read
+the Apostles we are in a different sphere. The
+Apostles were for the most part men of humble
+position, and their whole lives were directed by
+inherited beliefs which were distinctly Jewish and
+Oriental or Greek; not Western. In the Orient
+woman has from the dawn of history to the present
+day occupied a position exceedingly low. Indeed,
+in Mohammedan countries she is regarded merely
+<a name="Page_54"></a>as a tool for the man's sensual passions and she
+is not allowed to have even a soul. In Greece
+women were confined to their houses, were uneducated,
+and had few public rights and less moral
+latitude; their husbands had unlimited license.<a name="FNanchor_214"></a><a
+ href="#Footnote_214"><sup>[214]</sup></a>
+The Jewish ideal is by no means a lofty one and
+cannot for a moment compare with the honour accorded
+the Roman matron under the Empire. According
+to <i>Genesis</i> a woman is the cause of all the
+woes of mankind. <i>Ecclesiasticus</i> declares that the
+badness of men is better than the goodness of
+women.<a name="FNanchor_215"></a><a href="#Footnote_215"><sup>[215]</sup></a>
+In <i>Leviticus</i><a name="FNanchor_216"></a><a href="#Footnote_216"><sup>[216]</sup></a>
+we read that the period
+of
+purification customary after the birth of a child is
+to be twice as long in the case of a female as in a
+<a name="Page_55"></a>male. The inferiority of women was strongly felt;
+and this conception would be doubly operative on
+men of humble station who never travelled, who
+had received little education, and whose ideas were
+naturally bounded by the horizon of their native
+localities. We are to remember also that the East
+is the home of asceticism, a conviction alien to
+the Western mind. There is no parallel in Western
+Europe to St. Simeon Stylites.</p>
+<p>We would, therefore, expect to find in the teachings
+of the Apostles an expression of Jewish, i.e.,
+Eastern ideals on the subject of women; and we do
+so find them. Following the express commands of
+Christ, they exhorted to sexual purity and reiterated
+his injunctions on the matter of divorce.
+They went much farther and began to legislate on
+more minute details. Paul allows second marriages
+to women<a name="FNanchor_217"></a><a href="#Footnote_217"><sup>[217]</sup></a>;
+but thinks it better for a widow to
+remain as she is.<a name="FNanchor_218"></a><a href="#Footnote_218"><sup>[218]</sup></a>
+It is better to marry
+than to
+burn; yet would he prefer that men and women
+should remain in celibacy.<a name="FNanchor_219"></a><a
+ href="#Footnote_219"><sup>[219]</sup></a> The power of the
+father to arrange a marriage for his daughter was,
+under Roman law, limited by her consent; but
+the words of Paul make it clear that it was now to
+be a Christian precept that a father could determine
+on his own responsibility whether his daughter
+should remain a virgin.<a name="FNanchor_220"></a><a
+ href="#Footnote_220"><sup>[220]</sup></a> Wives are to be in
+subjection
+to their husbands, and "let the wife see that
+<a name="Page_56"></a>she fear her husband."<a name="FNanchor_221"></a><a
+ href="#Footnote_221"><sup>[221]</sup></a> Woman is the weaker
+vessel<a name="FNanchor_222"></a><a href="#Footnote_222"><sup>[222]</sup></a>;
+she is to be silent in church; if she desires
+to learn anything, she should ask her husband
+at home.<a name="FNanchor_223"></a><a href="#Footnote_223"><sup>[223]</sup></a>
+Furthermore: "I permit not a woman
+to teach, nor to have dominion over a man,
+but to be in quietness. For Adam was first
+formed, then Eve; and Adam was not beguiled,
+but the woman being beguiled hath fallen into
+transgression; but she shall be saved through
+childbearing, if they continue in faith and love
+and sanctification with sobriety."<a name="FNanchor_224"></a><a
+ href="#Footnote_224"><sup>[224]</sup></a> The apparel
+of women also evoked legislation from the Apostles.
+Women were to pray with their heads veiled "for
+the man is not of the woman, but the woman for
+the man."<a name="FNanchor_225"></a><a href="#Footnote_225"><sup>[225]</sup></a>
+Jewels, precious metal, and costly
+garments were unbecoming the modest woman.<a name="FNanchor_226"></a><a
+ href="#Footnote_226"><sup>[226]</sup></a></p>
+<p>In this early stage of Christianity we may already
+distinguish three conceptions that were quite
+foreign to the Roman jurist: <span style="font-weight: bold;">I. </span>The
+inferiority
+and weakness of women was evident from the
+time of Eve and it was an act of God that punished
+all womankind for Eve's transgression. Woman
+had been man's evil genius. <span style="font-weight: bold;">II.</span>
+She was to be
+submissive to father or husband and not bring
+her will in opposition to theirs. <span style="font-weight: bold;">III.</span>
+She must
+not be prominent in public, she must consider her
+<a name="Page_57"></a>conduct and apparel minutely, and she was
+exhorted to remain a virgin, as being thus in a
+more exalted position. At the same time insistence
+was placed on the fact that a virgin, wife, and
+widow must be given due honour and respect,
+must be provided for, and allowed her share in
+taking part in those interests of the community
+which were considered her sphere.</p>
+<p>If, now, we examine the writings of the Church
+Fathers, we shall see these ideas elaborated with
+all the vehemence of religious zeal.</p>
+<p>The general opinions of the Fathers regarding
+women present a curious mixture. They are fond
+of descanting on the fact that woman is responsible
+for all the woes of mankind and that her very
+presence is dangerous. At the same time they
+pay glowing tribute to women in particular. St.
+Jerome held that women were naturally weaker,
+physically and morally, than men.<a name="FNanchor_227"></a><a
+ href="#Footnote_227"><sup>[227]</sup></a> The same
+saint proves that all evils spring from women<a name="FNanchor_228"></a><a
+ href="#Footnote_228"><sup>[228]</sup></a>;
+and in another passage he opines that marriage
+is indeed a lottery and the vices of women are
+too great to make it worth while.<a name="FNanchor_229"></a><a
+ href="#Footnote_229"><sup>[229]</sup></a> "The sex is
+<a name="Page_58"></a>practiced in deceiving," observes St. Maximus.<a
+ name="FNanchor_230"></a><a href="#Footnote_230"><sup>[230]</sup></a>
+St. Augustine disputes subtly whether woman is
+the image of God as well as man. He says no,
+and proves it thus<a name="FNanchor_231"></a><a href="#Footnote_231"><sup>[231]</sup></a>:
+The Apostle commands
+that a man should not veil his head, because he
+is the image of God; but the woman must veil hers,
+according to the same Apostle; therefore the
+woman is not the image of God. "For this
+reason, again," continues the Saint, "the Apostle
+says 'A woman is not permitted to teach, nor
+to have dominion over her husband.'" Bishop
+Marbodius calls woman a "pleasant evil, at once
+a honeycomb and a poison" and indicts the sex,<a name="FNanchor_232"></a><a
+ href="#Footnote_232"><sup>[232]</sup></a>
+<a name="Page_59"></a>something on the order of Juvenal or Jonathan
+Swift, by citing the cases of Eve, the daughters of
+Lot, Delilah, Herodias, Clytemnestra, and Progne.
+The way in which women were regarded as at once
+a blessing and a curse is well illustrated also in a
+distich of Sedulius: "A woman alone has been
+responsible for opening the gates of death; a
+woman alone has been the cause of a return to
+life."<a name="FNanchor_233"></a><a href="#Footnote_233"><sup>[233]</sup></a></p>
+<p>That women should be in subjection, in accordance
+with the dictum of Paul, the Church Fathers
+assert emphatically. "How can it be said of a
+woman that she is the image of God," exclaims
+St. Augustine,<a name="FNanchor_234"></a><a href="#Footnote_234"><sup>[234]</sup></a>
+"when it is evident that she is
+subject to the rule of her husband and has no
+authority! Why, she can not teach, nor be a
+witness, nor give security, nor act in court; how
+much the more can she not govern!" Women are
+commanded again and again not to perform any
+of the functions of men and to yield a ready
+<a name="Page_60"></a>and unquestioning obedience to their husbands.<a
+ name="FNanchor_235"></a><a href="#Footnote_235"><sup>[235]</sup></a>
+The Fathers also insist that marriage without a
+paternal parent's consent is fornication.<a name="FNanchor_236"></a><a
+ href="#Footnote_236"><sup>[236]</sup></a></p>
+<p>Marriage was looked upon as a necessary evil,
+permitted, indeed, as a concession to the weakness
+of mankind, but to be avoided if possible.
+"Celibacy is to be preferred to marriage," says
+St. Augustine.<a name="FNanchor_237"></a><a href="#Footnote_237"><sup>[237]</sup></a>
+"Celibacy is the life of the
+angels," remarks St. Ambrose.<a name="FNanchor_238"></a><a
+ href="#Footnote_238"><sup>[238]</sup></a> "Celibacy is a
+spiritual kind of marriage," according to St.
+Optatus.<a name="FNanchor_239"></a><a href="#Footnote_239"><sup>[239]</sup></a>
+"Happy he," says Tertullia<a name="FNanchor_240"></a><a
+ href="#Footnote_240"><sup>[240]</sup></a> "who
+lives like Paul!" The same saint paints a lugubrious
+picture of marriage and the "bitter pleasure of
+children" (<i>liberorum amarissima voluptate</i>) who
+are burdens and just as likely as not will turn out
+criminals. "Why did the Lord cry woe unto those
+that are pregnant and give suck, unless it was to
+call attention to the fact that children will be a
+<a name="Page_61"></a>hindrance on the day of judgment?"<a
+ name="FNanchor_241"></a><a href="#Footnote_241"><sup>[241]</sup></a>
+When
+such views were entertained of marriage, it need
+not seem remarkable that Tertullian and St. Paul
+of Nolan, like Tolstoy to-day, discovered the
+blessings of a celibate life after they were married
+and ran away from their wives.<a name="FNanchor_242"></a><a
+ href="#Footnote_242"><sup>[242]</sup></a> Jerome
+finds marriage useful chiefly because it produces
+virgins.<a name="FNanchor_243"></a><a href="#Footnote_243"><sup>[243]</sup></a></p>
+<p>As for second marriages, the Montanist and the
+Novatian sects condemned them absolutely, on
+the ground that if God has removed a wife or
+husband he has thereby signified his will to end
+the marrying of the parties; Tertullian calls second
+marriage a species of prostitution.<a name="FNanchor_244"></a><a
+ href="#Footnote_244"><sup>[244]</sup></a>Jerome expresses
+the more tolerant and orthodox view:
+"What then? Do we condemn second marriages?
+Not at all; but we praise single ones. Do we cast
+the twice-married from the Church? Far from it;
+but we exhort the once-married to continence. In
+Noah's ark there were not only clean, but also
+unclean animals."<a name="FNanchor_245"></a><a href="#Footnote_245"><sup>[245]</sup></a></p>
+<p><a name="Page_62"></a>As the Fathers were very well aware of the
+subtle influence of dress on the sexual passions,
+we have a vast number of minute regulations directing
+virgins, matrons, and widows to be clothed
+simply and without ornament; virgins were to be
+veiled.<a name="FNanchor_246"></a><a href="#Footnote_246"><sup>[246]</sup></a>
+Tertullian, with that keen logic of which
+the Church has always been proud in her sons,
+argues that inasmuch as God has not made crimson
+or green sheep it does not behoove women to
+wear colours that He has not produced in animals
+naturally.<a name="FNanchor_247"></a><a href="#Footnote_247"><sup>[247]</sup></a>
+St. Augustine forbids nuns to bathe
+more than once a month, unless under extreme
+necessity.<a name="FNanchor_248"></a><a href="#Footnote_248"><sup>[248]</sup></a></p>
+<p>As soon as the Church begins to exercise an
+influence upon law, we shall expect to see the legal
+position of women changed in accordance with
+certain general principles outlined above, viz: <span
+ style="font-weight: bold;">I.</span>
+That inasmuch as Adam was formed before
+Eve and as women are the weaker vessels, they
+should confine themselves to those duties only
+which society has, from time immemorial, assigned
+<a name="Page_63"></a>them as their peculiar sphere. <span
+ style="font-weight: bold;">II.</span> They should
+be meek, and not oppose father or husband; and
+to these they should go for advice on all matters.
+<span style="font-weight: bold;">III.</span> All license, such as the
+Roman woman's
+right of taking the initiative in a divorce, must
+never be tolerated. <span style="font-weight: bold;">IV.</span> They
+should never
+transgress the bounds of strictest decorum in
+conduct and dress, lest they seduce men; and they
+must never be conspicuous in public or attempt to
+perform public functions. <span style="font-weight: bold;">V.</span>
+They are to be given
+due honour and are to be cared for properly.</p>
+<p>The legal rights of women would be affected,
+moreover, by a difference in the spirit of the law.
+The Roman jurist derived his whole sanction from
+reason and never allowed religious considerations,
+as such, to influence him when legislating on
+women. He recognised that laws are not immutable,
+but must be changed to fit the growth
+of equity and tolerance. No previous authority
+was valid to him if reason suggested that the
+authority's dictum had outlived its usefulness and
+must be adapted to larger ideas. It never occurred
+to him to make the inferiority of woman an act of
+God. On the other hand, the Church referred
+everything to one unchanging authoritative source,
+the Gospels and the writings of the Apostles; faith
+and authority took the place of reason; and any
+attempt to question the injunctions of the Bible
+was regarded as an act of impiety, to be punished
+accordingly. And as the various regulations
+about women had now a divine sanction,
+<a name="Page_64"></a>the permanence of these convictions was doubly
+assured.<br>
+<br>
+</p>
+<h4 style="text-align: left;">SOURCES</h4>
+<p>I. The Bible.</p>
+<p>II. Patrologia Latina: edidit J.P. Migne. Parisiis. 221
+volumes (finished 1864).<br>
+<br>
+</p>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_212"></a><a href="#FNanchor_212">[212]</a>
+<div class="note">
+<p> <i>Matthew</i> 5, 27 ff.</p>
+</div>
+<a name="Footnote_213"></a><a href="#FNanchor_213">[213]</a>
+<div class="note">
+<p> <i>Matthew</i> 5, 31 ff.; id. 19, 3 ff. <i>Mark</i> 10, 2-12. <i>Luke</i>
+16, 18.</p>
+</div>
+<a name="Footnote_214"></a><a href="#FNanchor_214">[214]</a>
+<div class="note">
+<p> Plutarch lived in the second century A.D.; but he has inherited
+the Greek point of view and advises a wife to bear with meekness
+the infidelities of the husband&#8212;see <i>Praecep. Coniug</i>., 16.
+His words are often curiously similar to those of the Apostles,
+e.g., <i>Coniug. Praecep</i>., 33: "The husband shall rule the wife
+not as if master of a chattel, but as the soul does the body." Id.
+37: "Wives who are sensible will be silent when their husbands
+are angry and vent their passion; when their husbands are
+silent, then let them speak to them and mollify them." However,
+like the Apostles, he enjoins upon husbands to honour their
+wives; his essay on the "Virtues of Women"&#8212;&#947;&#965;&#957;&#945;&#953;&#954;&#969;&#957; &#945;&#961;&#949;&#964;&#945;&#953;&#8212;is
+an affectionate tribute to their worth.
+</p>
+<p>Some of the respectable Puritan gentlemen at Rome also
+held that a wife be content to be a humble admirer of her husband
+(e.g., Pliny, <i>Paneg</i>., 83, hoc efficiebat, quod mariti minores
+erant ... nam uxori sufficit obsequii gloria, etc.). But
+Roman law insisted that what was morally right for the man
+was equally so for the woman; just as it compelled a husband
+himself to observe chastity, if he expected it from his wife.</p>
+</div>
+<a name="Footnote_215"></a><a href="#FNanchor_215">[215]</a>
+<div class="note">
+<p> <i>Ecclesiasticus</i> 42, 14.</p>
+</div>
+<p><a name="Footnote_216"></a><a href="#FNanchor_216">[216]</a> <i><br>
+</i></p>
+<div style="margin-left: 40px;"><i>Leviticus</i> xii, 1-5.<br>
+<br>
+</div>
+<a name="Footnote_217"></a><a href="#FNanchor_217">[217]</a>
+<div class="note">
+<p> <i>Romans</i> 7, 2-4.</p>
+</div>
+<a name="Footnote_218"></a><a href="#FNanchor_218">[218]</a>
+<div class="note">
+<p> <i>Corinthians</i> i, 7, 39.</p>
+</div>
+<a name="Footnote_219"></a><a href="#FNanchor_219">[219]</a>
+<div class="note">
+<p> <i>Corinthians</i> i, 7, 1 ff.</p>
+</div>
+<a name="Footnote_220"></a><a href="#FNanchor_220">[220]</a>
+<div class="note">
+<p> <i>Corinthians</i> i, 7, 37.</p>
+</div>
+<a name="Footnote_221"></a><a href="#FNanchor_221">[221]</a>
+<div class="note">
+<p> <i>Ephesians</i> 5, 22 and 33.</p>
+</div>
+<a name="Footnote_222"></a><a href="#FNanchor_222">[222]</a>
+<div class="note">
+<p> <i>Peter</i> i, 3, 7.</p>
+</div>
+<a name="Footnote_223"></a><a href="#FNanchor_223">[223]</a>
+<div class="note">
+<p> <i>Corinthians</i> i, 14, 34.</p>
+</div>
+<a name="Footnote_224"></a><a href="#FNanchor_224">[224]</a>
+<div class="note">
+<p> <i>Timothy</i> i, 2, 12-15.</p>
+</div>
+<a name="Footnote_225"></a><a href="#FNanchor_225">[225]</a>
+<div class="note">
+<p> <i>Corinthians</i> i, II, 8.</p>
+</div>
+<a name="Footnote_226"></a><a href="#FNanchor_226">[226]</a>
+<div class="note">
+<p> <i>Timothy</i> i, 2, 9. <i>Peter</i> i, 3.</p>
+</div>
+<a name="Footnote_227"></a><a href="#FNanchor_227">[227]</a>
+<div class="note">
+<p> Abelard, Ep., 9, in vol. 178, p. 325, of Migne: Beatus Hieronymus
+...
+tanto magis necessarium amorem huius
+studii (i.e. the Scriptures) censuit, quanto eas naturaliter
+infirmiriores
+et carne debiliores esse conspexit. Cf. St. Paul of
+Nolan, <i>Letters</i>, 23, &sect; 135&#8212;Migne 61, p. 273: Hi enim (i.e.
+evil
+spirits) petulantius infirmiora vasa pertentant, sicut non
+Adam, sed Evam coluber aggressus est.</p>
+</div>
+<a name="Footnote_228"></a><a href="#FNanchor_228">[228]</a>
+<div class="note">
+<p> Adversus Iovianum, i, 48&#8212;Migne, vol. 23, p. 278.</p>
+</div>
+<a name="Footnote_229"></a><a href="#FNanchor_229">[229]</a>
+<div class="note">
+<p> Adversus Iovianum, i, 28&#8212;Migne, vol. 23, pp. 249-250:
+Qui enim ducit uxorem, in ambiguo est, utrum odiosam an amabilem
+ducat. Si odiosam duxerit, ferri non potest. Si amabilem,
+amor illius inferno et arenti terrae et incendio comparatur.
+He quotes the Old Testament, especially <i>Pr</i>. 30, 16, to support
+his views.</p>
+</div>
+<a name="Footnote_230"></a><a href="#FNanchor_230">[230]</a>
+<div class="note">
+<p> S. Maximi Episcopi Taurinensis&#8212;Homilia 53, I&#8212;Migne,
+vol. 57, p. 350.</p>
+</div>
+<a name="Footnote_231"></a><a href="#FNanchor_231">[231]</a>
+<div class="note">
+<p> Augustinus: <i>Quaest. ex vet. Test</i>., 21: an mulier imago Dei
+sit
+... unde et Apostolus, Vir quidem, inquit, non debet
+velare caput, cum sit imago et gloria Dei; mulier autem, inquit,
+velet caput. Quare? Quia non est imago Dei. Unde denuo dicit
+Apostolus: Mulieri autem docere non permittitur, neque dominari
+in virum. Migne, vol. 35, p. 2228.</p>
+</div>
+<a name="Footnote_232"></a><a href="#FNanchor_232">[232]</a>
+<div class="note">
+<p> Migne, vol. 171, pp. 1698-1699:
+</p>
+<div class="poem">
+<div class="stanza">
+<p>Femina dulce malum, pariter favus atque venenum,</p>
+<p>Melle linens gladium cor confodit et sapientum.</p>
+<p>Quis suasit primo vetitum gustare parenti?</p>
+<p>Femina. Quis patrem natas vitiare coegit?</p>
+<p>Femina. Quis fortem spoliatum crine peremit?</p>
+<p>Femina. Quis iusti sacrum caput ense recidit?</p>
+<p>Femina.&#8212;etc., ad lib.</p>
+</div>
+</div>
+<p>
+However, in another poem he acknowledges that there is
+nothing more beautiful than a good woman:
+</p>
+<div class="poem">
+<div class="stanza">
+<p>In cunctis quae dante Deo concessa videntur</p>
+<p>Usibus humanis, nil pulchrius esse putamus,</p>
+<p>Nil melius muliere bona, etc.</p>
+</div>
+</div>
+</div>
+<a name="Footnote_233"></a><a href="#FNanchor_233">[233]</a>
+<div class="note">
+<p> Migne, vol. 80, p. 307. The sentiment is more fully developed
+in another poem&#8212;Migne, vol. 80, p. 307:
+</p>
+<div class="poem">
+<div class="stanza">
+<p>Femina causa fuit humanae perditionis;</p>
+<p>Qua reparatur homo, femina causa fuit.</p>
+<p>Femina causa fuit cur homo ruit a paradiso;</p>
+<p>Qua redit ad vitam, femina causa fuit.</p>
+<p>Femina prima parens exosa, maligna, superba;</p>
+<p>Femina virgo parens casta, benigna, pia.</p>
+</div>
+</div>
+</div>
+<a name="Footnote_234"></a><a href="#FNanchor_234">[234]</a>
+<div class="note">
+<p> <i>Quaest. ex vet. Test</i>., 45; Migne, vol. 35, p. 2244.</p>
+</div>
+<a name="Footnote_235"></a><a href="#FNanchor_235">[235]</a>
+<div class="note">
+<p> E.g., Tertullian, <i>de virg. vel</i>., 9. St. Paul of Nolan,
+letter
+23, &sect; 135&#8212;Migne, 61, p. 273. Id., letter 26, vol. 61, p. 732
+of Migne. Cf. Augustine, letter 262, &sect; 5&#8212;Migne, 33, p.
+1079.</p>
+</div>
+<a name="Footnote_236"></a><a href="#FNanchor_236">[236]</a>
+<div class="note">
+<p> Basilius, <i>ad Amphil</i>., c.42: Matrimonia sine iis, qui
+potestatem
+habent, fornicationes sunt.
+</p>
+<p>Ambrose says: Honorantur parentes Rebeccae muneribus,
+consulitur puella non de sponsalibus, illa enim expectat iudicium
+parentum; non est enim virginalis pudoris eligere maritum.</p>
+</div>
+<a name="Footnote_237"></a><a href="#FNanchor_237">[237]</a>
+<div class="note">
+<p> Virginitas praeferenda coniugio&#8212;August., vol. 44, p. 142 of
+Migne. The Council of Trent, eleven centuries later, in its
+twenty-fourth session, re-echoed this sentiment and anathematised
+any one who should deny it.</p>
+</div>
+<a name="Footnote_238"></a><a href="#FNanchor_238">[238]</a>
+<div class="note">
+<p> Migne, vol. 16, p. 342.</p>
+</div>
+<a name="Footnote_239"></a><a href="#FNanchor_239">[239]</a>
+<div class="note">
+<p> Id., II, p. 1074.</p>
+</div>
+<a name="Footnote_240"></a><a href="#FNanchor_240">[240]</a>
+<div class="note">
+<p> Tertullian <i>ad uxorem</i>, i, 3.</p>
+</div>
+<a name="Footnote_241"></a><a href="#FNanchor_241">[241]</a>
+<div class="note">
+<p> Id. <i>ad uxorem</i>, i, 5. See also Gregory of Nyassa, <i>de Virg</i>.,
+iii, on the evils of matrimony.</p>
+</div>
+<a name="Footnote_242"></a><a href="#FNanchor_242">[242]</a>
+<div class="note">
+<p> v. Tertullian, <i>ad uxorem</i>. For Paul of Nolan, see Migne,
+vol. 61, p. 22.</p>
+</div>
+<a name="Footnote_243"></a><a href="#FNanchor_243">[243]</a>
+<div class="note">
+<p> Laudo nuptias, laudo coniugium, sed quia mihi virgines
+generant.</p>
+</div>
+<a name="Footnote_244"></a><a href="#FNanchor_244">[244]</a>
+<div class="note">
+<p> <i>Ad uxorem</i>, i, 7 and 9: non aliud dicendum erit secundum
+matrimonium quam species stupri.</p>
+</div>
+<a name="Footnote_245"></a><a href="#FNanchor_245">[245]</a>
+<div class="note">
+<p> Jerome, <i>Epist</i>., 123. See also id., <i>Epistola de
+viduitate servanda</i>,
+Migne 22, p. 550, and the <i>Epist. de monogamia</i>, Migne,
+22, p. 1046. Ambrose, <i>de viduis liber unus</i>, Migne, 16, p. 234.
+Cf. Alanus de Insulis in Migne, vol. 210, p. 194: Vidua ad
+secundas nuptias non transeat.</p>
+</div>
+<a name="Footnote_246"></a><a href="#FNanchor_246">[246]</a>
+<div class="note">
+<p> See, e.g., St. Cyprian, <i>de habitu virginum</i>. Tertullian,
+<i>de virginibus velandis</i> and <i>de cultu feminarum</i>. Treatises
+on the
+way widows should dress were written, among others, by St.
+Paul of Nolan, <i>Epist</i>. 23, &sect;&sect; 133-135&#8212;Migne 61;
+Augustine,
+St. Fulgentius Rusp., St. Paulinus Aquil., and St. Petrus
+Damianus.</p>
+</div>
+<a name="Footnote_247"></a><a href="#FNanchor_247">[247]</a>
+<div class="note">
+<p> <i>De cultu feminarum</i>, i, 8.</p>
+</div>
+<a name="Footnote_248"></a><a href="#FNanchor_248">[248]</a>
+<div class="note">
+<p> Lavacrum etiam corporum ususque balneorum non sit assiduus,
+sed eo quo solet intervallo temporis tribuatur, hoc est,
+semel in mense. Nisi infirmitatis necessitas cogat, corpus
+saepius non lavandum&#8212;Augustine, <i>de monialibus</i>, Migne,
+vol. 33, page 963.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_III"></a>
+<h2><a name="Page_65"></a>CHAPTER III</h2>
+<h2>RIGHTS OF WOMEN AS MODIFIED BY THE CHRISTIAN
+EMPERORS</h2>
+<p>Christianity became the state religion
+under Constantine, who issued the Edict of
+Milan, giving toleration to the Christians, in
+the year 313. The emperors from Constantine
+through Justinian (527-565) modified the various
+laws pertaining to the rights of women in various
+ways. To the enactments of Justinian, who caused
+the whole body of the Roman law to be collected,
+I intend to give special attention. We must not,
+as yet, expect to find the strict views of the Church
+Fathers carried out in any severe degree. On
+the contrary the old Roman law was still so
+powerful that it was for the most part beyond the
+control of ecclesiasts. Justinian was an ardent
+admirer of it and could not escape from its prevailing
+spirit. Canon law had not yet developed.
+When the old Roman civilisation in Italy has
+succumbed completely to its barbarian conquerors;
+when the East has been definitely sundered from
+the West; when the Church has risen supreme,
+has won temporal power, and has developed
+canon law into a force equal to the civil law,&#8212;
+<a name="Page_66"></a>then finally we shall expect to see the legal
+rights
+of women changed in accordance with two new
+world forces&#8212;the Roman Catholic Church and the
+Germanic nations. I shall now discuss legislation
+having to do with my subject under the Christian
+emperors from Constantine (306-337) through the
+reign of Justinian (527-565).</p>
+<div class="sidenote"> Divorce: rescript of Theodosius and Valentian.</div>
+<p>The power of husband and wife to divorce at will
+and for any cause, which we have seen obtained
+under the old Roman law, was confined
+to certain causes only by Theodosius and
+Valentinian (449 A.D.). These emperors
+asserted vigorously that<a name="FNanchor_249"></a><a
+ href="#Footnote_249"><sup>[249]</sup></a> the dissolution
+of the marriage tie should be made more
+difficult, especially out of regard to the children.
+Pursuant to this idea the power of divorce was
+given for the following reasons alone: adultery,
+murder, treason, sacrilege, robbery; unchaste
+conduct of a husband with a woman not his wife
+and vice-versa; if a wife attended public games
+without her husband's permission; and extreme
+physical violence of either party. A woman who
+sent her husband a bill of divorce for any other
+reason forfeited her dowry and all ante-nuptial
+gifts and could not marry again for five years,
+under penalty of losing all civil rights. Her property
+accrued to her husband to be kept in trust for
+the children.</p>
+<div class="sidenote"> Justinian on divorce</div>
+<p>Justinian made more minute regulations on the
+subject of divorce. To the valid causes for
+<a name="Page_67"></a>divorce as laid down by Theodosius and
+Valentinian
+he added impotence; if a separation was obtained
+on this ground, the husband might
+retain ante-nuptial gifts.<a name="FNanchor_250"></a><a
+ href="#Footnote_250"><sup>[250]</sup></a> Abortion
+committed by the wife or bathing with other men
+than her husband or inveigling other men to be her
+paramours&#8212;these offences on the part of the wife
+gave her husband the right of divorce.<a name="FNanchor_251"></a><a
+ href="#Footnote_251"><sup>[251]</sup></a> Captivity
+of either party for a prolonged period of time was
+always a valid reason. Justinian added also<a name="FNanchor_252"></a><a
+ href="#Footnote_252"><sup>[252]</sup></a>
+that a man who dismissed his wife without any of
+the legal causes mentioned above existing or who
+was himself guilty of any of these offences must
+give to his wife one fourth of his property up to
+a sum not to exceed one hundred <i>librae</i> of gold,
+if he owned property worth four hundred <i>librae</i>
+or more; if he had less, one fourth of all he possessed
+was forfeit. The same penalties held for the wife
+who presumed to dismiss her husband without the
+offences legally recognised existing. The forfeited
+money was at the free disposal of the blameless
+party if there were no children; these being extant,
+the property must be preserved intact for their
+inheritance and merely the usufruct could be
+enjoyed by the trustees. A woman who secured
+a divorce through a fault of her husband had
+always to wait at least a year before marrying
+again <i>propter seminis confusionem</i>.<a name="FNanchor_253"></a><a
+ href="#Footnote_253"><sup>[253]</sup></a></p>
+<div class="sidenote"> Justin revokes decrees of Justinian.</div>
+<p><a name="Page_68"></a>Justin, the nephew and successor of Justinian,
+reaffirmed the right to divorce by mutual consent,
+thus abrogating the laws of his predecessors.<a name="FNanchor_254"></a><a
+ href="#Footnote_254"><sup>[254]</sup></a>
+Justinian had ordained
+that if husband and wife separated by
+mutual consent, they were to be forced to spend the
+rest of their lives in a convent and forfeit to it
+one third of their goods.<a name="FNanchor_255"></a><a
+ href="#Footnote_255"><sup>[255]</sup></a> Justin, then, made
+the pious efforts of his uncle naught. Nothing
+can more clearly illustrate than his decree how
+small a power the Church still possessed to mould
+the tenor of the law; for such a thing as divorce
+by mutual consent, without any necessary reason,
+was a serious misdemeanour in the eyes of the
+Church Fathers, who passed upon it their severest
+censures.</p>
+<div class="sidenote"> Adultery.</div>
+<p>On the subject of adultery Justinian enacted
+that if the husband was the guilty party, the dowry
+and marriage donations must be given
+his wife; but the rest of his property
+accrued to his relatives, both in ascending and descending
+lines, to the third degree; these failing, his
+<a name="Page_69"></a>goods were confiscated to the royal purse.<a
+ name="FNanchor_256"></a><a href="#Footnote_256"><sup>[256]</sup></a>
+A
+woman guilty of adultery was at once sent to a
+monastery. After a space of two years her husband
+could take her back again, if he so wished,
+without prejudice. If he did not so desire, or if
+he died, the woman was shorn and forced to spend
+the rest of her life in a nunnery; two thirds of her
+property were given to her relatives in descending
+line, the other third to the monastery; if there were
+no descendants, ascendants got one third and
+the monastery two thirds; relatives failing, the
+monastery took all; and in all cases goods inserted
+in the dowry contract were to be kept for the
+husband.<a name="FNanchor_257"></a><a href="#Footnote_257"><sup>[257]</sup></a></p>
+<div class="sidenote"> Second marriages. <br>
+<br>
+<br>
+<br>
+<br>
+<br>
+Strict laws of Gratian, Valentinian, and Theodosius.</div>
+<p>The legislation of the earlier Christian emperors
+on second marriages reflects the various
+feelings of the Church Fathers on the
+subject. Under the old law, people could marry
+as often as they wished without any penalties.<a name="FNanchor_258"></a><a
+ href="#Footnote_258"><sup>[258]</sup></a>
+But we have seen that among some of the Churchmen
+second marriages were held in peculiar abhorrence,
+and third nuptials were regarded as a
+hideous sin; while the orthodox clergy, like St.
+Augustine and St. Jerome, permitted second and
+third marriages, but damned them with faint
+praise and urged Christians to be content with
+<a name="Page_70"></a>one venture. Public opinion, custom, and the
+influence
+of the old Roman law were too powerful
+to allow Christian monarchs to become fanatical
+on the subject<a name="FNanchor_259"></a><a href="#Footnote_259"><sup>[259]</sup></a>;
+but certain stricter regulations
+were introduced by the pious Gratian,
+Valentinian, and Theodosius, in the
+years 380, 381, and 382.<a name="FNanchor_260"></a><a
+ href="#Footnote_260"><sup>[260]</sup></a> As under
+the old laws any widow who married
+again before the legal time of mourning
+&#8212;a year&#8212;had expired, became infamous and lost
+both cast and all claims to the goods of her
+deceased husband. She was furthermore not
+permitted to give a second husband more than one
+third of her property nor leave him more than one
+third by will; and she could receive no intestate
+succession beyond the third degree. A woman
+who proceeded to a second marriage after the
+legal period of mourning, must make over at once
+to the children of the first marriage all the property
+which her former husband had given or left to her.
+As to her own personal property, she was allowed
+to possess it and enjoy the income while she lived,
+but not to alienate it or leave it by will to any one
+except the children of the first marriage. As
+I have before remarked, Roman law constantly
+had the interest of the children at heart.<a name="FNanchor_261"></a><a
+ href="#Footnote_261"><sup>[261]</sup></a> If
+<a name="Page_71"></a>there was no issue of the first marriage, then
+the
+woman had free control. A mother acquired full
+right&#8212;as the old Senatus consultum Tertullianum
+had decreed&#8212;to the property of a son or daughter
+who died childless<a name="FNanchor_262"></a><a href="#Footnote_262"><sup>[262]</sup></a>;
+but if she married a
+second
+time, and her son or daughter died without leaving
+children or grandchildren, she was expelled from
+all succession and distant relatives acquired the
+property.<a name="FNanchor_263"></a><a href="#Footnote_263"><sup>[263]</sup></a></p>
+<div class="sidenote"> Justinian moderates these laws to a great degree.</div>
+<p>Justinian changed these enactments to a pronounced
+degree. "We are not making laws
+that are too bitter against women
+who marry a second time," he remarks,<a name="FNanchor_264"></a><a
+ href="#Footnote_264"><sup>[264]</sup></a>
+"and we do not want to lead them,
+in consequence of such action, to the harsh
+necessity, unworthy of our age, of abstaining
+from a chaste second marriage and descending
+to illegitimate connections." He ordained,
+therefore, that the law mentioned above be
+annulled and that mothers should have absolutely
+unrestricted rights of inheritance to a
+deceased child's property along with the latter's
+brothers and sisters; and second marriage was
+<a name="Page_72"></a>never to create any prejudice.<a
+ name="FNanchor_265"></a><a href="#Footnote_265"><sup>[265]</sup></a>
+In the earlier part
+of his reign Justinian also forbade husband or
+wife to leave one another property under the
+stipulation that the surviving partner must not
+marry again<a name="FNanchor_266"></a><a href="#Footnote_266"><sup>[266]</sup></a>;
+but later, when his zeal for reform
+had become more pronounced and fanatical, he
+revoked this and gave the conditioned party the
+option either of enjoying the property by remaining
+unmarried or of forfeiting it by a second union.<a name="FNanchor_267"></a><a
+ href="#Footnote_267"><sup>[267]</sup></a></p>
+<div class="sidenote"> Breaking of engagements.</div>
+<p>Constantine ordained,<a name="FNanchor_268"></a><a
+ href="#Footnote_268"><sup>[268]</sup></a> in the year 336, that
+if an engagement was broken by the death
+of one of the contracting parties and
+if the <i>osculum</i><a name="FNanchor_269"></a><a href="#Footnote_269"><sup>[269]</sup></a>
+had taken place, half
+of whatever donations had been given was
+to be handed over to the surviving party and
+half to the heirs of the deceased; but if the
+solemn <i>osculum</i> had not yet taken place, all
+gifts went to the heirs of the deceased. There
+was also a law that if either party broke the engagement
+to enter monastic life, the man who did so
+lost all that he had given by way of earnest
+money for the marriage contract (<i>arrarum nomine</i>);
+if it was the woman who took the initiative, she
+was compelled to return twice the amount of any
+sums she had received. This was changed by
+<a name="Page_73"></a>Justinian, who enacted that those who broke
+an engagement to enter monastic life should
+merely return or receive whatever donations had
+been made.<a name="FNanchor_270"></a><a href="#Footnote_270"><sup>[270]</sup></a>
+Constantine and his successors abrogated
+the old time Julian laws, which had inflicted
+certain penalties&#8212;such as limited rights of inheritance&#8212;on
+men and women who did not marry.<a name="FNanchor_271"></a><a
+ href="#Footnote_271"><sup>[271]</sup></a></p>
+<div class="sidenote"> Changes in the law of gifts.</div>
+<p>I have already pointed out that gifts between
+husband and wife were illegal and I have explained
+the reasons. Justinian allowed the husband
+to make donations to his wife, in
+such wise, however, that all chance of
+intent to defraud might be absent.<a name="FNanchor_272"></a><a
+ href="#Footnote_272"><sup>[272]</sup></a> He ordained
+also that if husband or wife left the married state
+to embrace a celibate life, each party was to keep
+his or her own property as per marriage contract
+or as each would legitimately in the case of the
+other's death.<a name="FNanchor_273"></a><a href="#Footnote_273"><sup>[273]</sup></a>
+If any one, after vowing the
+monastic life, returned to the world, his or her
+<a name="Page_74"></a>goods were forfeit to the monastery which he or
+she had left.<a name="FNanchor_274"></a><a href="#Footnote_274"><sup>[274]</sup></a></p>
+<div class="sidenote"> Various enactments on marriage.</div>
+<p>The consent of the father or, if he was dead, of
+near relatives was emphatically declared necessary
+by the Christian emperors for a marriage
+and the woman had practically no will
+of her own although, if several suitors
+were proposed to her, she might be requested to
+name which one she preferred.<a name="FNanchor_275"></a><a
+ href="#Footnote_275"><sup>[275]</sup></a> Marriage with
+a Jew was treated as adultery.<a name="FNanchor_276"></a><a
+ href="#Footnote_276"><sup>[276]</sup></a> Women who
+belonged to heretical sects were to have no
+privileges.<a name="FNanchor_277"></a><a href="#Footnote_277"><sup>[277]</sup></a>
+Justinus and Justinian abrogated the
+old law which forbade senators to marry freedwomen
+or any woman who had herself or whose
+parents had followed the stage. Actresses were
+now permitted, on giving up their profession, to
+claim all the rights of other free women; and a
+senator could marry such or even a freedwoman
+without prejudice.<a name="FNanchor_278"></a><a href="#Footnote_278"><sup>[278]</sup></a></p>
+<div class="sidenote"> Changes in the laws of inheritance.</div>
+<p>Under the old law, as we have seen, a son and a
+daughter had equal rights to intestate succession;
+but beyond the relationship of daughter
+to father or sister to brother women had
+no rights to intestate succession unless
+there were no agnates, that is, male relatives on
+the father's side. Thus, an aunt would not be
+called to the estate of a nephew who died childless,
+<a name="Page_75"></a>but the uncle was regularly admitted. So, too, a
+nephew was admitted to the intestate succession
+of an uncle, who died without issue, but the niece
+was shut out. All this was changed by Justinian,
+who gave women the same rights of inheritance
+as men under such conditions.<a name="FNanchor_279"></a><a
+ href="#Footnote_279"><sup>[279]</sup></a> If the children
+were unorthodox, they were to have absolutely no
+share of either parent's goods.<a name="FNanchor_280"></a><a
+ href="#Footnote_280"><sup>[280]</sup></a></p>
+<div class="sidenote"> Women as guardians.</div>
+<div class="sidenote"> In suits.</div>
+<p>The Christian emperors permitted widows to be
+guardians over their children if they
+promised on oath not to marry again
+and gave security against fraud.<a name="FNanchor_281"></a><a
+ href="#Footnote_281"><sup>[281]</sup></a> Justinian forbade
+women to act by themselves in
+any legal matters.<a name="FNanchor_282"></a><a href="#Footnote_282"><sup>[282]</sup></a></p>
+<div class="sidenote"> Bills of attainder.</div>
+<p>Arcadius and Honorius (397 A.D.) enacted some
+particularly savage bills of attainder, which were
+in painful contrast to the clemency
+of their pagan predecessors. Those
+guilty of high treason were decapitated and their
+goods escheated to the crown. "To the sons of
+such a man [i.e., one condemned for high treason],"
+write these amiable Christians,<a name="FNanchor_283"></a><a
+ href="#Footnote_283"><sup>[283]</sup></a> "we allow their
+lives out of special royal mercy&#8212;for they ought
+really to be put to death along with their fathers&#8212;but
+they are to receive no inheritances. Let them
+be paupers forever; let the infamy of their father
+ever follow them; they may never aspire to office;
+<a name="Page_76"></a>in their lasting poverty let death be a relief
+and
+life a punishment. Finally, any one who tries to
+intercede for these with us is also to be infamous."<a
+ name="FNanchor_284"></a><a href="#Footnote_284"><sup>[284]</sup></a>
+However, to the daughters of the condemned these
+emperors graciously granted one fourth of their
+mother's but not any of their father's goods. In
+the case of crimes other than high treason the
+children or grandchildren were allowed one half of
+the estate.<a name="FNanchor_285"></a><a href="#Footnote_285"><sup>[285]</sup></a>
+Constantine decreed that a wife's
+property was not to be affected by the condemnation
+of her husband.<a name="FNanchor_286"></a><a href="#Footnote_286"><sup>[286]</sup></a></p>
+<div class="sidenote"> Rape.</div>
+<p>Ravishers of women, even of slaves and freedwomen,
+were punished by Justinian with death;
+but in the case of freeborn women only
+did the property of the guilty man and
+his abettors become forfeit to the outraged victim.
+A woman no longer had the privilege of demanding
+her assailant in marriage.<a name="FNanchor_287"></a><a
+ href="#Footnote_287"><sup>[287]</sup></a></p>
+<br>
+<h4 style="text-align: left;">SOURCES</h4>
+<p>Roman Law as cited in Chapter I, especially the <i>Novellae</i> of
+Justinian.<br>
+</p>
+<br>
+
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_249"></a><a href="#FNanchor_249">[249]</a>
+<div class="note">
+<p> Codex, v, 17, 8 contains this rescript in full.</p>
+</div>
+<a name="Footnote_250"></a><a href="#FNanchor_250">[250]</a>
+<div class="note">
+<p> Codex, v, 17, 10.</p>
+</div>
+<a name="Footnote_251"></a><a href="#FNanchor_251">[251]</a>
+<div class="note">
+<p> Codex, v, 17, 11.</p>
+</div>
+<a name="Footnote_252"></a><a href="#FNanchor_252">[252]</a>
+<div class="note">
+<p> Id.</p>
+</div>
+<a name="Footnote_253"></a><a href="#FNanchor_253">[253]</a>
+<div class="note">
+<p> Novellae, 22, 18.</p>
+</div>
+<a name="Footnote_254"></a><a href="#FNanchor_254">[254]</a>
+<div class="note">
+<p> Novellae, 140, 1: Antiquitus quidem licebat sine periculo
+tales (i.e., those of incompatible temperament) ab invicem separari
+secundum communem voluntatem et consensum hoc agentes,
+sicut et plurimae tunc leges extarent hoc dicentes et <i>bona gratia</i>
+sic procedentem solutionem nuptiarum patria vocitantes voce.
+Postea vero divae memoriae nostro patri.... legem
+sancivit prohibens cum consensu coniugia solvi.... Haec
+igitur aliena nostris iudicantes temporibus in praesenti sacram
+constituimus legem, per quam sancimus licere ut antiquitus
+consensu coniugum solutiones nuptiarum fieri.</p>
+</div>
+<a name="Footnote_255"></a><a href="#FNanchor_255">[255]</a>
+<div class="note">
+<p> Novellae, 134, 11.</p>
+</div>
+<a name="Footnote_256"></a><a href="#FNanchor_256">[256]</a>
+<div class="note">
+<p> Novellae, 134, 10.</p>
+</div>
+<a name="Footnote_257"></a><a href="#FNanchor_257">[257]</a>
+<div class="note">
+<p> Novellae, 134, 10.</p>
+</div>
+<a name="Footnote_258"></a><a href="#FNanchor_258">[258]</a>
+<div class="note">
+<p> Novellae, 22 (praefatio): Antiquitas equidem non satis
+aliquid de prioribus aut secundis perserutabatur nuptiis, sed
+licebat et patribus et matribus et ad plures venire nuptias et
+lucro nullo privari, et causa erat in simplicitate confusa.</p>
+</div>
+<a name="Footnote_259"></a><a href="#FNanchor_259">[259]</a>
+<div class="note">
+<p> The language of some of them is pretty strong, however&#8212;
+matre iam secundis nuptiis <i>funestata</i>&#8212;Codex, v, 9, 3 (Gratian,
+Valentinian, Theodosius).</p>
+</div>
+<a name="Footnote_260"></a><a href="#FNanchor_260">[260]</a>
+<div class="note">
+<p> For these see Codex, v, 9, 1 and 2 and 3.</p>
+</div>
+<a name="Footnote_261"></a><a href="#FNanchor_261">[261]</a>
+<div class="note">
+<p> Cf. Codex, v, 9, 4. Nos enim hac lege id praecipue custodiendum
+esse decrevimus, ut ex quocumque coniugio suscepti
+filii patrum suorum sponsalicias retineant facilitates.</p>
+</div>
+<a name="Footnote_262"></a><a href="#FNanchor_262">[262]</a>
+<div class="note">
+<p> Codex, vi, 56, 5.</p>
+</div>
+<a name="Footnote_263"></a><a href="#FNanchor_263">[263]</a>
+<div class="note">
+<p> Novellae, ii, 3: ex absurditate legis, licet praemoriantur filii
+omnes, non relinquentes filios aut nepotes, nihilominus supplicium
+manet, et non succedit eis mater, sed expellitur ab
+eorum inhumane successione ... sed succedunt quidem
+illis aliqui ex longa cognatione.</p>
+</div>
+<a name="Footnote_264"></a><a href="#FNanchor_264">[264]</a>
+<div class="note">
+<p> Novellae, ii, 3.</p>
+</div>
+<a name="Footnote_265"></a><a href="#FNanchor_265">[265]</a>
+<div class="note">
+<p> Novellae ii, 3.</p>
+</div>
+<a name="Footnote_266"></a><a href="#FNanchor_266">[266]</a>
+<div class="note">
+<p> Codex, vi, 40, 2 and 3.</p>
+</div>
+<a name="Footnote_267"></a><a href="#FNanchor_267">[267]</a>
+<div class="note">
+<p> Novellae, 22, 44: unde sancimus, si quis prohibuerit ad aliud
+venire matrimonium, etc.</p>
+</div>
+<a name="Footnote_268"></a><a href="#FNanchor_268">[268]</a>
+<div class="note">
+<p> Codex, v, 3, 16.</p>
+</div>
+<a name="Footnote_269"></a><a href="#FNanchor_269">[269]</a>
+<div class="note">
+<p> The <i>osculum</i> was a sort of "donation on account of
+marriage" made on the day of the formal engagement.</p>
+</div>
+<a name="Footnote_270"></a><a href="#FNanchor_270">[270]</a>
+<div class="note">
+<p> Codex, i, 3, 54 (56).</p>
+</div>
+<a name="Footnote_271"></a><a href="#FNanchor_271">[271]</a>
+<div class="note">
+<p> Codex, viii, 57 (58), I and 2. Cf. Codex, viii, 58 (59), 1 and 2.</p>
+</div>
+<a name="Footnote_272"></a><a href="#FNanchor_272">[272]</a>
+<div class="note">
+<p> Codex, v, 3, 10.</p>
+</div>
+<a name="Footnote_273"></a><a href="#FNanchor_273">[273]</a>
+<div class="note">
+<p> Codex, i, 3, 54 (56). Gregory of Tours informs us that according
+to the Council of Nicaea&#8212;325 A.D.&#8212;a wife who left
+her husband, to whom she was happily married, to enter a nunnery
+incurred excommunication. He means probably: if she
+went without her husband's consent. Greg. 9, 33: Tunc ego
+accedens ad monasterium canonum Nicaenorum decreta relegi,
+in quibus continetur: quia si quae reliquerit virum et thorum, in
+quo bene vexit, spreverit, dicens quia non sit ei portio in illa
+caelestis regni gloria qui fuerit coniugio copulatus, anathema
+sit. (Note of editor: Videtur esse canon 14 concilii Grangensis,
+quod concilium veteres Nicaeno subiungere solebant; idque
+indicat titulus in veteribus scriptis.)</p>
+</div>
+<a name="Footnote_274"></a><a href="#FNanchor_274">[274]</a>
+<div class="note">
+<p> Codex, i, 3, 54 (56).</p>
+</div>
+<a name="Footnote_275"></a><a href="#FNanchor_275">[275]</a>
+<div class="note">
+<p> Codex, v, 4, 20, and 5, 18.</p>
+</div>
+<a name="Footnote_276"></a><a href="#FNanchor_276">[276]</a>
+<div class="note">
+<p> Codex, i, 9, 6.</p>
+</div>
+<a name="Footnote_277"></a><a href="#FNanchor_277">[277]</a>
+<div class="note">
+<p> Novellae, cix, 1.</p>
+</div>
+<a name="Footnote_278"></a><a href="#FNanchor_278">[278]</a>
+<div class="note">
+<p> Codex, v, 4, 23 and 28.</p>
+</div>
+<a name="Footnote_279"></a><a href="#FNanchor_279">[279]</a>
+<div class="note">
+<p> Codex, vi, 58, 14.</p>
+</div>
+<a name="Footnote_280"></a><a href="#FNanchor_280">[280]</a>
+<div class="note">
+<p> Codex, i, 5, 19.</p>
+</div>
+<a name="Footnote_281"></a><a href="#FNanchor_281">[281]</a>
+<div class="note">
+<p> Codex, v, 35, 2 and 3.</p>
+</div>
+<a name="Footnote_282"></a><a href="#FNanchor_282">[282]</a>
+<div class="note">
+<p> Codex, ii, 55, 6.</p>
+</div>
+<a name="Footnote_283"></a><a href="#FNanchor_283">[283]</a>
+<div class="note">
+<p> Codex, ix, 8, 5.</p>
+</div>
+<a name="Footnote_284"></a><a href="#FNanchor_284">[284]</a>
+<div class="note">
+<p> This law was evidently lasting, for it is quoted with approval
+by Pope Innocent III, in the year 1199&#8212;see Friedberg, <i>Corpus
+Iuris Canonici</i>, vol. ii, p. 782.</p>
+</div>
+<a name="Footnote_285"></a><a href="#FNanchor_285">[285]</a>
+<div class="note">
+<p> Codex, ix, 49, 10.</p>
+</div>
+<a name="Footnote_286"></a><a href="#FNanchor_286">[286]</a>
+<div class="note">
+<p> Codex, v, 16, 24.</p>
+</div>
+<a name="Footnote_287"></a><a href="#FNanchor_287">[287]</a>
+<div class="note">
+<p> For all these enactments see Codex, i, 3, 53 (54), and ix, 13.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_IV"></a>
+<h2><a name="Page_77"></a>CHAPTER IV</h2>
+<h2>WOMEN AMONG THE GERMANIC PEOPLES</h2>
+<p>A second world force had now come into its
+own. The new power was the Germanic
+peoples, those wandering tribes who, after shattering
+the Roman Empire, were destined to form
+the modern nations of Europe and to find in
+Christianity the religion most admirably adapted
+to fill their spiritual needs and shape their ideals.
+In the year 476 the barbarian Odoacer ascended
+the throne of the Caesars. He still pretended to
+govern by virtue of the authority delegated to him
+by Zeno, emperor at Constantinople; but the rupture
+between East and West was becoming final
+and after the reign of Justinian (527-565) it was
+practically complete. Henceforth the eastern
+empire had little or nothing to do with western
+Europe and subsisted as an independent monarchy
+until Constantinople was taken by the Turks in
+1453. I shall not concern myself with it any
+longer.</p>
+<p>In western Europe, then, new races with new
+ideals were forming the nations that to-day are
+England, Germany, France, Spain, Italy, and
+Austria. It is interesting to note what some of
+<a name="Page_78"></a>these barbarians thought about women and what
+place they assigned them.</p>
+<div class="sidenote"><br>
+Julius Caesar's account.</div>
+<p>Our earliest authorities on the subject are
+Julius Caesar and Tacitus. Caesar informs us<a name="FNanchor_288"></a><a
+ href="#Footnote_288"><sup>[288]</sup></a>
+that among the Gauls marriage was a
+well recognized institution. The husband
+contributed of his own goods the same
+amount that his wife brought by way of dowry;
+the combined property and its income were enjoyed
+on equal terms by husband and wife. If husband
+or wife died, all the property became the possession
+of the surviving partner. Yet the husband
+had full power of life and death over his wife as
+over his children; and if, upon the decease of a
+noble, there were suspicions regarding the manner
+of his death, his wife was put to inquisitorial
+torture and was burnt at the stake when adjudged
+guilty of murder. Among the Germans women
+seem to have been held in somewhat greater respect.
+German matrons were esteemed as prophetesses
+and no battle was entered upon unless they
+had first consulted the lots and given assurance
+that the fight would be successful.<a name="FNanchor_289"></a><a
+ href="#Footnote_289"><sup>[289]</sup></a> As for the
+British, who were not a Germanic people, Caesar
+says that they practiced polygamy and near
+relatives were accustomed to have wives in
+common.<a name="FNanchor_290"></a><a href="#Footnote_290"><sup>[290]</sup></a></p>
+<div class="sidenote"> The account of Tacitus.</div>
+<p>Tacitus wrote a century and a half after Julius
+<a name="Page_79"></a>Caesar when the tribes had become better known
+the Romans; hence we get from him more detailed
+information. From him we
+learn that both the Sitones&#8212;a people
+of northern Germany&#8212;and the British often bestowed
+the royal power on women, a circumstance
+which aroused the strong contempt of Tacitus,
+who was in this respect of a conservative mind.<a name="FNanchor_291"></a><a
+ href="#Footnote_291"><sup>[291]</sup></a>
+The Romans had, indeed, good reason to remember
+with sorrow the valiant Boadicea, queen of the
+Britons.<a name="FNanchor_292"></a><a href="#Footnote_292"><sup>[292]</sup></a>
+Regarding the Germans Tacitus wrote
+a whole book in which he idealises that nation as
+a contrast to the lax morality of civilised Rome,
+much as Rousseau in the eighteenth century
+extolled the virtues of savages in a state of nature.
+What Tacitus says in regard to lofty morals we
+shall do well to take with a pinch of salt; but
+we may with more safety trust his accuracy
+when he depicts national customs. From Tacitus
+we learn that the Germans believed something
+divine resided in women<a name="FNanchor_293"></a><a
+ href="#Footnote_293"><sup>[293]</sup></a>; hence their respect for
+them as prophetesses.<a name="FNanchor_294"></a><a href="#Footnote_294"><sup>[294]</sup></a>
+One Velaeda by her
+<a name="Page_80"></a>soothsaying ruled the tribe of Bructeri completely<a
+ name="FNanchor_295"></a><a href="#Footnote_295"><sup>[295]</sup></a>
+and was regarded as a goddess,<a name="FNanchor_296"></a><a
+ href="#Footnote_296"><sup>[296]</sup></a> as were many
+others.<a name="FNanchor_297"></a><a href="#Footnote_297"><sup>[297]</sup></a>
+The German warrior fought his best
+that he might protect and please his wife.<a name="FNanchor_298"></a><a
+ href="#Footnote_298"><sup>[298]</sup></a> The
+standard of conjugal fidelity was strict<a name="FNanchor_299"></a><a
+ href="#Footnote_299"><sup>[299]</sup></a>; men were
+content with one wife, although high nobles were
+sometimes allowed several wives as an increase
+to the family prestige.<a name="FNanchor_300"></a><a
+ href="#Footnote_300"><sup>[300]</sup></a> The dowry was brought
+not by the wife to the husband, but to the wife
+by the husband&#8212;evidently a survival of the
+custom of wife purchase; but the wife was accustomed
+to present her husband with arms and the
+accoutrements of war.<a name="FNanchor_301"></a><a href="#Footnote_301"><sup>[301]</sup></a>
+She was reminded that
+she took her husband for better and worse, to be
+a faithful partner in joy and sorrow until death.<a name="FNanchor_302"></a><a
+ href="#Footnote_302"><sup>[302]</sup></a>
+A woman guilty of adultery was shorn and her
+husband drove her naked through the village
+with blows.<a name="FNanchor_303"></a><a href="#Footnote_303"><sup>[303]</sup></a></p>
+<div class="sidenote"> The written laws of the barbarians.</div>
+<p>We see, then, that by no means all of these
+barbarian nations had the same standards in
+regard to women. Of written laws there were
+<a name="Page_81"></a>none as yet. But contact with the civilisation
+of Rome had its effect; and when Goths, Burgunindians,
+Franks, and Lombards had
+founded new states on the ruins of the
+western Roman Empire, the national
+laws of the Germanic tribes began to be collected
+and put into writing at the close of the fifth century.
+Between the fifth and the ninth centuries we
+get the Visigothic, Burgundian, Salic, Ripuarian,
+Alemannic, Lombardian, Bavarian, Frisian, Saxon,
+and Thuringian law books. They are written in
+medieval Latin and are not elaborated on a scientific
+basis. Three distinct influences are to be
+seen in them: <span style="font-weight: bold;">(1) </span>native race
+customs, ideals, and
+traditions; <span style="font-weight: bold;">(2)</span> Christianity; <span
+ style="font-weight: bold;">(3)</span> the Roman civil
+law, which was felt more or less in all, but especially
+in the case of the Visigoths; as was natural,
+since this people had been brought into closest
+touch with Rome. Inasmuch as the barbarians
+allowed all peoples conquered by them to be tried
+under their own laws, the old Roman civil law
+was still potent in all its strength in cases affecting
+a Roman. Let us endeavour to glean what we
+can from the barbarian codes on the matter of
+women's rights.</p>
+<div class="sidenote"><br>
+Guardianship.</div>
+<p>The woman was always to be under guardianship
+among the Germanic peoples and could never be
+independent under any conditions. Perhaps
+we should rather call the power
+(<i>mundium</i>) wielded by father, brother, husband, or
+other male relative a protectorate; for in those early
+<a name="Page_82"></a>days among rude peoples any legal action might
+involve fighting to prove the merits of one's case,
+and the woman would therefore constantly need a
+champion to assert her rights in the lists. Thus the
+woman was under the perpetual guardianship of a
+male relative and must do nothing without his consent,
+under penalty of losing her property.<a name="FNanchor_304"></a><a
+ href="#Footnote_304"><sup>[304]</sup></a> Her
+guardian arranged her marriage for her as he
+wished, provided only that he chose a free man
+for her husband<a name="FNanchor_305"></a><a href="#Footnote_305"><sup>[305]</sup></a>;
+if the woman, whether
+virgin
+or widow, married without his consent, she lost
+all power to inherit the goods of her relatives<a name="FNanchor_306"></a><a
+ href="#Footnote_306"><sup>[306]</sup></a>;
+and her husband was forced to pay to her kin a
+recompense amounting to 600 <i>solidi</i> among the
+Saxons, 186 among the Burgundians.<a name="FNanchor_307"></a><a
+ href="#Footnote_307"><sup>[307]</sup></a></p>
+<div class="sidenote"><br>
+Marriage.</div>
+<p><a name="Page_83"></a>The feeling of caste was very strong; a woman
+must not marry below her station.<a name="FNanchor_308"></a><a
+ href="#Footnote_308"><sup>[308]</sup></a> By a law
+of the Visigoths she who tried to marry
+her own slave was to be burned alive<a name="FNanchor_309"></a><a
+ href="#Footnote_309"><sup>[309]</sup></a>;
+if she attempted it with another's bondman, she
+merited one hundred lashes.<a name="FNanchor_310"></a><a
+ href="#Footnote_310"><sup>[310]</sup></a> The dowry was a
+fixed institution as among the Romans; but the
+bridegroom regularly paid a large sum to the father
+or guardian of the woman. This <i>wittemon</i> was
+regarded as the price paid for the parental authority
+(<i>mundium</i>) and amounted among the
+Saxons to 300 <i>solidi</i>.<a name="FNanchor_311"></a><a
+ href="#Footnote_311"><sup>[311]</sup></a> As a matter of fact this
+custom practically amounted to the intended
+husband giving the dowry to his future wife. The
+husband was also allowed to present his wife with
+a donation (<i>morgengabe</i>) on the morning after the
+<a name="Page_84"></a>wedding; the amount was limited by King Liutprand
+to not more than one fourth of all his goods.<a name="FNanchor_312"></a><a
+ href="#Footnote_312"><sup>[312]</sup></a>
+Breaking an engagement after the solemn betrothal
+had been entered into was a serious
+business. The Visigoths refused to allow one party
+to break an engagement without the consent of
+the other; and if a woman, being already engaged,
+went over to another man without her parent's
+or fianc&eacute;'s leave, both she and the man who took
+her were handed over as slaves to the original
+fianc&eacute;.<a name="FNanchor_313"></a><a href="#Footnote_313"><sup>[313]</sup></a>
+The other barbarians were content to
+inflict a money fine for breach of promise.<a name="FNanchor_314"></a><a
+ href="#Footnote_314"><sup>[314]</sup></a></p>
+<div class="sidenote"><br>
+Power of the husband.</div>
+<p>The woman on marrying passed into the power
+of her husband "according to the Sacred Scriptures,"
+and the husband thereupon acquired
+the lordship of all her property.<a name="FNanchor_315"></a><a
+ href="#Footnote_315"><sup>[315]</sup></a>
+The law still protected the wife in some ways.
+The Visigoths gave the father the right of demanding
+and preserving for his daughter her dowry.<a name="FNanchor_316"></a><a
+ href="#Footnote_316"><sup>[316]</sup></a>
+The Ripuarians ordained that whatever the hus<a name="Page_85"></a>band
+had given his wife by written agreement
+must remain inviolate.<a name="FNanchor_317"></a><a href="#Footnote_317"><sup>[317]</sup></a>
+King Liutprand made
+the presence of two or three of the woman's male
+relatives necessary at any sale involving her goods,
+to see to it that her consent to the sale had not
+been forced.<a name="FNanchor_318"></a><a href="#Footnote_318"><sup>[318]</sup></a></p>
+<div class="sidenote"><br>
+Divorce.</div>
+<p>On the subject of divorce the regulations of the
+several peoples are various; but the commands of
+the New Testament are alike strongly felt
+in all; and we may expect to find divorce
+limited by severe restrictions.<a name="FNanchor_319"></a><a
+ href="#Footnote_319"><sup>[319]</sup></a> The Burgundians
+allowed it only for adultery or grave crimes, such
+as violating tombs. If a wife presumed to dismiss
+her husband for any other cause, she was put to
+death (<i>necetur in luto</i>); to a husband who sent his
+wife a divorce without these specific reasons existing
+the law was more indulgent, allowing him to
+preserve his life by paying to his injured wife twice
+the amount that he had originally given her
+parents for her, and twelve <i>solidi</i> in addition; and
+in case he attempted to prove her guilty of one of
+the charges mentioned above and she was adjudged
+innocent, he forfeited all his goods to her
+and was forced to leave his home.<a name="FNanchor_320"></a><a
+ href="#Footnote_320"><sup>[320]</sup></a> The Visigoths
+<a name="Page_86"></a>were equally strict; the husband who dismissed
+his
+wife on insufficient legal grounds lost all power
+over her and must return all her goods; his own
+must be preserved for the children; if there were
+none, the wife acquired his property. A woman
+who married a divorced man while his first wife
+was living, was condemned for adultery and
+accordingly handed over to the first wife to be
+disposed of as the latter wished; exile, stripes, and
+slavery were the lot of a man who took another
+wife while his first partner was still alive.<a name="FNanchor_321"></a><a
+ href="#Footnote_321"><sup>[321]</sup></a> The
+Alemanni and the Bavarians, who were more
+remote from Italy and hence from the Church,
+were influenced more by their own customs and
+allowed a pecuniary recompense to take the place
+of the harsher enactments.<a name="FNanchor_322"></a><a
+ href="#Footnote_322"><sup>[322]</sup></a></p>
+<div class="sidenote"> Adultery.</div>
+<p>Adultery was not only a legal cause for divorce,
+but also a grave crime. All the barbarian peoples
+are agreed in so regarding it, but their
+penalties vary according as they were
+more or less affected by proximity to Italy, where
+the power of the Church was naturally strongest.
+The Ripuarians, the Bavarians, and the Alemanni
+preferred a money fine ranging from fifty to two
+hundred <i>solidi</i>.<a name="FNanchor_323"></a><a
+ href="#Footnote_323"><sup>[323]</sup></a> Among the Visigoths the
+guilty
+party was usually bound over in servitude to the
+injured person to be disposed of as the latter
+<a name="Page_87"></a>wished.<a name="FNanchor_324"></a><a
+ href="#Footnote_324"><sup>[324]</sup></a> Sometimes the law was
+harsher to
+women than to men; thus, according to a decree
+of Liutprand,<a name="FNanchor_325"></a><a href="#Footnote_325"><sup>[325]</sup></a>
+a husband who told his wife to
+commit adultery or who did so himself paid a
+mulct of fifty <i>solidi</i> to the wife's male relatives;
+but if the wife consented to or hid the deed, she
+was put to death. The laws all agree that the
+killing of adulterers taken in the act could not be
+regarded as murder.</p>
+<div class="sidenote"> The Church indulgent toward kings.</div>
+<p>It is always to be remembered that although the
+statutes were severe enough, yet during this period,
+as indeed throughout all history, they
+were defied with impunity. Charlemagne,
+for example, the most Christian
+monarch, had a large number of concubines and
+divorced a wife who did not please him; yet his
+biographer Einhard, pious monk as he was, has no
+word of censure for his monarch's irregularities<a name="FNanchor_326"></a><a
+ href="#Footnote_326"><sup>[326]</sup></a>;
+and policy prevented the Church from thundering
+at a king who so valiantly crushed the heretics, her
+enemies. Bishop Gregory of Tours tells us without
+a hint of being shocked that Clothacharius,
+King of the Franks, had many concubines.<a name="FNanchor_327"></a><a
+ href="#Footnote_327"><sup>[327]</sup></a> Con<a name="Page_88"></a>cubinage
+was, in fact, the regular thing.<a name="FNanchor_328"></a><a
+ href="#Footnote_328"><sup>[328]</sup></a> But
+neither in that age, nor later in the case of Louis
+XIV, nor in our own day in the case of Leopold of
+Belgium has the Church had a word of reproach
+for monarchs who broke with impunity moral laws
+on which she claims always to have insisted without
+compromise.</p>
+<div class="sidenote"> Remarriage.</div>
+<p>In accordance with the commands of Scripture
+neither the divorced man nor the divorced woman
+could marry again during the lifetime
+of the other party. To do so was to
+commit adultery, for which the usual penalties
+went into effect.</p>
+<div class="sidenote"> Property rights and powers.</div>
+<p>A woman's property would consist of any or
+all of these:</p>
+<p><span style="font-weight: bold;">I.</span> Her share of the property
+of
+parents or brothers and sisters.</p>
+<p><span style="font-weight: bold;">II.</span> Her dowry and whatever
+nuptial donations
+(<i>morgengabe</i>) her husband had given her,
+and whatever she had earned together with her
+husband.</p>
+<p>There could be no account of single women's
+property or disposal of what they earned, because
+in the half-civilised state of things which then
+obtained there was no such thing as women
+engaging in business; indeed, not even men of any
+pretension did so; war was their work. The
+unmarried woman was content to sit by the fire
+<a name="Page_89"></a>and spin under the guardianship and support of a
+male relative. Often she would enter a convent.</p>
+<p>I shall first discuss the laws of inheritance as
+affecting women, in order to note what property
+she was allowed to acquire. In this connection
+it is well to bear in mind a difference between
+Roman and Germanic law. The former viewed
+an inheritance as consisting always of a totality
+of all goods, whether of money, land, movables,
+cattle, dress, or what not. But among the
+Germanic peoples land, money, ornaments, and the
+like were regarded as so many distinct articles of
+inheritance, to some of which women might have
+legal claims of succession, but not necessarily to
+all. This is most emphatically shown in the case
+of land. Of all the barbarian peoples, the Ripuarians
+alone allowed women the right to succeed
+to land.<a name="FNanchor_329"></a><a href="#Footnote_329"><sup>[329]</sup></a>
+Among other nations a daughter or
+sister or mother, whoever happened to be the
+nearest heir, would get the money, slaves, etc.,
+but the nearest <i>male</i> kin would get the land.<a
+ name="FNanchor_330"></a><a href="#Footnote_330"><sup>[330]</sup></a>
+Only if male kin were lacking to the fifth degree&#8212;an improbable
+contingency&#8212;did alodial inheritance "pass from the lance
+to the spindle."<a name="FNanchor_331"></a><a href="#Footnote_331"><sup>[331]</sup></a>
+<a name="Page_90"></a>In respect to all other things a daughter was
+co-heir
+with a son to the estate of a father or mother.
+According to the Salic and </p>
+<p>Ripuarian law this
+would be one order of succession<a name="FNanchor_332"></a><a
+ href="#Footnote_332"><sup>[332]</sup></a>:</p>
+<br>
+<table summary="" border="0" style="width: 100%;" cellpadding="2" cellspacing="2">
+  <tbody>
+    <tr>
+      <td style="text-align: right;"><span style="margin-left: 1.5em;">I.</span></td>
+      <td> Children of the deceased.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right;"><span style="margin-left: 1em;">II.</span></td>
+      <td> These failing, surviving mother or
+father of deceased.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right;"><span style="margin-left: 0.5em;">III.</span></td>
+      <td> These failing, brother or sister
+of deceased.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right;"><span style="margin-left: 1em;">IV.</span></td>
+      <td> These failing, sister of mother of
+deceased.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right;"><span style="margin-left: 1.5em;">V.</span></td>
+      <td> These failing, sister of father of
+deceased.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right;"><span style="margin-left: 1em;">VI.</span></td>
+      <td> These failing, male relatives on
+father's side.</td>
+    </tr>
+  </tbody>
+</table>
+<p>It will be observed that in such a succession these
+laws are more partial to women relatives than the
+Roman law; an aunt, for example, is called before
+an uncle. An uncle would certainly exclude an
+aunt under the Roman law; but most of the
+Germanic codes allowed them an equal succession.<a name="FNanchor_333"></a><a
+ href="#Footnote_333"><sup>[333]</sup></a>
+Nevertheless, when women did inherit under
+the former, they acquired the land also. Moreover,
+the woman among the Germanic nations
+must always be under guardianship; and whereas
+under the Empire the power of the guardian was
+in practice reduced to nullity, as I have shown,
+among the barbarians it was extremely powerful,
+because to assert one's rights often involved
+fighting in the lists to determine the judgment
+<a name="Page_91"></a>of God. It was a settled conviction among the
+Germanic peoples that God would give the victory
+to the rightful claimant. As women could not
+fight, a champion or guardian was a necessity.
+This was not true in Roman courts, which preferred
+to settle litigation by juristic reasoning and believed,
+like Napoleon, that God, when appealed to
+in a fight, was generally on the side of the party
+who had the better artillery.</p>
+<p>Children inherited not only the estate but also
+the friendships and enmities of their fathers, which
+it was their duty to take up. Hereditary feuds
+were a usual thing.<a name="FNanchor_334"></a><a href="#Footnote_334"><sup>[334]</sup></a>
+King Liutprand ordaine<a name="FNanchor_335"></a><a href="#Footnote_335"><sup>[335]</sup></a>
+however, that if a daughter alone survived, the
+feud was to be brought to an end and an agreement
+effected.</p>
+<p>Some of the nations seem to have provided
+that children must not be disinherited except for
+very strong reasons; for example, the law of the
+Visigoths<a name="FNanchor_336"></a><a href="#Footnote_336"><sup>[336]</sup></a>
+forbids more than one third of their
+estate being alienated by mother or father,
+grandmother or grandfather. The Alemanni permitted
+a free man to leave all his property to the
+Church and his heirs had no redress<a name="FNanchor_337"></a><a
+ href="#Footnote_337"><sup>[337]</sup></a>; but the
+Bavarians compelled him before entering monastic
+life to distribute among his children their proportionate
+parts.<a name="FNanchor_338"></a><a href="#Footnote_338"><sup>[338]</sup></a></p>
+<div class="sidenote"> Property of the married woman.</div>
+<p><a name="Page_92"></a>We may pass now to the property rights of the
+married woman. The relation of her husband
+to the dowry I have already explained.
+The dowry was conceived as being
+ultimately for the children; only when
+there were no children, grandchildren, or great-grandchildren
+did the woman have licence to dispose
+of the dowry as she wished: this was the law
+among the Visigoths.<a name="FNanchor_339"></a><a href="#Footnote_339"><sup>[339]</sup></a>
+The dowry, then, was
+to revert to the children or grandchildren at the
+death of the wife; if there were none such, to the
+parents or relatives who had given her in marriage;
+these failing, it escheated to the Crown&#8212;so
+according to Rotharis.<a name="FNanchor_340"></a><a href="#Footnote_340"><sup>[340]</sup></a>
+By the laws of the
+Visigoths<a name="FNanchor_341"></a><a href="#Footnote_341"><sup>[341]</sup></a>
+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.<a name="FNanchor_342"></a><a
+ href="#Footnote_342"><sup>[342]</sup></a>
+<a name="Page_93"></a>When the husband died, his estate did not go to
+wife, but to his children or other relatives.<a name="FNanchor_343"></a><a
+ href="#Footnote_343"><sup>[343]</sup></a>
+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.<a name="FNanchor_344"></a><a href="#Footnote_344"><sup>[344]</sup></a>
+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.<a name="FNanchor_345"></a><a href="#Footnote_345"><sup>[345]</sup></a>
+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.<a name="FNanchor_346"></a><a href="#Footnote_346"><sup>[346]</sup></a>
+The Bavarians, too, under the same
+conditions allowed her one half of her husband's
+goods<a name="FNanchor_347"></a><a href="#Footnote_347"><sup>[347]</sup></a>
+and even if there was issue, granted her
+the right to the interest of as much as one child
+received.<a name="FNanchor_348"></a><a href="#Footnote_348"><sup>[348]</sup></a></p>
+<p>A widow who married again lost the privilege
+<a name="Page_94"></a>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.<a name="FNanchor_349"></a><a
+ href="#Footnote_349"><sup>[349]</sup></a>
+When there was no issue of the first marriage
+then the dowry and nuptial donations could
+usually follow her to a second union.</p>
+<div class="sidenote"> Criminal law pertaining to women.</div>
+<p>Criminal law among these half civilised
+nations could not but be a crude affair. Their
+civilisation was in a state of flux, and
+immediate practical convenience was
+the only guide. They were content to
+fix the penalties for such outrages as murder, rape,
+insult, assault, and the like in money; the Visigoths
+alone were more stringent in a case of rape,
+adding 200 lashes and slavery to the ravisher of
+a free woman who had accomplished his purpose.<a name="FNanchor_350"></a><a
+ href="#Footnote_350"><sup>[350]</sup></a>
+Some enactments which may well strike us as
+peculiar deserve notice. For example, among the
+Saxons the theft of a horse or an ox or anything
+worth three <i>solidi</i> merited death; but murder
+was atoned for by pecuniary damages.<a name="FNanchor_351"></a><a
+ href="#Footnote_351"><sup>[351]</sup></a> Among
+<a name="Page_95"></a>the Burgundians, if a man stole horses or cattle
+and his wife did not at once disclose the deed,
+she and her children who were over fourteen were
+bound over in slavery to the outraged party "because
+it hath often been ascertained, that these
+women are the confederates of their husbands in
+crime."<a name="FNanchor_352"></a><a href="#Footnote_352"><sup>[352]</sup></a></p>
+<p>The most minute regulations prevailed on the
+subject of injury to women. Under the Salic law<a name="FNanchor_353"></a><a
+ href="#Footnote_353"><sup>[353]</sup></a>
+for instance, if a free man struck a free women on
+the fingers or hand, he had to pay fifteen <i>solidi</i>;
+if he struck her arm, thirty <i>solidi</i>; if above her
+elbow, thirty-five <i>solidi</i>; if he hit her breast, forty-five
+<i>solidi</i>. The penalties for murdering a free
+woman were also elaborated on the basis of her
+value to the state as a bearer of children. By the
+same Salic law<a name="FNanchor_354"></a><a href="#Footnote_354"><sup>[354]</sup></a>
+injury to a pregnant woman
+resulting in her death merited a fine of seven
+hundred <i>solidi</i>; but two hundred was deemed
+sufficient for murder of one after her time
+for bearing children had passed. Similarly, for
+killing a free woman after she had begun to
+have children the transgressor paid six hundred
+<i>solidi</i>; but for murdering an unmarried freeborn
+girl only two hundred. The murder
+of a free woman was punished usually by a fine
+<a name="Page_96"></a>(<i>wergeld</i>) equal to twice the amount
+demanded
+for a free man "because," as the law of the Bavarians
+has it,<a name="FNanchor_355"></a><a href="#Footnote_355"><sup>[355]</sup></a>
+"a woman can not defend herself
+with arms. But if, in the boldness of her heart
+(per audaciam cordis sui), she shall have resisted
+and fought like a man, there shall not be a double
+penalty, but only the recompense usual for a man
+[160 <span style="font-style: italic;">solidi</span>]." Fines were not
+paid to the state,
+but to the injuried parties or, if these did not
+survive, to the nearest kin. If the fine could not
+be paid, then might death be meted to the guilty.<a name="FNanchor_356"></a><a
+ href="#Footnote_356"><sup>[356]</sup></a></p>
+<p>Another peculiar feature of the Germanic law
+was the appeal to God to decide a moot point by
+various ordeals. For example, by the laws of the
+Angles and Werini, if a woman was accused of
+murdering her husband, she would ask a male
+relative to assert her innocence by a solemn oath<a name="FNanchor_357"></a><a
+ href="#Footnote_357"><sup>[357]</sup></a>
+or, if necessary, by fighting for her as her champion
+in the lists. God was supposed to give the victory
+to the champion who defended an innocent party.
+<a name="Page_97"></a>If she could find no champion, she was permitted
+to
+walk barefoot over nine red-hot ploughshares<a name="FNanchor_358"></a><a
+ href="#Footnote_358"><sup>[358]</sup></a>;
+and if she was innocent, God would not, of course,
+allow her to suffer any injury in the act.</p>
+<div class="sidenote"> Women in slavery.</div>
+<p>Perhaps a word on the status of women in
+slavery among the Germanic nations will not be
+out of place. The new nations looked
+upon a slave as a chattel, much as the
+Romans did. If a wrong was done a slave woman,
+her master received a recompense from the
+aggressor, but she did not, for to hold property
+was denied her. But we may well believe that the
+great value which the Church put on chastity
+and conjugal fidelity rendered the slave woman
+less exposed to the brutal passions of her lord
+than had been the case under the Empire. Thus,
+by a law of King Liutprand, a master who committed
+adultery with the wife of a slave was
+compelled to free both<a name="FNanchor_359"></a><a href="#Footnote_359"><sup>[359]</sup></a>;
+and the Visigot<a name="FNanchor_360"></a><a href="#Footnote_360"><sup>[360]</sup></a>
+inflicted
+fifty lashes and a fine of twenty <i>solidi</i> upon
+the man who used violence to another man's slave
+woman.</p>
+<p>On comparing the position of women under
+Roman law and under the Germanic nations, as
+we have observed them thus far, we should note
+first of all that under the latter women benefited
+chiefly by the insistence of the Church on the value
+<a name="Page_98"></a>of chastity in both sexes. That in those days the
+passions of men were difficult to restrain in practice
+does not invalidate the real service done the
+world by the ideal that was insisted upon,<a name="FNanchor_361"></a><a
+ href="#Footnote_361"><sup>[361]</sup></a> an
+ideal which was certainly not held in pagan
+antiquity except by a few great minds. Although
+the social position of woman was thus improved,
+the character of the age and the sentiments of the
+Bible which I have already quoted made her status
+far inferior to her condition under Roman law so
+far as her legal rights were concerned. In a
+period<a name="FNanchor_362"></a><a href="#Footnote_362"><sup>[362]</sup></a>
+when the assertion of one's rights constantly
+demanded fighting, the woman was forced
+to rely on the male to champion her; the Church,
+in accordance with the dicta of the Apostles, encouraged
+and indeed commanded her to confine
+herself to the duties of the household, to leave legal
+matters to men, and to be guided by their advice;
+and thus she was prevented from asserting herself
+out of regard for the strong public opinion on the
+subject, which was quite alien to the sentiments
+of the old Roman law. Henceforward also we
+are to have law based on old customs and <i>theology</i>,<a
+ name="FNanchor_363"></a><a href="#Footnote_363"><sup>[363]</sup></a>
+not on practical convenience or scientific reasoning.<br>
+<br>
+</p>
+<h4 style="text-align: left;"><a name="Page_99"></a>SOURCES</h4>
+<p>I. Corpus Iuris Germanici Antiqui: edidit Ferd. Walter.
+Berolini&#8212;impensis G. Reimeri, 1824. 3 vols.</p>
+<p>II. C. Iulii Caesaris Commentarii de Bello Gallico: recognovit
+Geo. Long. Novi Eboraci apud Harperos Fratres. 1883</p>
+<p>III. Cornelii Taciti libri qui supersunt: quartum recognovit
+Carolus Halm. Lipsiae (Teubner), 1901.</p>
+<p>IV. Sancti Georgii Florentii Gregorii, Episcopi Turonensis,
+Historiae Ecclesiasticae Francorum libri decem: edidit J.
+Guadet et N.R. Taranne. Parisiis, apud Julium Renouard et
+Socios, 1838.</p>
+<p>V. Iordanis de Origine Actibusque Getorum: edidit Alfred
+Holder. Freiburg und Tubingen; Verlagsbuchhandlung von J.
+C.B. Mohr.</p>
+<p>VI. Widukindi Rerum Gestarum Saxonicarum libri tres.
+Accedit libellus de Origine Gentis Suevorum. Editio quarta:
+post Georgium Waitz recognovit Karolus A. Kehr. Hannoverae
+et Lipsiae Impensis Bibliopolii Hahniani, 1904.</p>
+<p>VII. Procopii Caesariensis opera omnia: recognovit Jacobus
+Haury. Lipsiae. (Teubner). 1905.</p>
+<p>VIII. Einhardi Vita Karoli Magni. Editio quinta. Post
+G.H. Perte recensuit G. Waitz. Hannoverae et Lipsiae, 1905.</p>
+<p>IX. Pauli Historia Langobardorum: edidit Georg Waitz.
+Hannoverae, impensis Bibliopolii Hahniani, 1878.<br>
+<br>
+</p>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_288"></a><a href="#FNanchor_288">[288]</a>
+<div class="note">
+<p> <i>de Bell. Gall</i>., vi, 19.</p>
+</div>
+<a name="Footnote_289"></a><a href="#FNanchor_289">[289]</a>
+<div class="note">
+<p> Id., i, 50.</p>
+</div>
+<a name="Footnote_290"></a><a href="#FNanchor_290">[290]</a>
+<div class="note">
+<p> Id., v, 14.</p>
+</div>
+<a name="Footnote_291"></a><a href="#FNanchor_291">[291]</a>
+<div class="note">
+<p> <i>Agricola</i>, 16. <i>Germania</i>, 45: Suionibus Sitonum
+gentes
+continuantur. Cetera similes, uno differunt, quod femina dominatur;
+in tantum non modo a libertate, sed etiam a servitute degenerant.
+No woman ever reigned alone as queen of the Roman
+Empire until 450 A.D., when Pulcheria, sister of Theodosius II,
+ascended the throne of the East; but she soon took the senator
+Marcian in marriage and made him king.</p>
+</div>
+<a name="Footnote_292"></a><a href="#FNanchor_292">[292]</a>
+<div class="note">
+<p> <i>Agricola</i>, 16.</p>
+</div>
+<a name="Footnote_293"></a><a href="#FNanchor_293">[293]</a>
+<div class="note">
+<p> <i>Germania</i>, 8.</p>
+</div>
+<a name="Footnote_294"></a><a href="#FNanchor_294">[294]</a>
+<div class="note"> Procopius, <i>de bello Vandalico</i>, ii, 8,
+observes the same thing
+among the Maurousians, or Moors, <br>
+in northern Africa:
+<div
+ title="andra gar manteuesthai en t&ocirc; ethnei tout&ocirc; ou themis, alla gunaikes sphisi katochoi hek d&ecirc; tinos
+ierourgias ginomenai prolegousi ta esomena, t&ocirc;n palai chr&ecirc;st&ecirc;ri&ocirc;n
+oudenos &ecirc;sson.">&#913;&#957;&#948;&#961;&#945;
+&#947;&#945;&#961; &#956;&#945;&#957;&#964;&#949;&#965;&#949;&#963;&#952;&#945;&#953; &#949;&#957; &#964;&#969; &#949;&#952;&#957;&#949;&#953; &#964;&#959;&#965;&#964;&#969; &#959;&#965; &#952;&#949;&#956;&#953;&#962;
+, &#945;&#955;&#955;&#945; &#947;&#965;&#957;&#945;&#953;&#954;&#949;&#962; &#963;&#966;&#953;&#963;&#953; &#954;&#945;&#964;&#959;&#967;&#959;&#953; <br>
+h&#949;&#954; &#948;&#951; &#964;&#953;&#957;&#959;&#962; &#953;&#949;&#961;&#959;&#965;&#961;&#947;&#953;&#945;&#963; &#947;&#953;&#957;&#959;&#956;&#949;&#957;&#945;&#953;
+&#960;&#961;&#959;&#955;&#949;&#947;&#959;&#965;&#963;&#953; &#964;&#945; &#949;&#963;&#959;&#956;&#949;&#957;&#945;,
+&#964;&#969;&#957; &#960;&#945;&#955;&#945;&#953;
+&#967;&#961;&#951;&#963;&#964;&#951;&#961;&#953;&#969;&#957; &#959;&#965;&#948;&#949;&#957;&#959;&#962; &#951;&#963;&#963;&#959;&#957;.</div>
+</div>
+<a name="Footnote_295"></a><a href="#FNanchor_295">[295]</a>
+<div class="note">
+<p> Tacitus, <i>Hist</i>., iv, 61, and v, 24.</p>
+</div>
+<a name="Footnote_296"></a><a href="#FNanchor_296">[296]</a><a
+ href="#FNanchor_296"></a>
+<div class="note">
+<p> Id., <i>Germania</i>, 8.</p>
+</div>
+<a name="Footnote_297"></a><a href="#FNanchor_297">[297]</a>
+<div class="note">
+<p> Ibid., 8.</p>
+</div>
+<a name="Footnote_298"></a><a href="#FNanchor_298">[298]</a>
+<div class="note">
+<p> Ibid., 7.</p>
+</div>
+<a name="Footnote_299"></a><a href="#FNanchor_299">[299]</a>
+<div class="note">
+<p> Ibid., 17.</p>
+</div>
+<a name="Footnote_300"></a><a href="#FNanchor_300">[300]</a>
+<div class="note">
+<p> Ibid.</p>
+</div>
+<a name="Footnote_301"></a><a href="#FNanchor_301">[301]</a>
+<div class="note">
+<p> Ibid., 18.</p>
+</div>
+<a name="Footnote_302"></a><a href="#FNanchor_302">[302]</a>
+<div class="note">
+<p> Ibid., 18 and 19.</p>
+</div>
+<a name="Footnote_303"></a><a href="#FNanchor_303">[303]</a>
+<div class="note">
+<p> Ibid., 19.</p>
+</div>
+<a name="Footnote_304"></a><a href="#FNanchor_304">[304]</a>
+<div class="note">
+<p> Liutprand, i, 5: Si filiae aut sorores contra voluntatem patris
+aut fratris egerint, potestatem habet pater aut frater iudicandi
+res suas quomodo aut qualiter voluerit.</p>
+</div>
+<a name="Footnote_305"></a><a href="#FNanchor_305">[305]</a>
+<div class="note">
+<p> Leges Liutprandi, vi, 119: si quis filiam suam aut sororem
+alii sponsare voluerit, habeat potestatem dandi cui voluerit,
+libero tamen homini. Lex Wisigothorum, iii, 1, 7 and 8.</p>
+</div>
+<a name="Footnote_306"></a><a href="#FNanchor_306">[306]</a>
+<div class="note">
+<p> Leges Liutprandi, vi, 119. Lex Angliorum et Werinorum,
+x, 2: si libera femina sine voluntate patris aut tutoris cuilibet
+nupserit, perdat omnem substantiam quam habuit vel habere
+debuit. Reply of a bishop quoted by Gregory of Tours, 9, 33:
+quia sine consilio parentum eam coniugio copulasti, non erit
+uxor tua. But the law of the Visigoths (iii, i, 8, and 2,8) merely
+deprived her of succession to the estate of her parents.</p>
+</div>
+<a name="Footnote_307"></a><a href="#FNanchor_307">[307]</a>
+<div class="note">
+<p> Lex Saxonum, vi, 2: Si autem sine voluntate parentum, puella
+tamen consentiente, ducta fuerit (uxorem ducturus) bis ccc
+solidos parentibus eius componat. Lex Burgundionum: <i>Add</i>.,
+14. cf. Edictum Rotharis, 188: si puella libera aut vidua sine
+voluntate parentum ad maritum ambulaverit, liberum tamen,
+tunc maritus, qui eam acceperit uxorem, componat pro anagrip
+solidos XX et propter faidam alios XX.</p>
+</div>
+<a name="Footnote_308"></a><a href="#FNanchor_308">[308]</a>
+<div class="note">
+<p> By a law of the Alemanni (<i>Tit</i>., 57), if two sisters were
+heiresses
+to a father's estate and one married a vassal (<i>colonus</i>) of the
+King
+or Church and the other became the wife of a free man equal
+to her in rank, the latter only was allowed to hold her father's
+land, although the rest of the goods were divided equally.</p>
+</div>
+<a name="Footnote_309"></a><a href="#FNanchor_309">[309]</a>
+<div class="note">
+<p> Lex Wisigothorum, iii, 2, 2.</p>
+</div>
+<a name="Footnote_310"></a><a href="#FNanchor_310">[310]</a>
+<div class="note">
+<p> Ibid., iii, 2, 3.</p>
+</div>
+<a name="Footnote_311"></a><a href="#FNanchor_311">[311]</a>
+<div class="note">
+<p> Lex Saxonum, vi, I: uxorem ducturus CCC solidos det parentibus
+eius. See also the lex Burgundionum, 66, I and 2 and 3.
+In the case of a widow who married again the gift of the husband
+was called <i>reiphe</i> or <i>reippus</i> and very solemn ceremonies
+belonged to the giving of it according to the Salic law, <i>Tit</i>.,
+47: si, ut fieri adsolet, homo moriens viduam dimiserit et cam
+quis in coniugium voluerit accipere, antequam eam accipiat
+Tunginus aut Centenarius Mallum indicent, et in ipso Mallo
+scutum habere debet, et tres homines vel caussas mandare. Et
+tunc ille, qui viduam accipere vult, cum tribus testibus qui
+adprobare debent, tres solidos aeque pensantes, et denarium
+habere debet, etc.</p>
+</div>
+<a name="Footnote_312"></a><a href="#FNanchor_312">[312]</a>
+<div class="note">
+<p> Leges Liutprandi, ii, 1.</p>
+</div>
+<a name="Footnote_313"></a><a href="#FNanchor_313">[313]</a>
+<div class="note">
+<p> Lex Wisigothorum, iii, 1, 2 and 3, and iii, 6, 3.</p>
+</div>
+<a name="Footnote_314"></a><a href="#FNanchor_314">[314]</a>
+<div class="note">
+<p> E.g., 62 <i>solidi</i> by the Salic law, <i>Tit</i>., 70. See
+also Lex
+Baiuvariorum, <i>Tit</i>., vii, 15 and 16 and 17. Lex Alemannorum,
+52, i; 53; 54.</p>
+</div>
+<a name="Footnote_315"></a><a href="#FNanchor_315">[315]</a>
+<div class="note">
+<p> Lex Burgundionum, <i>Add. primum</i>, xiii: quaecumque mulier
+Burgundia vel Romana voluntate sua ad maritum ambulaverit,
+iubemus ut maritus ipse de facultate ipsius mulieris, sicut in
+eam habet potestatem, ita et de rebus suis habeat.
+</p>
+<p>Lex Wisigothorum, iv, 2, 15: Vir qui uxorem suam secundum
+sacram scripturam habet in potestate, similiter et in servis suis
+potestatem habebit, et omnia quae cum servis uxoris suae vel
+suis in expeditione acquisivit, in sua potestate permaneant.</p>
+</div>
+<a name="Footnote_316"></a><a href="#FNanchor_316">[316]</a>
+<div class="note">
+<p> Lex Wisigothorum, iii, Tit. i, 6.</p>
+</div>
+<a name="Footnote_317"></a><a href="#FNanchor_317">[317]</a>
+<div class="note">
+<p> Lex Ripuariorum, 37, 1.</p>
+</div>
+<a name="Footnote_318"></a><a href="#FNanchor_318">[318]</a>
+<div class="note">
+<p> Leges Liutprandi, iv, 4.</p>
+</div>
+<a name="Footnote_319"></a><a href="#FNanchor_319">[319]</a>
+<div class="note">
+<p> That is, for the common people. Kings have always had a
+little way of doing as they pleased. See the anecdote of King
+Cusupald in Paulus' <i>Hist. Langobard</i>, i, 21: secunda autem (sc.
+filia Wacchonis) dicta est Walderada, quae sociata est Cusupald,
+alio regi Francorum, quam ipse odio habens uni ex suis, qui
+dicebatur Garipald, in coniugium tradidit.</p>
+</div>
+<a name="Footnote_320"></a><a href="#FNanchor_320">[320]</a>
+<div class="note">
+<p> For all this see Lex Burgundionum, 34, 1-4.</p>
+</div>
+<a name="Footnote_321"></a><a href="#FNanchor_321">[321]</a>
+<div class="note">
+<p> For all these, see Lex Wisigothorum, iii, 6, 1 and 2.</p>
+</div>
+<a name="Footnote_322"></a><a href="#FNanchor_322">[322]</a>
+<div class="note">
+<p> Capitula Addita ad Legem Alemannorum, 30. Lex Baiuvariorum,
+vii, 14.</p>
+</div>
+<a name="Footnote_323"></a><a href="#FNanchor_323">[323]</a>
+<div class="note">
+<p> Lex Ripuariorum, <i>Tit</i>., 35. Lex Baiuvariorum, vii. Lex
+Alemannorum, 51, 1.</p>
+</div>
+<a name="Footnote_324"></a><a href="#FNanchor_324">[324]</a>
+<div class="note">
+<p> Lex Wisigothorum, iii, 6, 1 and 2, and iii, 4, 1.</p>
+</div>
+<a name="Footnote_325"></a><a href="#FNanchor_325">[325]</a>
+<div class="note">
+<p> Leges Liutprandi, vi, 130.</p>
+</div>
+<a name="Footnote_326"></a><a href="#FNanchor_326">[326]</a>
+<div class="note">
+<p> Einhard, <i>Vita Kar. Mag</i>., 17: Deinde cum matris hortatu
+filiam Desiderii regis Langobardorum duxisset uxorem, incertum
+qua de causa, post annum eam repudiavit et Hildigardam de
+gente Suaborum praecipuae nobilitatis feminam in matrimonium
+duxit ... Habuit et alias tres filias ... duas de
+Fastrada uxore ... tertiam de concubina quadam ...
+defuncta Fastrada ... tres habuit concubinas.</p>
+</div>
+<a name="Footnote_327"></a><a href="#FNanchor_327">[327]</a>
+<div class="note">
+<p> Gregory of Tours, 4, 3.</p>
+</div>
+<a name="Footnote_328"></a><a href="#FNanchor_328">[328]</a>
+<div class="note">
+<p> The concubines of Theodoric&#8212;Jordanes, <i>de orig. acti
+busque Get.</i>, 58. Huga, king of the Franks, had a filium quem ex
+concubina genuit&#8212;Widukind, <i>Res Gest. Sax.</i>, i, 9.</p>
+</div>
+<a name="Footnote_329"></a><a href="#FNanchor_329">[329]</a>
+<div class="note">
+<p> Lex Ripuariorum, <i>Til</i>., 48. Lex Angliorum et Werinorum,
+vi&#8212;<i>de alodibus</i>, 1: hereditatem defuncti filius, non filia
+suscipiat.
+Salic Law, <i>Tit</i>., 62: <i>de alodis</i>, 6: de terra vero Salica
+in
+mulierem nulla portio hereditatis transit, sed hoc virilis sexus
+adquirat, hoc est, filii in ipsa hereditate succedunt. Lex Saxonum,
+vii, 1: Pater aut mater defuncti filio, non filiae hereditatem
+relinquit.</p>
+</div>
+<a name="Footnote_330"></a><a href="#FNanchor_330">[330]</a>
+<div class="note">
+<p> Cf. Lex Angliorum et Werinorum, vi: <i>de alodibus</i>.</p>
+</div>
+<a name="Footnote_331"></a><a href="#FNanchor_331">[331]</a>
+<div class="note">
+<p> Ibid., vi, 8: post quintam autem (sc. generationem) filia ex
+toto, sive de patris sive de matris parte, in hereditatem succedat,
+et tunc demum hereditas ad fusum a lancea transeat.</p>
+</div>
+<a name="Footnote_332"></a><a href="#FNanchor_332">[332]</a>
+<div class="note">
+<p> Lex Salica, <i>Tit.</i>, 62. Lex Ripuariorum, <i>Tit.</i>, 56.</p>
+</div>
+<a name="Footnote_333"></a><a href="#FNanchor_333">[333]</a>
+<div class="note">
+<p> Cf. Lex Wisigothorum, iv, 2, 7 and 9.</p>
+</div>
+<a name="Footnote_334"></a><a href="#FNanchor_334">[334]</a>
+<div class="note">
+<p> Tacitus, <i>Germania</i>, 21.</p>
+</div>
+<a name="Footnote_335"></a><a href="#FNanchor_335">[335]</a>
+<div class="note">
+<p> Legis Liutprandi, ii, 7.</p>
+</div>
+<a name="Footnote_336"></a><a href="#FNanchor_336">[336]</a>
+<div class="note">
+<p> Lex Wisigothorum, iv, 5, I.</p>
+</div>
+<a name="Footnote_337"></a><a href="#FNanchor_337">[337]</a>
+<div class="note">
+<p> Lex Alemannorum, <i>Tit.</i>, i.</p>
+</div>
+<a name="Footnote_338"></a><a href="#FNanchor_338">[338]</a>
+<div class="note">
+<p> Lex Baiuvariorum, <i>Tit.</i>, i.</p>
+</div>
+<a name="Footnote_339"></a><a href="#FNanchor_339">[339]</a>
+<div class="note">
+<p> Lex Wisigothorum, iv, 2, 20.</p>
+</div>
+<a name="Footnote_340"></a><a href="#FNanchor_340">[340]</a>
+<div class="note">
+<p> Edictum Rotharis, i, 121.</p>
+</div>
+<a name="Footnote_341"></a><a href="#FNanchor_341">[341]</a>
+<div class="note">
+<p> Lex Wisigothorum, iv, 2, 13.</p>
+</div>
+<a name="Footnote_342"></a><a href="#FNanchor_342">[342]</a>
+<div class="note">
+<p> Cf. Capitula addita ad legem Alemannorum, 29. Lex
+Saxonum, viii, 2.</p>
+</div>
+<a name="Footnote_343"></a><a href="#FNanchor_343">[343]</a>
+<div class="note">
+<p> Cf. lex Wisigothorum, iv, 2, 11: maritus et uxor tunc sibi
+hereditario iure succedant, quando mulla affinitas usque ad
+septimum gradum de propinquis eorum vel parentibus inveniri
+poterit. See also Lex Burgundionum, 14, 1.</p>
+</div>
+<a name="Footnote_344"></a><a href="#FNanchor_344">[344]</a>
+<div class="note">
+<p> Lex Saxonum, ix. Lex Ripuariorum, 37, 2.</p>
+</div>
+<a name="Footnote_345"></a><a href="#FNanchor_345">[345]</a>
+<div class="note">
+<p> Lex Saxonum, viii. Lex Wisigothorum, iv, 3, 3. Lex Burgundionum
+85, 1, and 62, 1.</p>
+</div>
+<a name="Footnote_346"></a><a href="#FNanchor_346">[346]</a>
+<div class="note">
+<p> Lex Burgundionum, 42, 1; 62, 1; 74, 1.</p>
+</div>
+<a name="Footnote_347"></a><a href="#FNanchor_347">[347]</a>
+<div class="note">
+<p> Lex Baiuvariorum, xiv, 9, 1.</p>
+</div>
+<a name="Footnote_348"></a><a href="#FNanchor_348">[348]</a>
+<div class="note">
+<p> Ibid., xiv, 6.</p>
+</div>
+<a name="Footnote_349"></a><a href="#FNanchor_349">[349]</a>
+<div class="note">
+<p> For all this, see Lex Burgundionum, 24 and 62 and 74. Lex
+Wisigothorum, iv, Tit. 3. Lex Baiuvariorum, 14. Lex Alemannorum,
+55 and 56.</p>
+</div>
+<a name="Footnote_350"></a><a href="#FNanchor_350">[350]</a>
+<div class="note">
+<p> Lex Wisigothorum, iii, 3, 1.</p>
+</div>
+<a name="Footnote_351"></a><a href="#FNanchor_351">[351]</a>
+<div class="note">
+<p> Lex Saxonum, iv. In the early days when the Great West
+of the United States was just being opened up and when society
+there was in a very crude state, a horse thief was regularly hanged;
+but murder was hardly a fault.</p>
+</div>
+<a name="Footnote_352"></a><a href="#FNanchor_352">[352]</a>
+<div class="note">
+<p> Lex Burgundionum, 47, 1 and 2. The guilty man was put
+to death.</p>
+</div>
+<a name="Footnote_353"></a><a href="#FNanchor_353">[353]</a>
+<div class="note">
+<p> Lex Salica, <i>Tit.</i>, 23.</p>
+</div>
+<a name="Footnote_354"></a><a href="#FNanchor_354">[354]</a>
+<div class="note">
+<p> Id, <i>Tit.</i>, 28.</p>
+</div>
+<a name="Footnote_355"></a><a href="#FNanchor_355">[355]</a>
+<div class="note">
+<p> Lex Baiuvariorum, <i>Tit.</i>, xiii, 2.</p>
+</div>
+<a name="Footnote_356"></a><a href="#FNanchor_356">[356]</a>
+<div class="note">
+<p> Cf. lex Salica, <i>Tit.</i>, 61&#8212;a very curious account of
+formalities
+to be observed in such a case.</p>
+</div>
+<a name="Footnote_357"></a><a href="#FNanchor_357">[357]</a>
+<div class="note">
+<p> It was deemed sufficient for a male relative, say, the father,
+to assert the innocence of the woman under solemn oath: for
+it was thought that he would be unwilling to do this if he knew
+the woman was guilty and so incur eternal Hell-fire as a punishment
+for perjury. An example of this solemn ceremony is
+told interestingly by Gregory of Tours, 5, 33. A woman at
+Paris was charged by her husband's relatives with adultery and
+was demanded to be put to death. Her father took a solemn
+oath that she was innocent. Far from being content with this,
+the husband's kin began a fight and the matter ended in a wholesale
+butchery at the church of St. Dionysius.</p>
+</div>
+<a name="Footnote_358"></a><a href="#FNanchor_358">[358]</a>
+<div class="note">
+<p> Lex Angliorum et Werinorum, xiv: aut si campionem non
+habuerit, ipsa ad novem vomeres ignitos examinanda mittatur.</p>
+</div>
+<a name="Footnote_359"></a><a href="#FNanchor_359">[359]</a>
+<div class="note">
+<p> Leges Liutprandi, vi, 140.</p>
+</div>
+<a name="Footnote_360"></a><a href="#FNanchor_360">[360]</a>
+<div class="note">
+<p> Lex Wisigothorum, iii, 4, 16.</p>
+</div>
+<a name="Footnote_361"></a><a href="#FNanchor_361">[361]</a>
+<div class="note">
+<p> See the interesting story of the girl who slew Duke Amalo,
+as narrated by Gregory of Tours, 9, 27.</p>
+</div>
+<a name="Footnote_362"></a><a href="#FNanchor_362">[362]</a>
+<div class="note">
+<p> The bloody nature of the times is depicted na&iuml;vely by Gregory,
+Bishop of Tours, who wrote the history of the Franks.
+See, e.g., the stories of Ingeltrudis, Rigunthis, Waddo, Amalo,
+etc., in Book 9. Gregory was born in 539.</p>
+</div>
+<a name="Footnote_363"></a><a href="#FNanchor_363">[363]</a>
+<div class="note">
+<p> <i>Corpus Iuris Canonici</i> (Friedberg), vol. i, p. 1, <i>Distinctio
+Prima</i>: ius naturae est quod in lege et <i>evangelio</i> continetur.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_V"></a>
+<h2><a name="Page_100"></a>CHAPTER V</h2>
+<h2>DIGRESSION OF THE LATER HISTORY OF
+ROMAN LAW</h2>
+<br>
+<p>With Charlemagne, who was crowned Emperor
+by the Pope in the year 800, began
+the definite union of Church and State and the
+Church's temporal power. Henceforth for seven
+centuries, until the Reformation, we shall have
+to reckon with canon law as a supreme force in
+determining the question of the position of
+women. A brief survey of the later history of
+the old Roman Law will not be out of place in
+order to note what influence, if any, it continued
+to exert down the ages.</p>
+<p>The body of the Roman law, compiled by
+order of Justinian (527-565 A.D.), was intended
+primarily for the eastern empire; but when, in the
+year 535, the Emperor conquered the western
+Goths, who then ruled Italy, he ordered his laws
+taught in the school of jurisprudence at Rome
+and practiced in the courts. I have already remarked
+that the barbarians who overran Italy
+allowed the vanquished the right to be judged in
+most cases by their own code. But the splendid
+fabric of the Roman law was too elaborate a
+<a name="Page_101"></a>system to win the attentive study of a rude
+people; the Church had its own canons, the people
+their own ancestral customs; and until the twelfth
+century no development of the Roman Civil Code
+took place. Finally, during the twelfth century,
+the great school at Bologna renewed the study
+with vigour, and Italy at the present day derives
+the basic principles of its civil law from the Corpus
+of Justinian. Practically the same story holds
+true of France,<a name="FNanchor_364"></a><a href="#Footnote_364"><sup>[364]</sup></a>
+of Spain, and of the
+Netherlands,
+all of whom have been influenced particularly by
+the great jurists of the sixteenth century who were
+simply carrying further the torch that had been
+lit so enthusiastically at Bologna in the twelfth
+century.</p>
+<p>As to Germany,<a name="FNanchor_365"></a><a href="#Footnote_365"><sup>[365]</sup></a>
+when that unhappy
+country
+had been separated from France and Italy after
+the Treaty of Verdun in 843, Carlovingian law and
+the ancient German law books fell into disuse.
+The law again rested on unwritten customs, on
+the decisions of the judges and their assessors, and
+on agreements of the interested parties (feudal
+services and tenures). Not till the twelfth and
+thirteenth centuries was any record made of
+the rules of law which had arisen; many laws of
+cities on various matters and in various provinces
+were recorded by public authority; and thus
+<a name="Page_102"></a>originated the so-called law books of the Middle
+Ages, the private labours of experienced men, who
+set forth the legal principles which were recognised
+in all Germany, or at least in certain parts of it.
+There were no law schools as yet, and scientific
+compilation of German law was not even thought
+of. After the University of Bologna had revived
+the study of Roman law in Italy, the Italian
+universities attracted the German youth, who on
+their return would labour to introduce what they
+had learned. Their efforts were seconded by the
+clergy, through the close connection with canon
+law which was in force in Germany. German
+emperors and territorial lords also favoured Roman
+law because they saw how well suited it was to
+absolutism; they liked to engage jurists trained
+in Italy, especially if they were doctors of both
+canon and Roman law. Nor did the German
+people object. From the fourteenth century
+many schools of jurisprudence were established
+on Italian models.</p>
+<p>At present, the law of Justinian has only such
+force as is received by usage or as it has acquired by
+recognition. <span style="font-weight: bold;">I.</span> The Roman law
+forms in Germany
+the principal law in some branches, that is,
+it is in so far its basis that the German law is
+only an addition or modification of it. In other
+branches it is only supplementary, that is, it is
+merely subsidiary to the German law. <span style="font-weight: bold;">II.</span>
+Only
+the glossed parts and passages of Justinian's
+law collection have binding force in Germany. <a name="Page_103"></a><span style="font-weight: bold;">III.</span> Only those glossed passages are
+binding
+which contain the latest rule of law. Consequently
+the historical materials contained in them,
+though always of great importance for discovering
+the latest law, have not binding force. <span
+ style="font-weight: bold;">IV.</span> Those
+precepts of the Roman law which relate to Roman
+manners and institutions unknown in Germany are
+inapplicable here, though glossed. <span style="font-weight: bold;">V.</span>
+The Roman
+law has but slight application to such objects
+and transactions as were unknown to the Romans
+and are of purely Germanic origin. <span style="font-weight: bold;">VI.</span>
+With
+the limitations above enumerated the Roman law
+has been adopted as a whole and not in detached
+parts.</p>
+<p>In England Roman law has had practically
+no effect. In the year 1149 a Lombard jurist,
+Vacarius, lectured on it at Oxford; but there were
+no results. Canon law is, of course, a force to be
+reckoned with in Britain as on the Continent.</p>
+<p>Before we enter the question of women's rights
+during the Middle Ages, we must take a general
+survey of the character of that period; for obviously
+we cannot understand its legislation without
+some idea of the background of social, political,
+and intellectual life. In the first place, then, the
+Church was everywhere triumphant and its
+ideals governed legislation completely on such
+matters as marriage. The civil law of Rome, as
+drawn up first by the epitomisers and later studied
+more carefully at Bologna, served to indicate
+<a name="Page_104"></a>general principles in cases to which canon law
+did not apply; but there was little jurisdiction in
+which the powers ecclesiastical could not contrive
+to take a hand. At the same time Germanic
+ideals and customs continued a powerful force.
+For a long time after the partition of the vast
+empire of Charlemagne government was in a state
+of chaos and transition from which eventually the
+various distinct states arose. A struggle between
+kings and nobles for supremacy dragged along
+for many generations; and as during that contest
+each feudal lord was master in his own domain,
+there was no consistent code of laws for all countries
+or, indeed, for the same country. Yet the
+character of the age determined in a general way
+the spirit that dictated all laws. Society rested
+on a military and aristocratic basis, and when
+the ability to wield arms is essential to maintain
+one's rights, the position of women will be affected
+by that fact. Beginning with the twelfth century
+city life began to exert a political influence; and
+this, again, did not fail to have an effect on the
+status of women. Of any participation of women
+in intellectual life there could be no question
+until the Renaissance, although we do meet here
+and there with isolated exceptions, a few ladies of
+high degree like Roswitha of Gandersheim and
+Hadwig, Duchess of Swabia, niece of Otto the
+Great, and Heloise. The learning was exclusively
+scholastic, and from any share in that women were
+barred. When people are kept in ignorance, there
+<a name="Page_105"></a>is less inducement for them to believe that they
+have any rights or to assert them if they do
+think so.</p>
+<p>We shall do well to bear in mind, in noting the
+laws relative to women, that theory is one thing
+and practice quite another. Hence, although the
+doctrines of the Church on various matters touching
+the female sex were characterised by the
+greatest purity, we shall see that in practice they
+were not strictly executed. Religion does in fact
+play a less considerable part in regulating the
+daily acts of men than theologians are inclined to
+believe. If anything proves this, it is the history of
+that foulest stain on Christian nations&#8212;prostitution.
+We might expect that since the Roman
+Catholic Church insists so on chastity the level
+of this virtue would certainly be higher in countries
+which are almost exclusively Catholic, like Spain
+and Italy, than in Protestant lands; but no one
+who has ever travelled in Spain or Italy fails to
+recognise that the conduct of men is as lamentably
+low in these as in England, Germany, or the
+United States.</p>
+<p>With this brief introduction I shall proceed next
+to explain the position of women under the canon
+law, a code which affected all countries of Europe
+equally until the Reformation; and in connection
+with this I shall give some idea of the attitude of
+the Roman Catholic Church towards women and
+women's rights at the present day.<br>
+<br>
+</p>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_364"></a><a href="#FNanchor_364">[364]</a>
+<div class="note">
+<p> French customary law began to be written in the thirteenth
+century and was greatly affected by the Roman law.</p>
+</div>
+<a name="Footnote_365"></a><a href="#FNanchor_365">[365]</a>
+<div class="note">
+<p> The succeeding paragraphs are a summary of the account by
+the learned Professor Mackeldey, who has investigated Roman
+law with the most minute diligence.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_VI"></a>
+<h2><a name="Page_106"></a>CHAPTER VI<br>
+</h2>
+<h2>THE CANON LAW AND THE ATTITUDE OF THE
+ROMAN CATHOLIC CHURCH</h2>
+<div class="sidenote"><br>
+The canon law reaffirms the subjection of women.</div>
+<p>The canon law reaffirms woman's subjection to
+man in no uncertain terms. The wife must
+be submissive and obedient to her husband.<a name="FNanchor_366"></a><a
+ href="#Footnote_366"><sup>[366]</sup></a>
+She must never, under penalty
+of excommunication, cut off her hair,
+because "God has given it to her as a veil and
+as a sign of her subjection."<a name="FNanchor_367"></a><a
+ href="#Footnote_367"><sup>[367]</sup></a> A woman who
+assumed men's garments was accursed<a name="FNanchor_368"></a><a
+ href="#Footnote_368"><sup>[368]</sup></a>; it will be
+remembered that the breaking of this law was
+one of the charges which brought Joan of Arc
+to the stake. However learned and holy, woman
+<a name="Page_107"></a>must never presume to teach men publicly.<a
+ name="FNanchor_369"></a><a href="#Footnote_369"><sup>[369]</sup></a>
+She was not allowed to bring a criminal action
+except in cases of high treason or to avenge the
+death of near relatives.<a name="FNanchor_370"></a><a
+ href="#Footnote_370"><sup>[370]</sup></a> Parents could dedicate
+a daughter to God while she was yet an infant;
+and this parental vow bound her to the nunnery
+when she was mature, whether she was willing or
+not.<a name="FNanchor_371"></a><a href="#Footnote_371"><sup>[371]</sup></a>
+Virgins or widows who had once consecrated
+themselves to God might not marry under pain of
+excommunication.<a name="FNanchor_372"></a><a href="#Footnote_372"><sup>[372]</sup></a>
+Parents could not
+prevent a
+daughter from taking vows, if she so wished, after
+she had attained the age of twelve.<a name="FNanchor_373"></a><a
+ href="#Footnote_373"><sup>[373]</sup></a></p>
+<div class="sidenote"> Woman and marriage under canon law.</div>
+<p>The most important effect of the canon law
+was on marriage, which was now a sacrament
+and had its sanction not in
+the laws of men, but in the express <a name="Page_108"></a>decrees
+of God. Hence even engagements acquired
+a sacred character unknown to the Roman law;
+and when a betrothal had once been entered into,
+it could be broken only in case one or both
+of the contracting parties desired to enter a
+monastery.<a name="FNanchor_374"></a><a href="#Footnote_374"><sup>[374]</sup></a>
+Free consent of both man and
+woman was necessary for matrimony.<a name="FNanchor_375"></a><a
+ href="#Footnote_375"><sup>[375]</sup></a> There
+must also be a dowry and a public ceremony.<a name="FNanchor_376"></a><a
+ href="#Footnote_376"><sup>[376]</sup></a>
+The legitimate wife is thus defined<a name="FNanchor_377"></a><a
+ href="#Footnote_377"><sup>[377]</sup></a>: "A chaste
+virgin, betrothed in chastity, dowered according to
+law, given to her betrothed by her parents, and
+received from the hands of the bridesmaids (<i>a
+paranimphis accipienda</i>); she is to be taken
+according to the laws and the Gospel and the
+marriage ceremony must be public; all the days
+of her life&#8212;unless by consent for brief periods to
+<a name="Page_109"></a>devote to worship&#8212;she is never to be separated
+from her husband; for the cause of adultery she is
+to be dismissed, but while she lives her husband
+may marry no other." The blessing of the priest
+was necessary. About every form connected with
+the marriage service the Church threw its halo of
+mystery and symbol to emphasise the sacred
+character of the union. Thus<a name="FNanchor_378"></a><a
+ href="#Footnote_378"><sup>[378]</sup></a>: "Women are
+veiled during the marriage ceremony for this
+reason, that they may know they are lowly and
+in subjection to their husbands.... A ring is
+given by the bridegroom to his betrothed either
+as a sign of mutual love or rather that their hearts
+may be bound together by this pledge. For this
+reason, too, the ring is worn on the fourth finger,
+because there is a certain vein in that finger which
+they say reaches to the heart."</p>
+<div class="sidenote"><br>
+Clandestine marriages.</div>
+<p>Clandestine marriages were forbidden,<a name="FNanchor_379"></a><a
+ href="#Footnote_379"><sup>[379]</sup></a> but the
+Church always presumed everything it could in
+favour of marriage and its indissolubility.
+Thus, Gratian remarks<a name="FNanchor_380"></a><a href="#Footnote_380"><sup>[380]</sup></a>:
+"Clandestine
+marriages are, to be sure, contrary to law; nevertheless,
+they can not be dissolved." The reason
+for forbidding them was perfectly reasonable:
+one party might change his or her mind and there
+would be no positive proof that a marriage had
+taken place, so that a grave injury might be inflicted
+on an innocent partner by an unscrupulous
+<a name="Page_110"></a>one who desired to dissolve the union.<a
+ name="FNanchor_381"></a><a href="#Footnote_381"><sup>[381]</sup></a>
+Yet the
+marriage by consent alone without any of the
+ceremonies or the blessing of the priest was
+perfectly valid, though not "according to law"
+(<i>legitimum</i>), and could not be dissolved.<a name="FNanchor_382"></a><a
+ href="#Footnote_382"><sup>[382]</sup></a>
+Not
+until the great Council of Trent in 1563 was this
+changed. At that time all marriages were declared
+invalid unless they had been contracted in
+the presence of a priest and two or three witnesses.<a
+ name="FNanchor_383"></a><a href="#Footnote_383"><sup>[383]</sup></a></p>
+<div class="sidenote"> Protection to women.</div>
+<p>The Church is seen in its fairest light in its
+provisions to protect the wife from sexual brutality
+on the part of her husband, and it
+deserves high praise for its stand on
+such matters.<a name="FNanchor_384"></a><a href="#Footnote_384"><sup>[384]</sup></a>
+Various other laws show the same
+regard for the interests of women. A man who was
+entering priestly office could not cast off his wife
+and leave her destitute, but must provide living
+and raiment for her.<a name="FNanchor_385"></a><a href="#Footnote_385"><sup>[385]</sup></a>
+Neither husband nor wife
+could embrace the celibate life nor devote themselves
+to continence without the consent of the
+other.<a name="FNanchor_386"></a><a href="#Footnote_386"><sup>[386]</sup></a>
+A man who cohabited with a woman as his
+<a name="Page_111"></a>concubine, even though she was of servile
+condition
+or questionable character, could not dismiss her
+and marry another saving for adultery.<a name="FNanchor_387"></a><a
+ href="#Footnote_387"><sup>[387]</sup></a> Slaves
+were now allowed to contract marriages and
+masters were not permitted to dissolve them.<a name="FNanchor_388"></a><a
+ href="#Footnote_388"><sup>[388]</sup></a></p>
+<div class="sidenote"> Divorce.</div>
+<p>It has always been and still is the boast of the
+Roman Catholic Church that it has been the
+supreme protector of women on account
+of its stand on divorce. Says Cardinal
+Gibbons<a name="FNanchor_389"></a><a href="#Footnote_389"><sup>[389]</sup></a>:
+"Christian wives and mothers, what
+gratitude you owe to the Catholic Church for the
+honorable position you now hold in society! If
+you are no longer regarded as the slave, but the
+equal, of your husbands; if you are no longer the
+toy of his caprice, and liable to be discarded at any
+moment; but if you are recognised as the mistress
+and queen of your household, you owe your emancipation
+to the Church. You are especially indebted
+for your liberty to the Popes who rose up
+in all the majesty of their spiritual power to vindicate
+the rights of injured wives against the lustful
+tyranny of their husbands." In view of such a
+claim I may be justified in entering a somewhat
+more detailed account of this subject.</p>
+<p>On the subject of divorce the Roman Catholic
+Church took the decided position which it continues
+to maintain at the present day. Marriage when
+<a name="Page_112"></a>entered upon under all the conditions demanded
+by the Church for a valid union is indissoluble.<a name="FNanchor_390"></a><a
+ href="#Footnote_390"><sup>[390]</sup></a>
+A separation "from bed and board" (<i>quoad
+thorum seu quoad cohabitationem</i>) is allowed for
+various causes, such as excessive cruelty, for a
+determinate or an indeterminate period; but
+there is no absolute divorce even for adultery.
+For this cause a separation may, indeed, take
+place, but the bond of matrimony is not dissolved
+thereby and neither the innocent nor the guilty
+party may marry again during the lifetime of the
+other partner.</p>
+<p>All this seems very rigorous. It is true that
+the Roman Catholic Church does not permit
+"divorce." But it allows fourteen cases where a
+marriage can be declared absolutely null and void,
+as if it had never existed; and in these cases the
+man or woman may marry again. To say that
+the Roman Church does not allow divorce is,
+therefore, playing upon words. The instruments
+used to render its strict theory ineffective are
+"diriment impediments" and "dispensations."</p>
+<p>By the doctrine of "diriment impediments" the
+Pope or a duly constituted representative can
+declare that a marriage has been null and void
+from the very beginning because of some impediment
+defined in the canon law. Canon IV of the
+twenty-fourth session of the Council of Trent
+<a name="Page_113"></a>anathematises anyone who shall say that the
+Church cannot constitute impediments dissolving
+marriage, or that she has erred in constituting
+them. The impediments which can annul marriage
+are described in the official Catholic Encyclopedia,
+vol. vii, pages 697-698. Among them are
+impuberty and impotency. Then there is "disparity
+of worship," which renders void the marriage
+of a Christian&#8212;that is, a Roman Catholic,
+with an infidel,&#8212;that is, one who is unbaptised.
+Marriage of a Roman Catholic with a baptised non-Catholic
+constitutes a "relative" impediment and
+needs a special dispensation and provisoes, such as
+a guarantee to bring up the children in the Roman
+faith to give it validity. Another impediment is
+based on the presumption of want of consent,
+"the nullity being caused by a defect of consent."
+"This defect," says the Catholic Encyclopedia,
+"may arise from the intellect or the will; hence
+we have two classes. Arising from the intellect
+we have: insanity; and total ignorance, even if in
+confuso of what marriage is (this ignorance, however,
+is not presumed to exist after the age of
+puberty has been reached); and lastly error, where
+the consent is not given to what was not intended.
+Arising from the will, a defect of consent may be
+caused through deceit or dissimulation, when one
+expresses exteriorly a consent that does not really
+exist; or from constraint imposed by an unjust
+external force, which causes the consent not to be
+free." Consanguinity and affinity are diriment
+<a name="Page_114"></a>impediments. Consanguinity "prohibits all
+marriages
+in the direct ascending or descending line
+in infinitum, and in the collateral line to the fourth
+degree or fourth generation." Affinity "establishes
+a bond of relationship between each of
+the married parties and the blood relations of the
+other, and forbids marriage between them to the
+fourth degree. Such is the case when the marriage
+springs from conjugal relations; but as canon
+law considers affinity to spring also from illicit
+intercourse, there is an illicit affinity which annuls
+marriage to the second degree only." Then there
+is "spiritual relationship"; for example, the
+marriage of one who stood as sponsor in confirmation
+with a parent of the child is null and void.</p>
+<p>Under the canon law, even more resources are
+open for the man who is tired of his wife; by
+the doctrine, namely, of "spiritual fornication."
+Adultery is, of course, recognised as the cause
+that admits a separation. But the canon law
+remarks that idolatry and all harmful superstition
+&#8212;by which is meant any doctrine that does not
+agree with that of the Church&#8212;is fornication;
+that avarice is also idolatry and hence fornication;
+that in fact no vice can be separated from idolatry
+and hence all vices can be classed as fornication;
+so that if a husband only tried a little bit, he
+could without much trouble find some "vice" in
+his wife that would entitle him to a separation.<a name="FNanchor_391"></a><a
+ href="#Footnote_391"><sup>[391]</sup></a></p>
+<p><a name="Page_115"></a>When all these fail, recourse can be had to a
+dispensation. The Church reserves the right to
+give dispensations for all impediments. Canon
+III of the twenty-fourth session of Trent says:
+"If anyone shall say, that only those degrees of
+consanguinity and affinity which are set down in
+<i>Leviticus</i> [xviii, 6 ff.] can hinder matrimony from
+being contracted, and dissolve it when contracted;
+and that the Church can not dispense in some of
+those degrees, or ordain that others may hinder
+and dissolve it; let him be anathema."</p>
+<div class="sidenote"> Inheritance</div>
+<p>The minute and far-fetched subtleties which
+the Roman Church has employed in the interpretation
+of these relationships make escape from
+the marital tie feasible for the man who is eager
+to disencumber himself of his life's partner. The
+man of limited means will have a hard time of it.
+The great and wealthy have been able at all periods,
+by working one or more of these doctrines, to
+reduce the theory of the Roman Church to nullity
+in practice. Napoleon had his marriage to Josephine
+annulled on the ground that he had never
+intended to enter into a religious marriage with
+<a name="Page_116"></a>her, although the day before the ceremony he had
+had the union secretly blessed by Cardinal Fesch.
+On the basis of this avowed lack of intent, his
+marriage with Josephine was declared null and
+void, and he was free to marry Louisa. A plea
+along the same lines is being worked by the Count
+de Castellane now. Louis XII, having fallen in
+love with Anne of Brittany, suddenly discovered
+that his wife was his fourth cousin, that she was
+deformed, and that her father had been his godfather;
+and for this the Pope gave him a dispensation
+and his legitimate wife was sent away.
+The Pope did not thunder against Louis XIV for
+committing adultery with women like Louise de
+la Valli&egrave;re and Madame de Montespan. It is
+certainly true that in the case of Philip Augustus
+of France and Henry VIII of England the Pope
+did protect injured wives; but both these monarchs
+were questioning the Vatican's autocracy. The
+matrimonial relations of John of England, Philip's
+contemporary, were more corrupt than those of
+the French king; but, while the Pope chastised
+John for his defiance of his political autonomy, he
+did not excommunicate him on any ground of
+morality. The statement of Cardinal Gibbons
+is not entirely in accordance with history; he
+does not take all facts into consideration, as is also
+true of his complacent assumption that outside
+of the Roman Church no economic forces and no
+individuals have had any effect in elevating the
+moral and economic status of women.</p>
+<p><a name="Page_117"></a>Questions such as those of inheritance belong
+properly to civil law; but the canon law claimed
+to be heard in any case into which any
+spiritual interest could be foisted. Thus
+in the year 1199 Innocent III enacted that children
+of heretics be deprived of all their offending
+parents' goods "since in many cases even according
+to divine decree children are punished in this
+world on account of their parents."<a name="FNanchor_392"></a><a
+ href="#Footnote_392"><sup>[392]</sup></a></p>
+<div class="sidenote"> General attitude towards women at the present day</div>
+<p>The attitude of the Roman Catholic Church
+towards women's rights at the present day is
+practically the same as it has been for
+eighteen centuries. It still insists on the
+subjection of the woman to the man, and
+it is bitterly hostile to woman suffrage.
+This position is so well illustrated by an article
+of the Rev. David Barry in the Roman Catholic
+paper, the Dublin <i>Irish Ecclesiastical Review</i>, that
+I cannot do better than quote some of it. "It
+seems plain enough," he says, "that allowing
+women the right of suffrage is incompatible with
+the high Catholic ideal of the unity of domestic
+life. Even those who do not hold the high and
+rigid ideal of the unity of the family that the
+Catholic Church clings to must recognise some
+authority in the family, as in every other society.
+<a name="Page_118"></a>Is this authority the conjoint privilege of
+husband
+and wife? If so, which of them is to yield, if a
+difference of opinion arises? Surely the most
+uncompromising suffragette must admit that the
+wife ought to give way in such a case. That is to
+say, every one will admit that the wife's domestic
+authority is subordinate to that of her husband.
+But is she to be accorded an autonomy in outside
+affairs that is denied her in the home? Her
+authority is subject to her husband's in domestic
+matters&#8212;her special sphere; is it to be considered
+co-ordinate with his in regulating the affairs of
+the State? Furthermore, there is an argument
+that applies universally, even in the case of those
+women who are not subject to the care and protection
+of a husband, and even, I do not hesitate
+to say, where the matters to be decided on would
+come specially within their cognisance, and where
+their judgment would, therefore, be more reliable
+than that of men. It is this, that in the noise and
+turmoil of party politics, or in the narrow, but
+rancorous arena of local factions, it must needs
+fare ill with what may be called the passive virtues
+of humility, patience, meekness, forbearance,
+and self-repression. These are looked on by the
+Church as the special prerogative and endowment
+of the female soul ... But these virtues would
+soon become sullied and tarnished in the dust
+and turmoil of a contested election; and their
+absence would soon be disagreeably in evidence
+in the character of women, who are, at the same
+<a name="Page_119"></a>time, almost constitutionally debarred from
+preeminence
+in the more robust virtues for which
+the soul of man is specially adapted."</p>
+<p>Cardinal Gibbons, in a letter to the National
+League for the Civic Education of Women&#8212;an
+anti-suffrage organisation&#8212;said that "woman
+suffrage, if realised, would be the death-blow of
+domestic life and happiness" (Nov. 2, 1909).</p>
+<p>Rev. William Humphrey, S.J., in his <i>Christian
+Marriage</i>, chap. 16, remarks that woman is "the
+subordinate equal of man"&#8212;whatever that means.</p>
+<p>A few Roman Catholic prelates, like Cardinal
+Moran, have advocated equal suffrage, but they
+are in the minority. The Pope has not yet definitely
+stated the position of the Church; individual
+Catholics are free to take any side they wish,
+as it is not a matter of faith; but the tendency of
+Roman Catholicism is against votes for women.</p>
+<br>
+<h4 style="text-align: left;">SOURCES:</h4>
+<p>I. Corpus Iuris Canonici: recognovit Aemilius Friedberg.
+Lipsiae (Tauchnitz) Pars Prior, 1879. Pars Secunda, 1881.</p>
+<p>II. Sacrosanctum Concilium Tridentinum, additis Declarationibus
+Cardinalium, Concilii Interpretum, ex ultima recognitione
+Joannis Gallemart, etc. Coloniae Agrippinae, apud
+Franciscum Metternich, Bibliopolam. MDCCXXVII.</p>
+<p>III. The Catholic Encyclopedia. New York, Robert Appleton
+Company. (Published with the <i>Imprimatur</i> of Archbishop
+Parley.)</p>
+<p>IV. Various articles by Catholic prelates, due references to
+which are given as they occur.<br>
+<br>
+</p>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_366"></a><a href="#FNanchor_366">[366]</a>
+<div class="note">
+<p> Augustine quoted by Gratian, <i>Causa</i>, 33, <i>Quaest</i>. 5,
+chapters
+12-16&#8212;Friedberg, i, pp. 1254, 1255. Ambrose and Jerome on
+the same matter, ibid., <i>c</i>. 15 and 17, Friedberg, i, p. 1255.
+Gratian, <i>Causa</i> 30, <i>Quaest</i>. 5, <i>c</i>. 7&#8212;Friedberg,
+i, p. 1106: Feminae
+dum maritantur, ideo velantur, ut noverint se semper viris suis
+subditas esse et humiles.</p>
+</div>
+<a name="Footnote_367"></a><a href="#FNanchor_367">[367]</a>
+<div class="note">
+<p> Gratian, <i>Distinctio</i>, 30, <i>c</i>. 2&#8212;Friedberg, i, p. 107:
+Quecumque
+mulier, religioni iudicans convenire, comam sibi amputaverit
+quam Deus ad velamen eius et ad memoriam subiectionis illi
+dedit, tanquam resolvens ius subiectionis, anathema sit. Cf.
+Gratian, <i>Causa</i>, 15, <i>Quaest</i>. 3&#8212;Friedberg, i, p. 750.</p>
+</div>
+<a name="Footnote_368"></a><a href="#FNanchor_368">[368]</a>
+<div class="note">
+<p> Gratian, <i>Dist</i>., 30, <i>c</i>. 6, Friedberg, i, p. 108. See
+also <i>Deuteronomy</i>
+xxii, 5.</p>
+</div>
+<a name="Footnote_369"></a><a href="#FNanchor_369">[369]</a>
+<div class="note">
+<p> Gratian, <i>Dist</i>., 23, <i>c</i>. 29&#8212;Friedberg, i, p. 86:
+Mulier, quamvis
+docta et sancta, viros in conventu docere non praesumat.</p>
+</div>
+<a name="Footnote_370"></a><a href="#FNanchor_370">[370]</a>
+<div class="note">
+<p> Id., <i>Causa</i>, 15, <i>Quaest</i>. 3&#8212;Friedberg, i, p. 750.</p>
+</div>
+<a name="Footnote_371"></a><a href="#FNanchor_371">[371]</a>
+<div class="note">
+<p> Id., <i>Causa</i>, 20, <i>Quaest</i>. 1, <i>c</i>. 2&#8212;Friedberg,
+i, pp. 843-844,
+quoting Gregory to Augustine, the Bishop of the Angles: Addidistis
+adhuc, quod si pater vel mater filium filiamve intra septa
+monasterii in infantiae annis sub regulari tradiderunt disciplina,
+utrum liceat eis, postquam ad pubertatis inoleverint annos,
+egredi, et matrimonio copulari. Hoe omnino devitamus, quia
+nefas est ut oblatis a parentibus Deo filiis voluptatis frena
+relaxentur.
+Id., <i>c</i>. 4&#8212;Fried., i, p. 844: quoting Isidore&#8212;quicumque
+a parentibus propriis in monasterio fuerit delegatus, noverit se
+ibi perpetuo mansurum. Nam Anna Samuel puerum suum
+natum et ablactatum Deo pietate obtulit. Id., <i>c</i>. 7&#8212;Fried., i,
+pp. 844-845.</p>
+</div>
+<a name="Footnote_372"></a><a href="#FNanchor_372">[372]</a>
+<div class="note">
+<p> Gratian, <i>Dist</i>., 27, <i>c</i>. 4 et 9, and <i>Dist</i>.,
+28, <i>c</i>. 12&#8212;Friedberg, i,
+pp. 99 and 104. Id., <i>Causa</i>, 27, <i>Quaest</i>. 1, <i>c</i>. 1
+and 7&#8212;Friedberg,
+i, pp. 1047 and 1O50.</p>
+</div>
+<a name="Footnote_373"></a><a href="#FNanchor_373">[373]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 20, <i>Quaest</i>. 2, <i>c</i>.
+2&#8212;Friedberg, i, pp. 847-848.</p>
+</div>
+<a name="Footnote_374"></a><a href="#FNanchor_374">[374]</a>
+<div class="note">
+<p> Cf. Council of Trent, Session 24, "On the Sacrament of
+Matrimony," <i>Canon</i> 6: "If anyone shall say that matrimony
+contracted but not consummated is not dissolved by the solemn
+profession of religion by one of the parties married: let him be
+anathema."
+</p>
+<p>Gratian, <i>Causa</i>, 27, <i>Quaest</i>. ii, <i>c</i>.
+28&#8212;Fried., i, p. 1071. Id., <i>c</i>.
+46, 47, 50, 51&#8212;Fried., i, pp. 1076, 1077, 1078.</p>
+</div>
+<a name="Footnote_375"></a><a href="#FNanchor_375">[375]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 30, <i>Quaest</i>. 2&#8212;Fried., i, p. 1100:
+Ubi non est
+consensus utriusque, non est coniugium. Ergo qui pueris dant
+puellas in cunabulis et e converso, nihil faciunt, nisi uterque
+puerorum postquam venerit ad tempus discretionis consentiat,
+etiamsi pater et mater hoc fecerint et voluerint. Id. <i>Causa</i>,
+31,
+<i>Quaest</i>. 2&#8212;Fried., i, 1112-1114: sine libera voluntate nulla est
+copulanda alicui.</p>
+</div>
+<a name="Footnote_376"></a><a href="#FNanchor_376">[376]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 30, <i>Quaest</i>. 5, <i>c</i>.
+6&#8212;Friedberg, i, p. 1106: Nullum
+sine dote fiat coniugium; iuxta possibilitatem fiat dos, nee
+sine publicis nuptiis quisquam nubere vel uxorem ducere praesumat.</p>
+</div>
+<a name="Footnote_377"></a><a href="#FNanchor_377">[377]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 30, <i>Quaest</i>. 5, <i>c</i>.
+4&#8212;Friedberg, i, p. 1105.</p>
+</div>
+<a name="Footnote_378"></a><a href="#FNanchor_378">[378]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 30, <i>Quaest</i>. 5, <i>c</i>.
+7&#8212;Friedberg, i, p. 1106.</p>
+</div>
+<a name="Footnote_379"></a><a href="#FNanchor_379">[379]</a>
+<div class="note">
+<p> Id., <i>c</i>. 1&#8212;Friedberg, i, p. 1104.</p>
+</div>
+<a name="Footnote_380"></a><a href="#FNanchor_380">[380]</a>
+<div class="note">
+<p> Id., <i>c</i>. 8&#8212;Friedberg, i, p. 1107.</p>
+</div>
+<a name="Footnote_381"></a><a href="#FNanchor_381">[381]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 30, <i>Quaest</i>. 5, <i>c</i>.
+9&#8212;Friedberg, i, p. 1107.</p>
+</div>
+<a name="Footnote_382"></a><a href="#FNanchor_382">[382]</a>
+<div class="note">
+<p> Gratian, <i>Causa, </i>28,<i> Quaest</i>. i, <i>c</i>.
+17&#8212;Friedberg, i,
+p. 1089: illorum
+vero coniugia, qui contemptis omnibus illis solempnitatibus
+solo affectu aliquam sibi in coniugem copulant, huiuscemodi
+coniugium non legitimum, sed ratum tantummodo esse creditur.</p>
+</div>
+<a name="Footnote_383"></a><a href="#FNanchor_383">[383]</a>
+<div class="note">
+<p> Sessio xxiv, cap. i&#8212;De Reformatione Matrimonii.</p>
+</div>
+<a name="Footnote_384"></a><a href="#FNanchor_384">[384]</a>
+<div class="note">
+<p> See Gratian, <i>Dist</i>., v, <i>c</i>. 4&#8212;Friedberg, i, p. 8,
+e.g., ...
+ita ut morte lex sacra feriat, si quis vir ad menstruam mulierem
+accedat.</p>
+</div>
+<a name="Footnote_385"></a><a href="#FNanchor_385">[385]</a>
+<div class="note">
+<p> Gratian, <i>Dist</i>., 31, <i>c</i>. 11&#8212;Friedberg, i, p. 114.</p>
+</div>
+<a name="Footnote_386"></a><a href="#FNanchor_386">[386]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 27, <i>Quaest</i>. 2, <i>c</i>. 18-22,
+and 24-26&#8212;Friedberg
+i, pp. 1067-1070.</p>
+</div>
+<a name="Footnote_387"></a><a href="#FNanchor_387">[387]</a>
+<div class="note">
+<p> Gratian, <i>Dist</i>., 34, c. 4&#8212;Friedberg, i, p. 126. Id., <i>Causa</i>,
+29,
+<i>Quaest</i>. 1&#8212;Friedberg, i, p. 1092. Id., <i>Causa</i>, 29, <i>Quaest</i>.
+2, c. 2.</p>
+</div>
+<a name="Footnote_388"></a><a href="#FNanchor_388">[388]</a>
+<div class="note">
+<p> Id., <i>Causa</i>, 29, <i>Quaest</i>. 2, c. 1 and 8.</p>
+</div>
+<a name="Footnote_389"></a><a href="#FNanchor_389">[389]</a>
+<div class="note">
+<p> "Divorce," by James Cardinal Gibbons, in the <i>Century</i>,
+May, 1909.</p>
+</div>
+<a name="Footnote_390"></a><a href="#FNanchor_390">[390]</a>
+<div class="note">
+<p> For this and what immediately follows see <i>Session</i> 24 of
+the Council of Trent "On the Sacrament of Matrimony" and
+also the Catholic Encyclopedia under "Divorce."</p>
+</div>
+<a name="Footnote_391"></a><a href="#FNanchor_391">[391]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i> 28, <i>Quaest</i>. i, c. 5&#8212;Friedberg, i,
+pp. 1080-1081.
+Licite dimittitur uxor que virum suum cogere querit ad malum.
+Idolatria, quam secuntur infideles, et quelibet noxia superstitio
+fornicatio est. Dominus autem permisit causa fornicationis
+uxorem dimitti. Sed quia dimisit et non iussit, dedit Apostolo
+locum monendi, ut qui voluerit non dimittat uxorem infidelem,
+quo sic fortassis possit fidelis fieri. Si infidelitas fornicatio est,
+et idolatria infidelitas, et avaritia idolatria, non est dubitandum
+et avaritiam fornicationem esse. Quis ergo iam quamlibet
+illicitam concupiscentiam potest recte a fornicationis genere
+separate, si avaritia fornicatio est?</p>
+</div>
+<a name="Footnote_392"></a><a href="#FNanchor_392">[392]</a>
+<div class="note">
+<p> Friedberg, ii, pp. 782 and 783: Quum enim secundum legitimas
+sanctiones, etc.
+</p>
+<p>Lea, in his <i>History of Confession and Indulgences</i>, ii, p.
+87,
+quotes Zanchini, <i>Tract. de Haeret., cap. 33</i>, to the effect that
+goods of a heretic were confiscated and disabilities inflicted on
+two generations of descendants.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_VII"></a>
+<h2><a name="Page_120"></a>CHAPTER VII<br>
+</h2>
+<h2>HISTORY OF WOMEN'S RIGHTS IN ENGLAND</h2>
+<p>Since I have now given a brief summary of
+the canon law, which until the Reformation
+marked the general principles that guided the
+laws of all Europe on the subject of women, I
+propose next to consider more particularly the
+history of women's rights in England; for the
+institutions of England, being the basis of our
+own, will necessarily be more pertinent to us than
+those of Continental countries, to which I shall
+not devote more than a passing comment here and
+there. My inquiry will naturally fall into certain
+well-defined parts. The status of the unmarried
+woman is different from that of her married sister
+and will, accordingly, demand separate consideration.
+The rights of women, again, are to be
+viewed both from the legal and the social standpoint.
+Their legal rights include those of a
+private nature, such as the disposal of property,
+and public rights, such as suffrage, sitting on a
+jury, or holding office. Under social rights are
+included the right to an education, to earn a living,
+and the like. Let us glance first at the history of
+the legal rights of single women.</p>
+<p><a name="Page_121"></a></p>
+<div class="sidenote">Single women: Pollock and Maitland
+i, pp. 482-485.</div>
+<p>From very early times the law has continued
+to put the single woman of mature age on practically
+a par with men so far as private single
+rights are concerned. She could hold
+land, make a will or contract, could sue
+and be sued, all of her own initiative; she
+needed no guardian. She could herself, if a widow,
+be guardian of her own children.</p>
+<div class="sidenote">Pollock and Maitland, ii, 260-313. Blackstone,
+ii, ch.
+13.</div>
+<p>In the case of
+inheritance, however, women have to
+within extremely recent times been
+treated less generously than men. The
+male sex has been preferred in an inheritance;
+males excluded females of equal degree;
+or, in the words of Blackstone: "In collateral
+inheritances the male stock shall be preferred to
+the female; that is, kindred derived from the
+blood of the male ancestors, however remote,
+shall be admitted before those from the blood of
+the female, however near; unless where the lands
+have, in fact, descended from a female. Thus the
+relations on the father's side are admitted <i>in
+infinitum</i> before those on the mother's side are
+admitted at all." Blackstone justly remarks
+that this harsh enactment of the laws of England
+was quite unknown to the Roman law "wherein
+brethren and sisters were allowed to succeed to
+equal portions of the inheritance." As an example,
+suppose we look for the heir of John Stiles,
+deceased. The order of succession would be:</p>
+<p>I. The eldest son, Matthew Stiles, or his issue.</p>
+<p>II. If his line is extinct, then Gilbert Stiles
+<a name="Page_122"></a>and the other sons, respectively, in order of
+birth,
+or their issue.</p>
+<p>III. In default of these, all the daughters together,
+Margarite and Charlotte Stiles, or their
+issue.</p>
+<p>IV. On the failure of the descendants of
+John Stiles himself, the issue of Geoffrey and Lucy
+Stiles, his parents, is called in, viz.: first, Francis
+Stiles, the eldest brother of the whole blood, or
+his issue.</p>
+<p>V. Then Oliver Stiles, and the other whole
+brothers, respectively, in order of birth, or their
+issue.</p>
+<p>VI. Then the sisters of the whole blood all
+together, Bridget and Alice Stiles, or their issue.</p>
+<p>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.</p>
+<p>To public rights, such as sitting on a jury<a name="FNanchor_393"></a><a
+ href="#Footnote_393"><sup>[393]</sup></a> or
+<a name="Page_123"></a>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.</p>
+<div class="sidenote"> Power of Parents.</div>
+<p>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,<a name="FNanchor_394"></a><a
+ href="#Footnote_394"><sup>[394]</sup></a>
+but only to reverence and respect. Now, however,
+by the statute 2 and 3 Vict., c. 54, commonly
+called <i>Talfourd's Act</i>, 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.</p>
+<div class="sidenote"> Husband and wife. Pollock and Maitland, ii,
+399-436.
+<br>
+<br>
+<br>
+<br>
+<br>
+Blackstone, i, ch 15. Bryce, pp.
+818-830.</div>
+<p><a name="Page_124"></a>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 always asserted special jurisdiction.
+By the middle of the twelfth
+century it was law in England that to it belonged
+this prerogative. The ecclesiastical court, for
+example, pronounced in a given case whether
+there had been a valid marriage or not; the temporal
+court took this decision as one of the bases
+for determining a matter of inheritance, whether
+a woman was entitled to dower, and the like. The
+general precepts laid down by canon law in the
+case of a wife have already been noted. These
+rules need now to be supplemented by an account
+of the position of women in marriage under the
+common law.</p>
+<p>Under the older common law the husband was
+very much lord of all he surveyed and even
+more. An old enactment thus describes a husband's
+duty<a name="FNanchor_395"></a><a href="#Footnote_395"><sup>[395]</sup></a>:
+"He shall treat and <i>govern</i> the
+aforesaid A well and decently, and shall not inflict
+nor cause to be inflicted any injury upon the
+aforesaid A except in so far as he may lawfully
+<a name="Page_125"></a>and reasonably do so in accordance with <i>the
+right of a husband to correct and chastise his wife</i>."
+Blackstone, who wrote in 1763, has this to say on
+the husband's power to chastise his wife: "The
+husband also, by the old law, might give his wife
+moderate correction. For, as he is to answer for
+her misbehaviour, the law thought it reasonable to
+intrust him with this power of restraining her,
+by domestic chastisement, in the same moderation
+that a man is allowed to correct his apprentices or
+children, for whom the master or parent is also
+liable in some cases to answer. But this power
+of correction was confined within reasonable
+bounds, and the husband was prohibited from
+using any violence to his wife <i>aliter quam ad,
+virum, ex causa regiminis et castigationis uxoris
+suae, licite et rationabiliter pertinet</i>.<a name="FNanchor_396"></a><a
+ href="#Footnote_396"><sup>[396]</sup></a> The civil law
+gave the husband the same, or a larger, authority
+over his wife; allowing him for some misdemeanours
+<i>flagellis et fustibus acriter verberare uxorem</i> [to give
+his wife a severe beating with whips and clubs];
+for others, only <i>modicam castigationem adhibere</i>
+[to apply moderate correction]. But with us
+in the politer reign of Charles the Second, this
+power of correction began to be doubted; and a
+wife may now have security of the peace against
+her husband, or, in return, a husband against his
+wife. Yet the lower rank of people, who were
+always fond of the old common law, still claim and
+<a name="Page_126"></a>exert their ancient privilege; and the courts of
+law will still permit a husband to restrain a wife
+of her liberty, in case of any gross misbehaviour."
+Doubtless what Mr. Weller, Sr., describes as the
+"amiable weakness" of wife-beating was not
+necessarily confined to the "lower rank." For
+instance, some of the courtly gentlemen of the
+reign of Queen Anne were probably not averse to
+exercising their old-time prerogative. Says Sir
+Richard Steele (<i>Spectator</i>, 479): "I can not deny
+but there are Perverse Jades that fall to Men's
+Lots, with whom it requires more than common
+Proficiency in Philosophy to be able to live.
+When these are joined to men of warm Spirits,
+without Temper or Learning, they are frequently
+corrected with Stripes; but one of our famous
+Lawyers is of opinion, That this ought to be used
+sparingly." The law was, indeed, even worse than
+might appear from the words of Blackstone. The
+wife who feared unreasonable violence could, to be
+sure, bind her husband to keep the peace; but she
+had no action against him. A husband who
+killed his wife was guilty of murder, but the wife
+who slew her husband was adjudged guilty of
+petty treason; and whereas the man would be
+merely drawn and hanged, the woman, until
+the reign of George III, was drawn and burnt
+alive.<a name="FNanchor_397"></a><a href="#Footnote_397"><sup>[397]</sup></a></p>
+<p><a name="Page_127"></a>The right of a husband to restrain a wife's
+liberty
+may not be said to have become completely
+obsolete until the case of <i>Reg. v. Jackson in 1891</i>.<a
+ name="FNanchor_398"></a><a href="#Footnote_398"><sup>[398]</sup></a>
+Wife-beating is still a flagrantly common offence
+in England.</p>
+<div class="sidenote"> Wife's property in marriage.</div>
+<p>Turning now to the question of the wife's
+property in marriage, we shall be forced to believe
+that Blackstone was an optimist of
+unusual magnitude when he wrote that
+the female sex was "so great a favourite
+of the laws of England." Not to weary the reader
+by minute details, I cannot do better than give
+Messrs. Pollock and Maitland's excellent summary
+of the final shape taken by the common law&#8212;
+a glaring piece of injustice, worthy of careful
+reading, and in complete accord with Apostolic
+injunctions: "<span style="font-weight: bold;">I.</span> In the lands
+of which the wife is
+tenant in fee, whether they belonged to her at the
+date of the marriage or came to her during the
+marriage, the husband has an estate which will
+endure during the marriage, and this he can
+alienate without her concurrence. If a child is
+born of the marriage, thenceforth the husband
+as 'tenant by courtesy' has an estate which will
+<a name="Page_128"></a>endure for the whole of his life, and this he
+can
+alienate without the wife's concurrence. The
+husband by himself has no greater power of
+alienation than is here stated; he cannot confer
+an estate which will endure after the end of the
+marriage or (as the case may be) after his own
+death. The wife has during the marriage no
+power to alienate her land without her husband's
+concurrence. The only process by which the fee
+can be alienated is a <i>fine</i> to which both husband
+and wife are parties and to which she gives her
+assent after a separate examination.</p>
+<p>"<span style="font-weight: bold;">II.</span> A widow is entitled to
+enjoy for her life
+under the name of dower one third of any land
+of which the husband was seised in fee at any time
+during the marriage. The result of this is that
+during the marriage the husband cannot alienate
+his own land so as to bar his wife's right of dower,
+unless this is done with her concurrence, and her
+concurrence is ineffectual unless the conveyance
+is made by <i>fine</i>." [This inconvenience for an unscrupulous
+husband was evaded in modern conveyancy
+by a device of extreme ingenuity finally
+perfected only in the eighteenth century. Professor
+James Bryce remarks (p. 820): "As this
+right (i.e., the right of dower) interfered with the
+husband's power of freely disposing of his own
+land, the lawyers at once set about to find means
+of evading it, and found these partly in legal processes
+by which the wife, her consent being ascertained
+by the courts, parted with her right, partly
+<a name="Page_129"></a>by an ingenious device whereby lands could be
+conveyed to a husband without the right of dower
+attaching to them, partly by giving the wife a
+so-called jointure which barred her claim."]</p>
+<p>"<span style="font-weight: bold;">III.</span> Our law institutes no
+community, even
+of movables, between husband and wife. Whatever
+movables the wife has at the date of the
+marriage become the husband's, and the husband
+is entitled to take possession of and thereby to make
+his own whatever movables she becomes entitled
+to during the marriage, and without her concurrence
+he can sue for all debts that are due her.
+On his death, however, she becomes entitled to all
+movables and debts that are outstanding, or (as
+the phrase goes) have not been 'reduced into possession.'
+What the husband gets possession of is
+simply his; he can freely dispose of it <i>inter vivos</i>
+or by will. In the main, for this purpose as for
+other purposes, a 'term of years' is treated as a
+chattel, but under an exceptional rule the husband,
+though he can alienate his wife's 'chattel real'
+<i>inter vivos</i>, cannot dispose of it by his will. If he
+has not alienated it <i>inter vivos</i>, it will be hers if she
+survives him. If he survives her, he is entitled to
+her 'chattels real' and is also entitled to be made
+the administrator of her estate. In that capacity
+he has a right to whatever movables or debts have
+not yet been 'reduced into possession' and, when
+the debts have been paid, he keeps these goods as
+his own. If she dies in his lifetime, she can have
+no other intestate successor. Without his consent
+<a name="Page_130"></a>she can make no will, and any consent that he
+may have given is revocable at any time before
+the will is proved.</p>
+<p>"<span style="font-weight: bold;">IV.</span> Our common law&#8212;but we
+have seen
+that this rule is not very old&#8212;assured no share of
+the husband's personality to the widow. He can,
+even by his will, give all of it away from her except
+her necessary clothes, and with that exception his
+creditors can take all of it. A further exception,
+of which there is not much to be read, is made
+of jewels, trinkets, and ornaments of the person,
+under the name of paraphernalia. The husband
+may sell or give these away in his lifetime, and even
+after his death they may be taken for his debts;
+but he cannot give them away by will. If the
+husband dies during the wife's life and dies intestate
+she is entitled to a third, or, if there be no living
+descendant of the husband, to one half of his
+personality [but see the note of Bryce, above].
+But this is a case of pure intestate succession; she
+only has a share of what is left after payment of
+her husband's debts.</p>
+<p>"<span style="font-weight: bold;">V.</span> During the marriage the
+husband is in
+effect liable to the whole extent of his property for
+debts incurred or wrongs committed by his wife
+before the marriage, also for wrongs committed
+during the marriage. The action is against him
+and her as co-defendants. If the marriage is
+dissolved by his death, she is liable, his estate is
+not. If the marriage is dissolved by her death,
+he is liable as her administrator, but only to the
+<a name="Page_131"></a>extent of the property which he takes in that
+character." [Mr. Ashton, in his very interesting
+book, p. 31, quotes a peculiar note from a Parish
+Register in the reign of Queen Anne to this effect:
+"John Bridmore and Anne Sellwood, both of
+Chiltern all Saints, were married October 17, 1714.
+The aforesaid Anne Sellwood was married in her
+Smock, without any clothes or headgier on."
+"This is not uncommon," remarks Mr. Ashton,
+"the object being, according to a vulgar error, to
+exempt the husband from the payment of any
+debts his wife may have contracted in her ante-nuptial
+condition. This error seems to have
+been founded on a misconception of the law, as it
+is laid down 'the husband is liable for the wife's
+debts, because he acquires an absolute interest in
+the personal estate of his wife.' An unlearned
+person from this might conclude, and not unreasonably,
+that if his wife had no estate whatever
+he could not incur any liability."]</p>
+<p>"<span style="font-weight: bold;">VI.</span> During the marriage the
+wife cannot
+contract on her own behalf. She can contract as
+her husband's agent and has a certain power of
+pledging his credit in the purchase of necessaries.
+At the end of the Middle Ages it is very doubtful
+how far this power is to be explained by an
+'implied agency.' The tendency of more recent
+times has been to allow her no power that cannot
+be thus explained, except in the exceptional case
+of desertion."</p>
+<p>A perusal of these laws shows that they are
+<a name="Page_132"></a>immensely inferior to the Roman law, which not
+only gave the wife full control of her property,
+but protected her from coercion and bullying on
+the part of the husband. The amendment of these
+injustices has been very recent indeed. Successive
+statutes in 1870, 1874, and 1882<a name="FNanchor_399"></a><a
+ href="#Footnote_399"><sup>[399]</sup></a> finally abrogated
+the law which gave the husband full ownership of
+his wife's property by the mere act of marriage.
+Beginning with the year 1857, too, enlightenment
+in England had progressed to such a remarkable
+degree that certain acts were passed forbidding
+a husband to seize his wife's earnings and neglect
+her<a name="FNanchor_400"></a><a href="#Footnote_400"><sup>[400]</sup></a>;
+and she was actually allowed to keep her
+own wages after the desertion of her lord. Before
+that time he might desert his wife repeatedly,
+and return from time to time to take away her
+earnings and sell everything she had acquired.
+An act in 1886 (<i>49 and 50 Vict., c. 52</i>) gave magistrates
+the power to order a husband to pay his
+wife a weekly sum, not exceeding two pounds, for
+her support and that of the children if it appeared
+to the magistrates that the deserting husband had
+<a name="Page_133"></a>the means of maintaining her, but was unwilling
+to do so. Still, the husband can at any time
+terminate his desertion and force his wife to take
+him back on penalty of losing all rights to such
+maintenance. There was frantic opposition to
+all of these revolutionary enactments and many
+prophets arose crying woe; but the acts finally
+passed and England still lives.</p>
+<div class="sidenote"> Divorce. Authorities as above; and Howard, ii,
+3-117.</div>
+<p>Until the Reformation divorce was regulated
+by the canon law in accordance with the principles
+which I have explained. After the
+Reformation the matter at once assumed
+a different aspect because all Protestants
+agreed in denying that marriage is a
+sacrament. Scotland in this as in other respects
+has been more liberal than England; as early as
+1573 desertion as well as adultery had become
+grounds for divorce. But in England the force of
+the canon law continued. In Blackstone's day
+there were still, as under the canon law, only
+two kinds of separation. Complete dissolution
+of the marriage tie (<i>a vinculo matrimonii</i>) took
+place only on a declaration of the Ecclesiastical
+Court that on account of some canonical impediment,
+like consanguinity, the marriage was
+null and void from the beginning. Separation
+"from bed and board" (<i>a mensa et thoro</i>) simply
+gave the parties permission no longer to live
+together and was allowed for adultery or some
+other grave offences, like intolerable cruelty or
+a chronic disease. However, some time before
+<a name="Page_134"></a>Blackstone's day it had become the habit to get
+a dissolution of marriage <i>a vinculo matrimonii</i> for
+adultery by Act of Parliament; but the legal process
+was so tedious, minute, and expensive that only
+the very rich could afford the luxury.<a name="FNanchor_401"></a><a
+ href="#Footnote_401"><sup>[401]</sup></a> In the case
+of a separation <i>a mensa et thoro</i> alimony was allowed
+the wife for her support out of her husband's estate
+at the discretion of the ecclesiastical judges.</p>
+<p>The initiative in divorce by Act of Parliament
+was usually taken by the husband; not until 1801
+did a woman have the temerity so to assert her
+rights. The fact is, ever since the dawn of history
+society has, with its usual double standard of
+morality for men and women, insisted that while
+the husband must never tolerate infidelity on the
+part of the wife, the wife should bear with meekness
+the adulteries of her husband. Plutarch
+in his <i>Conjugal Precepts</i> so advises a wife; and this
+pious frame of mind has continued down the
+centuries to the present day. Devout old Jeremy
+Taylor in his <i>Holy Living</i>&#8212;a book which is read
+by few, but praised by many&#8212;thus counsels the
+suffering wife<a name="FNanchor_402"></a><a href="#Footnote_402"><sup>[402]</sup></a>:
+"But if, after all the fair deportments
+and innocent chaste compliances, the husband
+be morose and ungentle, let the wife discourse
+thus: 'If, while I do my duty, my husband
+neglects me, what will he do if I neglect him?'
+And if she thinks to be separated by reason of her
+<a name="Page_135"></a>husband's unchaste life, let her consider that
+the
+man will be incurably ruined, and her rivals
+could wish nothing more than that they might
+possess him alone." Dr. Samuel Johnson ably
+seconded the holy Jeremy's advice by declaring
+that there is a boundless difference between the
+infidelity of the man and that of the woman. In
+the husband's case "the man imposes no bastards
+upon his wife." Therefore, "wise married women
+don't trouble themselves about infidelity in their
+husbands."<a name="FNanchor_403"></a><a href="#Footnote_403"><sup>[403]</sup></a>
+Until very recent times not only men
+but also women have been unanimous in counselling
+abject submission to and humble adoration of
+the husband. A single example out of hundreds
+will serve excellently as a pattern. In 1821 a
+"Lady of Distinction" writes to a "Relation
+Shortly after Her Marriage" as follows<a name="FNanchor_404"></a><a
+ href="#Footnote_404"><sup>[404]</sup></a>: "The
+most perfect and implicit faith in the superiority
+of a husband's judgment, and the most absolute
+obedience to his desires, is not only the conduct
+that will insure the greatest success, but will give
+the most entire satisfaction. It will take from
+you a thousand cares, which would have answered
+to no purpose; it will relieve you from a weight of
+thought that would be very painful, and in no
+way profitable.... It has its origin in reason,
+<a name="Page_136"></a>in justice, in nature, and in the law of God....
+I have told you how you may, and how people
+who are married do, get a likeness of countenance;
+and in that I have done it. You will understand
+me, that by often looking at your husband's face,
+by smiling on the occasions on which he does, by
+frowning on those things which make him frown,
+and by viewing all things in the light in which you
+perceive he does, you will acquire that likeness of
+countenance which it is an honour to possess, because
+it is a testimony of love.... When your
+temper and your thoughts are formed upon those
+of your husband, according to the plan which I have
+laid down, you will perceive that you have no will,
+no pleasure, but what is also his. This is the
+character the wife of prudence would be apt to
+assume; she would make herself the mirror, to show,
+unaltered, and without aggravation, diminution,
+or distortion, the thoughts, the sentiments, and
+the resolutions of her husband. She would have
+no particular design, no opinion, no thought, no
+passion, no approbation, no dislike, but what
+should be conformable to his own judgment ...
+I would have her judgment seem the reflecting
+mirror to his determination; and her form the
+shadow of his body, conforming itself to his
+several positions, and following it in all its movements ...
+I would not have you silent; nay,
+when trifles are the subject, talk as much as any
+of them; but distinguish when the discourse turns
+upon things of importance."</p>
+<p><a name="Page_137"></a>It is not strange, therefore, that no woman
+protested publicly against a husband's infidelity
+until 1801. Up to 1840 there were but three cases
+of a woman's taking the initiative in divorce,
+namely, in 1801, 1831, and 1840; and in each case
+the man's adultery was aggravated by other
+offences. In two other suits the Lords rejected
+the petition of the wife, although the misconduct
+of the husband was clearly proved. But redress
+was still by the elaborate machinery of Act of
+Parliament and hence a luxury only for the
+wealthy until 1857, when a special Court for
+Divorce and Matrimonial Causes was established.<a name="FNanchor_405"></a><a
+ href="#Footnote_405"><sup>[405]</sup></a>
+Nevertheless, the law as it stands to-day is not of
+a character to excite admiration or to prove the
+existence of the proverbial "British Fair Play."
+A husband can obtain a divorce upon proof of his
+wife's infidelity; but the wife can get it only by
+proving, in addition to the husband's adultery,
+either that it was aggravated by bigamy or incest
+or that it was accompanied by cruelty or by two
+years' desertion. Misconduct by the husband
+bars him from obtaining a divorce. The court is
+empowered to regulate at its discretion the property
+rights of divorced people and the custody of
+the children.<a name="FNanchor_406"></a><a href="#Footnote_406"><sup>[406]</sup></a>
+All attempts have failed to make the
+law recognise that the misconduct of the husband
+shall be regarded equally as culpable as the wife's.</p>
+<div class="sidenote"> Rape and the age of legal consent.</div>
+<p><a name="Page_138"></a>We may pause a moment to glance at the
+provisions made by the criminal law for protecting
+women. The offence that most closely
+touches women is rape. The punishment
+of this in Blackstone's day was
+death<a name="FNanchor_407"></a><a href="#Footnote_407"><sup>[407]</sup></a>;
+but in the next century the death penalty
+was repealed and transportation for life substituted.<a
+ name="FNanchor_408"></a><a href="#Footnote_408"><sup>[408]</sup></a>
+The saddest blot on a presumably
+Christian civilisation connected with this matter
+is the so-called "age of legal consent." Under the
+older Common Law this was <i>ten</i> or <i>twelve;</i> in 1885
+it was <i>thirteen</i>, at which period a girl was supposed
+to be at an age to know what she was doing. But
+in the year 1885 Mr. Stead told the London public
+very plainly those hideous truths about crimes
+against young girls which everybody knew very
+well had been going on for centuries, but which
+no one ever before had dared to assert. The
+result was that Parliament raised the "age of
+legal consent" to sixteen, where it now stands.<a name="FNanchor_409"></a><a
+ href="#Footnote_409"><sup>[409]</sup></a>
+<a name="Page_139"></a>The idea that any girl of this age is
+sufficiently
+mature to know what she is doing by consenting
+to the lust of scoundrels is a fine commentary on
+the acuteness of the legal intellect and the high
+moral convictions of legislators.</p>
+<div class="sidenote"> Women's rights to an education.</div>
+<p>The rights of women to a higher education is
+distinctly a movement of the last half of the nineteenth
+century. It is true that throughout
+history there are many examples
+of remarkably well-educated women&#8212;Lady
+Jane Grey, for example, or Queen Elizabeth,
+or Olympia Morata, in Italy, she who in the golden
+period of the Renaissance became a professor at
+sixteen and wrote dialogues in Greek after the
+manner of Plato. But on looking closely into these
+instances we shall find first that these ladies were
+of noble rank and only thanks to their lofty position
+had access to knowledge; and secondly that
+they stand out as isolated cases&#8212;the great masses
+of women never dreamed beyond the traditional
+Kleider, K&uuml;che, Kinder, and Kirche. That an
+elementary education, consisting of reading, writing,
+and simple arithmetic, was offered them
+freely by hospital, monastery, and the like
+schools even as early as Chaucer&#8212;this we know;
+nevertheless, beyond that they were not supposed
+to aspire. So very recently, indeed, have women
+<a name="Page_140"></a>secured the rights to a higher education that
+many thousands to-day can easily recall the
+intensely bitter attacks which were directed
+against colleges like Wellesley and Bryn Mawr in
+their inception. Until the middle of the nineteenth
+century the whole education&#8212;what there
+was of it&#8212;of a girl was arranged primarily with a
+view to capture a husband and, once having him
+secure, to be his loving slave, to dwell with adoring
+rapture on his superior learning, and to be humbly
+grateful if her liege deigned from time to time to
+throw his spouse some scraps of knowledge which
+might be safely administered without danger of
+making her think for herself. These facts no one
+can well deny; but a few instances of prevalent
+opinion, in addition to those which I have already
+quoted, will afford the amusement of concrete
+examples.</p>
+<p>Mrs. Chapone, in the eighteenth century,
+advised her niece to avoid the study of classics
+and science lest she "excite envy in one sex and
+jealousy in the other." Lady Mary Wortley
+Montagu laments thus: "There is hardly a
+creature in the world more despicable and more
+liable to universal ridicule than a learned woman,"
+and "folly is reckoned so much our proper sphere,
+we are sooner pardoned any excesses of that than
+the least pretensions to reading and good sense."
+Pursuant to the prevailing sentiment on the
+education of women, the subjects which they
+studied and the books which they were allowed
+<a name="Page_141"></a>to read were carefully regulated. As to their
+reading, it was confined to romantic tales whereof
+the exceeding insipidity could not awaken any
+symptom of intelligence. Lyly dedicated his
+<i>Euphues</i> to the "Ladies and Gentlewomen of
+England" and Sidney's <i>Arcadia</i> owed its vast
+success to its female readers.</p>
+<p>The subjects studied followed the orthodox
+views. Beginning with the reign of Queen Anne
+boarding-schools for girls became very numerous.
+At these schools "young Gentlewomen" were
+"soberly educated" and "taught all sorts of
+learning fit for young Gentlewomen." The
+"learning fit for young Gentlewomen" comprised
+"the Needle, Dancing, and the French tongue; a
+little Music on the Harpsichord or Spinet, to read,
+write, and cast accounts in a small way." Dancing
+was the all-important study, since this was
+the surest route to their Promised Land, matrimony.
+The study of French consisted in learning
+parrot-like a modicum of that language pronounced
+according to the fancy of the speaker. As, however,
+the young beau probably did not know any
+more himself, the end justified the means. Studies
+like history, when pursued, were taken in homoeopathic
+doses from small compendiums; and it was
+adequate to know that Charlemagne lived somewhere
+in Europe about a thousand or so years ago.
+Yet even this was rather advanced work and
+exposed the woman to be damned by the report
+that she was educated. Ability to cook was not
+<a name="Page_142"></a>despised and pastry schools were not uncommon.
+Thus in the time of Queen Anne appears this:
+"To all Young Ladies: at Edw. Kidder's Pastry
+School in little Lincoln's Inn Fields are taught all
+Sorts of Pastry and Cookery, Dutch hollow works,
+and Butter Works," etc.</p>
+<p>At last in the first decades of the nineteenth
+century the civilised world began slowly to take
+some thought of women's higher education and
+to wake up to the fact that because a certain
+system has been in vogue since created man does
+not necessarily mean that it is the right one; a
+very heretical and revolutionary idea, which has
+always been and still is ably opposed by that great
+host of people who have steadily maintained that
+when men and women once begin to think for
+themselves society must inevitably run to ruin.
+In 1843 there was established a certain Governesses'
+Benevolent Institution. This was in its inception
+a society to afford relief to governesses, i.e.,
+women engaged in tutoring, who might be temporarily
+in straits, and to raise annuities for those
+who were past doing work. Obviously this would
+suggest the question of what a competent governess
+was; and this in turn led to the demand for a
+diploma as a warrant of efficiency. That called
+attention to the extreme ignorance of the members
+of the profession; and it was soon felt that classes
+of instruction were needed. A sum of money
+was accordingly collected in 1846 and given
+the Institution for that purpose. Some eminent
+<a name="Page_143"></a>professors of King's College volunteered to
+lecture;
+and so, on a small scale to be sure, began what
+is now Queen's College, the first college for women
+in England, incorporated by Royal Charter in
+1853. In 1849 Bedford College for women had
+been founded in London through the unselfish
+labours of Mrs. Reid; but it did not receive its
+charter until 1869. Within a decade Cheltenham,
+Girton, Newnham, and other colleges for women
+had arisen. Eight of the ten men's universities
+of Great Britain now allow examinations and
+degrees to women also; Oxford and Cambridge
+do not.</p>
+<div class="sidenote"> Women in the professions.</div>
+<p>Since then women's right to any higher education
+which they may wish to embrace has been
+permanently assured. As early as 1868
+Edinburgh opened its courses in pharmacy
+to women. In 1895 there were already
+264 duly qualified female physicians in Great
+Britain. In many schools they are allowed to
+study with men, as at the College of Physicians
+and Surgeons at Edinburgh; there are four medical
+schools for women only. We find women now
+actively engaged in agriculture, apiculture, poultry-keeping,
+horticulture; in library work and indexing;
+in stenography; in all trades and professions.
+The year 1893 witnessed the first appointment of
+women as factory inspectors, two being chosen
+that year in London and in Glasgow. Nottingham
+had chosen women as sanitary inspectors in
+1892. Thus in about two decades woman has
+<a name="Page_144"></a>advanced farther than in the combined ages which
+preceded. Before these very modern movements
+we may say that the stage was the only
+profession which had offered them any opportunity
+of earning their living in a dignified way. It
+seems that a Mrs. Coleman, in 1656, was the
+first female to act on the stage in England; before
+that, all female parts had been taken by boys
+or young men. A Mrs. Sanderson played Desdemona
+in 1660 at the Clare Market Theatre. In
+1661, as we may see from Pepys' <i>Diary</i> (Feb. 12,
+1661), an actress was still a novelty; but within
+a few decades there were already many famous
+ones.</p>
+<div class="sidenote"> Woman suffrage in England</div>
+<p>We have seen that now woman has obtained
+practically all rights on a par with men. There
+are still grave injustices, as in divorce;
+but the battle is substantially won. One
+right still remains for her to win, the
+right, namely, to vote, not merely on issues such
+as education&#8212;this privilege she has had for some
+time&#8212;but on all political questions; and connected
+with this is the right to hold political office. We
+may fittingly close this chapter by a review of the
+history of the agitation for woman suffrage.</p>
+<p>In the year 1797 Charles Fox remarked: "It
+has never been suggested in all the theories and
+projects of the most absurd speculation, that it
+would be advisable to extend the elective suffrage
+to the female sex." Yet five years before Mary
+Wollstonecraft had published her <i>Vindication of
+<a name="Page_145"></a>the Rights of Women</i>. Presently the writings
+of
+Harriet Martineau upon political economy proved
+that women could really think on politics.</p>
+<p>We may say that the general public first began
+to think seriously on the matter after the epoch-making
+Reform Act of 1832. This celebrated
+measure admitted &pound;10 householders to the right
+to vote and carefully excluded females; yet it
+marked a new era in the awakening of civic
+consciousness: women had taken active part in the
+attendant campaigns; and the very fact that
+"male persons" needed now to be so specifically
+designated in the bill, whereas hitherto "persons"
+and "freeholders" had been deemed sufficient,
+attests the recognition of a new factor in
+political life.</p>
+<p>In 1865 John Stuart Mill was elected to Parliament.
+That able thinker had written on <i>The
+Subjection of Women</i> and was ready to champion
+their rights. A petition was prepared under the
+direction of women like Mrs. Bodichon and Miss
+Davies; and in 1867 Mill proposed in Parliament
+that the word <i>man</i> be omitted from the People's
+Bill and <i>person</i> substituted. The amendment
+was rejected, 196 to 83.</p>
+<p>Nevertheless, the agitation was continued. The
+next year constitutional lawyers like Mr. Chisholm
+Anstey decided that women might be legally
+entitled to vote; and 5000 of them applied
+to be registered. In a test case brought before the
+Court of Common Pleas the verdict was adverse,
+<a name="Page_146"></a>on the ground that it was contrary to usage for
+women to vote. The fight went on. Mr. Jacob
+Bright in 1870 introduced a "Bill to Remove the
+Electoral Disabilities of Women" and lost. In
+1884 Mr. William Woodall tried again; he lost
+also, largely through the efforts of Gladstone; and
+the same statesman was instrumental in killing
+another bill in 1892, when Mr. A.J. Balfour urged
+its passage.</p>
+<p>At the present day women in England cannot
+vote on great questions of universal state policy
+nor can they hold great offices of state. Yet their
+gains have been enormous, as I shall next demonstrate;
+and in this connection I shall also
+glance briefly at their vast strides in the colonies.</p>
+<p>In 1850 Ontario gave all women school suffrage.
+In 1867 New South Wales gave them municipal
+suffrage. In 1869 England granted municipal
+suffrage to single women and widows; Victoria
+gave it to all women, married or single. In
+England in 1870 the Education Act, by which
+school boards were created, gave women the
+same rights as men, both as regards electing and
+being elected. In 1871 West Australia gave them
+municipal suffrage; in 1878 New Zealand gave
+school suffrage. In 1880 South Australia gave
+municipal suffrage. In 1881 widows and single
+women obtained municipal suffrage in Scotland
+and Parliamentary suffrage on the Isle of Man.
+Municipal suffrage was given by Ontario and
+Tasmania in 1884 and by New Zealand and New
+<a name="Page_147"></a>Brunswick in 1886; by Nova Scotia and Manitoba
+in 1887. In 1888 England gave women county
+suffrage and British Columbia and the North-West
+Territory gave them municipal suffrage. In 1889
+county suffrage was given the women of Scotland
+and municipal suffrage to single women and
+widows in the Province of Quebec. In 1893 New
+Zealand gave full suffrage. In 1894 parish and
+district suffrage was given in England to women
+married and single, with power to elect and to be
+elected to parish and district councils. In 1895
+South Australia gave full state suffrage to all
+women. In 1898 the women of Ireland were
+given the right to vote for all officers except
+members of Parliament. In 1900 West Australia
+granted full state suffrage to all. In 1902 full
+national suffrage was given all the women in
+federated Australia and full state suffrage to those
+of New South Wales. In 1903 Tasmania gave
+full state suffrage; in 1905 Queensland did the
+same; in 1908 Victoria followed. In 1907 England
+made women eligible as mayors, aldermen, and
+county and town councillors. In London, for example,
+at the present time women can vote for
+the 28 borough councils and 31 boards of guardians
+of the London City Council; they can also be
+themselves elected to these; be members of the
+central unemployed body or of the 23 district
+committees, and can be co-opted to all other
+bodies, like the local pension committees.
+Women can be aldermen of the Council; and there is
+<a name="Page_148"></a>nothing to prevent one from holding even the
+office of chairman.</p>
+<p>At the present moment the cause of woman
+suffrage in England is being furthered chiefly by
+two organizations which differ in methods. The
+National Union of Women's Suffrage Societies has
+adopted the "constitutional" or peaceful policy;
+but the National Women's Social and Political
+Union is "militant" and coercive.<br>
+<br>
+</p>
+<h4 style="text-align: left;">SOURCES:</h4>
+<p>I. The English Statutes. Published by Authority during
+the Various Reigns.</p>
+<p>II. Studies in History and Jurisprudence: by James Bryce.
+Oxford University Press, 1901. Pages 782-859 on "Marriage
+and Divorce."</p>
+<p>III. History of English Law: by Frederick Pollock and
+Frederic Maitland. 2 vols. Cambridge University Press,
+1898&#8212;second edition.</p>
+<p>IV. Commentaries on the Laws of England: by Sir William
+Blackstone. With notes selected from the editions of Archbold,
+Christian, Coleridge, etc., and additional notes by George
+Sharswood, of the University of Pennsylvania. 2 vols. Philadelphia,
+1860&#8212;Childs and Peterson, 602 Arch Street.</p>
+<p>V. A History of Matrimonial Institutions, chiefly in England
+and the United States: by George Elliott Howard. 4 vols. The
+University of Chicago Press, 1904.</p>
+<p>VI. Social England: edited by H.D. Traill. 6 vols. G.P.
+Putnam's Sons, 1901.</p>
+<p>VII. Social Life in the Reign of Queen Anne, taken from
+original sources: by John Ashton. London, Chatto and Windus,
+1897.</p>
+<p>VIII. The Renaissance of Girls' Education in England: by
+Alice Zimmern. London, A.D. Innes and Co., 1898.</p>
+<p>IX. Progress in Women's Education in the British Empire:
+<a name="Page_149"></a>edited by the Countess of Warwick. Being the
+Report of the
+Education Section, Victorian Era Exhibition, 1897. Longmans,
+Green, &amp; Co., 1898.</p>
+<p>X. Current Literature from the Earliest Times to the Present
+Day, references to which are noted as they occur.<br>
+<br>
+</p>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_393"></a><a href="#FNanchor_393">[393]</a>
+<div class="note">
+<p> If a woman sentenced to execution declared she was pregnant,
+a jury of twelve matrons could be appointed on a writ
+<i>de venire inspiciendo</i> to determine the truth of the matter; for
+she could not be executed if the infant was alive in the womb.
+The same jury determined the case of a widow who feigned herself
+with child in order to exclude the next heir and when she
+was suspected of trying to palm off a supposititious birth. But
+from all other jury duties women have always been excluded
+"on account of the weakness of the sex"&#8212;<i>propter defectum sexus</i>.</p>
+</div>
+<a name="Footnote_394"></a><a href="#FNanchor_394">[394]</a>
+<div class="note">
+<p> Blackstone, i, ch. 16.</p>
+</div>
+<a name="Footnote_395"></a><a href="#FNanchor_395">[395]</a>
+<div class="note">
+<p> Reg. Brev. Orig., f. 89: quod ipse praefatam A bene et honeste
+tractabit et gubernabit, ac damnum vel malum aliquod eidem
+A de corpore suo, aliter quam ad virum suum ex causa regiminis
+et castigationis uxoris suae licite et rationabiliter pertinet, non
+faciet nec fieri procurabit.</p>
+</div>
+<a name="Footnote_396"></a><a href="#FNanchor_396">[396]</a>
+<div class="note">
+<p> "Except in so far as he may lawfully and reasonably do so
+in order to correct and chastise his wife."</p>
+</div>
+<a name="Footnote_397"></a><a href="#FNanchor_397">[397]</a>
+<div class="note">
+<p> The learned commentator Christian adds a few more cases
+where formerly the criminal law was harshly prejudiced against
+women. Thus: "By the Common Law, all women were denied
+the benefit of clergy; and till the 3 and 4 <i>W. and M</i>., c. 9
+[William
+and Mary] they received sentence of death and might have been
+executed for the first offence in simple larceny, bigamy, manslaughter,
+etc., however learned they were, merely because their
+sex precluded the possibility of their taking holy orders; though a
+man who could read was for the same crime subject only to
+burning in the hand and a few months' imprisonment."</p>
+</div>
+<a name="Footnote_398"></a><a href="#FNanchor_398">[398]</a>
+<div class="note">
+<p> I Q.B. p. 671&#8212;in the Court of Appeal.</p>
+</div>
+<a name="Footnote_399"></a><a href="#FNanchor_399">[399]</a>
+<div class="note">
+<p> <i>Married Women's Property Act</i>, 45 and 46 V., c. 75&#8212;Aug.
+18, 1882.</p>
+</div>
+<a name="Footnote_400"></a><a href="#FNanchor_400">[400]</a>
+<div class="note">
+<p> Note this incident, from the <i>Westminister Review</i>, October,
+1856: "A lady whose husband had been unsuccessful in business
+established herself as a milliner in Manchester. After some
+years of toil she realised sufficient for the family to live upon
+comfortably,
+the husband having done nothing meanwhile. They
+lived for a time in easy circumstances after she gave up business
+and then the husband died, <i>bequeathing all his wife's earnings to
+his own illegitimate children</i>. At the age of 62 she was compelled,
+in order to gain her bread, to return to business."</p>
+</div>
+<a name="Footnote_401"></a><a href="#FNanchor_401">[401]</a>
+<div class="note">
+<p> For a full account of the elaborate machinery see Chitty's
+note to Blackstone, vol. i, p. 441, of Sharswood's edition.</p>
+</div>
+<a name="Footnote_402"></a><a href="#FNanchor_402">[402]</a>
+<div class="note">
+<p> <i>Holy Living, ch. 3, section I: Rules for Married Persons.</i></p>
+</div>
+<a name="Footnote_403"></a><a href="#FNanchor_403">[403]</a>
+<div class="note">
+<p> Boswell, vii, 288. Perhaps if the venerable Samuel had had
+the statistics of venereal disease given by adulterous husbands
+to wives and children he might not have been so sure of his
+contention.</p>
+</div>
+<a name="Footnote_404"></a><a href="#FNanchor_404">[404]</a>
+<div class="note">
+<p> Quoted by Professor Thomas in the <i>American Magazine</i>,
+July, 1909.</p>
+</div>
+<a name="Footnote_405"></a><a href="#FNanchor_405">[405]</a>
+<div class="note">
+<p> See 20 and 21 V., c. 85&#8212;Aug. 28. 1857.</p>
+</div>
+<a name="Footnote_406"></a><a href="#FNanchor_406">[406]</a>
+<div class="note">
+<p> See 7 Edw., c. 12&#8212;Aug. 9, 1907&#8212;Matrimonial Causes Act,
+which also gives the court discretion in alimony.</p>
+</div>
+<a name="Footnote_407"></a><a href="#FNanchor_407">[407]</a>
+<div class="note">
+<p> Blackstone, iv, ch. 15.</p>
+</div>
+<a name="Footnote_408"></a><a href="#FNanchor_408">[408]</a>
+<div class="note">
+<p> 4 <i>and</i> 5 <i>V., c.</i> 56, <i>s.</i> 3.</p>
+</div>
+<a name="Footnote_409"></a><a href="#FNanchor_409">[409]</a>
+<div class="note">
+<p> The Criminal Law Amendment Act, 1885, 48 <i>and</i> 49 <i>V. c.</i>
+69, section 5: "Any person who (1) unlawfully and carnally knows
+or attempts to have unlawful carnal knowledge of any girl being
+of or above the age of thirteen years and under the age of sixteen,
+or (2) unlawfully and carnally knows or attempts to have carnal
+knowledge of any female idiot or imbecile woman or girl under
+circumstances which do not amount to rape, but which prove
+that the offender knew at the time of the commission of the offence
+that the woman or girl was an idiot or imbecile, shall be
+guilty of a misdemeanour, and being convicted thereof shall be
+liable at the discretion of the Court to be imprisoned for any
+term not exceeding two years, with or without hard labour."
+Section 4: "Any one who unlawfully and carnally knows any
+girl under the age of thirteen shall be guilty of felony, and being
+convicted thereof shall be liable to be kept in penal servitude for
+life." Any one who merely attempts it can be imprisoned for
+any term not exceeding two years, with or without hard labour.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_VIII"></a>
+<h2><a name="Page_150"></a>CHAPTER VIII</h2>
+<h2>WOMEN'S RIGHTS IN THE UNITED STATES</h2>
+<p>It has been my aim, in this short history of the
+growth of women's rights, to depict for the
+most part the strictly legal aspect of the matter;
+but from time to time I have interposed some
+typical illustration of public opinion, in order to
+bring into greater prominence the ferment that
+was going on or the misery which existed behind
+the scenes. A history of legal processes might
+otherwise, from the coldness of the laws, give
+few hints of the conflicts of human passion which
+combined to set those processes in motion. Before
+I present the history of the progress of women's
+rights in the United States, I shall place before
+the reader some extracts which are typical and
+truly representative of the opposition which from
+the beginning of the agitation to the present day
+has voiced itself in all ranks of life. Let the
+reader bear carefully in mind that from 1837 to the
+beginning of the twentieth century such abuse
+as that which I shall quote as typical was hurled
+from ten thousand throats of men and women
+unceasingly; that Mrs. Stanton, Miss Anthony,
+and Mrs. Gage were hissed, insulted, and offered
+<a name="Page_151"></a>physical violence by mobs in New York<a
+ name="FNanchor_410"></a><a href="#Footnote_410"><sup>[410]</sup></a>
+and
+Boston to an extent inconceivable in this age; and
+that the marvellously unselfish labour of such
+women as these whom I have mentioned and of
+men like Wendell Phillips is alone responsible
+for the improvement in the legal status of
+women, which I propose to trace in detail. Some
+expressions of the popular attitude follow:</p>
+<div class="sidenote"> Examples of opposition to women's rights.</div>
+<p>From a speech of the Rev. Knox-Little at the
+Church of St. Clements in Philadelphia in 1880:
+"God made himself to be born of a woman
+to sanctify the virtue of endurance;
+loving submission is an attribute of a
+woman; men are logical, but women,
+lacking this quality, have an intricacy of thought.
+There are those who think women can be taught
+logic; this is a mistake. They can never by any
+power of education arrive at the same mental status
+as that enjoyed by men, but they have a quickness
+of apprehension, which is usually called leaping
+at conclusions, that is astonishing. There, then,
+we have distinctive traits of a woman, namely,
+endurance, loving submission, and quickness of
+apprehension. Wifehood is the crowning glory
+of a woman. In it she is bound for all time. To
+her husband she owes the duty of unqualified
+obedience. There is no crime which a man can
+commit which justifies his wife in leaving him or
+<a name="Page_152"></a>applying for that monstrous thing, divorce. It
+is
+her duty to subject herself to him always, and no
+crime that he can commit can justify her lack
+of obedience. If he be a bad or wicked man, she
+may gently remonstrate with him, but refuse him
+never. Let divorce be anathema; curse it; curse
+this accursed thing, divorce; curse it, curse it!
+Think of the blessedness of having children. I am
+the father of many children and there have been
+those who have ventured to pity me. 'Keep your
+pity for yourself,' I have replied, 'they never cost
+me a single pang.' In this matter let woman
+exercise that endurance and loving submission
+which, with intricacy of thought, are their only
+characteristics."</p>
+<p>From the Philadelphia <i>Public Ledger and Daily
+Transcript</i>, July 20, 1848: "Our Philadelphia ladies
+not only possess beauty, but they are celebrated
+for discretion, modesty, and unfeigned diffidence,
+as well as wit, vivacity, and good nature. Who
+ever heard of a Philadelphia lady setting up for a
+reformer or standing out for woman's rights, or assisting
+to <i>man</i> the election grounds [<i>sic</i>], raise a regiment,
+command a legion, or address a jury? Our
+ladies glow with a higher ambition. They soar to
+rule the hearts of their worshippers, and secure
+obedience by the sceptre of affection.... But all
+women are not as reasonable as ours of Philadelphia.
+The Boston ladies contend for the rights
+of women. The New York girls aspire to mount
+the rostrum, to do all the voting, and, we suppose,
+<a name="Page_153"></a>all the fighting, too.... Our Philadelphia girls
+object to fighting and holding office. They prefer
+the baby-jumper to the study of Coke and Lyttleton,
+and the ball-room to the Palo Alto battle.
+They object to having a George Sand for President
+of the United States; a Corinna for Governor; a
+Fanny Wright for Mayor; or a Mrs. Partington for
+Postmaster.... Women have enough influence
+over human affairs without being politicians....
+A woman is nobody. A wife is everything.
+A pretty girl is equal to ten thousand
+men, and a mother is, next to God, all powerful....
+The ladies of Philadelphia, therefore, under
+the influence of the most 'sober second thoughts'
+are resolved to maintain their rights as Wives,
+Belles, Virgins, and Mothers, and not as Women."</p>
+<p>From the "Editor's Table" of <i>Harper's New
+Monthly Magazine</i>, November, 1853: "Woman's
+Rights, or the movement that goes under that
+name, may seem to some too trifling in itself and
+too much connected with ludicrous associations
+to be made the subject of serious arguments.
+If nothing else, however, should give it consequence,
+it would demand our earnest attention
+from its intimate connection with all the radical
+and infidel movements of the day. A strange
+affinity seems to bind them all together....
+But not to dwell on this remarkable connection&#8212;the
+claim of 'woman's rights' presents not only
+the common radical notion which underlies the
+whole class, but also a peculiar enormity of its
+<a name="Page_154"></a>own; in some respects more boldly infidel, or
+defiant both of nature and revelation, than that
+which characterises any kindred measure. It is
+avowedly opposed to the most time-honoured proprieties
+of social life; it is opposed to nature;
+it is opposed to revelation.... This unblushing
+female Socialism defies alike apostles and prophets.
+In this respect no kindred movement is so decidedly
+infidel, so rancorously and avowedly anti-biblical.</p>
+<p>"It is equally opposed to nature and the established
+order of society founded upon it. We do
+not intend to go into any physiological argument.
+There is one broad striking fact in the constitution
+of the human species which ought to set the
+question at rest for ever. This is the fact of
+maternity.... From this there arise, in the first
+place, physical impediments which, during the best
+part of the female life, are absolutely insurmountable,
+except at a sacrifice of almost everything that
+distinguishes the civilized human from the animal,
+or beastly, and savage state. As a secondary, yet
+inevitably resulting consequence, there come
+domestic and social hindrances which still more
+completely draw the line between the male
+and female duties.... Every attempt to break
+through them, therefore, must be pronounced as
+unnatural as it is irreligious and profane....
+The most serious importance of this modern
+'woman's rights' doctrine is derived from its
+direct bearing upon the marriage institution. The
+<a name="Page_155"></a>blindest must see that such a change as is
+proposed
+in the relations and life of the sexes cannot leave
+either marriage or the family in their present state.
+It must vitally affect, and in time wholly sever,
+that oneness which has ever been at the foundation
+of the marriage idea, from the primitive
+declaration in Genesis to the latest decision of the
+common law. This idea gone&#8212;and it is totally
+at war with the modern theory of 'woman's rights'&#8212;marriage
+is reduced to the nature of a contract
+simply.... That which has no higher sanction
+than the will of the contracting parties, must, of
+course, be at any time revocable by the same
+authority that first created it. That which makes
+no change in the personal relations, the personal
+rights, the personal duties, is not the holy marriage
+<i>union</i>, but the unholy <i>alliance</i> of concubinage."</p>
+<p>In a speech of Senator George G. Vest, of
+Missouri, in the United States Senate, January 25,
+1887, these: "I now propose to read from a pamphlet
+sent to me by a lady.... She says to her
+own sex: 'After all, men work for women; or, if
+they think they do not, it would leave them but
+sorry satisfaction to abandon them to such existence
+as they could arrange without us.'</p>
+<p>"Oh, how true that is, how true!"</p>
+<p>In 1890 a bill was introduced in the New York
+Senate to lower the "age of consent"&#8212;the age at
+which a girl may legally consent to sexual intercourse&#8212;from
+16 to 14. It failed. In 1892 the
+brothel keepers tried again in the Assembly. The
+<a name="Page_156"></a>bill was about to be carried by universal
+consent
+when the chairman of the Judiciary Committee,
+feeling the importance of the measure, called for
+the individual yeas and nays, in order that the
+constituents of the representatives might know
+how their legislators voted. The bill thereupon
+collapsed. In 1889 a motion was made in the
+Kansas Senate to lower the age of consent from
+18 to <i>12</i>. But the public heard of it; protests
+flowed in; and under the pressure of these the law
+was allowed to remain as it was.</p>
+<p>Such are some typical examples of the warfare of
+the opposition to all that pertains to advancing
+the status of women. As I review the progress
+of their rights, let the reader recollect that this
+opposition was always present, violent, loud, and
+often scurrilous.</p>
+<p>In tracing the history of women's rights in the
+United States my plan will be this: I shall first give
+a general review of the various movements connected
+with the subject; and I shall then lay
+before the reader a series of tables, wherein may
+be seen at a glance the status of women to-day in
+the various States.</p>
+<div class="sidenote"> Single women.</div>
+<div class="sidenote"><br>
+<br>
+<br>
+History of agitation for women's rights.</div>
+<p>In our country, as in England, single women
+have at all times had practically the same legal
+rights as men; but by no means the
+same political, social, educational, or
+professional privileges; as will appear more conclusively
+later on.</p>
+<p><a name="Page_157"></a>We may say that the history of the agitation
+for
+women's rights began with the visit of Frances
+Wright to the United States in 1820.
+Frances Wright was a Scotchwoman, born
+at Dundee in 1797, and early exhibited
+a keen intellect on all the subjects which
+concern political and social reform. For several
+years after 1820 she resided here and strove to
+make men and women think anew on old traditional
+beliefs&#8212;more particularly on theology,
+slavery, and the social degradation of women.
+The venomous denunciations of press and pulpit
+attested the success of her efforts. In 1832
+Lydia Maria Child published her <i>History of
+Woman</i>, a r&eacute;sum&eacute; of the status of women; and
+this was followed by numerous works and articles,
+such as Margaret Fuller's, <i>The Great Lawsuit, or
+Man vs. Woman: Woman vs. Man</i>, and Eliza
+Farnham's <i>Woman and her Era</i>. Various women
+lectured; such as Ernestine L. Rose&#8212;a Polish
+woman, banished for asserting her liberty. The
+question of women's rights received a powerful
+impetus at this period from the vast number of
+women who were engaged in the anti-slavery
+agitation. Any research into the validity of
+slavery perforce led the investigators to inquire
+into the justice of the enforced status of women;
+and the two causes were early united. Women
+like Angelina and Sarah Grimk&eacute; and Lucretia
+Mott were pioneers in numerous anti-slavery
+conventions. But as soon as they dared to
+<a name="Page_158"></a>address meetings in which men were present, a
+tempest was precipitated; and in 1840, at the
+annual meeting of the Anti-Slavery Association,
+the men refused to serve on any committee in
+which any woman had a part; although it had
+been largely the contributions of women which
+were sustaining the cause. Affairs reached a
+climax in London, in 1840, at the World's Anti-Slavery
+Convention. Delegates from all anti-slavery
+organisations were invited to take part;
+and several American societies sent women to
+represent them. These ladies were promptly denied
+any share in the proceedings by the English
+members, thanks mainly to the opposition of the
+clergy, who recollected with pious satisfaction that
+St. Paul permitted not a woman to teach. Thereupon
+Lucretia Mott and Elizabeth Cady Stanton
+determined to hold a women's rights convention
+as soon as they returned to America; and thus
+a World's Anti-Slavery Convention begat an
+issue equally large.</p>
+<p>Accordingly, the first Women's Rights Convention
+was held at Seneca Falls, New York,
+July 19-20, 1848. It was organised by <i>divorced
+wives, childless women, and sour old maids</i>, the
+gallant newspapers declared; that is, by Mrs.
+Elizabeth Cady Stanton, Mrs. Lucretia Mott,
+Mrs. McClintock, and other fearless women, who
+not only lived the purest and most unselfish of
+domestic lives, but brought up many children
+besides. Great crowds attended. A <i>Declaration
+<a name="Page_159"></a>of Sentiments</i> was moved and adopted; and as
+this
+exhibits the temper of the convention and illustrates
+the then prevailing status of women very
+clearly, I shall quote it:</p>
+<p>DECLARATION OF SENTIMENTS</p>
+<p>"When, in the course of human events, it
+becomes necessary for one portion of the family
+of man to assume among the people of the earth a
+position different from that which they have
+hitherto occupied, but one to which the laws of
+nature and of nature's God entitle them, a decent
+respect to the opinions of mankind requires that
+they should declare the causes which impel them
+to such a course.</p>
+<p>"We hold these truths to be self-evident: that
+all men and women are created equal; that they
+are endowed by their Creator with certain inalienable
+rights; that among these are life, liberty,
+and the pursuit of happiness; that to secure these
+rights governments are instituted, deriving their
+just powers from the consent of the governed.
+Whenever any form of government becomes destructive
+of those ends, it is the right of those who
+suffer from it to refuse allegiance to it, and to insist
+upon the institution of a new government, laying
+its foundation on such principles, and organising
+its powers in such form, as to them shall seem
+most likely to effect their safety and happiness.
+Prudence, indeed, will dictate that governments
+<a name="Page_160"></a>long established should not be changed for light
+or transient causes; and accordingly all experience
+hath shown that mankind are more disposed to
+suffer, while evils are sufferable, than to right
+themselves by abolishing the forms to which they
+were accustomed. But when a long train of
+abuses and usurpations, pursuing invariably the
+same object, evinces a design to reduce them
+under absolute despotism, it is their duty to throw
+off such government, and to provide new guards
+for their future security. Such has been the
+patient sufferance of the women under this government,
+and such is now the necessity which constrains
+them to demand the equal station to which
+they are entitled.</p>
+<p>"The history of mankind is a history of repeated
+injuries and usurpations on the part of man
+toward woman, having in direct object the establishment
+of an absolute tyranny over her. To prove
+this, let facts be submitted to a candid world.</p>
+<p>"He has never permitted her to exercise her
+inalienable right to the elective franchise.</p>
+<p>"He has compelled her to submit to laws, in
+the formation of which she had no voice.</p>
+<p>"He has withheld from her rights which are
+given to the most ignorant and degraded men&#8212;both
+natives and foreigners.</p>
+<p>"Having deprived her of this first right of a
+citizen, the elective franchise, thereby leaving her
+without representation in the halls of legislation,
+he has oppressed her on all sides.</p>
+<p>"<a name="Page_161"></a>He has made her, if married, in the eye of
+the
+law, civilly dead.</p>
+<p>"He has taken from her all right in property,
+even to the wages she earns.</p>
+<p>"He has made her, morally, an irresponsible
+being, as she can commit many crimes with
+impunity, provided they be done in the presence
+of her husband. In the covenant of marriage,
+she is compelled to promise obedience to her husband,
+he becoming, to all intents and purposes,
+her master&#8212;the law giving him power to deprive
+her of her liberty, and to administer chastisement.</p>
+<p>"He has so framed the laws of divorce, as to
+what shall be the proper causes, and, in case of
+separation, to whom the guardianship of the children
+shall be given, as to be wholly regardless
+of the happiness of women&#8212;the law in all cases
+going upon a false supposition of the supremacy
+of man, and giving all power into his hands.</p>
+<p>"After depriving her of all rights as a married
+woman, if single, and the owner of property, he has
+taxed her to support a government which recognises
+her only when her property can be made
+profitable to it.</p>
+<p>"He has monopolised nearly all the profitable
+employments, and from those she is permitted to
+follow she receives but a scanty remuneration.
+He closes against her all the avenues of wealth and
+distinction which he considers most honourable to
+himself. As a teacher of theology, medicine, or
+law, she is not known.</p>
+<p>"<a name="Page_162"></a>He has denied her the facilities for
+obtaining
+a thorough education, all colleges being closed
+against her.</p>
+<p>"He allows her in church, as well as state,
+but a subordinate position, claiming Apostolic
+authority for her exclusion from the ministry, and,
+with some exceptions, from any public participation
+in the affairs of the church.</p>
+<p>"He has created a false public sentiment by
+giving to the world a different code of morals for
+men and women, by which moral delinquencies
+which exclude women from society are not only
+tolerated, but deemed of little account in man.</p>
+<p>"He has usurped the prerogative of Jehovah
+himself, claiming it as his right to assign for her
+a sphere of action, when that belongs to her conscience
+and to her God.</p>
+<p>"He has endeavoured, in every way that he
+could, to destroy her confidence in her own powers,
+to lessen her self-respect, and to make her willing
+to lead a dependent and abject life.</p>
+<p>"Now, in view of this entire disfranchisement
+of one half the people of this country, their social
+and religious degradation; in view of the unjust
+laws above mentioned, and because women do feel
+themselves aggrieved, oppressed, and fraudulently
+deprived of their most sacred rights, we insist that
+they have immediate admission to all the rights
+and privileges which belong to them as citizens
+of the United States.</p>
+<p>"In entering upon the great work before us,
+<a name="Page_163"></a>we anticipate no small amount of misconception,
+misrepresentation, and ridicule; but we shall use
+every instrumentality within our power to effect
+our object. We shall employ agents, circulate
+tracts, petition the State and National legislatures,
+and endeavour to enlist the pulpit and press in
+our behalf. We hope this Convention will be
+followed by a series of Conventions embracing
+every part of the country."</p>
+<p>Such was the defiance of the Women's Rights
+Convention in 1848; other conventions were
+held, as at Rochester, in 1853, and at Albany in
+1854; the movement extended quickly to other
+States and touched the quick of public opinion.
+It bore its first good fruits in New York in 1848,
+when the Property Bill was passed. This law,
+amended in 1860, and entitled "An Act Concerning
+the Rights and Liabilities of Husband and Wife"
+(March 20, 1860), emancipated completely the
+wife, gave her full control of her own property,
+allowed her to engage in all civil contracts or
+business on her own responsibility, rendered her
+joint guardian of her children with her husband,
+and granted both husband and wife a one-third
+share of one another's property in case of the
+decease of either partner.</p>
+<p>Thus New York became the pioneer. The
+movement spread, as I have mentioned, with
+amazing rapidity; but it was not so uniformly
+successful. Conventions were held, for example,
+<a name="Page_164"></a>in Ohio, at Salem, April 19-20, 1850; at Akron,
+May 28-29, 1851; at Massillon on May 27, 1852.
+Nevertheless, in 1857, the Legislature of Ohio
+passed a bill enacting that no married man should
+dispose of any personal property without having
+first obtained the consent of his wife; the wife was
+empowered, in case of a violation of this law, to
+commence a civil suit in her own name for the
+recovery of the property; and any married woman
+whose husband deserted her or neglected to provide
+for his family was to be entitled to his wages
+and to those of her minor children. A bill to
+extend suffrage to women was defeated, by a vote
+of 44 to 44; the petition praying for its enactment
+had received 10,000 signatures.</p>
+<p>The course of events as it has been described
+in New York and Ohio, is practically the same
+in the case of the other States. The Civil War
+relegated these issues to a secondary place; but
+during that momentous conflict the heroism of
+Clara Barton on the battlefield and of thousands
+of women like her paved the way for a reassertion
+of the rights of woman in the light of her unquestioned
+exertions and unselfish labours for her
+country in its crisis. After the war, attention
+began to be concentrated more on the right to <i>vote</i>.
+By the Fourteenth Amendment the franchise was
+at once given to negroes; but the insertion of the
+word <i>male</i> effectually barred any national recognition
+of woman's right to vote. A vigorous effort
+was made by the suffrage leaders to have <i>male</i>
+<a name="Page_165"></a>stricken from the amendment; but the effort was
+futile. Legislators thought that the black man's
+vote ought to be secured first; as the <i>New York
+Tribune</i> (Dec. 12, 1866) puts it snugly: "We want
+to see the ballot put in the hands of the black
+without one day's delay added to the long postponement
+of his just claim. When that is done,
+we shall be ready to take up the next question"
+(i.e., woman's rights).</p>
+<p>The first Women's Rights Convention after the
+Civil War had been held in New York City, May
+10, 1866, and had presented an address to Congress.
+Such was the dauntless courage of the
+leaders, that Mrs. Stanton offered herself as a
+candidate for Congress at the November elections,
+in order to test the constitutional rights of a
+woman to run for office. She received twenty-four
+votes.</p>
+<p>Six years later, on November I, 1872, Miss
+Susan B. Anthony did a far more Audacious
+thing. She went to the polls and asked to be
+registered. The two Republican members of the
+board were won over by her exposition of the
+Fourteenth Amendment and agreed to receive
+her name, against the advice of their Democratic
+colleague and a United States supervisor. Following
+Miss Anthony's example, some fifty other
+women of Rochester registered. Fourteen voted
+and were at once arrested under the enforcement
+act of Congress of May 31, 1870 (<i>section</i> 19). The
+case of Miss Anthony was argued, ably by her
+<a name="Page_166"></a>attorney; but she was adjudged guilty. A <i>nolle
+prosequi</i> was entered for the women who voted
+with her.</p>
+<p>Immediately after the decision in her case,
+the inspectors who had registered the women were
+put on trial because they "did knowingly and
+willfully register as a voter of said District one
+Susan B. Anthony, she, said Susan B. Anthony,
+then and there not being entitled to be registered
+as a voter of said District in that she, said Susan
+B. Anthony, was then and there a person of the
+female sex, contrary to the form of the statute of
+the United States of America in such case made and
+provided, and against the peace of the United
+States of America and their dignity." The defendants
+were ordered to pay each a fine of
+twenty-five dollars and the costs of the prosecution;
+but the sentence was revoked and an unconditional
+pardon given them by President Grant, in an order
+dated March 3, 1874. Miss Anthony was forced
+to pay her fine, in spite of an appeal to Congress.</p>
+<p>Such were the stirring times when the agitation
+for women's rights was first brought to the fore
+as a national issue. Within a few years, various
+States, like New York and Kansas, put the question
+of equal suffrage for women before its voters;
+they in general rejected the measure. At present
+there are four States which give women complete
+suffrage and right to vote on all questions with the
+same privileges as men, viz., Wyoming (1869),
+Colorado (1893), Utah (1896), and Idaho (1896).
+<a name="Page_167"></a>In 1838 Kentucky gave school suffrage to widows
+with children of school age; in 1861 Kansas gave
+it to all women. School suffrage was granted all
+women in 1875 by Michigan and Minnesota, in
+1876 by Colorado, in 1878 by New Hampshire and
+Oregon, in 1879 by Massachusetts, in 1880 by
+New York and Vermont, in 1883 by Nebraska,
+in 1887 by North and South Dakota, Montana,
+Arizona, and New Jersey. Kansas gave municipal
+suffrage in 1887; and Montana gave tax-paying
+women the right to vote upon all questions submitted
+to the tax-payers. In 1891 Illinois granted
+school suffrage, as did Connecticut in 1893. Iowa
+gave bond suffrage in 1894. In 1898 Minnesota
+gave women the right to vote for library trustees,
+Delaware gave school suffrage to tax-paying
+women, and Louisiana gave tax-paying women
+the right to vote upon all questions submitted to
+the tax-payers. Wisconsin gave school suffrage
+in 1900. In 1901 New York gave tax-paying
+women in all towns and villages of the State the
+right to vote on questions of local taxation; and
+the Kansas Legislature voted down almost unanimously
+a proposal to repeal municipal suffrage.
+In 1903 Kansas gave bond suffrage; and in 1907
+the new State of Oklahoma continued school
+suffrage. In 1908 Michigan gave all women who
+pay taxes the right to vote upon questions of local
+taxation and the granting of franchises.</p>
+<div class="sidenote"> Age of Legal consent.</div>
+<p>The history of the "age of legal consent" has
+an importance which through prudery and a wilful
+<a name="Page_168"></a>ignorance of facts the public has never fully
+realised.
+I shall have considerable to say of it
+later. It will suffice for the moment
+to remark that until the decade preceding
+1898 the old Common Law
+period of ten, sometimes twelve, years was the
+basis of "age of consent" legislation in most States
+and in the Territories under the jurisdiction of
+the national government. In 1885 the age in
+Delaware was <i>seven</i>.</p>
+<div class="sidenote"> The beginnings of higher education for women.</div>
+<p>The Puritans, burning with an unquenchable
+zeal for liberty, fled to America in order to build
+a land of freedom and strike off the
+shackles of despotism. After they were
+comfortably settled, they forthwith proceeded,
+with fine humour, to expel mistress
+Anne Hutchinson for venturing to speak
+in public, to hang superfluous old women for
+being witches, and to refuse women the right to an
+education. In 1684, when a question arose about
+admitting girls to the Hopkins School of New
+Haven, it was decided that "all girls be excluded
+as improper and inconsistent with such a grammar
+school as ye law enjoins and as in the Designs
+of this settlement." "But," remarks Professor
+Thomas, "certain small girls whose manners seem
+to have been neglected and who had the natural
+curiosity of their sex, sat on the schoolhouse steps
+and heard the boys recite, or learned to read and
+construe sentences from their brothers at home,
+and were occasionally admitted to school."</p>
+<p><a name="Page_169"></a>In the course of the next century the world
+moved a little; and in 1789, when the public
+school system was established in Boston, girls
+were admitted from April to October; but until
+1825 they were allowed to attend primary schools
+only. In 1790 Gloucester voted that "two hours,
+or a proportional part of that time, be devoted to
+the instruction of females." In 1793 Plymouth
+accorded girls one hour of instruction daily.</p>
+<p>The first female seminary in the United States
+was opened by the Moravians in Bethlehem,
+Pennsylvania, in 1749. It was unique. In 1803,
+of 48 academies or higher schools fitting for college
+in Massachusetts, only three were for girls, although
+a few others admitted both boys and girls.</p>
+<p>The first instance of government aid for the
+systematic education of women occurred in New
+York, in 1819. This was due to the influence of a
+remarkable woman. Mrs. Emma Willard had begun
+teaching in Connecticut and by extraordinary
+diligence mastered not only the usual subjects of
+the curriculum, but in addition botany, chemistry,
+mineralogy, astronomy, and the higher mathematics.
+She had, moreover, striven always to introduce
+new subjects and new methods into her
+school, and with such success that Governor
+Clinton, of New York, invited her to that State
+and procured her a government subsidy. Her
+school was established first at Watervliet, but
+soon moved to Troy. This seminary was the first
+girls' school in which the higher mathematics
+<a name="Page_170"></a>formed a part of the course; and the first
+public
+examination of a girl in geometry, in 1829, raised
+a storm of ridicule and indignation&#8212;the clergy, as
+usual, prophesying the speedy dissolution of all
+family bonds and therefore, as they continued
+with remorseless logic, of the state itself. But
+Mrs. Willard continued her ways in spite of clerical
+disapproval and by-and-by projected a system
+of normal schools for the higher education of
+teachers, and even suggested women as superintendents
+of public schools. New York survived
+and does not even remember the names of the
+patriots who fought a lonely woman so valiantly.</p>
+<p>The first female seminary to approach college
+rank was Mt. Holyoke, which was opened by
+Mary Lyon at South Hadley, Mass., in 1836.
+Vassar, the next, dates from 1865; and Radcliffe,
+the much-abused "Harvard Annex," was instituted
+in 1879. These were the first colleges
+exclusively for women. Oberlin College had
+from its foundation, in 1833, admitted men and
+women on equal terms; although it took pains to
+express its hearty disapproval of those women
+who, after graduation, had the temerity to advocate
+political rights for women&#8212;rights which
+that same Oberlin insisted should be given the
+negro at once. In 1858, when Sarah Burger and
+other women applied for admission to the University
+of Michigan, their request was refused.</p>
+<div class="sidenote"> First women in medicine.</div>
+<p>It was hard enough for women to assert their
+rights to a higher education; to enter a profession
+<a name="Page_171"></a>was almost impossible. Nevertheless, it was
+done.
+The pioneer in medicine was Harriet K. Hunt who
+practised in Boston from 1822 to 1872
+without a diploma; but in 1853 the
+Woman's Medical College of Pennsylvania
+conferred upon her the degree of Doctor of
+Medicine. The first woman to receive a diploma
+from a college after completing the regular course
+was Elizabeth Blackwell, who attained that distinction
+at Geneva, New York, in 1848. The first adequate
+woman's medical institution was Miss
+Blackwell's New York Infirmary, chartered in 1854.
+In 1863, Dr. Zakrzewska, in co-operation with
+Lucy Goddard and Ednah D. Cheney, established
+the New England Hospital for Women and Children,
+which aimed to provide women the medical
+aid of competent physicians of their own sex, to
+assist educated women in the practical study of
+medicine, and to train nurses for the care of the
+sick.<a name="FNanchor_411"></a><a href="#Footnote_411"><sup>[411]</sup></a></p>
+<div class="sidenote"> In law.</div>
+<p>In law, it would seem that Mistress Brut
+practised in Baltimore as early as 1647; but after
+her the first woman lawyer in the United
+States was Arabella A. Mansfield, of Mt.
+Pleasant, Iowa. She was admitted to the bar in
+1864. By 1879 women were allowed to plead
+before the Supreme Court of the United States.<a name="FNanchor_412"></a><a
+ href="#Footnote_412"><sup>[412]</sup></a></p>
+<p><a name="Page_172"></a><br>
+</p>
+<div class="sidenote">In the ministry.</div>
+<p>Coming now to the consideration of the ministry,
+the first woman to attempt to assert a right to
+that profession was Anne Hutchinson,
+of Boston, in 1634. She was promptly
+banished. Among the Friends and the Shakers
+women like Lucretia Mott and Anne Lee preached;
+and among the primitive Methodists and similar
+bodies women were always permitted to exhort;
+but the first regularly ordained woman in the
+United States appears to have been Rev. Antoinette
+Brown Blackwell, of the Congregational Church
+who was ordained in 1852. In 1864 Rev. Olympia
+Brown settled as pastor of the parish at Weymouth
+Landing, in Massachusetts; and the Legislature
+acknowledged marriages solemnised by women as
+legal. Phebe Hanaford, Mary H. Graves, and
+Lorenza Haynes were the first Massachusetts
+women to be ordained preachers of the Gospel;
+the latter was at one time chaplain of the
+Maine House of Representatives. The best
+known woman in the ministry at the present
+day is Rev. Anna Howard Shaw, a Methodist
+minister, president of the National American
+Woman's Suffrage Association.<a name="FNanchor_413"></a><a
+ href="#Footnote_413"><sup>[413]</sup></a></p>
+<div class="sidenote"> As newspaper editors.</div>
+<p>Women have from very early times been exceedingly
+active in newspaper work. Anna Franklin
+printed the first newspaper in Rhode
+Island, in 1732; she was made official
+printer to the colony. When the founder of the
+<i>Mercury</i>, of Philadelphia, died in 1742, his widow,
+<a name="Page_173"></a>Mrs. Cornelia Bradford, carried it on for many
+years with great success, just as Mrs. Zenger continued
+the <i>New York Weekly Journal</i>&#8212;the second
+newspaper started in New York&#8212;for years after
+the death of her husband. Anna K. Greene
+established the <i>Maryland Gazette</i>, the first paper
+in that colony, in 1767. Penelope Russell printed
+<i>The Censor</i> in Boston, in 1771. In fact, there was
+hardly a colony in which women were not actively
+engaged in printing. After the Revolution they
+were still more active. Mrs. Anne Royal edited
+<i>The Huntress</i> for a quarter of a century. Margaret
+Fuller ran <i>The Dial</i>, in Boston, in 1840 and
+numbered Emerson and William Channing among
+her contributors. From 1840 to 1849 the mill
+girls of Lowell edited the <i>Lowell Offering</i>. These
+are but a few examples of what women have done
+in newspaper work. How very influential they
+are to-day every one knows who is familiar with
+the articles and editorial work appearing in
+newspapers and magazines; and that women are
+very zealous reporters many people can attest
+with considerable vigour.<a name="FNanchor_414"></a><a
+ href="#Footnote_414"><sup>[414]</sup></a></p>
+<div class="sidenote"> Women in industry.</div>
+<p>The enormous part which women now play in
+industry and in all economic production is a
+concomitant of the factory system, specialised
+industry, and all that makes
+a highly elaborated and complex society. Be<a name="Page_174"></a>fore
+the introduction of machine industry, and in
+the simple society of the colonial days, women
+were no less a highly important factor in economic
+production; but not as wage earners. Their importance
+lay in the fact that spinning, weaving,
+brewing, cheese and butter making, and the like
+were matters attended to by each household to
+supply its own wants; and this was considered the
+peculiar sphere of the housewife. In 1840 Harriet
+Martineau found only seven employments open
+to women in the United States, viz., teaching,
+needlework, keeping boarders, working in cotton
+mills and in book binderies, type-setting, and
+household service.</p>
+<p>I shall now present a series of fifty tables, by
+means of which the reader may see at a glance the
+status of women in all the States to-day. For convenience,
+I shall arrange the views alphabetically.</p>
+<br>
+<p>TABLES SHOWING THE PRESENT STATUS OF WOMEN
+IN THE UNITED STATES.</p>
+<p>The right of "dower," as used in these tables,
+refers to the widow's right, under the Common
+Law, to the possession, for her life-time, of one
+third of the real estate of which her husband was
+possessed in fee-simple during the marriage.</p>
+<p>"Curtesy" is the right of the husband after his
+wife's death to the life use of his wife's real estate,
+sometimes dependent on the birth of children,
+sometimes not; and usually the absolute right to
+her whole personal estate.</p>
+<p><a name="Page_175"></a>It must be remembered that the enforcement
+Of certain laws, particularly in regard to child
+labour, is extremely lax in many States. It will
+be noted also that an unscrupulous employer
+could find loopholes in some of the statutes.
+The reader can observe these things for himself
+in his particular State.</p>
+<br>
+<p style="font-weight: bold;"><i>Alabama</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p>POPULATION: Male 916,764; female 911,933.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and has full control of own property; but she
+cannot mortgage her real and personal property
+or alienate it without husband's consent. Married
+women may execute will without concurrence
+of husband and may bar latter's right of curtesy.
+Husband may appoint guardian for children by
+will; but wife has custody of them until they are
+fourteen. If a wife commits a crime in partnership
+with her husband she cannot be punished
+(except for murder and treason). Husband is
+not required by law to support the family.</p>
+<p>DIVORCE: Absolute divorce is granted for
+incurable impotence, adultery, desertion for two
+years, imprisonment for two years or more, crimes
+against nature, habitual drunkenness after marriage;
+in favour of husband if wife was pregnant
+at time of marriage without his knowledge or
+agency, in favour of wife for physical violence on
+<a name="Page_176"></a>part of husband endangering life or health, or
+when there is reasonable apprehension of such
+violence.</p>
+<p>Limited divorce is granted for cruelty in either
+of the parties or any other cause which would
+justify absolute divorce, if the party desires only
+a divorce from bed and board.</p>
+<p>LABOUR LAWS: Women not allowed to work in
+mines. Children under 12 not permitted to work
+in any factory. All employers of women must
+provide seats and must allow women to rest
+when not actively engaged.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: There is no suffrage.
+Women not eligible for any elective office;
+they may be notaries public. There are 18 women
+in the ministry, 12 journalists, 1 dentist, 3
+lawyers, 16 doctors, 3 professors, 2 bankers, 5
+saloon keepers, 4 commercial travellers, 11 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Arizona</i></p>
+<p>AGE OF LEGAL CONSENT: 17.</p>
+<p>POPULATION: Male 71,795; female 51,136.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. Wife has control of property which
+she had before marriage. Wife may contract
+debts for necessaries for herself and children upon
+credit of husband. She may sue and be sued and
+make contracts in her own name as regards her
+<a name="Page_177"></a>separate property, but must sue jointly with
+husband for personal injuries, and damages recovered
+are community property and in his control.
+Father is legal guardian of minor children;
+at his death mother becomes guardian as long as
+she remains unmarried.</p>
+<p>DIVORCE: Absolute divorce for excesses, cruelty,
+or outrage, adultery, impotence, conviction
+for a felony, desertion for one year, neglect of
+husband to provide for one year, habitual intemperance;
+in favour of husband if wife was
+pregnant at time of marriage without his knowledge
+or agency.</p>
+<p>There is no limited divorce; but when the
+husband wilfully abandons his wife, she can maintain
+an action against him for permanent maintenance
+and support.</p>
+<p>LABOUR LAWS: No woman or minor may work
+or give any exhibition in a saloon.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women 21 years old
+or more who are mothers or guardians of a child
+of school age are eligible to the office of school
+trustee and may vote for such officers. There
+are 12 women in the ministry, 1 dentist, 2 journalists,
+4 lawyers, 4 doctors, 628 saloon keepers,
+2 bankers, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Arkansas</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 675,312; female 636,252.</p>
+<p><a name="Page_178"></a>HUSBAND AND WIFE: Wife controls own earnings.
+Dower exists, but not curtesy. Wife may
+sell or transfer her separate real estate without
+husband's consent. Father is legal guardian of
+children, but cannot apprentice them or create
+testamentary guardianship for them without
+wife's consent. At husband's death wife may
+be guardian of persons of children, but not of
+their property, unless derived from her.</p>
+<p>DIVORCE: Absolute or limited divorce for
+impotence, wilful desertion for a year, when husband
+or wife had a former wife or husband living
+at the time of the marriage sought to be set aside,
+conviction for felony or other infamous crime,
+habitual drunkenness for one year, intolerable
+indignities, and adultery subsequent to marriage.</p>
+<p>LABOUR LAWS: Labour contracts of married
+women, approved by their husbands, are legal
+and binding. No woman may work in a mine.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. 13
+women are ministers, 6 journalists, 9 lawyers, 39
+doctors, 3 professors, 3 saloon keepers, 9 commercial
+travellers, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>California</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 820,531; female 664,522.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Wife may dispose of separate property
+without husband's consent. In torts of a personal
+<a name="Page_179"></a>nature she must sue jointly with her husband.
+Husband is guardian of minor children; wife becomes
+so at his death. Husband must provide
+for family. If husband has no property or is
+disabled, wife must support him and the family
+out of her property or earnings.</p>
+<p>DIVORCE: Absolute divorce for adultery, extreme
+cruelty, wilful desertion for one year, wilful
+neglect for one year, habitual intemperance
+for one year, conviction for felony.</p>
+<p>There are no statutory provisions for limited
+divorce. But when the wife has any cause for
+action as provided in the code, she may, without
+applying for a divorce, maintain an action against
+her husband for permanent support and maintenance
+of herself or of herself and children.</p>
+<p>LABOUR LAWS: Sex shall be no disqualification
+for entering any business, vocation, or profession.
+Children under 16 may not be let out for
+acrobatic performances or any exhibition endangering
+life or morals. Any one who sends a minor
+under the age of 18 to a saloon, gambling house, or
+brothel, is guilty of a misdemeanour. One day of
+rest each week must be given all employees.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. May
+be elected school trustees. May be notaries
+public. There are 201 women in the ministry,
+52 dentists, 116 journalists, 60 lawyers, 522 doctors,
+8 professors, 129 saloon keepers, 9 bankers,
+23 commercial travellers, etc.</p>
+<a name="Page_180"></a><br>
+<p style="font-weight: bold;"><i>Colorado</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 295,332; female 244,368.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+No assignment of wages by a married
+man is valid without the consent of his wife.
+Neither dower nor curtesy obtains. Husband
+and wife have same rights in making wills. Wife
+can sue and be sued as if unmarried. She is joint
+guardian of children with husband and has equal
+powers. Husband must support family.</p>
+<p>DIVORCE: Absolute divorce for impotence,
+when husband or wife had a wife or husband living
+at time of marriage, adultery subsequent to marriage,
+wilful desertion for one year, cruelty (including
+the infliction of mental suffering as well
+as physical violence), neglect to provide for one
+year, habitual drunkenness for one year, conviction
+for felony.</p>
+<p>There is no limited divorce.</p>
+<p>LABOUR LAWS: Eight hours the usual day's
+work. Children under 12 may not work in mines;
+none under 14 may exhibit in saloons, variety
+theatres, or any place endangering morals. No
+female help may be sent to any place of bad repute.
+Children under 14 may not be employed
+in mills or factories. No woman may work underground
+in a mine. All employers of women
+must provide seats.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+<a name="Page_181"></a>AND PROFESSIONAL STATUS: Full suffrage. Women
+are eligible to all offices; 10 have served
+in the Legislature. There are 39 women in the
+ministry, 23 dentists, 28 journalists, 17 lawyers,
+172 doctors, 4 professors, 17 saloon keepers, 12
+bankers, 8 commercial travellers, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Connecticut</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 454,294; female 454,126.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+No dower or curtesy. Survivor gets one
+third of property. Wife controls own property.
+Wife and husband joint guardians of children with
+equal powers. Husband must support family.</p>
+<p>DIVORCE: Absolute divorce for adultery,
+fraudulent contract, wilful desertion for three
+years with total neglect of duty, seven years'
+absence when absent party is not heard from during
+that period, habitual intemperance, intolerable
+cruelty, sentence to imprisonment for life,
+any infamous crime involving a violation of conjugal
+duty and punishable by imprisonment.</p>
+<p>There is no limited divorce.</p>
+<p>LABOUR LAWS: No child under 12 may give
+exhibition endangering limbs or morals. Employers
+of females may not send them to any place
+of bad repute. Eight hours is a day's work.
+Women employees must have seats to rest. No
+woman shall be forced to labour more than ten
+hours a day.</p>
+<p><a name="Page_182"></a>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage and may be elected school trustees.
+There are 45 women in the ministry, 6 dentists,
+122 doctors, 1 professor, 28 saloon keepers, 4 bankers,
+13 commercial travellers, 14 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Delaware</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 94,158; female 90,577.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+If there is a child or lawful issue of a child
+living, widow has a life interest in one third of the
+real estate and one third absolutely of the personal
+property. If there is no child nor the descendant
+of a child living, widow has a life interest in one
+half of the real estate and one half absolutely of
+the personal estate. If there are neither descendants
+nor kin of husband, she gets the entire real
+estate for her life, and all the personal estate
+absolutely. Father is legal guardian of children
+and he alone may appoint a guardian at his death.
+Husband must support family.</p>
+<p>DIVORCE: Absolute divorce for adultery, desertion
+for three years, habitual drunkenness, impotence,
+extreme cruelty, conviction for felony,
+procurement of marriage by fraud for want of
+age, wilful neglect to provide for three years.</p>
+<p>Limited divorce may be decreed, in the discretion
+of the court, for the last two causes
+mentioned.</p>
+<p><a name="Page_183"></a>LABOUR LAWS: All female employees must be
+provided with seats. Sunday labour forbidden.
+No minor under 15 may be let out for any gymnastic
+or other exhibition endangering body or
+morals. Separate lunch, wash-rooms, etc., for
+all women employees; the rooms must be kept
+reasonably heated. Using indecent or profane
+language towards a female employee is a misdemeanour.
+The governor must appoint a <i>female</i>
+factory inspector who shall see that these laws
+are enforced. Children under 14 may not work
+in mills and factories; and no child under 16 shall
+be forced to labour more than nine hours daily.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women in Milford,
+Townsend, Wyoming, and Newark who pay a
+property tax may vote for Town Commissioners.
+All such women in the State may vote for school
+trustees. There are 4 women in the ministry, 3
+dentists, 1 journalist, 1 lawyer, 7 doctors, 8 saloon
+keepers, 1 commercial traveller, 2 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>District of Columbia</i></p>
+<p>AGE OF LEGAL CONSENT; 16.</p>
+<p>POPULATION: Male 132,004; female 146,714.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and property, may be sued and sue, carry
+on business, etc., as if unmarried. Husband and
+wife are equal guardians of children. Husband
+must furnish reasonable support if he have property.
+Both dower and curtesy obtain.</p>
+<p><a name="Page_184"></a>DIVORCE: Absolute divorce for bigamy,
+insanity
+at time of marriage, impotence, adultery
+habitual drunkenness for three years, cruel treatment
+endangering life or health.</p>
+<p>Limited divorce for drunkenness, cruelty, and
+desertion.</p>
+<p>In case of absolute divorce, only the innocent
+party may remarry; but the divorced parties may
+marry each other again.</p>
+<p>LABOUR LAWS: No child under 14 may be
+let out for any public exhibition endangering
+body or morals. Seats must be provided for
+women employees. Employment agencies must
+not send applicants to places of bad repute.
+Children under 14 may not be employed in
+any factory, hotel, etc.; but judge of juvenile
+court may give dispensation to child between 12
+and 14. No girl under 16 may be bootblack or
+sell papers or any other wares publicly.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+may be notaries public and members of Board of
+Education. 17 women in the ministry, 7 dentists,
+38 journalists, 23 lawyers, 56 doctors, 18 saloon
+keepers, 1 banker, 7 commercial travellers, 2
+carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Florida</i></p>
+<p>AGE OF LEGAL CONSENT: 16 (but 10 practically,
+as penalty above 10 is insignificant).</p>
+<p><a name="Page_185"></a>POPULATION: Male 275,246; female 253,296.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and owns separate estate; but cannot transfer
+her real or personal property without husband's
+consent. Dower prevails, but not curtesy. Wife
+may make a will as if unmarried. Husband is
+legal guardian of children. Husband must support
+family.</p>
+<p>DIVORCE: Absolute divorce for impotence,
+where the parties are within the degrees prohibited
+by the law, adultery, bigamy, extreme cruelty,
+habitual indulgence in violent and ungovernable
+temper, habitual intemperance, desertion for one
+year, if husband or wife has obtained a divorce
+elsewhere and if the applicant has been a citizen
+of Florida for two years.</p>
+<p>There is no limited divorce. But the wife may
+claim alimony, without applying for a divorce,
+for any of these causes except bigamy.</p>
+<p>LABOUR LAWS: Ten hours legal day's work.
+Employers of women must provide seats. No
+child under 14 may be let out for any public exhibition
+endangering body or morals. Sunday
+labour forbidden. No child under 12 may be employed
+in any factory, or any place where intoxicating
+liquor is sold; and no child under 12
+may labour more than nine hours a day.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+may be notaries public. 19 women in the
+ministry, 1 dentist, 9 journalists, 4 lawyers, 21
+<a name="Page_186"></a>doctors, 1 banker, 3 commercial travellers, 6
+carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Georgia</i></p>
+<p>AGE OF LEGAL CONSENT: 10.</p>
+<p>POPULATION: Male 1,103,201; female 1,113,130.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and own property. Dower prevails, but not
+curtesy. Husband is legal guardian of children
+and at his death may appoint a guardian to the
+exclusion of his wife. Husband must support
+family.</p>
+<p>DIVORCE: Absolute divorce for intermarriage
+within the prohibited degrees of consanguinity
+and affinity, mental incapacity at time of marriage,
+impotence at time of marriage, force, menace,
+duress, or fraud in obtaining marriage, pregnancy
+of wife at time of marriage unknown to husband,
+adultery, wilful desertion for three years, conviction
+for an offence involving imprisonment for two
+years or longer.</p>
+<p>Absolute or limited divorce for cruelty or habitual
+intoxication. Limited divorce for any ground
+held sufficient in English courts prior to May 4,
+1784.</p>
+<p>LABOUR LAWS: No boss or other superior in
+any factory shall inflict corporal punishment on
+minor labourers. Seats must be provided for
+female employees. Sunday labour forbidden. No
+minors may be employed in barrooms. To let
+<a name="Page_187"></a>out children for gymnastic exhibition or any
+indecent
+exhibition is a misdemeanour. Children
+under 12 may not work in factories. No child
+under 14 may work between 7 P.M. and 6 A.M.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. 33
+women in the ministry, 2 dentists, 37 journalists,
+6 lawyers, 43 doctors, 4 professors, 2 saloon
+keepers, 4 bankers, 9 commercial travellers, 10
+carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Idaho</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 93,367; female 68,405.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. Wife can secure control of own property
+only by going into court and showing that
+her husband is mismanaging it. Husband is legal
+guardian of the children.</p>
+<p>DIVORCE: Absolute divorce for adultery, extreme
+cruelty, wilful desertion for one year, wilful
+neglect for one year, habitual intemperance
+for one year, conviction of felony, permanent
+insanity.</p>
+<p>There is no limited divorce.</p>
+<p>LABOUR LAWS: No Sunday labour. Children
+under 14 may not work in mine, factory, hotel,
+or be messenger; no child under 16 shall work
+more than nine hours per day; nor be let out for
+any exhibition or vocation which endangers health
+<a name="Page_188"></a>or morals; nor ever be sent to any immoral
+resort
+or serve or handle intoxicating liquors.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Full suffrage. Women
+are eligible to all offices. 7 women are in
+the ministry, 4 journalists, 2 lawyers, 15 doctors,
+1 saloon keeper, 1 commercial traveller, 1 carpenter,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Illinois</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 2,472,782; female 2,348,768.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Dower prevails. Wife has full disposal of
+property, can sue, etc., as if unmarried. Wife
+and husband are equal guardians of children.
+Wife is entitled to support suited to her condition
+in life; husband is entitled to same support out
+of her individual property. They are jointly
+liable for family expenses.</p>
+<p>DIVORCE: Absolute divorce for impotence,
+bigamy, adultery, wilful desertion for two years,
+habitual drunkenness for two years, attempt to
+murder, extreme and repeated cruelty, conviction
+for felony or other infamous crime.</p>
+<p>No limited divorce; but married women living
+separate through no fault of their own have an
+action in equity for reasonable maintenance, if
+they so desire.</p>
+<p>LABOUR LAWS: No Sunday labour. No minor
+<a name="Page_189"></a>shall be allowed to sell indecent literature,
+etc.,
+nor be let out as acrobat or mendicant or for any
+immoral occupation. Eight hours a legal day's
+work. No person shall be debarred from any
+occupation or profession on account of sex; but
+females shall not be required to work on streets or
+roads or serve on juries. No child under 14 to be
+employed in any place where intoxicating liquors
+are sold or in factory or bowling alley; and shall
+not labour more than eight hours. No child under
+16 shall engage in occupations dangerous to life or
+morals; and no female under 16 shall engage in
+any employment which requires her to stand constantly.
+Seats must be provided for all female
+employees. No woman shall work more than
+ten hours a day in stores and factories.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage and are eligible to all school offices and can
+be notaries public. There are 292 women in the
+ministry, 117 dentists, 240 journalists, 113 lawyers,
+820 doctors, 31 professors, 196 saloon keepers, 8
+bankers, 101 commercial travellers, 24 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Indiana</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Males 1,285,404; females
+1,231,058.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+No dower or curtesy. Wife may sue in her
+<a name="Page_190"></a>own name for injuries, etc. Neither husband nor
+wife can alienate their separate real estate without
+each other's consent. A wife can act as
+executor or administrator of an estate only with
+her husband's consent. No married woman can
+become a surety for any person. Husband is
+guardian of children.</p>
+<p>DIVORCE: Absolute for adultery, impotency,
+desertion for two years, cruel and inhuman treatment,
+habitual drunkenness, neglect of husband
+to provide for two years, conviction of an infamous
+crime.</p>
+<p>Limited divorce for adultery, desertion or
+neglect for six months, habitual cruelty or constant
+strife, gross and wanton neglect of conjugal duty
+for six months.</p>
+<p>LABOUR LAWS: No child under 12 may work in
+a mine. Children under 15 may not be let out for
+acrobatic or any immoral exhibition or to work in
+any place where liquor is sold. Seats must be
+provided for female employees. Eight hours a
+legal day's work. No female under 18 may
+work more than ten hours a day in any factory,
+laundry, renovating works, bakery, or printing
+office; no woman shall be employed in any factory
+between 10 P.M. and 6 A.M. Suitable dressing
+rooms must be provided and not less than sixty
+minutes given for the noonday meal. Sweatshops
+under strict supervision of a State inspector.
+No woman may work in a mine. No Sunday
+labour.</p>
+<p><a name="Page_191"></a>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+PROFESSIONAL STATUS: No suffrage. Women
+may be notaries public. 130 women in the
+ministry, 34 dentists, 79 journalists, 40 lawyers,
+195 doctors, 6 professors, 27 saloon keepers, 2
+bankers, 44 commercial travellers, 7 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Indian Territory</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 208,952; female 183,108.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. Dower is in force and curtesy. Woman
+controls separate estate absolutely in practice;
+for though at common law any money or property
+given her husband for investment becomes his,
+by statute it does not. Husband and wife are
+equal guardians of children.</p>
+<p>DIVORCE: Absolute or limited for impotence,
+wilful desertion for one year, bigamy, conviction
+for felony or other infamous crime,
+habitual drunkenness for one year, cruel treatment
+endangering life, intolerable indignities,
+adultery, incurable insanity subsequent to marriage.</p>
+<p>LABOUR LAWS: No Sunday labour.</p>
+<p>SUFFRAGE, POLITICAL CONDITION; INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. 6
+women in ministry, 1 dentist, 4 journalists, 13
+doctors, 4 professors, 1 banker, etc.</p>
+<a name="Page_192"></a><br>
+<p style="font-weight: bold;"><i>Iowa</i></p>
+<p>AGE OF LEGAL CONSENT: 15.</p>
+<p>POPULATION: Male 1,156,849; female 1,075,004.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Any assignment of wages must have written
+consent of both husband and wife. No dower
+or curtesy; surviving husband or wife is entitled to
+one third in fee simple of both real and personal
+estate of other at his or her death. Wife controls
+own property, can sue, etc., as if single. Husband
+and wife are equal guardians of children. Support
+and education of family is chargeable equally
+on husband's and wife's property.</p>
+<p>DIVORCE: Absolute for adultery, wilful desertion
+for two years, conviction of felony after marriage,
+habitual drunkenness, inhuman treatment
+endangering life, pregnancy of wife at time of
+marriage by another man, unless the husband
+have an illegitimate child living unknown to wife.</p>
+<p>No limited divorce.</p>
+<p>Annulment for prohibited degrees, impotence,
+bigamy, insanity or idiocy at time of marriage.</p>
+<p>LABOUR LAWS: No female may be employed
+in any place where intoxicating liquors are sold;
+Seats must be provided for female employees.
+Children under 16 not to assist in operating
+dangerous machinery. No Sunday labour. No
+person under 14 may work in a factory, mine,
+laundry, slaughter-house, store where more than
+eight persons are employed; no child under 16
+<a name="Page_193"></a>shall be employed in any vocation endangering
+life or morals, nor shall work more than ten hours
+a day.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have bond
+suffrage and can vote on increase of taxes. They
+may serve as school trustees and superintendents.
+117 women in ministry, 52 dentists, 74 journalists,
+53 lawyers, 260 doctors, 27 professors, 8 saloon
+keepers, 11 bankers, 34 commercial travellers, 7
+carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Kansas</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 768,716; female 701,779.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Husband and wife are equal guardians of
+children. Wife controls her separate property, can
+sue, etc., as if unmarried. Neither husband nor
+wife can convey or encumber real estate without
+consent of other; nor dispose by will of more than
+one half of the separate property without other's
+consent. If there are no children, the surviving
+husband or wife takes all the property, real and
+personal; if there are children, one half. Husband
+must support family.</p>
+<p>DIVORCE: Absolute for bigamy, desertion for
+one year, adultery, impotency, when wife at
+time of marriage was pregnant by another than
+her husband, extreme cruelty, fraudulent contract,
+<a name="Page_194"></a>habitual drunkenness, gross neglect of duty,
+conviction
+and imprisonment for felony subsequent
+to marriage.</p>
+<p>No limited divorce; but wife may obtain alimony
+without divorce for any causes above mentioned.</p>
+<p>LABOUR LAWS: People employing children under
+14 in acrobatic or mendicant occupations
+are guilty of a misdemeanour. No Sunday labour.
+Seats must be provided for female employees.
+No child under 14 may work in coal mine, nor
+in any factory or packing house. No child under
+16 may work at any occupation endangering
+body or morals.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have municipal,
+school, and bond suffrage. 63 women
+in ministry, 21 dentists, 39 journalists, 43 lawyers,
+190 doctors, 21 professors, 9 saloon keepers, 7
+bankers, 20 commercial travellers, 19 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Kentucky</i></p>
+<p>AGE OF LEGAL CONSENT: 12.</p>
+<p>POPULATION: Male 1,090,227; female 1,056,947.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. Curtesy and dower are equalised.
+After the death of either husband or wife, the
+survivor is given a life interest in one third of the
+realty of the deceased and an absolute estate in
+one half of the personalty. Wife controls her
+<a name="Page_195"></a>personal property, but cannot dispose of real
+estate without husband's consent; the husband
+can convey real estate without his wife's signature,
+but it is subject to her dower. Husband is legal
+guardian of children. He must furnish support
+according to his condition, but if he has only his
+wages there is no law to punish him for non-support.</p>
+<p>DIVORCE: Absolute to both husband and wife
+for impotence or inability to copulate and for
+living apart for five consecutive years without
+any cohabitation. Also to the party not in fault
+for desertion for one year, adultery, condemnation
+for felony, concealment of any loathsome disease
+at time of marriage or contracting it afterwards,
+force, duress, or fraud in obtaining marriage,
+uniting with any creed or religious society requiring
+a renunciation of the marriage covenant
+or forbidding husband and wife to cohabit. To
+the wife, when not in like fault, for confirmed
+drunkenness of husband leading to neglect to
+provide, habitual behaviour by husband for six
+months indicating aversion to wife and causing
+her unhappiness, physical injury or attempt at
+it. To the husband for wife's pregnancy at time
+of marriage unknown to him, adultery of wife, or
+such conduct as proves her to be unchaste without
+proof of adultery, and habitual drunkenness
+of wife.</p>
+<p>Limited divorce for any of these causes or any
+other cause as the court may deem sufficient.</p>
+<p><a name="Page_196"></a>LABOUR LAWS: Forbidden to let or employ any
+children under 16 in any acrobatic or mendicant
+or immoral occupations. No Sunday labour. No
+child under 14 shall work in factory, mill, or mine
+unless said child shall have no other means of
+support. No child under 16 shall work more
+than ten hours per day. Seats and suitable
+dressing-rooms must be provided for female
+employees.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: In the country districts
+any widow having a child of school age and
+any widow or spinster having a ward of school age
+may vote for school trustees and school taxes.
+In Louisville, five third-class, and twenty or more
+fourth-class cities no woman has any vote. Women
+may be notaries public. 39 women in ministry,
+4 dentists, 21 journalists, 16 lawyers, 98
+doctors, 5 professors, 35 saloon keepers, 3 bankers,
+20 commercial travellers, 9 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Louisiana</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 694,733; female 686,892.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. Wife cannot appear in court without
+her husband's consent, and needs this consent in
+all matters connected with her separate estate.
+She may make her will without the authority of
+her husband. No woman can be a witness to a
+<a name="Page_197"></a>testament. No married woman can be executor
+without husband's consent. The dowry is given
+to the husband, for him to enjoy as long as the
+marriage shall last. Husband is legal guardian
+of children.</p>
+<p>DIVORCE: Absolute or limited for adultery,
+condemnation to an infamous punishment, habitual
+and intolerable intemperance, insupportable
+excess or outrages, public defamation on the
+part of one of the married persons toward the
+other, desertion, attempted murder, proof of
+guilt of husband or wife who has fled from justice
+when charged with an infamous offence.</p>
+<p>LABOUR LAWS: No female to be employed in
+any place where liquor is sold. No Sunday labour.
+No child under 15 to engage in any acrobatic or
+theatrical public exhibition. Seats must be provided
+for female employees, who are also to have
+at least thirty minutes for lunch. No girl under 14
+may be employed in any mill or factory; and no
+woman shall be worked more than ten hours a
+day. Seats, suitable dressing-rooms, and stairs
+must be provided. An inspector, male or female,
+is appointed.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Tax-paying women
+can vote on all questions of taxation. 14 women
+in ministry, 4 dentists, 21 journalists, 8 lawyers,
+25 doctors, 16 professors, 31 saloon keepers, 2
+bankers, 18 commercial travellers, 9 carpenters,
+etc.</p>
+<a name="Page_198"></a><br>
+<p style="font-weight: bold;"><i>Maine</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 350,995; female 343,471.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and has full control of separate property.
+Wife and husband are equal guardians of children.
+If there is no will, the interest of the husband or
+wife in the real estate of the other is the same&#8212;one
+third absolutely, if there is issue living, one
+half if there is no issue, the whole if there is
+neither issue nor kindred.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+extreme cruelty, desertion for three years, gross
+and confirmed habits of Intoxication whether from
+liquors or drugs, cruel and abusive treatment,
+wilful neglect to provide.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: Ten hours a day the legal
+limit for female employees. No child under
+14 may work in a factory. No Sunday labour.
+No child under 16 may be employed in any
+acrobatic, mendicant, immoral, or dangerous
+occupation.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+can be justices of the peace, town clerks, and
+registers of probate. They cannot be notaries
+public. 39 women in ministry, 4 dentists, 33
+journalists, 4 lawyers, 67 doctors, 1 professor, 3
+bankers, 5 carpenters, etc.</p>
+<a name="Page_199"></a><br>
+<p style="font-weight: bold;"><i>Maryland</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 589,275; female 598,769.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+No assignment of wages to be made without
+consent of both husband and wife. Wife
+controls separate property absolutely. Inheritance
+of property is the same for widow and widower.
+Husband is legal guardian of children and must
+support family.</p>
+<p>DIVORCE: Absolute for impotence, any cause
+which by the laws of the State renders a marriage
+null and void <i>ab initio</i>, adultery, desertion
+for three years, illicit sexual intercourse <i>of the woman
+before</i> marriage unknown to husband (<i>but the wife
+cannot obtain a divorce from her husband if he has
+been guilty of such an offence</i>). Limited divorce
+for cruelty, excessively vicious conduct, or desertion.
+In all cases where an absolute divorce is
+granted for adultery or abandonment, the court
+may decree that the guilty party shall not contract
+marriage with any other person during the
+lifetime of the other party. Annulment is given
+for bigamy or marriage within the prohibited
+degrees of consanguinity and affinity.</p>
+<p>LABOUR LAWS: Seats must be provided for
+female employees. No Sunday labour. No child
+under 14 may be employed in any mendicant or
+acrobatic occupation. No child under 8 may be
+employed in peddling. Women may not be wait<a name="Page_200"></a>resses
+in any place where liquor is sold. Children
+under 12 may not be employed in any business
+except in the counties, from June 1 to Oct. 15,
+Ten hours a legal day's work.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+serve as notaries public. 35 women in
+ministry, 6 dentists, 23 journalists, 6 lawyers, 87
+doctors, 4 professors, 2 bankers, 13 commercial
+travellers, 10 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Massachusetts</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 1,367,474; female 1,437,872.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and has control of her separate property subject
+only to the husband's interests. She can
+be executor, make contracts, etc., as if unmarried.
+The husband is legal guardian of minor children;
+he may dispose of them and may appoint a
+guardian at his death. Husband must support
+family. In distributing the estate, no distinction
+is made between real and personal property.
+The surviving husband or wife takes one third,
+if deceased leaves children or their descendants;
+5000 dollars and one half of the remaining estate
+if the deceased leaves no issue; and the whole, if
+deceased leaves no kin. This is taken absolutely
+and not for life. Curtesy and dower exist; but
+the old-time curtesy is cut down to a life-interest
+<a name="Page_201"></a>in one third, the same as dower; and in order to
+be
+entitled to dower or curtesy, the surviving husband
+or wife must elect to take it in preference to
+the above provisions.</p>
+<p>DIVORCE: Absolute for adultery, impotency,
+utter desertion for three years, gross and confirmed
+habits of intoxication, cruel and abusive treatment,
+wilful neglect to provide, sentence to imprisonment
+for five years.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: No Sunday labour. Ten hours
+a legal day's work. No woman to labour between
+10 P.M. and 6 A.M. in any manufacturing establishment,
+nor between 6 P.M. and 6 A.M. in any textile
+works. No child under 14 and no illiterate under
+16 and over 14 may be employed in any factory
+or mercantile establishment. No child under 14
+may be employed between 7 P.M. and 6 A.M., or
+during the time when the public schools are in
+session. Seats must be provided for females.
+No woman or young person shall be required to
+work more than six hours without thirty minutes
+for lunch. No child under 15 may engage in any
+gymnastic or theatrical exhibition.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage. They may be justices of the peace.
+188 women in ministry, 38 dentists, 180 journalists,
+47 lawyers, 729 doctors, 38 professors, 8
+saloon keepers, 3 bankers, 73 commercial travellers,
+31 carpenters, etc.</p>
+<a name="Page_202"></a><br>
+<p style="font-weight: bold;"><i>Michigan</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 1,248,905; female 1,172,077.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. Dower prevails, but not curtesy.
+When the wife has separate real estate, she controls
+it as if single. The husband cannot give
+full title to his real estate unless the wife joins so
+as to cut off her dower. Father is guardian of the
+children. Husband must support.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+imprisonment for three years, desertion for two
+years, habitual drunkenness, if husband or wife
+has obtained a divorce in another State.</p>
+<p>Limited or absolute divorce at the discretion
+of the court for extreme cruelty, desertion for two
+years, neglect to provide.</p>
+<p>LABOUR LAWS: No female may be employed in
+any place where liquor is sold. Seats must be
+provided for female employees. Ten hours a
+legal day's work. No Sunday labour. No child
+under 16 may take part in any acrobatic or mendicant
+or dangerous or immoral occupation, nor
+shall any minor be given obscene literature to
+sell. No female under 21 may be employed in
+any occupation endangering life, health, or morals.
+At least forty-five minutes must be allowed for
+lunch.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: All women who
+<a name="Page_203"></a>pay taxes may vote upon questions of local
+taxation and the granting of franchises. Parents
+and guardians have also school suffrage. Women
+serve as notaries public. 105 women in
+ministry, 17 dentists, 81 journalists, 27 lawyers,
+270 doctors, 26 professors, 23 saloon keepers, 13
+bankers, 53 commercial travellers, 32 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Minnesota</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 932,490; female 818,904.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings,
+but cannot convey or encumber her separate
+real estate without husband's consent. No dower
+or curtesy. If either husband or wife die intestate,
+the survivor, if there is issue living, is
+entitled to the homestead for life and one third
+of the rest of the estate in fee simple. If there
+are no descendants, the entire estate goes absolutely
+to the survivor. Husband is guardian of
+children and must support family.</p>
+<p>DIVORCE: Absolute for adultery, impotency,
+cruel and inhuman treatment, sentence to imprisonment
+after marriage, wilful desertion for
+one year, habitual drunkenness for one year.</p>
+<p>Limited divorce&#8212;to wife only&#8212;for cruel and
+inhuman treatment, on part of husband, or such
+conduct as may make it unsafe and improper for
+her to cohabit with him, desertion and neglect to
+provide.</p>
+<p><a name="Page_204"></a>LABOUR LAWS: Children between 8 and 18 must
+be sent to school during whole period schools are
+in session, except in cases of unusual poverty.
+Ten hours a legal day's work. Seats must be provided
+for female employees. No Sunday labour.
+No child under 18 may engage in any occupation
+between 6 P.M. and 7 A.M.; nor in any mendicant,
+acrobatic, immoral, or dangerous business. No
+child under 14 may work in factory or mine.
+A <i>female</i> factory inspector must be appointed.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage and may vote for library trustees. 80
+women in ministry, 18 dentists, 75 journalists,
+21 lawyers, 199 doctors, 16 professors, 17 saloon
+keepers, 10 bankers, 46 commercial travellers, 8
+carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Mississippi</i></p>
+<p>AGE OF LEGAL CONSENT: 10.</p>
+<p>POPULATION: Male 781,451; female 769,819.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. He manages her separate property,
+but must give an account of it annually. No
+dower or curtesy. If husband or wife dies intestate,
+the entire estate goes to the survivor; if
+there is issue, surviving husband or wife has a
+child's share of the estate. Each has equal rights
+in making a will. Father is legal guardian of
+children, but cannot deprive mother of custody
+of their persons. Husband must support.</p>
+<p><a name="Page_205"></a>DIVORCE: Absolute for marriage within
+prohibited
+degrees, natural impotence, adultery,
+sentence to the penitentiary, wilful desertion for
+two years, habitual drunkenness or excessive use
+of drugs, habitually cruel treatment, pregnancy of
+wife at time of marriage unknown to husband,
+bigamy, insanity, or idiocy when party applying
+did not know of it.</p>
+<p>No limited divorce. The court may decree
+that the guilty party must not marry again.</p>
+<p>LABOUR LAWS: No Sunday labour. There are
+no other laws.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: A woman as a free-holder
+or lease-holder may vote at a county
+election to decide as to the adoption or non-adoption
+of a law permitting stock to run at
+large. If a widow and the head of a family, she
+may vote on leasing certain portions of land in the
+township which are set apart for school purposes.
+Widows in country districts may also vote for
+school trustees. Women cannot be notaries
+public. 13 women in ministry, 2 dentists, 19
+journalists, 4 lawyers, 16 doctors, 3 professors,
+1 saloon keeper, 3 bankers, 9 commercial travellers,
+13 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Missouri</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 1,595,710; female 1,510,955.</p>
+<p>HUSBAND AND WIFE: Wife controls own
+<a name="Page_206"></a>earnings. Her separate property is liable for
+debts contracted by the husband for necessaries
+for the family. Wife can sue and be sued, make
+contracts, etc., in her own name. She may hold
+real property under three different tenures: an
+equitable separate estate created by certain technical
+words in the conveyance, and this she can dispose
+of without husband's consent; a legal separate
+estate, which she cannot convey without his
+joinder; and a common law estate in fee, of which
+the husband is entitled to the rents and profits.
+Dower and curtesy prevail. Husband is guardian
+of children and must support.</p>
+<p>DIVORCE: Absolute for impotence, bigamy,
+adultery, desertion for one year, conviction for
+felony or infamous crime, habitual drunkenness
+for one year, cruel treatment endangering life
+or intolerable indignities, vagrancy of husband,
+pregnancy of wife at time of marriage unknown
+to husband.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: Seats must be provided for female
+employees. No woman may be employed
+in any place where liquor is served except wife,
+daughter, mother, or sister of owner. No child
+under 14 to engage in any acrobatic, mendicant,
+dangerous, or immoral occupation. No Sunday
+labour. No female may work underground in a
+mine. Children between 8 and 14 must go to
+school. No child under 14 may work in any
+theatre, concert hall, factory; but this applies
+<a name="Page_207"></a>only to cities with 10,000 or more inhabitants,
+No female may labour more than 54 hours a week.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+may be notaries public. 138 women in
+ministry, 32 dentists, 87 journalists, 61 lawyers,
+303 doctors, 17 professors, 44 saloon keepers,
+30 bankers, 37 commercial travellers, 15 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Montana</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 149,842; female 93,487.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+There is dower, but not curtesy. Wife
+controls separate property. Husband is guardian
+of children and must furnish support; but wife
+must help, if necessary. Her personal property is
+subject to debts incurred for family expenses.</p>
+<p>DIVORCE: Absolute for adultery, extreme
+cruelty, wilful desertion, wilful neglect, habitual
+intemperance, conviction of felony.</p>
+<p>No limited divorce; but wife may have an action
+for permanent maintenance, at discretion of court,
+even though absolute divorce is denied.</p>
+<p>LABOUR LAWS: Children under 16 may not be
+employed in mines. Children between 8 and 14
+must go to school. No child under 16 may take
+part in any acrobatic, mendicant, or wandering
+occupation. No Sunday labour. No child under
+<a name="Page_208"></a>16 may work in mill, factory, railroad, in any
+place where machinery is operated, or in any
+messenger company.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women may vote
+for school trustees. Those owning property may
+vote on all questions submitted to tax-payers.
+They cannot be notaries public. 22 women in
+ministry, 3 dentists, 6 journalists, 3 lawyers, 16
+doctors, 7 saloon keepers, 2 commercial travellers,
+2 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Nebraska</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 564,592; female 501,708.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and separate property. Both dower and
+curtesy prevail; but wife can mortgage or sell
+her real estate without husband's consent and
+without regard for his right of curtesy. He can
+do the same with his separate property, but subject
+to her dower. Husband and wife are equal
+guardians of the children. Husband must provide;
+but wife's separate property can be levied on
+for necessaries furnished the family, if husband
+has no property. Wife is not "next of kin" and
+cannot sue, for example, for damages to a minor
+child, even though she is divorced and has custody
+of children.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+<a name="Page_209"></a>imprisonment for three years, desertion for two
+years, habitual drunkenness, imprisonment for
+life, extreme cruelty, neglect to provide.</p>
+<p>Limited divorce also for last three causes. Annulment
+for bigamy, when one party is white
+and other has one fourth or more negro blood,
+insanity or idiocy at time of marriage, consanguinity,
+obtaining marriage by fraud or force,
+when there has been no subsequent cohabitation.</p>
+<p>LABOUR LAWS: Children must go to school
+between 7 and 15. Ten hours a legal day's labour.
+Sunday labour forbidden. Females to be employed
+between 6 A.M. and 10 P.M. Seats must be
+provided. No child under 14 may be employed
+in any place where liquor is sold, factory, hotel,
+laundry, messenger work. No child under 14
+may be employed at all during school term.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women who are
+mothers of children of school age or who are assessed
+on real or personal property have school
+suffrage; but they cannot vote for State or county
+superintendents or county supervisors. Women
+act as notaries public. 95 women in ministry,
+16 dentists, 35 journalists, 23 lawyers, 134 doctors,
+11 professors, 10 saloon keepers, 15 commercial
+travellers, 12 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Nevada</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p><a name="Page_210"></a>POPULATION: Male 25,603; female 16,732.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+She may control her separate property,
+if a list of it is filed with the county recorder, but
+unless it is kept constantly inventoried and recorded,
+it becomes community property. The
+community property, both real and personal, is
+under absolute control of husband and at wife's
+death it all belongs to him. On death of the husband,
+wife is entitled to half of it. A wife's
+earnings are hers if her husband has allowed her
+to appropriate them to her own use, when they
+are regarded as a gift from him to her. Husband
+is legal guardian of children. Husband
+must provide; but there is no penalty if he does
+not.</p>
+<p>DIVORCE: Absolute for impotence, adultery
+since marriage remaining unforgiven, wilful desertion
+for one year, conviction for felony or
+infamous crime, habitual drunkenness which incapacitates
+party from contributing his or her
+share to support of family, extreme cruelty, wilful
+neglect to provide for one year.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: There are none dealing with
+women and children.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+cannot serve as notaries public. 2 women in
+ministry, 4 dentists, 1 journalist, 1 lawyer, 6
+doctors, 5 saloon keepers.</p>
+<a name="Page_211"></a><br>
+<p style="font-weight: bold;"><i>New Hampshire</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 205,379; female 206,209.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Dower and curtesy prevail. Wife can
+sue and be sued and make contracts without husband's
+consent. Husband is legal guardian of
+children, and must provide.</p>
+<p>DIVORCE: Absolute for impotence, adultery,
+extreme cruelty, imprisonment for one year,
+treatment seriously injuring health or endangering
+reason, absence for three years without being
+heard from, habitual drunkenness for three years,
+joining any religious sect which believes relation
+of husband and wife unlawful, desertion for three
+years with neglect to provide.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: No child under 12 may be employed
+in any factory, nor any child under 14
+while schools are in session. Nine hours and forty
+minutes the legal limit for female labour per day.
+No child under 14 shall engage in any acrobatic
+exhibition or in the selling of obscene literature.
+No Sunday labour. Seats must be provided for
+female employees. No female may sell or serve
+liquor.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS. Women have school
+suffrage. They may be notaries public. 25
+women in ministry, 3 dentists, 12 journalists, 2
+<a name="Page_212"></a>lawyers, 61 doctors, 3 professors, 9 saloon
+keepers
+6 commercial travellers, 5 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>New Jersey</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 941,760; female 941,909.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Dower and curtesy prevail. She has full
+disposal of her personal property by will; but
+must get husband's consent to convey or encumber
+her separate estate. Husband is guardian of
+children. Husband must furnish support; but
+wife must contribute, if he is unable.</p>
+<p>DIVORCE: Absolute for bigamy, marriage
+within prohibited degrees, adultery, wilful desertion
+for two years, impotence.</p>
+<p>Limited divorce for extreme cruelty.</p>
+<p>In case of desertion and neglect to provide,
+wife has an action for support.</p>
+<p>LABOUR LAWS: Seats must be provided for
+female employees. Hours for labour must be
+from 7 A.M. to 12 M. and from 1 P.M. to 6 P.M., except
+in fruit canning and glass factories. Sunday
+labour forbidden. No child under 18 may engage
+in any acrobatic, immoral, or mendicant occupation.
+No child under 15 may engage in any vocation
+unless he or she shall have attended school
+within twelve months immediately preceding. No
+child under 14 may work in a factory. No female
+<a name="Page_213"></a>employee shall be sent to any place of bad
+repute.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women in villages
+and country districts have school suffrage. They
+may be notaries public. 87 women in ministry,
+19 dentists, 45 journalists, 23 lawyers, 176 doctors,
+4 professors, 208 saloon keepers, 4 bankers, 11
+commercial travellers, 12 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>New Mexico</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p>POPULATION: Male 104,228; female 91,082.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Curtesy prevails. Neither husband nor
+wife can convey real property without consent
+of other. Husband is legal guardian of children,
+but is not required by law to support the family.</p>
+<p>DIVORCE: Absolute for adultery, cruel treatment,
+desertion, impotency, neglect to provide,
+habitual drunkenness, conviction for felony and
+imprisonment subsequent to marriage, pregnancy
+of wife at time of marriage unknown to husband.</p>
+<p>No limited divorce. But when husband and
+wife have permanently separated, wife has an action
+for support.</p>
+<p>LABOUR LAWS: No Sunday labour. There are
+no other laws relating to women and children.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Wo<a name="Page_214"></a>men
+may be notaries public. 10 women in ministry,
+2 dentists, 5 doctors, 3 professors, 2 saloon
+keepers, 1 commercial traveller, 3 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>New York</i></p>
+<p>AGE OF LEGAL CONSENT: 18. (Trials may be
+held privately, and it is almost impossible to secure
+a conviction.)</p>
+<p>POPULATION: Male 3,614,780; female 3,654,114.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Dower and curtesy prevail. Wife holds
+separate property free from control of husband.
+Both husband and wife can make wills without
+knowledge or consent of other. Wife can mortgage
+or convey her whole estate without husband's
+consent; he can do this with his personal property;
+but not with his real estate. Husband and wife
+are equal guardians of the children. Husband
+must provide.</p>
+<p>DIVORCE: Absolute for adultery only.</p>
+<p>Limited for cruelty, conduct rendering cohabitation
+unsafe or improper, desertion, neglect to
+provide.</p>
+<p>Court refuses to allow party guilty of adultery
+to marry again, but may modify this after five
+years if conduct of defendant has been uniformly
+good. Adultery is now a crime in New York.</p>
+<p>LABOUR LAWS: No child under 16 may take part
+in any acrobatic, mendicant, theatrical, wandering,
+dangerous, or immoral occupation. Children
+<a name="Page_215"></a>must attend school between 8 and 16. No child
+under 14 may be employed in any occupation
+during school term. Eight hours a day's work.
+Seats must be provided for female employees.
+No child under 14 may work in a factory. Female
+labour is confined between 6 A.M. and 9 P.M., and
+must not exceed 10 hours. No girl under 16
+shall sell papers or periodicals in any public place.
+Female employment agencies may not send applicant
+to any place of bad repute.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Tax-paying women
+in towns and villages may vote on questions of
+local taxation. Parents and widows with children
+have school suffrage in towns and villages. Women
+may be notaries public. 511 women in
+ministry, 108 dentists, 365 journalists, 124 lawyers,
+103 commercial travellers, 925 doctors, 49 professors,
+348 saloon keepers, 81 bankers, 84 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>North Carolina</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p>POPULATION: Male 938,677; female 955,133.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Dower and curtesy prevail. Wife controls
+separate property. Wife is not bound by a
+contract unless husband joins in writing. In
+actions against her he must be served with
+the suit. Wife cannot be sole trader without
+<a name="Page_216"></a>husband's written consent. Husband is legal
+guardian of children, and must provide.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+pregnancy of wife at time of marriage unknown to
+husband.</p>
+<p>Limited for desertion, turning partner maliciously
+out of doors, cruel treatment endangering
+life, intolerable indignities, habitual drunkenness.</p>
+<p>Wife has an action for separate maintenance
+if husband neglects to provide or is a drunkard
+or spendthrift.</p>
+<p>LABOUR LAWS: No Sunday labour. No child
+under 12 may be employed in factory, except
+oyster canning concerns which pay for opening
+oysters by the bushel. No person under 18 shall
+be required to labour more than 66 hours per
+week. No child under 12 shall work in a mine.
+No boy or girl under 14 shall work in a factory
+between 8 P.M. and 5 A.M.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+cannot be notaries public. 25 women in
+ministry, 6 journalists, 22 doctors, 2 professors,
+2 saloon keepers, 3 bankers, 4 commercial travellers,
+6 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>North Dakota</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 177,493; female 141,653.</p>
+<p>HUSBAND AND WIFE: Wife controls own earn<a name="Page_217"></a>ings
+and separate property absolutely. Dower
+and curtesy do not prevail; if husband or wife dies
+intestate, survivor takes one half of the estate, if
+there is only one child living or the lawful issue
+of one child; if there are more, survivor gets one
+third. If husband is unable to support family,
+wife must maintain him and the children. Husband
+is guardian of children.</p>
+<p>DIVORCE: Absolute for adultery, extreme cruelty,
+wilful desertion for one year, wilful neglect
+for one year, habitual intemperance for one
+year, conviction of felony.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: Children under 12 may not
+work in mines, factories, or workshops. Children
+must go to school between 8 and 14, unless they
+have already been taught adequately and poverty
+compels them to work. No Sunday labour. No
+woman under 18 shall labour more then ten hours
+per day.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage and are eligible to all school offices. They
+may be notaries public. 15 women in ministry,
+5 dentists, 2 journalists, 6 lawyers, 15 doctors,
+1 professor, 1 commercial traveller, 4 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Ohio</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 2,102,655; female 2,054,890.</p>
+<p><a name="Page_218"></a>HUSBAND AND WIFE: Husband controls wife's
+earnings, but wife controls separate property.
+Either husband or wife on the death of the other
+is entitled to one third of the real estate for life.
+Husband is legal guardian of children, and must
+provide; but if he is unable, wife must assist.</p>
+<p>DIVORCE: Absolute for bigamy, desertion for
+three years, adultery, impotence, extreme cruelty,
+fraudulent contract, any gross neglect of duty,
+habitual drunkenness for three years, imprisonment
+in penitentiary, procurement of divorce in
+another State. No limited divorce; but wife has
+an action for alimony without divorce for adultery,
+any gross neglect of duty, desertion, separation
+on account of ill treatment by husband,
+habitual drunkenness, sentence and imprisonment
+in penitentiary.</p>
+<p>LABOUR LAWS: No child under 14 may work in
+a mine. Children must go to school between 8
+and 14. Seats and suitable toilet rooms must be
+provided for female employees. No child under
+14 may be employed in any establishment or
+take part in any acrobatic, mendicant, dangerous,
+or immoral vocation. Hours for girls under 18
+confined between 6 A.M. and 7 P.M., nor may they
+work more than ten hours per day. No Sunday
+labour. No labour agency shall send any female to
+an immoral resort.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women may vote
+for members of boards of education, but not for
+<a name="Page_219"></a>State commissioner nor on bonds and
+appropriations.
+They cannot be notaries. 206 women in
+ministry, 40 dentists, 151 journalists, 66 lawyers,
+451 doctors, 26 professors, 337 saloon keepers,
+15 bankers, 62 commercial travellers, 31 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Oklahoma</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 214,359; female 182,972.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and separate property absolutely. If husband
+or wife dies intestate, leaving one child or
+lawful issue of child, survivor receives one third of
+the estate; otherwise one half. If there are no
+kin, survivor takes all. Husband is guardian of
+children, and is expected to provide; but law assigns
+no penalty if he does not.</p>
+<p>DIVORCE: Absolute for bigamy, desertion for
+one year, impotence, pregnancy of wife at time
+of marriage by other than husband, extreme
+cruelty, fraudulent contract, habitual drunkenness,
+gross neglect of duty, conviction and imprisonment
+for felony after marriage.</p>
+<p>Wife may have an action for separate maintenance
+for any of these causes without applying
+for divorce.</p>
+<p>LABOUR LAWS: No children under 15 may be
+employed in any occupation injurious to body or
+morals. No Sunday labour. Ten hours per day
+legal labour for children under 14.</p>
+<p><a name="Page_220"></a>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women may vote
+for school trustees. They may be notaries
+public. 29 women in ministry, 1 dentist, 5
+journalists, 5 lawyers, 26 doctors, 1 professor, 4
+commercial travellers, 3 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Oregon</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 232,985; female 183,972.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+By registering as a sole trader, she can
+carry on business in her own name. Civil disabilities
+are same for husband and wife except as to
+voting and holding office. If husband or wife
+dies intestate, and there are no descendants living,
+survivor takes whole estate. If there is issue
+living, the widow receives one half of husband's
+real estate and one half of his personal property.
+The widower takes a life interest in all the wife's
+real estate, whether there are children or not
+and all her personal property absolutely if there
+are no descendants living; otherwise one half.
+Husband and wife are equal guardians of children.
+Husband must provide.</p>
+<p>DIVORCE: Absolute for impotency, adultery,
+conviction for felony, habitual drunkenness for
+one year, wilful desertion for one year, cruel treatment
+or indignities making life burdensome.</p>
+<p>No limited divorce. Annulment if either party
+is one fourth negro or Mongolian blood.</p>
+<p><a name="Page_221"></a>LABOUR LAWS: No Sunday labour. No child
+under 14 shall work in factory, mill, mine, telegraph,
+telephone, or public messenger service;
+and no child under 14 shall be employed at all
+during school session. Attendance at school compulsory
+between 8 and 14. Hours of work for
+children under 16 to be confined between 7 A.M.
+and 6 P.M. Seats must be provided for female
+employees. Ten hours a day the legal limit for
+female labour.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women having
+property in school districts have school suffrage
+and may be elected school trustees. They may
+be notaries. 40 women in ministry, 15 dentists,
+17 journalists, 8 lawyers, 82 doctors, 7 professors,
+5 saloon keepers, 10 bankers, 18 commercial travellers,
+7 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Pennsylvania</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 3,204,541; female 3,097,574.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Dower and curtesy prevail. Wife cannot
+mortgage separate estate without husband's consent;
+cannot sue or be sued or contract without
+his consent; and in order to carry on business in
+her own name must secure special permission
+from the court. Husband is legal guardian of
+children, and must provide.</p>
+<p>DIVORCE: Absolute for impotence, bigamy,
+<a name="Page_222"></a>adultery, desertion for two years, cruelty or
+intolerable
+indignities, marriage within prohibited degrees
+of consanguinity or affinity, fraud, conviction for
+felony for more than two years, lunacy for ten
+years.</p>
+<p>Limited divorce for desertion, turning wife
+out of doors, cruelty, adultery.</p>
+<p>LABOUR LAWS: Seats must be provided for
+female employees. Employment of females in
+mines forbidden. Children under 18 may not
+engage in any mendicant occupations; those
+under 15 may not exhibit in any place where
+liquor is sold nor take part in any acrobatic or immoral
+vocation. Sunday labour forbidden. No
+female may work in bakery or macaroni or other
+establishment more than twelve hours per day.
+Children must go to school between 8 and 16.
+No child under 16 may work in any anthracite
+coal mine. No child under 14 shall be employed
+in any establishment. One hour must be allowed
+for lunch. No employment bureau shall send
+any female to an immoral resort.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. 290
+women in ministry, 73 dentists, 125 journalists,
+73 lawyers, 601 doctors, 38 professors, 183 saloon
+keepers, 17 bankers, 44 commercial travellers, 40
+carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Rhode Island</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 210,516; female 218,040.</p>
+<p><a name="Page_223"></a>HUSBAND AND WIFE: Wife controls own earnings
+and separate estate, subject to husband's
+right to curtesy. Curtesy and dower both prevail.
+Husband is legal guardian of children and
+must provide.</p>
+<p>DIVORCE: Absolute or limited for marriages
+originally void by law, conviction for crime involving
+loss of civil status, when either party
+may be presumed to be naturally dead from absence,
+etc., impotence, adultery, desertion for any
+time at discretion of court, continued drunkenness,
+neglect to provide, any gross misbehaviour.</p>
+<p>LABOUR LAWS: No child under 13 may be employed
+except during vacation. No child under
+15 may be employed unless he or she has school
+certificate. No child under 14 to work in factory.
+Hours of labour for children under 16 confined between
+6 A.M. and 8 P.M. Seats must be provided
+for all female employees. No child under 16 shall
+be employed in any acrobatic, mendicant, dangerous,
+or immoral occupation. Hours for female
+labour confined to ten. Sunday labour forbidden.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. 24
+women in ministry, 5 dentists, 7 journalists, 3
+lawyers, 56 doctors, 2 saloon keepers, 5 commercial
+travellers, 6 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>South Carolina</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p>POPULATION: Male 664,895; female 675,421.</p>
+<p><a name="Page_224"></a>HUSBAND AND WIFE: Wife controls own earnings
+and separate estate absolutely. Dower prevails,
+but not curtesy. Husband is legal guardian
+of children, and is required to provide, but law as
+it stands offers many loopholes.</p>
+<p>DIVORCE: There are no divorce laws in South
+Carolina.</p>
+<p>LABOUR LAWS: Seats must be provided for
+female employees. Sunday labour forbidden. No
+child under 12 to work in factory, mill, or textile
+establishment, except in cases of extreme poverty
+duly attested; all such labour to be confined between
+6 A.M. and 8 P.M.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+cannot be notaries. 17 women in ministry,
+1 dentist, 6 journalists, 3 lawyers, 17 doctors, 13
+professors, 3 saloon keepers, 2 commercial travellers,
+13 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>South Dakota</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 216,164; female 185,406.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and controls separate estate. Joint real
+estate can be conveyed only by signature of both
+husband and wife, but husband can dispose of
+joint personal property without wife's consent.
+In order to control her separate property, wife
+must keep it recorded in the office of the county
+<a name="Page_225"></a>register. No dower and no curtesy. Survivor
+gets one half of estate, if there is one child or
+issue of child; otherwise one third; unless there
+are neither children nor kin, when survivor takes
+all. On the death of an unmarried child, father
+inherits all its property. If he is dead and there
+are no other children, mother succeeds; but if
+there are brothers and sisters, she inherits a child's
+share. Husband is guardian and must support;
+but if he is infirm, wife must do so.</p>
+<p>DIVORCE: Absolute for adultery, extreme
+cruelty, wilful desertion or neglect or habitual
+intemperance for one year, conviction of
+felony.</p>
+<p>No limited divorce.</p>
+<p>Party guilty of adultery cannot marry any
+other, except the innocent party, until death of
+latter.</p>
+<p>LABOUR LAWS: Sunday labour forbidden. No
+woman under 18 may labour more than ten hours
+a day. No child under 15 may work in mine,
+hotel, laundry, factory, elevator, bowling alley,
+or any place where liquor is sold. No child
+under 15 shall be employed at all while schools are
+in session.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women can vote
+for school trustees. They may be notaries. 29
+women in ministry, 3 dentists, 4 journalists, 12
+lawyers, 24 doctors, 7 professors, 3 saloon keepers,
+3 commercial travellers, etc.</p>
+<a name="Page_226"></a><br>
+<p style="font-weight: bold;"><i>Tennessee</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 1,021,224; female 999,392.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings, and wife can do nothing with her separate
+estate without his consent. Dower and curtesy
+prevail. Husband has right to all rents and profits
+of wife's estate. No law requires husband to
+provide. Husband is guardian of children.</p>
+<p>DIVORCE: Absolute for impotence, bigamy,
+adultery, desertion for two years, conviction for
+felony, attempted murder, pregnancy of woman
+at time of marriage without knowledge of husband,
+habitual drunkenness.</p>
+<p>Limited for wife only for cruel treatment by
+husband or intolerable indignities, and desertion
+or refusal to provide.</p>
+<p>Party guilty of adultery cannot marry person
+with whom adultery has been committed during
+life of former partner.</p>
+<p>LABOUR LAWS: No Sunday labour. No child
+under 14 may be employed in factory, workshop,
+or mine. Seats must be provided for female
+employees. Hours for labour of women confined
+to 60 per week.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. 30
+women in ministry, 1 dentist, 19 journalists, 14
+lawyers, 48 doctors, 9 professors, 6 saloon keepers, 4
+bankers, 16 commercial travellers, 6 carpenters, etc.</p>
+<a name="Page_227"></a><br>
+<p style="font-weight: bold;"><i>Texas</i></p>
+<p>AGE OF LEGAL CONSENT: 15.</p>
+<p>POPULATION: Male 1,578,900; female 1,469,810.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings and wife can do nothing with her separate
+property without his consent. No dower or curtesy.
+Husband and wife succeed equally to each other's
+estate. Husband is guardian of children and may
+be required to provide out of his wife's estate.</p>
+<p>DIVORCE: Absolute for excesses or outrages;
+in favour of husband when wife is taken in adultery
+or has deserted him for three years; in favour of
+wife, if husband has deserted her for three years
+or has abandoned her and lives in adultery with
+another woman. In favour of either husband or
+wife on conviction for felony.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: No Sunday labour. No child
+under 12 may be employed in any establishment
+using machinery. No females shall be employed
+in any place where liquor is sold except immediate
+members of owner's family.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+can be notaries. 50 women in ministry,
+12 dentists, 51 journalists, 17 lawyers, 100 doctors,
+3 professors, 26 saloon keepers, 18 bankers, 29
+commercial travellers, 12 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Utah</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p><a name="Page_228"></a>POPULATION: Male 141,687; female 135,062.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+No dower or curtesy. Husband and wife
+succeed equally to each other's estate at death.
+Woman controls separate estate absolutely.
+Husband is legal guardian of children. There is
+no penalty for non-support.</p>
+<p>DIVORCE: Absolute for impotence, adultery, desertion
+for one year, neglect to provide, habitual
+drunkenness, conviction of felony, cruel treatment
+causing bodily injury or mental distress, permanent
+insanity.</p>
+<p>No limited divorce; but wife has an action for
+separate maintenance in case of desertion or
+neglect to provide on part of husband.</p>
+<p>LABOUR LAWS: No females may work in mines.
+No Sunday labour.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Full suffrage; therefore
+all offices are open to women. 20 women
+in ministry, 5 dentists, 7 journalists, 1 lawyer,
+34 doctors, 2 saloon keepers, 1 banker, 3 commercial
+travellers, 1 carpenter, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Vermont</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Males 175,138; females 168,503.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and controls separate property. No dower
+or curtesy. Husband and wife have same powers
+<a name="Page_229"></a>of mutual inheritance, except that widower does
+not take his wife's personal property. Husband
+is guardian of children and must support.</p>
+<p>DIVORCE: Absolute or limited for adultery,
+sentence to hard labour, intolerable severity, desertion
+for three years, neglect to provide, absence
+for seven years without being heard from.</p>
+<p>LABOUR LAWS: No child under 16 to be employed
+after 8 P.M. No child under 12 may
+work in mill, factory, railroad, quarry, or messenger
+service. No female shall be employed in
+barrooms. No Sunday labour.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage. They may be notaries. 17 women in
+ministry, 3 dentists, 15 journalists, 21 doctors,
+1 professor, 2 saloon keepers, 11 commercial
+travellers, 3 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Virginia</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p>POPULATION: Male 925,897; female 928,287.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and separate property absolutely. Dower
+and curtesy prevail. Husband is guardian of
+children and must support.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+sentence to penitentiary, conviction of an infamous
+offence prior to marriage without knowledge
+of other party, desertion for three years,
+<a name="Page_230"></a>pregnancy of wife at time of marriage or
+previous
+prostitution without knowledge of husband.</p>
+<p>Limited for cruelty, reasonable apprehension of
+bodily hurt, desertion.</p>
+<p>LABOUR LAWS: Seats must be provided for
+female employees. Hours of female labour confined
+to ten. No child under 12 may work in
+factory or mine; no child under 14 shall work between
+6 P.M. and 7 A.M. No child under 14 shall
+be hired for any mendicant, acrobatic, dangerous,
+or immoral occupation. No Sunday labour.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL,
+AND PROFESSIONAL STATUS: No suffrage. 37
+women in ministry, 1 dentist, 12 journalists, 7
+lawyers, 32 doctors, 20 professors, 19 saloon
+keepers, 13 commercial travellers, 9 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Washington</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 304,178; female 213,925.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and controls separate estate; but control of
+community property is vested absolutely in the
+husband; this includes everything acquired after
+marriage by the joint or separate efforts of either.
+Husband and wife have equal rights of inheritance
+to one another's estate; but are not equal
+guardians of the children, as husband can exclude
+wife by will. Support of the family is
+chargeable upon the property of both husband or
+wife, or either of them. No dower or curtesy.</p>
+<p><a name="Page_231"></a>DIVORCE: Absolute for any cause deemed by
+court sufficient, when court is satisfied that parties
+can no longer live together, fraudulent contract,
+adultery, impotence, desertion for one year,
+cruel treatment, habitual drunkenness, neglect
+to provide, imprisonment.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: No female may be employed in
+a mine. Every profession and occupation open
+to women, but they may not hold public office.
+No Sunday labour. Females shall not be employed
+in any place where liquor is sold. Seats must be
+provided for female employees. Hours limited to
+ten. No child under 14 shall labour in factory,
+mill, or workshop except at discretion of juvenile
+judge. Children must go to school between 8
+and 15.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+and bond suffrage, but cannot vote for State
+or county superintendents. 38 women in ministry,
+7 dentists, 13 journalists, 13 lawyers, 62
+doctors, 3 professors, 8 saloon keepers, 1 banker,
+8 commercial travellers, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>West Virginia</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p>POPULATION: Male 499,242; female 459,558.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings,
+but cannot sell or encumber her separate
+<a name="Page_232"></a>property without husband's consent. Husband is
+legal guardian and must provide. Dower and
+curtesy prevail.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+imprisonment in penitentiary, conviction of an
+infamous offence before marriage, desertion for
+three years, pregnancy of wife at time of marriage
+or prostitution before without knowledge of husband,
+in favour of wife when husband was notoriously
+a licentious person before marriage without
+her knowledge.</p>
+<p>Limited for cruelty, reasonable apprehension of
+bodily hurt, desertion, habitual drunkenness.</p>
+<p>LABOUR LAWS: No Sunday labour. No child
+under 12 may work in factory or mill and no child
+under 14 shall be employed during school session.
+No child under 15 may be employed in any
+mendicant, acrobatic, immoral, or dangerous occupation,
+nor in any place where liquor is sold.
+Seats must be provided for female employees.
+No female may work in mine.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+cannot be notaries. 26 women in ministry,
+4 dentists, 4 journalists, 4 lawyers, 18 doctors, 4
+professors, 9 saloon keepers, 2 bankers, 3 commercial
+travellers, 2 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Wisconsin</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 1,067,562; female 1,001,480.</p>
+<p><a name="Page_233"></a>HUSBAND AND WIFE: Wife controls own earnings.
+Assignment of wages of husband must
+have wife's written consent. Wife controls separate
+property absolutely. Dower and curtesy
+prevail. Husband is guardian of children and
+must provide.</p>
+<p>DIVORCE: Absolute for impotence, adultery,
+sentence to imprisonment for three years prior to
+marriage. Limited or absolute for desertion for
+one year, cruelty, habitual drunkenness, neglect
+to provide, conduct of husband rendering it improper
+or unsafe for wife to live with him.</p>
+<p>LABOUR LAWS: Female labour confined to eight
+hours per day. No child under 14 may work in
+factory, workshop, bowling alley, or mine. Children
+between 14 and 16 must get permission from
+juvenile judge. No child under 16 shall be employed
+on dangerous machinery. None under
+14 shall take part in theatrical or circus exhibition
+as musician unless accompanied on tours
+by parent or guardian. Authorities shall in all
+cases determine whether occupation is dangerous
+or immoral for children under 14. No Sunday
+labour.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage. They may be notaries. 65 women in
+ministry, 24 dentists, 32 journalists, 23 lawyers,
+154 doctors, 12 professors, 143 saloon
+keepers, 2 bankers, 27 commercial travellers, 9
+carpenters, etc.</p>
+<a name="Page_234"></a><br>
+<p style="font-weight: bold;"><i>Wyoming</i></p>
+<p>AGE OF LEGAL CONSENT: 21.</p>
+<p>POPULATION: Male 58,184; female 34,347.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and separate property absolutely. Neither
+dower nor curtesy prevail. Husband and wife
+have same rights of mutual inheritance. Husband
+is legal guardian of children, but there is no
+penalty if he does not provide.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+conviction for felony, desertion for one year,
+habitual drunkenness, extreme cruelty, neglect
+to provide for one year, intolerable indignities,
+vagrancy of husband, conviction of felony prior
+to marriage unknown to other party, pregnancy
+of wife at time of marriage unknown to husband.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: No female shall work in mine.
+Acrobatic, mendicant, dangerous, or immoral
+occupations forbidden to children under 14. No
+Sunday labour. Seats must be provided for female
+employees.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Full suffrage. Women
+are eligible for all offices. 2 women in
+ministry, 2 journalists, 12 doctors, 1 professor,
+no saloon keepers, lawyers, or dentists, 2 carpenters,
+etc.</p>
+<br>
+<p>In studying these tables, it should be remembered
+that new laws are being made constantly;
+<a name="Page_235"></a>and that the census of 1910 will give figures
+which
+as soon as they appear must supersede those of
+1900.</p>
+<br>
+<h4 style="text-align: left;">SOURCES:</h4>
+<p>I. The Statutes of the Several States, from earliest times to
+the present day. Published by Authority.</p>
+<p>II. All newspapers and periodicals.</p>
+<p>III. The Census Reports, especially the various separate reports
+such as that on "Marriage and Divorce"; and the Reports
+of the Commissioner of Labour.</p>
+<p>IV. The History of Woman Suffrage: edited by Elizabeth
+Cady Stanton, Susan B. Anthony, Matilda Joslyn Gage, and
+Ida Husted Harper, 4 vols. [First two published by Fowler and
+Wells, New York, 1881 and 1882; last two by Susan B. Anthony,
+Rochester, 1887 and 1902.]</p>
+<p>V. The Encyclopedia of Social Reforms: edited by William
+D.P. Bliss, with the Co-operation of many Specialists. Funk
+and Wagnalls, New York and London, 1898.</p>
+<br>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_410"></a><a href="#FNanchor_410">[410]</a>
+<div class="note">
+<p> See, for example, the account in the <i>New York Tribune</i>,
+Sept. 8, 9, and 12, 1853, of what happened at the Women's
+Rights Convention at that time.</p>
+</div>
+<a name="Footnote_411"></a><a href="#FNanchor_411">[411]</a>
+<div class="note">
+<p> In 1900 there were 7399 female physicians and surgeons in
+the United States, and 808 female dentists.</p>
+</div>
+<a name="Footnote_412"></a><a href="#FNanchor_412">[412]</a>
+<div class="note">
+<p> In 1900 there were 1049 women lawyers in the United
+States. The above statements are from Bliss, <i>Encyc</i>., p. 1291.</p>
+</div>
+<a name="Footnote_413"></a><a href="#FNanchor_413">[413]</a>
+<div class="note">
+<p> In 1900 there were 3405 women clergy in the United States.</p>
+</div>
+<a name="Footnote_414"></a><a href="#FNanchor_414">[414]</a>
+<div class="note">
+<p> In 1900 there were 2193 women journalists in the United
+States. This does not, of course, include women reporters
+and the like.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_IX"></a>
+<h2><a name="Page_236"></a>CHAPTER IX</h2>
+<h2>GENERAL CONSIDERATIONS</h2>
+<p>It is twenty-three centuries since Plato gave to
+the world his magnificent treatise on the
+State. The dream of the Greek philosopher of
+equal rights for all intelligent citizens, among
+whom he includes women, has in large part been
+realised; but much is yet wanting to bring society
+to the standard of the Ideal Republic. In not a
+few States of the world the conditions affecting
+property rights are inequitable; in all but very
+few States woman is still barred from the field of
+politics and from the legitimate rights of citizenship;
+and the day seems far distant when the
+States possessing a representative government will
+be prepared to accept the woman citizen as eligible
+for administrative positions.</p>
+<p>It will, therefore, be my purpose in this chapter
+first to consider five of the most serious objections
+to the granting of equal suffrage, that is to
+say, to the concession to women of full citizens'
+rights under the law. It will be found that these
+objections are based on a presumed inferiority of
+women to men in various respects. I shall give
+consideration next in order to the question of the
+<a name="Page_237"></a>inferiority or superiority of one sex over the
+other.
+In view, furthermore, of the new ferment in
+thought in modern society, it will be useful to
+analyse certain habits of mind and to indicate the
+necessity for a readjustment of old beliefs in
+the light of recent evolution. I shall conclude
+my history with a suggestion for definite reforms
+which, I believe, must be brought about, whether
+equal suffrage is granted or not, before women can
+attain their maximum of efficiency.</p>
+<p>The opposition to the granting of equal suffrage
+is, as I have said, based mainly upon five
+classes of contentions:</p>
+<br>
+<table summary="" border="0" style="width: 100%;" cellpadding="2" cellspacing="2">
+  <tbody>
+    <tr>
+      <td style="text-align: right; width: 10%;"><span
+ style="margin-left: 1em;">I.</span></td>
+      <td> The theological.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right; width: 10%;"><span
+ style="margin-left: 0.5em;">II.</span></td>
+      <td> The physiological.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right; width: 10%;">III.</td>
+      <td> The social or political.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right; width: 10%;"><span
+ style="margin-left: 0.5em;">IV.</span></td>
+      <td> The intellectual.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right; width: 10%;"><span
+ style="margin-left: 1em;">V.</span></td>
+      <td> The moral.</td>
+    </tr>
+  </tbody>
+</table>
+<p>A consideration and an analysis of these five
+classes of objections will constitute a summary of
+the relations of woman to the community, and
+may also serve as a guide or suggestion to the
+possibility of a legitimate development, in the
+near future, of her rights as a citizen.</p>
+<p><span style="font-weight: bold;">I.</span> The theological argument
+is based upon
+the distinctly evil conception of woman, presented
+in <i>Genesis</i>, as the cause of misery in this world
+and upon the subordinate position assigned to her
+by Paul and Peter. Christ himself has left us
+no teachings on the subject. The Hebrew and
+Oriental creed of woman's sphere permeated the
+<a name="Page_238"></a>West as Christianity expanded and forced to
+extinction the Roman principle of equality. Only
+within fifty years, has the female sex regained the
+rights enjoyed by women under the law of the
+Empire seventeen centuries ago. The Apostolic
+theory of complete subordination gained strength
+with each succeeding age. I have already cited
+instances of ecclesiastical vehemence. As a final
+example I may recall that when, early in the
+nineteenth century, chloroform was first used
+to help women in childbirth, a number of Protestant
+divines denounced the practice as a sin
+against the Creator, who had expressly commanded
+that woman should bring forth in sorrow
+and tribulation. Yet times have so far changed
+within two decades that the theological argument
+is practically obsolete among Protestants, although
+it is still influential in the Roman Catholic
+Church, which holds fast to the doctrine laid
+down by the Apostles. We may say, however,
+that of all the objections, the theological has, in
+practice, the least weight among the bulk of the
+population. The word <i>obey</i> in the clerical formula
+<i>love, honour, and obey</i> provokes a smile.</p>
+<p><span style="font-weight: bold;">II.</span> The physiological
+argument is more powerful.
+Its supporters assert that the constitution
+of woman is too delicate, too finely wrought to
+compete with man in his chosen fields. The
+physiological argument makes its appearance most
+persistently in the statement that woman should
+have no vote because she could not defend her
+<a name="Page_239"></a>property or her country in time of war. In reply
+to this some partisans of equal suffrage have
+thought it necessary to prove that women are
+physically equal in all respects to men. But the
+issues between nations which in the centuries
+past it had been believed could be adjusted only
+by war, by being fought out (not, of course,
+to any logical conclusion, but to a result which
+showed simply that one party was stronger than
+the other), are now, in the great majority of cases,
+determined by the more reasonable, the more
+civilised, method of arbitration.</p>
+<p>As a matter of fact, the cause of woman's rights
+will suffer no harm by a frank admission that
+women are not, in general, the peers of men in
+brute force. The very nature of the female sex,
+subjected, as it is, to functional strains from which
+the male is free, is sufficient to invalidate such a
+claim. A refutation of the physiological objection
+to equal suffrage is, however, not hard to
+find. Even in war, as it is practised to-day,
+physical force is of little significance compared
+with strategy which is a product of the intellect.
+In a naval battle for instance, ships no longer engage
+at close range, where it is possible for the crew
+of one to board the opposing ship and engage in
+hand to hand conflict with the enemy; machinery
+turns the guns and even loads them; the whole
+fight is simply a contest between trained gunners,
+who must depend for success on cool mathematical
+computation.</p>
+<p><a name="Page_240"></a>Nevertheless, it is true that under stress or
+the
+need of making a livelihood women in many instances
+do show physical endurance equal to that
+of men. Women who are expert ballet dancers
+and those who are skilled acrobats can hardly
+be termed physiological weaklings. In Berlin,
+you may see women staggering along with huge
+loads on their backs; in Munich, women are street-cleaners
+and hod-carriers; on the island of Capri,
+the trunk of the tourist is lifted by two men onto
+the shoulder of a woman, who carries it up the
+steep road to the village. In this country many
+women are forced to do hard bodily labour ten
+hours a day in sweat-shops. In all countries
+and in all ages there have been examples of women
+who, disguised as men, have fought side by
+side with the male and with equal efficiency. The
+case of Joan of Arc will at once occur to the
+reader; and those who are curious about this
+subject may, by consulting the records of our
+Civil War, find exciting material in the story of
+"Belle Boyd," "Frank Miller," and "Major
+Cushman."<a name="FNanchor_415"></a><a href="#Footnote_415"><sup>[415]</sup></a></p>
+<p>Doubtless women are stronger physically than
+they were a half-century ago, when it was considered
+unladylike to exercise. If you will read
+the novels of that time, you will find that the
+heroine faints on the slightest provocation or
+weeps copiously, like Amelia in <i>Vanity Fair</i>,
+<a name="Page_241"></a>whenever the situation demands a grain of
+will-power
+or of common-sense. But to-day women
+seldom faint or weep in literature; they play tennis
+or row. When, in 1844, Pauline Wright Davis
+lectured on physiology before women in America
+and displayed the manikin, some of her auditors
+dropped their veils, some ran from the room, and
+some actually became unconscious, because their
+sense of delicacy was put to so sharp a test.</p>
+<p>It should be borne in mind, in connection with
+the contention that the privileges of a citizen
+ought to be accorded only to those persons who
+are physically capable of helping to defend the
+community by force, that no such principle is applied
+in fixing the existing qualifications for male
+citizenship. A large number of the voters of
+every community are, on the ground either of
+advanced years or of invalidism, physically disqualified
+for service as soldiers, sailors, or policemen.
+This group of citizens includes a very large
+proportion of the thinking power of the community.
+No intelligently directed state would,
+however, be prepared to deprive itself of the counsels,
+of the active political co-operation, and of the
+service from time to time in the responsibility of
+office, of men of the type of Gladstone (at the age
+of seventy-five), of John Stuart Mill (always a
+physical weakling), of Washington (serving as
+President after he was sixty), on the ground that
+these citizens were no longer capable of carrying
+muskets in the ranks.</p>
+<p><a name="Page_242"></a>Any classification of citizens, any
+privileges
+extended to voters, ought, of course, to be arrived
+at on a consistent and impartial principle.</p>
+<p>Further, under the conditions obtaining in
+this twentieth century, governments, whether of
+nations, of states, or of cities, are carried on not
+by force but by opinion. In the earlier history
+of mankind, each family was called upon to maintain
+its existence by physical force. The families
+the members of which (female as well as male)
+were not strong enough to fight for their existence
+were crushed out. Par into the later centuries,
+issues between individuals were adjusted by the
+decision of arms. Up to within a very recent
+date, it may be admitted that issues between
+nations could be settled only by war. It is, however,
+at this time the accepted principle of representative
+government in all communities that
+matters of policy are determined by the expression
+of opinion, that is by means of the votes given by
+the majority of its citizens. It is by intelligence
+and not by brute force that the world is now being
+ruled, and with the growth of intelligence and a
+better understanding of the principles of government,
+it is in order not only on the grounds of
+justice but for the best interests of the state to
+widen the foundations of representative government,
+so as to make available for voting and for
+official responsibilities all the intelligence that is
+comprised within the community. This is in my
+judgment the most conclusive reply to the objec<a name="Page_243"></a>tion
+that the physical weakness of woman unfits
+her for citizenship.</p>
+<p><span style="font-weight: bold;">III.</span> According to the social
+or political argument,
+if woman is given equal rights with man,
+the basis of family life, and hence the foundation
+of the state itself, is undermined, as a house
+divided against itself cannot stand. It is said
+that <span style="font-weight: bold;">(1) </span>there must be some
+one authority in a
+household and that this should be the man; <span
+ style="font-weight: bold;">(2)
+</span>woman will neglect the home if she is left free to
+enter politics or a profession; <span style="font-weight: bold;">(3)</span>
+politics will
+degrade her; <span style="font-weight: bold;">(4)</span> when
+independent and self-asserting
+she will lose her influence over man;
+and <span style="font-weight: bold;">(5) </span>most women do not
+want to vote or to
+enter politics.</p>
+<p>It is astonishing with what vehemence men will
+base arguments on pure theory and speculation,
+while they wilfully close their eyes to any facts
+which may contradict their assumptions. It is
+inconceivable to a certain type of mind that a
+husband and wife can differ on political questions
+and may yet maintain an even harmony, while
+their love abates not one whit. In the four States
+where women vote&#8212;Wyoming, Colorado, Utah,
+and Idaho&#8212;there is no more divorce than in
+other States; and any one who has travelled in
+these communities can attest that no domestic
+unhappiness results from the suffrage. Nor does
+it in New Zealand.</p>
+<p>It is said that there must be some one supreme
+authority; but this depends on the view taken of
+<a name="Page_244"></a>marriage. Under the old Common Law, the
+personality of the wife was merged completely
+in that of her husband; marriage was an absolute
+despotism. Under the Canon Law, woman is
+man's obedient and unquestioning subject; marriage
+is a benevolent despotism. To-day people
+are more inclined to look upon matrimony as a
+partnership of equal duties, rights, and privileges.</p>
+<p>Sophocles argued in one of his tragedies that
+children belong entirely to the father, that the
+mother can assert no valid claim for anything.
+Lawyers have found this logic excellent; and the
+records are full of instances of children being
+taken from a hard-working mother in order to be
+handed over to a drunken father who wants their
+wages for his support. It is no longer so in most
+states. Civilisation has advanced so far, that the
+pains of bringing forth and raising children are
+acknowledged to give the mother a right almost
+equal to that of the father to determine all that
+concerns the child. There is some reason, therefore,
+for believing that she should have a voice
+also in passing upon laws which may make or
+undo for ever the welfare of the boys and girls for
+whom she struggles during the years that they
+are growing to manhood and womanhood. Men
+are for the greater part so engrossed in business
+that on certain questions they are far less competent
+to be "authorities" than women. Against
+stupid pedagogy, against red-tape, against the
+policy that morality must never interfere with
+<a name="Page_245"></a>business principles, against civic dirtiness,
+against
+brothel and saloon, women are more active than
+men, because they see more clearly how vitally
+the interests of their children are affected by these
+evil conditions. Wherever women vote, these
+questions are to the fore.</p>
+<p>Closely connected with the "one authority"
+argument is the old contention, so often resorted
+to and relied upon, that women, if they are permitted
+to vote, will neglect the home, and that,
+if the professions are opened to them, they will
+find these too absorbingly attractive. Much
+weight should, however, be given to the great
+power of the domestic instinct implanted in the
+nature of woman. In the States where women
+vote and are eligible for political offices, there
+are fewer unmarried women in proportion to the
+population than in States where they have no such
+rights. The great leaders of the woman suffrage
+movement from Mrs. Stanton to Mrs. Snowden
+have in their home circle led lives as beautiful
+and have raised families as large and as well
+equipped morally and intellectually as those who
+are content to sit by the fire and spin.</p>
+<p>Thus far I have argued from the orthodox view,
+that matrimony ought to be the goal of every
+woman's ambition. But if a woman wishes to
+remain single and devote herself exclusively to
+the realisation of some ideal, it is hard to see
+why she should not. Men who take this course
+are eulogised for their noble self-sacrifice in
+<a name="Page_246"></a>immolating themselves for the advancement of
+the cause of civilisation; women who do precisely
+the same thing are sometimes unthinkingly spoken
+of in terms of contempt or with that complacent
+pity which is far worse. It is difficult for us to
+realise adequately what talented women like
+Rosa Bonheur had to undergo because of this
+curious attitude of humanity.</p>
+<p>"The home is woman's sphere." This shibboleth
+is the logical result of the attitude mentioned.
+Doubtless, the home is woman's sphere;
+but the home includes all that pertains to it&#8212;city,
+politics and taxes, laws relating to the protection
+of minors, municipal rottenness which may
+corrupt children, schools and playgrounds and
+museums which may educate them. Few doctrines
+have been productive of more pain than the
+"woman's sphere" argument. It is this which
+has, for a thousand years, made the unmarried
+woman, the <i>Old Maid</i>, the butt of the contemptible
+jibes of Christian society, whereof you will find
+no parallel in pagan antiquity. Dramatic writers
+have held her up to ridicule on the stage on account
+of the peculiarities of character which are
+naturally acquired when a person is isolated from
+participation in the activities of life. It is the
+doctrine which has made women glad to marry
+drunkards and rakes, to bring forth children
+tainted with the sins of their fathers, and to suffer
+hell on earth rather than incur the ridicule of the
+Christian gentleman who may, without incurring
+<a name="Page_247"></a>the protest of society, remain unmarried and sow
+an unlimited quantity of wild oats. It is this doctrine
+which was indirectly responsible for the
+hanging and burning of eccentric old women on
+the charge that they were witches. As men found
+a divine sanction for keeping women in subjection,
+so in those days of superstition did they blaspheme
+their Creator by digging out of the Old Testament,
+as a justification for their brutality, the text,
+"Thou shalt not suffer a witch to live."</p>
+<p>"Politics will degrade women"&#8212;this na&iuml;ve
+confession that politics are rotten is a fairly
+strong argument that some good influence is
+needed to make them cleaner. Generally speaking,
+it is difficult to imagine how politics could be
+made any worse. If a woman cannot go to the
+polls or hold office without being insulted by
+rowdies, her vote will be potent to elect officials
+who should be able to secure for the community a
+standard of reasonable civilisation. There is no
+case in which more sentimentality is wasted.
+Lovely woman is urged not to allow her beauty,
+her gentleness, her tender submissiveness to become
+the butt of the lounger at the street corner;
+and in most instances lovely woman, like the
+celebrated Ma&icirc;tre Corbeau, is cajoled effectively.
+Meanwhile the brothel and the sweat-shop continue
+on their prosperous way. By a curious
+inconsistency, man will permit woman to help
+him out of a political dilemma and will then
+suavely remark that suffrage will degrade her.</p>
+<p><a name="Page_248"></a>During the Civil War, Anna Dickinson by her
+remarkable lecture entitled, "The National
+Crisis" saved New Hampshire and Connecticut
+for the Republicans; Anna Carroll not only gave
+such a crushing rejoinder to Breckinridge's secession
+speech that the government printed and
+distributed it, but she also, as is now generally
+believed, planned the campaign which led to the
+fall of Forts Henry and Donelson and opened
+the Mississippi to Vicksburg. How many men
+realise these facts?</p>
+<p>The theory that politics degrade women will
+not find much support in such States as Colorado
+and Wyoming. Here, where equal suffrage obtains,
+women have been treated with uniform
+courtesy at the polls; they have even been elected
+to legislatures with no diminution of their womanliness;
+and the House of Wyoming long ago made
+a special resolution of its approval of equal rights
+and attested the beneficial results that have followed
+the extension of the suffrage to women.<a name="FNanchor_416"></a><a
+ href="#Footnote_416"><sup>[416]</sup></a>
+Judge Lindsey of Colorado has said that his
+election, and consequent power to work out his
+great reforms in juvenile delinquency, was due to
+the backing of women at a time when men, for
+"<a name="Page_249"></a>business reasons," were averse to extend their
+aid. "No one would dare to propose its repeal
+[i.e., the repeal of equal suffrage], and if left to
+the men of the State any proposition to revoke the
+rights bestowed on women would be overwhelmingly
+defeated." Experience in Colorado and
+elsewhere has shown that any important moral
+issue will bring out the women voters in great
+force; but after election they are content to resume
+their domestic duties; and they have shown
+no great desire for political office.<a name="FNanchor_417"></a><a
+ href="#Footnote_417"><sup>[417]</sup></a></p>
+<p><a name="Page_250"></a>Before I leave the discussion as to whether
+politics degrade women, it will not be out of
+place to consider the question whether certain
+women may not, if they have a vote, degrade
+politics. Of such women there are two classes&#8212;the
+immoral and the merely ignorant. As to
+the former, much fear has been expressed that they
+would be the very agents for unscrupulous politicians
+to use at the polls. Exact data on this
+<a name="Page_251"></a>matter are not available. I shall content myself
+with quoting a statement by Mrs. Ida Husted
+Harper<a name="FNanchor_418"></a><a href="#Footnote_418"><sup>[418]</sup></a>:</p>
+<p>"That 'immoral' class," said Mrs. Harper, "is
+a bogey that has never materialised in States
+where women have the suffrage. Those women
+don't vote. Indeed, Denver's experience has
+been interesting in that respect. When equal
+suffrage was first granted, women of that class
+were compelled by the police to register. It was
+a question of doing as the police said, of course,
+or being arrested. The women did not want to
+vote. They don't go under their real names; they
+have no fixed residence, and so on. Anyway,
+the last thing they wanted was to be registered
+voters.</p>
+<p>"But the corrupt political element needed their
+vote, and were after it, through the police. These
+women actually appealed to a large woman's
+political club to use its influence to keep the police
+from forcing them to register. A committee was
+appointed; it was found that the story was true;
+coercion was stopped, and the women's vote
+turned out the chief of police who attempted it.
+There is now no coercion, and this class simply
+pays no attention to politics at all."</p>
+<p>The doubling of the number of ignorant voters
+by giving all women alike the ballot would be a
+more serious affair. A remedy for that, however,
+lies in making an educational test a necessary
+<a name="Page_252"></a>qualification for all voters. In this connection
+the remarks of Mr. G.H. Putnam are suggestive<a name="FNanchor_419"></a><a
+ href="#Footnote_419"><sup>[419]</sup></a>:
+"If I were a citizen of Massachusetts
+or of any State which, like Massachusetts, possesses
+such educational qualification, I should be
+an active worker for the cause of equal suffrage.
+As a citizen of New York who has during the last
+fifty years done his share of work in the attempt
+to improve municipal conditions, I am forced to
+the conclusion that it will be wiser to endure for
+a further period the inconsistency, the stupidity,
+and the injustice of the disfranchisement of thousands
+of intelligent women voters rather than to
+accept the burden of an increase in the mass
+of unintelligent voters. The first step toward
+'equal suffrage' will, in my judgment, be a fight
+for an educational qualification for all voters."</p>
+<p>Those who maintain that when women are independent
+and self-asserting, they will lose their
+influence over men, assume that we view things
+to-day as they did a century ago and that the
+thoughts of men are not widened with the progress
+of the suns. The woman who can share the
+aspirations, the thoughts, the complete life of a
+man, who can understand his work thoroughly
+and support him with the sympathy born of
+perfect comprehension, will exert a far vaster influence
+over him than the milk-and-water ideal
+who was advised "to smile when her husband
+smiled, to frown when he frowned, and to be
+<a name="Page_253"></a>discreetly silent when the conversation turned
+on
+subjects of importance." It is a good thing for
+women to be self-asserting and independent.
+There is and always has been a class of men who,
+like Mr. Murdstone, are amenable to justice and
+reason only when they know that their proposed
+victim can at any time break the chains with
+which they would bind her.</p>
+<p>This brings us to the last of the social or political
+arguments, viz., "Most women do not want to
+vote."<a name="FNanchor_420"></a><a href="#Footnote_420"><sup>[420]</sup></a>
+Precisely the same argument has been
+used by slave owners from time immemorial&#8212;the
+slaves do not wish to be free. As Professor
+Thomas writes<a name="FNanchor_421"></a><a href="#Footnote_421"><sup>[421]</sup></a>:
+"Certainly the negroes
+of Virginia did not greatly desire freedom before
+the idea was developed by agitation from the
+outside, and many of them resented this outside
+interference. 'In general, in the whole western
+Sahara desert, slaves are as much astonished
+to be told that their relation to their owners is
+wrong and that they ought to break it, as
+boys amongst us would be to be told that
+their relation to their fathers was wrong and
+ought to be broken.' And it is reported from
+eastern Borneo that a white man could hire no
+natives for wages. 'They thought it degrading to
+work for wages, but if he would buy them, they
+would work for him.'" It is akin to the old
+<a name="Page_254"></a>contention of despots that when their subjects
+are fit for freedom, they will make them free;
+but nobody has ever seen such a time.</p>
+<p>Reform of evil conditions does not come from
+below; leaders with visions of the future must
+point the way. I once heard of a very respectable
+lady of Boston who exclaimed indignantly against
+certain proposed changes in child labour laws in
+North Carolina, where she owned shares in a cotton
+mill. She maintained that the children who
+worked at the looms ten hours a day expressed
+no discontent; it kept them off the streets; and
+the operators, in the kindness of their hearts, had
+actually had the looms made especially to accommodate
+conveniently the diminutive size of
+the little workers. Some people might, with
+great profit to themselves, read Plato's superb
+allegory of the men in the cave.</p>
+<p>The fact that various women's associations have
+been instituted in opposition to the extension of
+woman suffrage&#8212;as in Boston and New York&#8212;is
+no argument for depriving all women of the
+franchise. If the women who compose these
+societies do not care to vote, they do not need to;
+but they have no right to deprive of their rights
+those who do so desire. It is said that good
+women will not go to the polls; yet there are
+in every large city hundreds of respectable males
+who disdain to vote. A woman is more likely to
+have a sense of duty to vote than a man. It is
+the old cry, "Don't disturb the old order of things.</p>
+<p><a name="Page_255"></a>If you make us think for ourselves, we shall
+be so
+unhappy." So Galileo was brought to trial,
+so Anne Hutchinson was banished; and so persecuted
+they the prophets before them.</p>
+<p><span style="font-weight: bold;">IV.</span> Another argument that is
+made much of
+is the intellectual inferiority of woman. For ages
+women were allowed nor higher education than
+reading, writing, and simple arithmetic, often
+not even these; yet Elizabeth Barrett Browning,
+George Sand, George Eliot, Harriet Martineau,
+Jane Austen, and some scores of others did work
+which showed them to be the peers of any minds
+of their day. And if no woman can justly
+claim to have attained an eminence such as that
+of Shakespeare in letters or of Darwin in science,
+we may question whether Shakespeare would have
+been Shakespeare or Darwin Darwin if the society
+which surrounded them had insisted that it was
+a sin for them to use their minds and that they
+should not presume to meddle with knowledge.
+When a girl for the first time in America took a
+public examination in geometry, in 1829, men
+wagged their heads gravely and prophesied the
+speedy dissolution of family and state.</p>
+<p>To the list of women whose service for their
+fellows would have been lost if the old-time barriers
+had been maintained, may be added the name
+of the late Dr. Mary Putnam Jacobi. Mary
+Putnam secured her preliminary medical education
+in the early '60's, and found herself keenly
+troubled and dissatisfied at the inadequacy of the
+<a name="Page_256"></a>facilities extended to women for the study of
+medicine. She insisted that if women practitioners
+were to be, as she expressed it, "turned
+loose" upon the community with license to practise,
+they should, not only as a matter of justice
+to themselves but of protection for the women
+and children whose lives they would have in their
+hands, be properly qualified.</p>
+<p>At the time in question, the medical profession
+took the ground that women might enjoy the
+benefit of a little medical education but they were
+denied the facilities for any thorough training or
+for any research work. Mary Putnam secured
+her graduate degree from the great medical school
+of the University of Paris, being the first woman
+who had been admitted to the school since the
+fourteenth century. Returning after six years
+of thorough training, she did much during the
+remaining years of her life to secure and to maintain
+for women physicians the highest possible
+standard of training and of practice. It was
+natural that with this experience of the requirement
+of equal facilities for women in her own
+work, she should always have been a believer in
+the extension of equal facilities for any citizen's
+work for which, after experience, women might
+be found qualified. She was, therefore, an ardent
+advocate of equal suffrage.</p>
+<p>One needs but recall the admirable intellectual
+work of women to-day to wonder at the imbecility
+of those who assert that women are intellectually
+<a name="Page_257"></a>the inferiors of men. Madame Curie in science,
+Miss Tarbell in political and economic history,
+Miss Jane Addams in sociological writings and
+practice, the Rev. Anna Howard Shaw in the
+ministry, Mrs. Hetty Green in business, are a
+few examples of women whose mental ability
+ought to bring a blush to the Old Guard. Mrs.
+Harriman and Mrs. Sage, who manage properties
+of many millions, are denied the privilege of
+voting in regard to the expenditure of their taxes;
+but every ignorant immigrant can cast a vote,
+thanks to the doctrine that the political acumen
+of a man, however degraded, is superior to that
+of a woman, however great her genius&#8212;an admirable
+obedience to the saw in Ecclesiasticus
+that the badness of men is better than the goodness
+of women. Let me quote again from Professor
+Thomas: "The men have said that women
+are not intelligent enough to vote, but the women
+have replied that more of honesty than of intelligence
+is needed in politics at present, and that
+women certainly do not represent the most ignorant
+portion of the population. They claim that
+voting is a relatively simple matter anyway, that
+political freedom 'is nothing but the control of
+those who do make politics their business by those
+who do not,' and that they have enough intelligence
+'to decide whether they are properly governed,
+and whom they will be governed by.'
+They point out also that already, without the
+ballot, they are instructing men how to vote and
+<a name="Page_258"></a>teaching them how to run a city; that women have
+to journey to the legislature at every session to
+instruct members and committees at legislative
+hearings, and that it is absurd that women who
+are capable of instructing men how to vote should
+not be allowed to vote themselves. To the suggestion
+that they would vote like their husbands
+and that so there would be no change in the political
+situation, women admit that they would
+sometimes vote like their husbands, because their
+husbands sometimes vote right; but ex-Chief-Justice
+Fisher of Wyoming says: 'When the
+Republicans nominate a bad man and the Democrats
+a good one, the Republican women do not
+hesitate a moment to "scratch" the bad and substitute
+the good. It is just so with the Democrats;
+hence we almost always have a mixture of office-holders.
+I have seen the effects of female suffrage,
+and, instead of being a means of encouragement
+to fraud and corruption, it tends greatly to purify
+elections and to promote better government.'
+Now, 'scratching' is the most difficult feature of
+the art of voting, and if women have mastered
+this, they are doing very well. Furthermore, the
+English suffragettes have completely outgeneralled
+the professional politicians. They discovered
+that no cause can get recognition in politics unless
+it is brought to the attention, and that John Bull
+in particular will not begin to pay attention 'until,
+you stand on your head to talk to him.' They
+regretted to do this, but in doing it they secured
+<a name="Page_259"></a>the attention and interest of all England. They
+then followed a relentless policy of opposing the
+election of any candidate of the party in power.
+The Liberal men had been playing with the Liberal
+women, promising support and then laughing the
+matter off. But they are now reduced to an
+appeal to the maternal instinct of the women.
+They say it is unloving of them to oppose their
+own kind. Politics is a poor game, but this is
+politics."</p>
+<p><span style="font-weight: bold;">V.</span> The last objection I
+would call the <i>moral</i>.
+It embraces such arguments as, that woman is too
+impulsive, too easily swayed by her emotions to
+hold responsible positions, that the world is very
+evil and slippery, and that she must therefore
+constantly have man to protect her&#8212;a pious duty,
+which he avows solemnly it has ever been his
+special delight to perform. The preceding pages
+are a commentary on the manner in which man
+has discharged this duty. In Delaware, for instance,
+the age of legal consent was until 1889
+seven years. The institution of Chivalry, to take
+another example, is usually praised for the high
+estimation and protection it secured for women;
+yet any one who has read its literature knows
+that, in practice, it did nothing of the sort. The
+noble lord who was so gallant to his lady love&#8212;who,
+by the way, was frequently the wife of another
+man&#8212;had very little scruple about seducing
+a maid of low degree. The same gallantry
+is conspicuous in the Letters of Lord Chesterfield,
+<a name="Page_260"></a>beneath whose unctuous courtesy the beast of
+sensuality is always leering.</p>
+<p>In the past the main function of woman outside
+of the rearing of children has been to satisfy
+the carnal appetite of man, to prepare his food,
+to minister to his physical comfort; she was
+barred from participation in the intellectual.
+In order to hold her to these bonds a Divine Sanction
+was sought. The Mohammedan found it in
+the Koran; the Christian, in the Bible&#8212;just as
+slavery was justified repeatedly from the story
+of Ham, just as the Stuarts and the Bourbons believed
+firmly that they were the special favourites
+of God.</p>
+<p>Strangely enough, men who are so sensitive
+about the moral welfare of women will visit a
+dance hall where women are degraded nightly,
+and will allow their daughters to marry "reformed"
+rakes. Men will not permit any mention
+of sexual matters in their homes, and will
+let their children get their information on the
+street; and all for the very simple reason that
+they are afraid the truth will hurt, will make
+people think. Men have been remarkably sensitive
+about having women speak in public for their
+rights; but they watch with zest a woman screaming
+nonsense on the stage.</p>
+<p>It is quite possible that many women are swayed
+too easily by their emotions. We must recollect,
+however, that for some thousands of years woman
+has been carefully drilled to believe that she is an
+<a name="Page_261"></a>emotional creature. If a dozen people conspire
+to tell a man that he is looking badly, it is not
+unlikely that he will feel ill. Certainly Florence
+Nightingale and Clara Barton exhibited no lack
+of firmness on the shambles of battlefields; and
+there are few men living who cannot recall instances
+of women who have, in the face of disaster
+and evil fortune, shown a steady perseverance and
+will-power in earning a living for themselves and
+their children that men have not surpassed.</p>
+<p>Having in the preceding pages considered the
+five capital objections to the concession of equal
+suffrage, I shall now, in accordance with my plan,
+say something of the much-mooted question of
+the superiority or inferiority of one sex to the other.
+It might be concluded from the foregoing account
+that I see little difference in the aptitudes and
+powers of the sexes physically, morally, or intellectually.
+That does not necessarily follow.
+It is possible to conceive of each sex as the complement
+of the other; and between complements
+there can be no question either of superiority or
+of inferiority. The great historian of European
+Morals has analysed the constitutional differences
+of the sexes as he conceived them; and I may
+quote his remarks as pertinent to my theme.
+Lecky writes as follows<a name="FNanchor_422"></a><a
+ href="#Footnote_422"><sup>[422]</sup></a>:</p>
+<p>"Physically, men have the indisputable super<a name="Page_262"></a>iority
+in strength, and women in beauty. Intellectually,
+a certain inferiority of the female sex
+can hardly be denied when we remember how
+almost exclusively the foremost places in every
+department of science, literature, and art have
+been occupied by men, how infinitesimally small
+is the number of women who have shown in any
+form the very highest order of genius, how many
+of the greatest men have achieved their greatness
+in defiance of the most adverse circumstances,
+and how completely women have failed in obtaining
+the first position, even in music or painting,
+for the cultivation of which their circumstances
+would appear most propitious. It is as impossible
+to find a female Raphael, or a female Handel, as a
+female Shakespeare or Newton. Women are intellectually
+more desultory and volatile than men;
+they are more occupied with particular instances
+than with general principles; they judge rather
+by intuitive perceptions than by deliberate reasoning
+or past experience. They are, however,
+usually superior to men in nimbleness and rapidity
+of thought, and in the gift of tact or the power of
+seizing speedily and faithfully the finer inflections
+of feeling, and they have therefore often attained
+very great eminence as conversationalists, as letter-writers,
+as actresses, and as novelists.</p>
+<p>"Morally, the general superiority of women over
+men is, I think, unquestionable. If we take the
+somewhat coarse and inadequate criterion of police
+statistics, we find that, while the male and
+<a name="Page_263"></a>female populations are nearly the same in
+number,
+the crimes committed by men are usually rather
+more than five times as numerous as those committed
+by women; and although it may be justly
+observed that men, as the stronger sex, and the
+sex upon whom the burden of supporting the
+family is thrown, have more temptations than
+women, it must be remembered, on the other hand,
+that extreme poverty which verges upon starvation
+is most common among women, whose
+means of livelihood are most restricted, and whose
+earnings are smallest and most precarious. Self-sacrifice
+is the most conspicuous element of a
+virtuous and religious character, and it is certainly
+far less common among men than among women,
+whose whole lives are usually spent in yielding to
+the will and consulting the pleasures of another.
+There are two great departments of virtue: the
+impulsive, or that which springs spontaneously
+from the emotions, and the deliberative, or that
+which is performed in obedience to the sense of
+duty; and in both of these I imagine women are
+superior to men. Their sensibility is greater,
+they are more chaste both in thought and act, more
+tender to the erring, more compassionate to the
+suffering, more affectionate to all about them....
+In active courage women are inferior to men. In
+the courage of endurance they are commonly
+their superiors.... In the ethic of intellect
+they are decidedly inferior. To repeat an expression
+I have already employed, women very rarely
+<a name="Page_264"></a>love truth, though they love passionately what
+they call 'the truth' or opinions they have received
+from others, and hate vehemently those
+who differ from them. They are little capable of
+impartiality or doubt; their thinking is chiefly a
+mode of feeling; though very generous in their
+acts, they are rarely generous in their opinions....
+They are less capable than men of perceiving
+qualifying circumstances, of admitting
+the existence of elements of good in systems to
+which they are opposed, of distinguishing the
+personal character of an opponent from the
+opinions he maintains. Men lean most to justice,
+and women to mercy. Men are most addicted
+to intemperance and brutality, women to frivolity
+and jealousy. Men excel in energy, self-reliance,
+perseverance, and magnanimity, women in humility,
+gentleness, modesty, and endurance....
+Their religious or devotional realisations are incontestably
+more vivid.... But though more
+intense, the sympathies of women are commonly
+less wide than those of men. Their imaginations
+individualise more, their affections are, in consequence,
+concentrated rather on leaders than on
+causes.... In politics, their enthusiasm is
+more naturally loyalty than patriotism. In history,
+they are even more inclined than men to
+dwell exclusively upon biographical incidents or
+characteristics as distinguished from the march
+of general causes."</p>
+<p>Experience, by which alone mankind has ever
+<a name="Page_265"></a>learned or can learn, will show how far the
+characteristics
+enumerated by Lecky are innate and
+how far they have been acquired in the course of
+ages by certain habits of belief and education.</p>
+<p>The securing of citizens' rights for woman will
+of necessity depend on the attitude of society.
+There may be numerous laws for her relief on the
+statute books; but if society frowns on her appearance
+in court, it will be only in exceptional
+cases that she will appeal to the courts. To one
+who is familiar with the records of daily life a
+hundred years ago there is little doubt that conjugal
+infidelity on the part of the husband was
+more flagrant then than it is to-day; but there
+were infinitely fewer divorces. The reason for
+this is simply that public sentiment on the subject
+has changed. A century ago, a divorced
+woman could do nothing; the wife was exhorted
+to bear her husband's faults with meekness;
+and the expansion of industry had not yet opened
+to her that opportunity of making her own living
+which she now possesses in a hundred ways.
+Women were entirely dependent on men; and the
+men knew it. To-day they are not so sure.</p>
+<p>The old conception of woman's position was
+subjection, based on mental and physical inferiority
+and supported by Biblical arguments. The
+newer conception is that of a complement, in
+which neither inferiority nor superiority finds
+place. The old conception was based, like every
+<a name="Page_266"></a>institution of the times, on fear. Men were
+warned against heresy by being reminded of the
+tortures of hell fire; against crime by appealing
+to their dread of the gallows. Between the death
+of Anne and the reign of George III one hundred
+and eighty-eight capital offences were added to
+the penal code; and crime at once increased to an
+amazing degree. In a system that is founded on
+fear, when once that fear is removed&#8212;as it
+inevitably will be with the growth of enlightenment&#8212;there
+remains no basis of action, no incentive
+to good. It has been tried for centuries
+and has yielded only Star Chambers and Spanish
+Inquisitions. It is time that we try a new method.
+An appeal to the sense of <i>fair play</i>, an appeal
+to the sense of duty and of natural affection
+may yield immeasurably superior results. It has
+been my experience and personal observation
+that the standard of honour in our non-sectarian
+schools, where the <i>fair play</i> spirit is most insisted
+on, is vastly greater than it was in the old
+sectarian institutions where boys were told morning,
+noon, and night that they would go to hell
+if they did not behave.</p>
+<p>The new spirit is not going to be accepted at
+once by society. There must first be some wailing
+and much gnashing of teeth; and the monster,
+custom, which all sense doth eat, will still for a
+time be antagonistic as it has been in the past.
+"In no society has life ever been completely controlled
+by the reason," remarks Professor Thomas,
+"<a name="Page_267"></a>but mainly by the instincts and the habits and
+the customs growing out of these. Speaking in
+a general way, it may be said that all conduct
+both of men and animals tends to be right rather
+than wrong. They do not know why they behave
+in such and such ways, but their ancestors
+behaved in those ways and survival is the guaranty
+that the behaviour was good. We must admit
+that within the scope of their lives the animals
+behave with almost unerring propriety. Their
+behaviour is simple and unvarying, but they
+make fewer mistakes than ourselves. The difficulty
+in their condition is, that having little
+power of changing their behaviour they have little
+chance of improvement. Now, in human societies,
+and already among gregarious animals, one
+of the main conditions of survival was common
+sentiment and behaviour. So long as defence of
+life and preying on outsiders were main concerns
+of society, unanimity and conformity had the
+same value which still attaches to military discipline
+in warfare and to team work in our sports.
+Morality therefore became identified with uniformity.
+It was actually better to work upon
+some system, however bad, than to work on none
+at all, and early society had no place for the dissenter.
+Changes did take place, for man had the
+power of communicating his experiences through
+speech and the same power of imitation which
+we show in the adoption of fashions, but these
+changes took place with almost imperceptible
+<a name="Page_268"></a>slowness, or if they did not, those who proposed
+them were considered sinners and punished with
+death or obloquy.</p>
+<p>"And it has never made any difference how
+bad the existing order of things might be. Those
+who attempted to reform it were always viewed
+with suspicion. Consequently our practices usually
+run some decades or centuries behind our
+theories and history is even full of cases where
+the theory was thoroughly dead from the standpoint
+of reason before it began to do its work
+in society. A determined attitude of resistance
+to change may therefore be classed almost with
+the instincts, for it is not a response to the reason
+alone, but is very powerfully bound up with the
+emotions which have their seat in the spinal
+cord.</p>
+<p>"It is true that this adhesion to custom is more
+absolute and astonishing in the lower races and
+in the less educated classes, but it would be difficult
+to point out a single case in history where a
+new doctrine has not been met with bitter resistance.
+We justly regard learning and freedom
+of thought and investigation as precious, and we
+popularly think of Luther and the Reformation as
+standing at the beginning of the movement toward
+these, but Luther himself had no faith in
+'the light of reason' and he hated as heartily as
+any papal dogmatist the 'new learning' of Erasmus
+and Hutten.... We are even forced to
+realise that the law of habit continues to do
+<a name="Page_269"></a>its perfect work in a strangely resentful or
+apathetic manner even when there is no moral
+issue at stake.... Up to the year 1816, the
+best device for the application of electricity to
+telegraphy had involved a separate wire for each
+letter of the alphabet, but in that year Francis
+Ronalds constructed a successful line making
+use of a single wire. Realising the importance of
+his invention, he attempted to get the British
+government to take it up, but was informed that
+'telegraphs of any kind are now wholly unnecessary,
+and no other than the one in use will be
+adopted.'"</p>
+<p>The reader will doubtless be able to add from
+his own experience and observation examples
+which will support Professor Thomas's admirable
+account of the power of custom. Among many
+barbarous tribes certain foods, like eggs, are
+<i>taboo</i>; no one knows why they should not be eaten;
+but tradition says their use produces bad results,
+and one who presumes to taste them is put to
+death. To-day, we believe ourselves rather highly
+civilised; but the least observation of society
+must compel us to acknowledge that <i>taboo</i> is
+still a vital power in a multitude of matters.</p>
+<p>There is a still more forcible opposition to a recasting
+of the status of women by those men who
+have beheld no complete regeneration of society
+through the extension of the franchise in four
+of our States. Curiously oblivious of the fact
+that partial regeneration through the instru<a name="Page_270"></a>mentality
+of women is something attained, they
+take this as a working argument for the uselessness
+of extending the suffrage. They point to
+other evils that have followed and tell you that if
+this is the result of the emancipation of women,
+they will have none of it. For example, there
+can be no doubt that one may see from time to
+time the pseudo-intellectual woman. She affects
+an interest in literature, attends lectures on
+Browning and Emerson, shows an academic interest
+in slum work, and presents, on the whole, a
+selfishness or an egotism which repels. There
+never has been a revolution in society, however
+beneficial eventually, which did not bring at
+least some evil in its train. I cannot do better
+in this connection than to quote Lord Macaulay's
+splendid words (from the essay on Milton): "If
+it were possible that a people, brought up under
+an intolerant and arbitrary system, could subvert
+that system without acts of cruelty and folly,
+half the objections to despotic power would be
+removed. We should, in that case, be compelled
+to acknowledge that it at least produces no pernicious
+effects on the intellectual and moral character
+of a people. We deplore the outrages which
+accompany revolutions. But the more violent
+the outrages, the more assured we feel that a
+revolution was necessary. The violence of these
+outrages will always be proportioned to the ferocity
+and ignorance of the people; and the ferocity
+and ignorance of the people will be proportioned
+<a name="Page_271"></a>to the oppression and degradation under which
+they have been accustomed to live. Thus it was
+in our civil war. The rulers in the church and
+state reaped only what they had sown. They
+had prohibited free discussion&#8212;they had done
+their best to keep the people unacquainted with
+their duties and their rights. The retribution was
+just and natural. If they suffered from popular
+ignorance, it was because they had themselves
+taken away the key to knowledge. If they were
+assailed with blind fury, it was because they had
+exacted an equally blind submission.</p>
+<p>"It is the character of such revolutions that we
+always see the worst of them at first. Till men
+have been for some time free, they know not how
+to use their freedom. The natives of wine-countries
+are always sober. In climates where wine
+is a rarity, intemperance abounds. A newly-liberated
+people may be compared to a northern
+army encamped on the Rhine or the Xeres. It is
+said that when soldiers in such a situation first
+find themselves able to indulge without restraint
+in such a rare and expensive luxury, nothing
+is to be seen but intoxication. Soon, however,
+plenty teaches discretion; and after wine has been
+for a few months their daily fare, they become
+more temperate than they had ever been in their
+own country. In the same manner, the final and
+permanent fruits of liberty are wisdom, moderation,
+and mercy. Its immediate effects are often
+atrocious crimes, conflicting errors, skepticism on
+<a name="Page_272"></a>points the most clear, dogmatism on points the
+most mysterious. It is just at this crisis that
+its enemies love to exhibit it. They pull down
+the scaffolding from the half-finished edifice; they
+point to the flying dust, the falling bricks, the
+comfortless rooms, the frightful irregularity of
+the whole appearance; and then ask in scorn where
+the promised splendour and comfort are to be
+found? If such miserable sophisms were to prevail,
+there never would be a good house or a
+good government in the world.... There is
+only one cure for the evils which newly acquired
+freedom produces&#8212;and that cure is freedom.
+When a prisoner leaves his cell, he cannot bear
+the light of day&#8212;he is unable to discriminate
+colours or to recognise faces. But the remedy
+is not to remand him into his dungeon, but to
+accustom him to the rays of the sun. The
+blaze of truth and liberty may at first dazzle
+and bewilder nations which have become half-blind
+in the house of bondage. But let them
+gaze on, and they will soon be able to bear it.
+In a few years men learn to reason. The extreme
+violence of opinion subsides. Hostile theories
+correct each other. The scattered elements
+of truth cease to conflict, and begin to coalesce.
+And at length a system of justice and order is
+educed out of the chaos.</p>
+<p>"Many politicians of our time are in the habit
+of laying it down as a self-evident proposition,
+that no people ought to be free till they are
+<a name="Page_273"></a>fit to use their freedom. The maxim is worthy
+of the fool in the old story, who resolved not to
+go into the water till he had learnt to swim. If men
+are to wait for liberty till they become wise and
+good in slavery, they may indeed wait for ever."</p>
+<p>The speedy dissolution of family and state was
+prophesied by men when first a girl took a public
+examination in geometry; whenever women have
+been given complete control of their own property;
+when they have been received into the professions
+and industries; and now in like manner
+people dread the condition of things that they
+imagine might follow if women are given the right
+to vote and to hold office. We may well believe,
+with Lecky, that there are "certain eternal moral
+landmarks which never can be removed." But
+no matter what our views may be of the destinies,
+characteristics, functions, or limitations of the
+sex, certain reforms are indispensable before woman
+and, through her, family life can reach their
+highest development. Of these reforms I shall
+speak briefly and with them close my history.</p>
+<p><span style="font-weight: bold;">I.</span> The double standard of
+morality for the
+sexes must gradually be abolished.<a name="FNanchor_423"></a><a
+ href="#Footnote_423"><sup>[423]</sup></a> Of all the
+<a name="Page_274"></a>sad commentaries on Christian nations none is so
+pathetic or so tragical as the fact that for nineteen
+centuries men have been tacitly and openly allowed,
+at least before marriage, unrestrained
+liberty to indulge in sexual vice and intemperance,
+while one false step on the part of the woman
+has condemned her to social obloquy and,
+frequently, to a life on the street. This strange
+system, a blasphemy against the Christ who
+suffered death in order to purify the earth, has
+had its defenders not merely among the uneducated
+who do not think, but even among
+the most acute intellects. The philosopher
+Hume justifies it by commenting on the vastly
+greater consequences attendant on vice in women
+than in men; divines like Jeremy Taylor
+have encouraged it by urging women meekly
+to bear the sins of their husbands. This subject
+is one of the great <i>taboos</i> in modern society.
+Let me exhort the reader to go to
+any physician and get from him the statistics
+of gonorrhea and syphilis which he has met
+in his practice; let him learn of the children
+born blind and of wives rendered invalid
+for life because their husbands once sowed
+a crop of wild oats with the sanction of society;
+let him read the Report of the Committee
+of Fifteen in New York (G.P. Putnam's
+Sons, 1902) on <i>The Social Evil</i>, the records
+of the Watch and Ward Society in Boston,
+or the recent report of the special jury in
+<a name="Page_275"></a>New York which investigated the "White Slave
+Traffic."<a name="FNanchor_424"></a><a href="#Footnote_424"><sup>[424]</sup></a></p>
+<p>The plain facts are not pleasant. A system
+which has been in vogue from the beginning of
+history cannot be changed in a decade; but the
+desired state of things will be more speedily
+achieved and immediate good will be accomplished
+by three reforms which may be begun at
+once&#8212;have begun, in fact. In the first place, the
+"age of legal consent" should be uniformly
+twenty-one. In most States to-day it is fourteen
+or sixteen.<a name="FNanchor_425"></a><a href="#Footnote_425"><sup>[425]</sup></a>
+To the ordinary mind it is a self-evident
+proposition that a girl of those ages, the
+slippery period of puberty, can but seldom realise
+what she is doing when she submits herself to the
+lust of scoundrels. But the minds of legislators
+pass understanding; and when, a few years ago,
+a woman in the Legislature of Colorado proposed
+to have the age of consent raised from sixteen to
+twenty-one, such a storm of protest came from her
+male colleagues that the measure had to be abandoned.
+In the second place the public should be
+made better acquainted with the facts of prostitution.
+When people once realise thoroughly
+what sickness and social ulcers result from the
+<a name="Page_276"></a>presence in the city of New York of 100,000
+debauched
+women (and the estimate is conservative)&#8212;when
+they begin to reflect that their
+children must grow up in such surroundings, then
+perhaps they will question the expediency of the
+double standard of morality and will insist that
+what is wrong for a woman is wrong for a man.
+It is a fact, to be borne carefully in mind, that
+the vast majority of prostitutes begin their career
+below the age of <i>eighteen</i> and usually at the
+instigation of adult <i>men</i>, who take advantage of
+their ignorance or of their poverty. If the miserable
+Thaw trial did nothing else, it at least once
+more called public attention to conditions which
+every intelligent man knows have existed for
+years. Something can also be done by statute.
+New York has made adultery a crime; and the
+State of Washington requires a physical examination
+of the parties before marriage. In the third
+place, physicians should take more pains to educate
+men to the knowledge that a continent life
+is not a detriment to health&#8212;the contrary belief
+being more widely spread than is usually suspected.</p>
+<p><span style="font-weight: bold;">II.</span> In the training of
+women, care should be
+taken to impress upon them that they are not
+toys or spoiled children, but fellow-citizens, devoted
+to the common task of advancing the ideals
+of the nation to their goal.</p>
+<div class="poem">
+<div class="stanza">
+<p>The woman's cause is man's; they rise or sink</p>
+<p>Together, dwarf'd or godlike, bond or free:</p>
+<a name="Page_277"></a>
+<p>If she be small, slight-natured, miserable,</p>
+<p>How shall men grow?</p>
+</div>
+</div>
+<p>TENNYSON, <i>The Princess</i>.</p>
+<div class="poem">
+<div class="stanza">
+<p>A Being breathing thoughtful breath,</p>
+<p>A Traveller between life and death;</p>
+<p>The reason firm, the temperate will,</p>
+<p>Endurance, foresight, strength, and skill;</p>
+<p>A perfect Woman, nobly planned,</p>
+<p>To warn, to comfort, and command;</p>
+<p>And yet a Spirit still, and bright</p>
+<p>With something of an angel light.</p>
+</div>
+</div>
+<p>WORDSWORTH.</p>
+<p>Towards a higher conception of their duties,
+women are steadily advancing. It often happens
+that the history of words will give a hint of the
+progress of civilisation. Such a story is told by
+the use of <i>lady</i> and <i>woman</i>. Not many decades
+ago the use of the word <i>woman</i> in referring to
+respectable members of the sex was interpreted
+as a lack of courtesy. To-day, women prefer
+to be called <i>women</i>.</p>
+<p><span style="font-weight: bold;">III.</span> Women should be given
+the full right to
+enter any profession or business which they may
+desire. As John Stuart Mill says:</p>
+<p>"The proper sphere for any human being is
+the highest sphere that being is capable of attaining;
+and this cannot be ascertained without complete
+liberty of choice."</p>
+<p>"We are, as always, in a period of transition,"
+remarks Mr. Bj&ouml;rkman,<a name="FNanchor_426"></a><a
+ href="#Footnote_426"><sup>[426]</sup></a> "the old forms are
+<a name="Page_278"></a>falling away from us on every side. Concerning
+the new ones we are still uncertain and divided.
+Whether woman shall vote or not, is not the main
+issue. She will do so sooner or later if it suits
+her. No, the imperative question confronting us
+is this: What are we to do that her life once
+more may be full and useful as it used to
+be? That question cannot be answered by anybody
+but herself. Furthermore, it can only be
+answered on the basis of actual experience. And
+urged onward by her never-failing power of intuition,
+woman has for once taken to experimenting.
+She has, if you please, become temporarily
+catabolic. But it means merely that she is seeking
+for new means to fulfil her nature, not for
+ways of violating it. And the best thing&#8212;nay,
+the only thing&#8212;man can do to help her is to stand
+aside and keep his faith, both in her and in life.
+Whether it be the franchise, or the running of
+railroads, or public offices, that her eager hands
+and still more eager soul should happen to reach
+out for, he must give her free way. All she
+wants is to find herself, and for this purpose
+she must try everything that once was foreign
+to her being: the trial over, she will instinctively
+and unfailingly pick out the right new things
+to do, and will do them."</p>
+<p>The opening up of professions and industries to
+woman has been of incalculable benefit to her.
+Of old the unmarried woman could do little except
+sit by the fire and spin or make clothing for
+<a name="Page_279"></a>the South Sea Islanders. Her limited activities
+caused a corresponding influence on her character.
+People who have nothing to do will naturally
+find an outlet for their superfluous energy in
+gossip and all the petty things of life; if isolated
+from a share in what the world is doing, they will
+no less naturally develop eccentricities of character
+and will grow old prematurely. To-day, by being
+allowed a part in civic and national movements,
+women can "get out of themselves"&#8212;a powerful
+therapeutic agent. Mrs. Ella Young, a woman of
+sixty, was last year made Superintendent of the
+great Public School System of Chicago. Fr&auml;ulein
+Anna Heinrichsdorff is the first woman in Germany
+to get an engineer's diploma, very recently
+bestowed upon her; an "excellent" mark was given
+Fr&auml;ulein Heinrichsdorff in every part of her examination
+by the Berlin Polytechnic Institute.
+Miss Jean Gordon, the only factory inspector
+in Louisiana, is at present waging a strong fight
+against the attempt to exempt "first-class"
+theatres from the child-labour law. Mrs. Nellie
+Upham, of Colorado, is President and General
+Manager of the Gold Divide Mining, Milling,
+and Tunnel Company of Colorado and directs
+300 workmen. These are a few examples out of
+some thousands of what woman is doing.<a name="FNanchor_427"></a><a
+ href="#Footnote_427"><sup>[427]</sup></a> And
+<a name="Page_280"></a>yet there are men who do not believe she should
+do anything but wash dishes and scrub.</p>
+<p>Much more serious is the glaring discrepancy
+in the wages paid to men and to women. For
+doing precisely the same work as a man and often
+doing it better, woman receives a much lower
+<a name="Page_281"></a>wage. The reasons are several and specious.
+We are told that men have families to support,
+that women do not have such expensive tastes
+as men, that they are incapable of doing as much
+as men, that by granting them equal wages one
+of the inducements to marry is removed. These
+arguments are generally used with the greatest
+gravity by bachelors. If men have families to
+support, women by the hundreds support brothers
+and sisters and weak parents. That they are
+incapable of doing as much sounds unconvincing
+<a name="Page_282"></a>to one who has seen the work of sweat-shops. The
+argument that men have more expensive tastes
+to satisfy is too feeble to deserve attention.
+Finally, when men argue that women should be
+forced to marry by giving them smaller wages,
+they are simply reverting to the time-honoured
+idea that the goal of every women's ambition
+should be fixed as matrimony. If the low wages
+of women produced no further consequence, one
+might dismiss the matter as not of essential importance;
+but inadequate pay has been found too
+frequently to be a direct cause of prostitution.
+No girl can well keep body and soul together on
+four dollars a week and some business managers
+have been known to inform their women employees
+with frankness that a "gentleman friend" is a
+necessary adjunct to a limited income.</p>
+<p>The women who suffer most from low wages
+are probably the teachers in our primary schools.
+They start usually on a salary of about three
+hundred and fifty dollars a year. For this each
+teacher performs all the minute labour and bears
+all the nervous strain of instructing sixty pupils
+six and a half hours a day and of correcting dozens
+of papers far into the night. And when crime
+increases or the pupils are not universally successful
+in business, the school teacher has the
+added pleasure of getting blamed for it, being
+told that she ought to have trained them better.
+These facts lend some colour to Mark Twain's
+sage reflection that God at first made idiots&#8212;<a name="Page_283"></a>that
+was for practice; then he made school
+boards.</p>
+<p>One of the most interesting examples of recent
+evolution in the industrial status of women is
+the decision of the Supreme Court of Illinois in the
+so-called Ritchie Case. The last Legislature of
+Illinois passed a law limiting to ten hours the
+working day of women in factories and stores.
+Now, as far back as 1893, the Legislature had
+passed a similar law limiting woman's labour to
+<i>eight</i> hours; but the Supreme Court in 1895 declared
+it unconstitutional on the ground that it
+was an arbitrary and unreasonable interference
+with the right of women to contract for the sale
+of their labour. When, therefore, this year a
+ten-hour bill was tried, W.C. Ritchie, who had
+secured the nullification of the act of 1893, again
+protested. The decision of the Court, rendered
+April 21, 1910, is an excellent proof of the great
+advance made within two decades in the position
+of women. Reversing completely its judgment of
+1895, the Court left far behind it mere technicalities
+of law and found a sanction for its change
+of front in the experience of humanity and of common
+sense. These are its conclusions:</p>
+<p>"It is known to all men, and of what we know
+as men we cannot profess to be ignorant as judges:</p>
+<p>"That woman's physical structure and the performance
+of maternal functions place her at a
+great disadvantage in the battle of life.</p>
+<p>"That while a man can work for more than ten
+<a name="Page_284"></a>hours a day without injury to himself, a woman,
+especially when the burdens of motherhood are
+upon her, cannot.</p>
+<p>"That while a man can work standing upon
+his feet for more than ten hours a day, day
+after day, without injury to himself, a woman
+cannot.</p>
+<p>"That to require a woman to stand upon her
+feet for more than ten hours in any one day and to
+perform severe manual labour while thus standing
+has the effect of impairing her health.</p>
+<p>"And as weakly and sickly women cannot be
+the mothers of vigorous children, it is of the greatest
+importance to the public that the State take
+such measures as may be necessary to protect
+its women from the consequences produced by
+long-continued manual labour in those occupations
+which tend to break them down physically.</p>
+<p>"It would seem obvious, therefore, that legislation
+which limits the number of hours which
+women shall be permitted to work to ten hours in
+a single day in such employments as are carried
+on in mechanical establishments, factories, and
+laundries would tend to preserve the health of
+women and assure the production of vigorous
+offspring by them and would conduce directly to
+the health, morals, and general welfare of the
+public, and that such legislation would fall clearly
+within the police powers of the State."</p>
+<p><span style="font-weight: bold;">IV.</span> All phenomena that
+concern family life
+should be carefully studied and their bearing on
+<a name="Page_285"></a>the state ascertained as exactly as possible.
+There is no subject, for example, from which such
+wild conclusions are drawn as the matter of divorce.
+The average moralist, but more particularly the
+clergy, seeing the fairly astonishing increase in
+divorce during the last decade, jump to the conclusion
+that family life is decadent and immorality
+flagrantly on the increase. They point to
+the indubitable fact that a century ago divorces
+were insignificant in number; and they infer that
+morality was then on a much higher level than it
+is now. Such alarmists neglect certain elementary
+facts. The flippant manner in which marriage
+is treated by the Restoration dramatists and by
+novelists of the 18th century, the callous sexual
+morality revealed in diaries and in the conversations
+of men like Johnson alone are sufficient to
+suggest the need of a readjustment of one's view
+regarding the standard of morality in the past.
+A century ago it was the duty of a gentleman to
+drink to excess; and it was presumed that a guest
+had not enjoyed his dinner unless he was at least
+comfortably the worse for liquor. This view of
+drunkenness is admirably depicted in Dickens's
+<i>Pickwick Papers</i>, where intoxication is treated
+throughout as something merely humorous.</p>
+<p>There were just as many unhappy marriages
+formerly in proportion to the population as there
+are to-day; but the wife was held effectually from
+application for a divorce not only by rigid laws
+but by the sentiment of society, which ostracised
+<a name="Page_286"></a>a divorced woman, and furthermore by her lack
+of means and of opportunity for earning an independent
+livelihood. To-day women are not
+inclined to tolerate a husband who is brutal or
+debauched. Alarmists make a mistake when
+they place too much emphasis on the seeming
+triviality of the reasons, justifying their course,
+which wives advance when applying for a separation.
+For example, the phrase "incompatibility
+of temperament" is in a great number of cases
+merely a euphemism for something much worse.
+The clergy will counsel a woman to bear with what
+they call Christian resignation a husband addicted
+to drink or scarred by the diseases that
+are a consequence of sin. Abstractly considered,
+this may conceivably be good advice. But viewed
+in a common-sense way it is the duty of a woman
+to reflect on the consequences of conceiving children
+from such a man; and the researches of physicians
+will furnish her with incontrovertible facts
+regarding the impaired health of the offspring of
+such a union. A law which would permit of no
+divorce under such conditions, instead of benefiting
+the state, would injure it in its most
+vital asset&#8212;healthy children, the coming citizens.
+Doubtless the divorce laws in many States are
+too lax. But sweeping generalities based on
+theory will not remedy matters. Divorce may
+simply be a symptom, not a disease; a revolt
+against unjust conditions; and the way to do away
+with divorce or reduce the frequency of it is to
+<a name="Page_287"></a>remedy the evil social conditions which, in a
+great many instances, are responsible.</p>
+<p>The fact is, the institution of marriage is going
+through a crisis. The old view that marriage
+is a complete merging of the wife in the husband
+and that the latter is absolute monarch of his
+home is being questioned. When a man with
+this idea and a woman with a far different one
+marry, there is likely to be a clash. Marriage
+as a real partnership based on equality of goods
+and of interests finds an increasing number of
+advocates. There is great reason to believe
+that the issue will be only for the good and that
+from doubt and revolt a more enduring ideal will
+arise, based on a sure foundation of perfect
+understanding.</p>
+<br>
+
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_415"></a><a href="#FNanchor_415">[415]</a>
+<div class="note">
+<p> See an excellent article on "The American Woman" by
+Miss Ida M. Tarbell, in the <i>American Magazine</i> for April, 1910.</p>
+</div>
+<a name="Footnote_416"></a><a href="#FNanchor_416">[416]</a>
+<div class="note">
+<p> In 1893. "Be it resolved by the Second Legislature of the
+State of Wyoming:
+</p>
+<p>"That the possession and exercise of suffrage by the women of
+Wyoming for the past quarter of a century has wrought no
+harm and has done great good in many ways; that it has largely
+aided in banishing crime, pauperism, and vice from this State,
+and that without any violent and oppressive legislation," etc.</p>
+</div>
+<a name="Footnote_417"></a><a href="#FNanchor_417">[417]</a>
+<div class="note">
+<p> Women in Colorado have been of greatest service in establishing
+the following laws:
+</p>
+<p>1&#8212;Establishing a State Home for dependent children, three
+of the five members of the board to be women.
+</p>
+<p>2&#8212;Requiring that at least three of the six members of the
+county visitors shall be women.
+</p>
+<p>3&#8212;Making mothers joint guardians of their children with the
+fathers.
+</p>
+<p>4&#8212;Raising the age of protection for girls to 18 years.
+</p>
+<p>5&#8212;Establishing a State Industrial School for girls. There had
+long been one for boys, but the women could not get one for
+girls until they had the vote.
+</p>
+<p>6&#8212;Removing the emblems from the Australian ballots.
+This is a little, indirect step toward educational qualifications
+for voting.
+</p>
+<p>7&#8212;Establishing the indeterminate sentence for prisoners.
+</p>
+<p>8&#8212;Requiring one physician on the board of the Insane Asylum
+to be a woman.
+</p>
+<p>9&#8212;Establishing truant schools.
+</p>
+<p>10&#8212;Making better provision for the care of the feeble-minded.
+</p>
+<p>11&#8212;For tree preservation.
+</p>
+<p>12&#8212;For the inspection of private eleemosynary institutions by
+the State Board of Charities.
+</p>
+<p>13&#8212;Various steps toward prevention of cruelty to animals.
+</p>
+<p>14&#8212;Providing that foreign life and accident insurance companies,
+when sued, must pay the costs.
+</p>
+<p>15&#8212;Establishing a juvenile court.
+</p>
+<p>16&#8212;Making education compulsory for all children between
+the ages of 8 and 16, except those who are ill or those who are
+14 and have completed the eighth grade, or those whose parents
+need their help and support.
+</p>
+<p>17&#8212;Making the mother and father joint heirs of a deceased
+child.
+</p>
+<p>18&#8212;Providing for union high schools.
+</p>
+<p>19&#8212;Establishing a State travelling library commission.
+</p>
+<p>20&#8212;Providing that any person employing a child under 14
+in any mine, mill, or factory be punished by imprisonment in
+addition to a fine.
+</p>
+<p>21&#8212;Requiring the joint signature of the husband and wife to
+a mortgage of a homestead.
+</p>
+<p>22&#8212;Forbidding the insuring of the lives of children under 10.
+</p>
+<p>23&#8212;Forbidding children of 16 or under to work more than six
+hours a day in any mill, factory, or other occupation that may
+be unhealthful.
+</p>
+<p>24&#8212;Making it a criminal offence to contribute to the delinquency
+of children&#8212;the parental responsibility act.
+</p>
+<p>25&#8212;Making it a misdemeanour to fail to support aged or infirm
+parents.
+</p>
+<p>26&#8212;Providing that no woman shall work more than eight
+hours a day at work requiring her to be on her feet.
+</p>
+<p>27&#8212;Restricting the time for shooting doves.
+</p>
+<p>28&#8212;Abolishing the binding out of girls committed to the Industrial
+School until the age of 21.
+</p>
+<p>29&#8212;A pure food law in harmony with the national law.</p>
+</div>
+<a name="Footnote_418"></a><a href="#FNanchor_418">[418]</a>
+<div class="note">
+<p> In the <i>Boston Herald</i> for June 4, 1910.</p>
+</div>
+<a name="Footnote_419"></a><a href="#FNanchor_419">[419]</a>
+<div class="note">
+<p> Quoted in the <i>New York Times</i> of Jan. 9, 1910.</p>
+</div>
+<a name="Footnote_420"></a><a href="#FNanchor_420">[420]</a>
+<div class="note">
+<p> See, for example, Lyman Abbott in the <i>Outlook</i> for Feb. 19,
+1910.</p>
+</div>
+<a name="Footnote_421"></a><a href="#FNanchor_421">[421]</a>
+<div class="note">
+<p> <i>American Magazine</i>, July, 1909.</p>
+</div>
+<a name="Footnote_422"></a><a href="#FNanchor_422">[422]</a>
+<div class="note">
+<p> <i>History of European Morals</i>, vol. ii, pp. 379 and following.
+New York, D. Appleton &amp; Co., 1869.</p>
+</div>
+<a name="Footnote_423"></a><a href="#FNanchor_423">[423]</a>
+<div class="note">
+<p> Note, for example, that in Maryland a man can get a divorce
+if his wife has had sexual intercourse before marriage; <i>but a wife
+cannot get a divorce from her husband if he has been guilty of the
+same thing</i>. In Texas, adultery on the part of the wife entitles
+the husband to a divorce; but the wife can obtain divorce from
+her husband only if he has <i>abandoned</i> her and <i>lived</i> in
+adultery
+with another woman.</p>
+</div>
+<a name="Footnote_424"></a><a href="#FNanchor_424">[424]</a>
+<div class="note">
+<p> On Jan. 12, 1910, a bill was introduced in the House of
+Representatives to check the "White Slave Traffic" by providing
+a penalty of ten years' imprisonment and a fine of five
+thousand dollars for any one who engages in it.</p>
+</div>
+<a name="Footnote_425"></a><a href="#FNanchor_425">[425]</a>
+<div class="note">
+<p> In some it is even lower; <i>ten</i> in Georgia and Mississippi
+for
+example.</p>
+</div>
+<a name="Footnote_426"></a><a href="#FNanchor_426">[426]</a>
+<div class="note">
+<p> In <i>Collier's Weekly</i>, Feb. 5, 1910.</p>
+</div>
+<a name="Footnote_427"></a><a href="#FNanchor_427">[427]</a>
+<div class="note">
+<p> Note what the officers of the Chicago Juvenile Protective
+Association,
+many of whom are women, accomplished in 1909-1910.
+These women are fighting the agencies which make for juvenile
+crime mostly and each officer has a specified "beat" to patrol.
+Last year their work amounted to the following:
+</p>
+<br>
+<br>
+<br>
+<table summary="" cellspacing="0" cellpadding="1"
+ style="width: 600px; height: 700px;" border="1">
+  <tbody>
+    <tr>
+      <td>Complaints of selling liquors to minors investigated</td>
+      <td style="text-align: right; width: 10%;"> 295</td>
+    </tr>
+    <tr>
+      <td>Complaints of selling tobacco to minors investigated</td>
+      <td style="text-align: right; width: 10%;"> 52</td>
+    </tr>
+    <tr>
+      <td>Complaints of selling obscene postcards investigated</td>
+      <td style="text-align: right; width: 10%;"> 49</td>
+    </tr>
+    <tr>
+      <td>Complaints of poolrooms investigated</td>
+      <td style="text-align: right; width: 10%;"> 203</td>
+    </tr>
+    <tr>
+      <td>Complaints of dance halls investigated </td>
+      <td style="text-align: right; width: 10%;">92</td>
+    </tr>
+    <tr>
+      <td>Five and ten cent theatres visited</td>
+      <td style="text-align: right; width: 10%;"> 1,013</td>
+    </tr>
+    <tr>
+      <td>Penny arcades visited</td>
+      <td style="text-align: right; width: 10%;"> 67</td>
+    </tr>
+    <tr>
+      <td>Saloons visited </td>
+      <td style="text-align: right; width: 10%;">735</td>
+    </tr>
+    <tr>
+      <td>Relief visits </td>
+      <td style="text-align: right; width: 10%;">174</td>
+    </tr>
+    <tr>
+      <td>Cases referred to relief organisations </td>
+      <td style="text-align: right; width: 10%;">374</td>
+    </tr>
+    <tr>
+      <td>Legal aid cases referred </td>
+      <td style="text-align: right; width: 10%;">105</td>
+    </tr>
+    <tr>
+      <td>Referred to Visiting Nurses' Association</td>
+      <td style="text-align: right; width: 10%;">7</td>
+    </tr>
+    <tr>
+      <td>Housing cases referred</td>
+      <td style="text-align: right; width: 10%;">51</td>
+    </tr>
+    <tr>
+      <td>Applications for work referred</td>
+      <td style="text-align: right; width: 10%;"> 264</td>
+    </tr>
+    <tr>
+      <td>Placed in hospitals</td>
+      <td style="text-align: right; width: 10%;"> 103</td>
+    </tr>
+    <tr>
+      <td>Sent to dispensaries </td>
+      <td style="text-align: right; width: 10%;">192</td>
+    </tr>
+    <tr>
+      <td>Children placed in homes </td>
+      <td style="text-align: right; width: 10%;">240</td>
+    </tr>
+    <tr>
+      <td>Slot machines removed </td>
+      <td style="text-align: right; width: 10%;">223</td>
+    </tr>
+    <tr>
+      <td>Work found for men </td>
+      <td style="text-align: right; width: 10%;">57</td>
+    </tr>
+    <tr>
+      <td>Work found for women</td>
+      <td style="text-align: right; width: 10%;"> 81</td>
+    </tr>
+    <tr>
+      <td>Work found for boys</td>
+      <td style="text-align: right; width: 10%;"> 84</td>
+    </tr>
+    <tr>
+      <td>Work found for girls</td>
+      <td style="text-align: right; width: 10%;"> 90</td>
+    </tr>
+    <tr>
+      <td>Visits to ice-cream parlors </td>
+      <td style="text-align: right; width: 10%;">356</td>
+    </tr>
+    <tr>
+      <td>Visits to candy stores </td>
+      <td style="text-align: right; width: 10%;">805</td>
+    </tr>
+  </tbody>
+</table>
+<br>
+<table summary="" border="1" style="width: 600px; height: 230px;" cellpadding="1"
+ cellspacing="0">
+  <tbody>
+    <tr>
+      <td style="font-weight: bold;">VISITS TO COURTS</td>
+      <td style="vertical-align: top; text-align: right; width: 10%;"><br>
+      </td>
+    </tr>
+    <tr>
+      <td>Juvenile </td>
+      <td style="text-align: right; width: 10%;">451</td>
+    </tr>
+    <tr>
+      <td>Municipal </td>
+      <td style="text-align: right; width: 10%;">1,809</td>
+    </tr>
+    <tr>
+      <td>Criminal </td>
+      <td style="text-align: right; width: 10%;">211</td>
+    </tr>
+    <tr>
+      <td>County</td>
+      <td style="text-align: right; width: 10%;"> 86</td>
+    </tr>
+    <tr>
+      <td>Grand Jury </td>
+      <td style="text-align: right; width: 10%;">26</td>
+    </tr>
+    <tr>
+      <td>Conferences with state or city officials </td>
+      <td style="text-align: right; width: 10%;">1,244</td>
+    </tr>
+  </tbody>
+</table>
+<br>
+<table summary="" border="1" style="width: 600px; height: 423px;" cellpadding="1"
+ cellspacing="0">
+  <tbody>
+    <tr>
+      <td style="font-weight: bold;">PROSECUTIONS</td>
+      <td style="vertical-align: top; text-align: right; width: 10%;"><br>
+      </td>
+    </tr>
+    <tr>
+      <td>Cases of abandonment </td>
+      <td style="text-align: right; width: 10%;">99</td>
+    </tr>
+    <tr>
+      <td>Assault and battery </td>
+      <td style="text-align: right; width: 10%;">8</td>
+    </tr>
+    <tr>
+      <td>Contributing to delinquency and dependency of children</td>
+      <td style="text-align: right; width: 10%;">232</td>
+    </tr>
+    <tr>
+      <td>Crimes against children </td>
+      <td style="text-align: right; width: 10%;">12</td>
+    </tr>
+    <tr>
+      <td>Disorderly conduct </td>
+      <td style="text-align: right; width: 10%;">141</td>
+    </tr>
+    <tr>
+      <td>Immoral dancing </td>
+      <td style="text-align: right; width: 10%;">4</td>
+    </tr>
+    <tr>
+      <td>Intoxicating liquors </td>
+      <td style="text-align: right; width: 10%;">33</td>
+    </tr>
+    <tr>
+      <td>Juvenile Court cases </td>
+      <td style="text-align: right; width: 10%;">78</td>
+    </tr>
+    <tr>
+      <td>Larceny </td>
+      <td style="text-align: right; width: 10%;">4</td>
+    </tr>
+    <tr>
+      <td>Tobacco </td>
+      <td style="text-align: right; width: 10%;">10</td>
+    </tr>
+    <tr>
+      <td>Sale of cocaine</td>
+      <td style="text-align: right; width: 10%;"> 4</td>
+    </tr>
+    <tr>
+      <td>Other cases</td>
+      <td style="text-align: right; width: 10%;"> 110</td>
+    </tr>
+    <tr>
+      <td>Total prosecutions </td>
+      <td style="text-align: right; width: 10%;">738</td>
+    </tr>
+  </tbody>
+</table>
+<br>
+<table summary="" border="1" style="width: 600px; height: 263px;" cellpadding="1"
+ cellspacing="0">
+  <tbody>
+    <tr style="font-weight: bold;" align="left">
+      <td>RESULTS</td>
+    </tr>
+    <tr>
+      <td style="text-align: left;">Convictions </td>
+      <td style="text-align: right; width: 10%;">311</td>
+    </tr>
+    <tr>
+      <td style="text-align: left;">Settled out of court</td>
+      <td style="text-align: right; width: 10%;">100</td>
+    </tr>
+    <tr>
+      <td style="text-align: left;">Nolle pros, or nonsuit </td>
+      <td style="text-align: right; width: 10%;">52</td>
+    </tr>
+    <tr>
+      <td style="text-align: left;">Dismissed </td>
+      <td style="text-align: right; width: 10%;">93</td>
+    </tr>
+    <tr>
+      <td style="text-align: left;">Acquittals </td>
+      <td style="text-align: right; width: 10%;">50</td>
+    </tr>
+    <tr>
+      <td style="text-align: left;">Pending </td>
+      <td style="text-align: right; width: 10%;">92</td>
+    </tr>
+    <tr align="left">
+      <td><br>
+      </td>
+    </tr>
+    <tr>
+      <td style="text-align: left; font-weight: bold;">Total complaints
+received </td>
+      <td style="text-align: right; font-weight: bold; width: 10%;">5,047</td>
+    </tr>
+  </tbody>
+</table>
+<br>
+<br>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_X"></a>
+<h2><a name="Page_288"></a>CHAPTER X</h2>
+<h2>FURTHER CONSIDERATIONS</h2>
+<br>
+<p>In the four years intervening since this book was
+first written, the progress of equal rights for
+women has been so rapid that the summary on
+pages 175-235 is now largely obsolete; but it is
+useful for comparison. In the United States at
+present (August, 1914), Wyoming, Colorado,
+Utah, Idaho, Washington, California, Oregon,
+Kansas, Arizona, and Alaska have granted full
+suffrage to women. In the following States the
+voters will pass upon the question in the autumn
+of 1914: Montana, Nevada, North Dakota, South
+Dakota, Missouri, Nebraska, and Ohio, the last
+three by initiative petition. In New Jersey,
+Pennsylvania, Iowa, New York, and Massachusetts
+a constitutional amendment for equal suffrage
+has passed one legislature and must pass
+another before being submitted to the people.
+The advance has been world-wide. Thus, in 1910
+the Gaekwar of Baroda in India allowed the women
+of his dominions a vote in municipal elections, and
+Bosnia bestowed the parliamentary suffrage on
+women who owned a certain amount of real estate;
+Norway in 1913 and Iceland in 1914 were won to
+<a name="Page_289"></a>full suffrage. The following table presents a
+convenient historical summary of the progress in
+political rights:</p>
+<div class="blkquot">
+<p>On July 2, 1776, two days before the Declaration of Independence
+was signed, New Jersey, in her first State constitution, enfranchised
+the women by changing the words of her provincial
+charter from "Male freeholders worth &pound;50" to "<i>all inhabitants</i>
+worth &pound;50," and for 31 years the women of that State voted.</p>
+</div>
+<p style="font-weight: bold; text-align: center;">GAINS IN EQUAL
+SUFFRAGE</p>
+<div class="blkquot">
+<p>Eighty years ago women could not vote anywhere, except to
+a very limited extent in Sweden and in a few other places in the
+Old World.<br>
+<br>
+</p>
+</div>
+<br>
+<table summary="" style="width: 800px; height: 4139px;" border="1" cellpadding="1"
+ cellspacing="0">
+  <tbody>
+    <tr>
+      <td style="font-weight: bold;">TIME</td>
+      <td style="font-weight: bold;"> PLACE </td>
+      <td style="font-weight: bold;">KIND OF SUFFRAGE</td>
+    </tr>
+    <tr>
+      <td>1838</td>
+      <td> Kentucky </td>
+      <td>School suffrage to widows with children of school age.</td>
+    </tr>
+    <tr>
+      <td>1850 </td>
+      <td>Ontario </td>
+      <td>School suffrage, women married and single</td>
+    </tr>
+    <tr>
+      <td>1861 </td>
+      <td>Kansas </td>
+      <td>School suffrage.</td>
+    </tr>
+    <tr>
+      <td>1867 </td>
+      <td>New South Wales </td>
+      <td>Municipal suffrage.</td>
+    </tr>
+    <tr>
+      <td>1869 </td>
+      <td>England </td>
+      <td>Municipal suffrage, single women and widows<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Victoria </td>
+      <td>Municipal suffrage, married and single women<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Wyoming </td>
+      <td> Full
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1871</td>
+      <td> West Australia </td>
+      <td>Municipal suffrage.</td>
+    </tr>
+    <tr>
+      <td>1875 </td>
+      <td>Michigan </td>
+      <td>School suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Minnesota </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td>1876 </td>
+      <td>Colorado </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1877</td>
+      <td> New Zealand </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1878 </td>
+      <td>New Hampshire </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Oregon </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td>1879 </td>
+      <td>Massachusetts </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1880</td>
+      <td> New York </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Vermont </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>South Australia </td>
+      <td>Municipal suffrage.</td>
+    </tr>
+    <tr>
+      <td>1881 </td>
+      <td>Scotland</td>
+      <td> Municipal suffrage to the single women and widows<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Isle of Man </td>
+      <td>Parliamentary
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1883 </td>
+      <td>Nebraska </td>
+      <td>School suffrage.</td>
+    </tr>
+    <tr>
+      <td>1884 </td>
+      <td>Ontario </td>
+      <td>Municipal suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Tasmania </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1886</td>
+      <td> New Zealand </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>New Brunswick </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1887</td>
+      <td> Kansas </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Nova Scotia </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Manitoba </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>North Dakota </td>
+      <td>School
+suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>South Dakota </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1887 </td>
+      <td>Montana </td>
+      <td>School suffrage</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Arizona </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>New Jersey </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Montana </td>
+      <td> Tax-paying
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1888 </td>
+      <td>England </td>
+      <td>County suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>British Columbia</td>
+      <td> Municipal
+Suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Northwest Territory </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1889</td>
+      <td>Scotland</td>
+      <td>County suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Province of Quebec</td>
+      <td>Municipal
+suffrage, single women and widows<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1891 </td>
+      <td>Illinois</td>
+      <td>School suffrage.</td>
+    </tr>
+    <tr>
+      <td>1893 </td>
+      <td>Connecticut </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Colorado</td>
+      <td>Full suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>New Zealand </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td>1894 </td>
+      <td>Ohio</td>
+      <td> School suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Iowa</td>
+      <td>Bond suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>England</td>
+      <td>Parish and
+district suffrage, married and single women.<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1895 </td>
+      <td>South Australia </td>
+      <td> Full State suffrage.</td>
+    </tr>
+    <tr>
+      <td>1896 </td>
+      <td>Utah</td>
+      <td> Full suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Idaho </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td>1898 </td>
+      <td>Ireland</td>
+      <td>All offices except members of Parliament.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Minnesota </td>
+      <td> Library
+trustees.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Delaware</td>
+      <td> School
+suffrage to tax-paying women.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>France</td>
+      <td>Women
+engaged in commerce can vote for judges of the tribunal of commerce.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Louisiana </td>
+      <td>Tax-paying
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1900 </td>
+      <td>Wisconsin </td>
+      <td>School suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>West Australia</td>
+      <td>Full State
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1901 </td>
+      <td>New York</td>
+      <td>Tax-paying suffrage; local taxation in all towns and villages
+of the State.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Norway</td>
+      <td>Municipal
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1902 </td>
+      <td>Australia</td>
+      <td>Full suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>New South Wales</td>
+      <td>Full State
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1903</td>
+      <td> Kansas</td>
+      <td>Bond suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Tasmania</td>
+      <td> Full State
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1905 </td>
+      <td>Queensland</td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1906 </td>
+      <td>Finland</td>
+      <td>Full suffrage; eligible for all offices.</td>
+    </tr>
+    <tr>
+      <td>1907 </td>
+      <td>Norway</td>
+      <td>Full parliamentary suffrage to the 300,000 who already had
+municipal suffrage.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Sweden</td>
+      <td>Eligible to
+municipal offices.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Denmark </td>
+      <td> Can vote
+for members of boards of public charities and serve on such boards.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>England </td>
+      <td> Eligible as
+mayors, aldermen, and county and town concilors.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Oklahoma</td>
+      <td> New State
+continued school suffrage for women.<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1908 </td>
+      <td>Michigan</td>
+      <td> Taxpayers to vote on question of local taxation and granting
+of franchises.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Denmark</td>
+      <td>Women who
+are taxpayers or wives of taxpayers vote for all offices except of
+members of Parliament.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Victoria</td>
+      <td> Full State
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1909 </td>
+      <td>Belgium </td>
+      <td> Can vote for members of the conseils des prudhommes, and
+also eligible.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Province of Voralberg (Austrian Tyrol) </td>
+      <td>Single
+women and widows paying taxes were given a vote.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Ginter Park, VA</td>
+      <td>Tax-paying
+women, a vote on all municipal questions.<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1910 </td>
+      <td>Washington</td>
+      <td> Full suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>New Mexico</td>
+      <td>School
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1910 </td>
+      <td>Norway</td>
+      <td> Municipal suffrage made universal.<br>
+Three-fifths of the women had it before.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Bosnia</td>
+      <td> Parliamentary
+vote to women owning a certain amount of real estate.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Diet of the Crown Prince of Krain (Austria)<br>
+      </td>
+      <td>Suffrage to the
+women of its capital city Laibach.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>India (Gaekwar of Baroda)<br>
+      </td>
+      <td>Women in his
+dominions vote in municipal elections.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Wurttemberg </td>
+      <td>Women engaged in
+agriculture vote for Kingdom of members of the chamber of agriculture;
+also eligible.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>New York</td>
+      <td>Women in all
+towns, villages and third-class cities vote on bonding propositions.<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1911 </td>
+      <td>California</td>
+      <td>Full suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Honduras</td>
+      <td>Municipal
+suffrage in capital city, Belize.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Iceland</td>
+      <td>Parliamentary
+suffrage for women over 25 years.<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1912 </td>
+      <td>Oregon</td>
+      <td> Full suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Arizona</td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Kansas</td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td>1913 </td>
+      <td>Alaska</td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Norway</td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Illinois</td>
+      <td>Suffrage for
+statutory officials (including presidential electors and municipal
+officers).<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1914 </td>
+      <td>Iceland </td>
+      <td>Full suffrage.</td>
+    </tr>
+  </tbody>
+</table>
+<br>
+<br>
+<a name="Page_291"></a>In the United States the struggle for the
+franchise
+has entered national politics, a sure sign of
+its widening scope. The demand for equal suffrage
+was embodied in the platform of the Progressive
+Party in August, 1912. This marks an advance
+over Col. Roosevelt's earlier view, expressed in
+the <i>Outlook</i> of February 3, 1912, when he said:
+"I believe in woman's suffrage wherever the
+women want it. Where they do not want it, the
+suffrage should not be forced upon them." When
+the new administration assumed office in March,
+1913, the friends of suffrage worked to secure a
+constitutional amendment which should make
+votes for women universal in the United States.
+<a name="Page_292"></a>The inauguration ceremonies were marred by an
+attack of hoodlums on the suffrage contingent of
+the parade. Mr. Hobson in the House denounced
+the outrage and mentioned the case of a young
+lady, the daughter of one of his friends, who was
+insulted by a ruffian who climbed upon the float
+where she was. Mr. Mann, the Republican minority
+leader, remarked in reply that her daughter
+ought to have been at home. Commenting on
+this dialogue, <i>Collier's Weekly</i> of April 5, 1913,
+recalled the boast inscribed by Rameses III of
+Egypt on his monuments, twelve hundred years
+before Christ: "To unprotected women there is
+freedom to wander through the whole country
+wheresoever they list without apprehending danger."
+If one works this out chronologically,
+said the editor, Mr. Mann belongs somewhere
+back in the Stone Age. In the Senate an active
+committee on woman suffrage was formed under
+the chairmanship of Mr. Thomas, of Colorado.
+The vote on the proposed new amendment was
+taken in the Senate on March 19, 1914, and it
+was rejected,<a name="FNanchor_428"></a><a href="#Footnote_428"><sup>[428]</sup></a>
+35 to 34, two-thirds being necessary
+<a name="Page_293"></a>before the measure could be submitted to the
+States for ratification. In the House Mr. Underwood,
+Democratic minority leader, took the stand
+that suffrage was purely a State issue. Mr.
+Heflin of Alabama was particularly vigorous in
+denunciation of votes for women. He said<a name="FNanchor_429"></a><a
+ href="#Footnote_429"><sup>[429]</sup></a>:
+<p>"I do not believe that there is a red-blooded
+man in the world who in his heart really believes
+in woman suffrage. I think that every man who
+favours it ought to be made to wear a dress. Talk
+about taxation without representation! Do you
+say that the young man who is of age does not
+represent his mother? Do you say that the young
+man who pledges at the altar to love, cherish, and
+protect his wife, does not represent her and his
+children when he votes? When the Christ of God
+came into this world to die for the sins of humanity,
+did he not die for all, males and females?
+What sort of foolish stuff are you trying to inject
+into this tariff debate?... There are trusts and
+monopolies of every kind, and these little feminine
+fellows are crawling around here talking about
+woman suffrage. I have seen them here in this
+Capitol. The suffragette and a little henpecked
+fellow crawling along beside her; that is her husband.
+She is a suffragette, and he is a mortal
+suffering yet."</p>
+<p><a name="Page_294"></a>Mr. Falconer of Washington rose in reply. He
+remarked:<a name="FNanchor_430"></a><a href="#Footnote_430"><sup>[430]</sup></a></p>
+<p>"I want to observe that the mental operation
+of the average woman in the State of Washington,
+as compared to the ossified brain operation of the
+gentleman from Alabama, would make him look
+like a mangy kitten in a tiger fight. The average
+woman in the State of Washington knows more
+about social economics and political economy in
+one minute than the gentleman from Alabama has
+demonstrated to the members of this House that
+he knows in five minutes."</p>
+<p>On February 2, 1914, a delegation of women
+called upon President Wilson to ascertain his
+views. The President refused to commit himself.
+He was not at liberty, he said, to urge upon
+Congress policies which had not the endorsement
+of his party's platform; and as the representative
+of his party he was under obligations not to promulgate
+or intimate his individual convictions.
+On February 3, 1914, the Democrats of the House
+in caucus, pursuant to a resolution of Mr. Heflin,
+refused to create a woman suffrage committee.
+So the constitutional amendment was quite lost.
+In the following July Mr. Bryan suddenly issued
+a strong appeal for equal suffrage in the <i>Commoner</i>.
+Among his arguments were these:</p>
+<p>"As man and woman are co-tenants of the earth
+and must work out their destiny together, the
+presumption is on the side of equality of treatment
+<a name="Page_295"></a>in all that pertains to their joint life and its
+opportunities.
+The burden of proof is on those who
+claim for one an advantage over the other in determining
+the conditions under which both shall
+live. This claim has not been established in the
+matter of suffrage. On the contrary, the objections
+raised to woman suffrage appear to me to be
+invalid, while the arguments advanced in support of
+the proposition are, in my judgment, convincing."</p>
+<p>"Without minimising other arguments advanced
+in support of the extending of suffrage to
+woman, I place the emphasis upon the mother's
+right to a voice in molding the environment which
+shall surround her children&#8212;an environment
+which operates powerfully in determining whether
+her offspring will crown her latter years with joy
+or 'bring down her gray hairs in sorrow to the
+grave.'</p>
+<p>"For a time I was imprest by the suggestion
+that the question should be left to the women to
+decide&#8212;a majority to determine whether the
+franchise should be extended to woman; but I find
+myself less and less disposed to indorse this test....
+Why should any mother be denied the use
+of the franchise to safeguard the welfare of her
+child merely because another mother may not
+view her duty in the same light?"</p>
+<p>The change in the status of women has been
+significant not only in the political field, but also
+in every other direction. A brief survey of the
+legislation of various States in the past year, 1913,
+<a name="Page_296"></a>reveals the manifold measures already adopted
+for
+the further protection of women and indicates
+the trend of laws in the near future. Acts were
+passed in Arkansas, Kansas, Missouri, New Mexico,
+and Ohio to punish the seduction of girls and women
+for commercialised vice, the laws being known
+as "White Slave Acts"; laws for the abatement
+of disorderly houses were passed in California,
+Minnesota, Oregon, Pennsylvania, and Washington;
+Oregon decreed that male applicants for a
+marriage license must produce a physician's certificate
+showing freedom from certain diseases;
+and it authorised the sterilisation of habitual
+criminals and degenerates. The necessity of
+inculcating chastity in the newer generation,
+whether through the teaching of sex hygiene in
+the schools or in some other form, was widely
+discussed throughout the country. Mothers' pensions
+were granted by fourteen States; minimum
+wage boards were established by three; and three
+passed laws for the punishment of family desertion,
+in such wise that the family of the offender
+should receive a certain daily sum from the State
+while he worked off his sentence. Tennessee removed
+the disability of married women arising
+from coverture. Ten States further limited the
+hours of labour for women in certain industries,
+the tendency being to fix the limit at fifty-four
+or fifty-eight hours a week with a maximum of
+nine or ten in any one day. The hours of labour
+of children and the age at which they are allowed
+<a name="Page_297"></a>to work were largely restricted. A National
+Children's Bureau, under the charge of Miss Julia
+Lathrope, has been created at Washington; and
+Mrs. J. Borden Harriman was appointed to the
+Industrial Relations Commission. The minuteness
+and thoroughness of modern legislation for
+the protection of women may be realised by noting
+that in 1913 alone New York passed laws that no
+girl under sixteen shall in any city of the first,
+second, or third class sell newspapers or magazines
+or shine shoes in any street or public place; that
+separate wash rooms and dressing rooms must be
+provided in factories where more than ten women
+are employed; that whenever an employer requires
+a physical examination, the employee, if a
+female, can demand a physician of her own sex;
+that the manufacture or repair for a factory of
+any article of food, dolls' clothing, and children's
+apparel in a tenement house be prohibited except
+by special permit of the Labor Commission; that
+the State Industrial Board be authorised to make
+special rules and regulations for dangerous employments;
+and that the employment of women
+in canning establishments be strictly limited
+according to prescribed hours.</p>
+<p>The unmistakable trend of legislation in the
+United States is towards complete equality of the
+sexes in all moral, social, industrial, professional,
+and political activities.</p>
+<p>In England the House of Commons rejected
+parliamentary suffrage for women. Incensed at
+<a name="Page_298"></a>the repeated chicanery of politicians who
+alternately
+made and evaded their promises, a group
+of suffragettes known as the "militants" resorted
+to open violence. When arrested for damaging
+property, they went on a "hunger strike," refusing
+all nourishment. This greatly embarrassed
+the government, which in 1913 devised the so-called
+"Cat and Mouse Act," whereby those who
+are in desperate straits through their refusal to eat
+are released temporarily and conditionally, but
+can be rearrested summarily for failure to comply
+with the terms of their parole. The weakness in
+the attitude of the militant suffragettes is their
+senseless destruction of all kinds of property and
+the constant danger to which they subject innocent
+people by their outrages. If they would confine
+themselves to making life unpleasant for those who
+have so often broken their pledges, they could
+stand on surer ground. The English are commonly
+regarded as an orderly people, especially
+by themselves. Nevertheless, it is true that hardly
+any great reform has been achieved in England
+without violence. The men of England did not
+secure the abolition of the "rotten-borough"
+system and extensive manhood suffrage until, in
+1831, they smashed the windows of the Duke of
+Wellington's house, burned the castle of the Duke
+of Newcastle, and destroyed the Bishop's palace
+at Bristol. In 1839 at Newport twenty chartists
+were shot in an attempt to seize the town; they
+were attempting to secure reforms like the aboli<a name="Page_299"></a>tion
+of property qualifications for members of
+Parliament. The English obtained the permanent
+tenure of their "immemorial rights" only by
+beheading one king and banishing another. In
+our own country, the Boston Tea Party was a
+typical "militant outrage," generally regarded
+as a fine piece of patriotism. If the tradition of
+England is such that violence must be a preliminary
+to all final persuasion, perhaps censure of
+the militants can find some mitigation in that fact.
+Some things move very slowly in England. In
+1909 a commission was appointed to consider reform
+in divorce. Under the English law a husband
+can secure a divorce for infidelity, but a
+woman must, in addition to adultery, prove aggravated
+cruelty. This is humorously called
+"British fair play." In November, 1912, the
+majority of the commission recommended that
+this inequality be removed and that the sexes be
+placed on an equal footing; and that in addition
+to infidelity, now the only cause for divorce allowed,
+complete separation be also granted for
+desertion for three years, incurable insanity, and
+incurable habitual drunkenness. The majority,
+nine commissioners, found that the present stringent
+restrictions and costliness of divorce are
+productive of immorality and illicit relations,
+particularly among the poorer classes. The majority
+report was opposed by the three minority
+members, the Archbishop of York, Sir William
+Anson, and Sir Lewis Dibdin, representing the
+<a name="Page_300"></a>Established Church of England and the Roman
+Catholic Church. Thus far, Parliament has not
+yet acted and the old law is still in force.</p>
+<p>On the Continent, with the exception of a few
+places like Finland, the movement for equal
+suffrage, while earnestly pressed by a few, is not
+yet concentrated. Women have won their rights
+to higher education and are admitted to the
+universities. They can usually enter business
+and most of the professions. Inequities of civil
+rights are gradually being swept away. For
+example, in Germany a married woman has complete
+control of her property, but only if she specifically
+provided for it in the marriage contract;
+many German women are ignorant that they
+possess such a right. The Germans may be
+divided into two classes: the caste which rules,
+largely Prussian, militaristic, and bureaucratic;
+and that which, although desirous of more republican
+institutions and potentially capable of
+liberal views, is constrained to obey the first or
+ruling class. This upper class is not friendly
+to the modern women's-rights movement. Perhaps
+it has read too much Schopenhauer. This
+amiable philosopher, whose own mother could
+not endure living with him, has this to say of
+women<a name="FNanchor_431"></a><a href="#Footnote_431"><sup>[431]</sup></a>:</p>
+<p>"A woman who is perfectly truthful and does
+not dissemble, is perhaps an impossibility. In a
+<a name="Page_301"></a>court of justice women are more often found
+guilty
+of perjury than men.... Women are directly
+adapted to act as the nurses and educators of our
+early childhood, for the simple reason that they
+themselves are childish, foolish, and shortsighted.... Women
+are and remain, taken altogether,
+the most thorough and incurable Philistines; and
+because of the extremely absurd arrangement
+which allows them to share the position and title
+of their husbands they are a constant stimulus to
+his ignoble ambitions.... Where are there any
+real monogamists? We all live, at any rate for a
+time, and the majority of us always, in polygamy.... It
+is men who make the money, and not
+women; therefore women are neither justified in
+having unconditional possession of it nor capable
+of administering it.... That woman is by nature
+intended to obey, is shown by the fact that every
+woman who is placed in the unnatural position
+of absolute independence at once attaches herself
+to some kind of man, by whom she is controlled
+and governed; that is because she requires a
+master. If she is young, the man is a lover; if she
+is old, a priest."</p>
+<p>Essentially the opinion of Schopenhauer is that
+of the Prussian ruling class to-day. It is indisputable
+that in Germany, as elsewhere on the
+Continent, chastity in men outside of marriage is
+not expected, nor is the wife allowed to inquire
+into her husband's past. The bureaucratic German
+expects his wife to attend to his domestic
+<a name="Page_302"></a>comforts; he does not consult her in politics.
+The natural result when the masculine element
+has not counterchecks is bullying and coarseness.
+To find the coarseness, the reader can consult the
+stories in papers like the <i>Berliner Tageblatt</i> and
+much of the current drama; to observe the bullying,
+he will have to see it for himself, if he doubts
+it. This is not an indictment of the whole German
+people; it is an indictment of the militaristic-bureaucratic
+ruling class, which, persuaded of its
+divine inspiration and intolerant of criticism,<a name="FNanchor_432"></a><a
+ href="#Footnote_432"><sup>[432]</sup></a>
+has plunged the country into a devastating war.
+It is not unlikely that the end of the conflict will
+mark also the overthrow of the Hohenzollern
+dynasty. The spirit of the Germans of 1848, who
+labored unsuccessfully to make their country a
+republic, may awake again and realise its dreams.
+In concluding this chapter, I wish to enlarge
+somewhat upon the philosophy of suffrage as
+exhibited in the preceding chapter. The "woman's
+sphere" argument is still being worked
+overtime by anti-suffrage societies, whose members
+rather inconsistently leave their "sphere," the
+<a name="Page_303"></a>home, to harangue in public and buttonhole
+legislators
+to vote against the franchise for women.
+"A woman's place," says the sage Hennessy, "is
+in th' home, darning her husband's childher. I
+mean----" "I know what ye mean," says Mr.
+Dooley. "'Tis a favrite argument iv mine whin I
+can't think iv annything to say." A century ago,
+the home was the woman's sphere. To-day the
+man has deliberately dragged her out of it to
+work for him in factory and store because he can
+secure her labor more cheaply than that of men
+and is, besides, safer in abusing her when she has
+no direct voice in legislation. Are the manufacturers
+willing to send their 1,300,000 female employees
+back to their "sphere"? If they are not,
+but desire their labor, they ought in fairness to
+allow them the privileges of workmen&#8212;that is, of
+citizens, participating actively in the political,
+social, and economic development of the country.</p>
+<p>As women enter more largely into every profession
+and business, certain results will inevitably
+follow. We shall see first of all what pursuits are
+particularly adapted to them and which ones are
+not. It has already become apparent that as
+telephone and typewriter operators women, as a
+class, are better fitted than men. They have, in
+general, greater patience for details and quickness
+of perception in these fields. Similarly, in
+architecture some have already achieved conspicuous
+success. One who has observed the insufficient
+closet space in modern apartments and
+<a name="Page_304"></a>kitchenettes with the icebox in front of the
+stove,
+is inclined to wish that male architects would
+consult their mothers or wives more freely. In
+law and medicine results are not yet clear. We
+shall presently possess more extensive data in all
+fields for surer conclusions.</p>
+<p>A second result may be, that many women,
+instead of leaving the home, will be forced back
+into it. This movement will be accelerated if the
+granting of equal pay for equal work and a universal
+application of the minimum wage take
+place. There are a great number of positions,
+especially those where personality is not a vital
+factor, where employers will prefer women when
+they can pay them less; but if they must give equal
+pay, they will choose men. Hence the tendency
+of the movements mentioned is to throw certain
+classes of women back into the home. The home
+of the future, however, will have lost much of the
+drudgery and monotony once associated with it.
+The ingenious labor-saving devices, like the breadmixer,
+the fireless cooker, the vacuum cleaner,
+and the electric iron, the propagation of scientific
+knowledge in the rearing of children, and wider
+outlets for outside interests, will tend to make
+domestic life an exact science, a profession as
+important and attractive as any other.</p>
+<p>The home is not necessarily every woman's
+sphere and neither is motherhood. Neither is it
+every woman's congenital duty to make herself
+attractive to men. The "woman's pages" of
+<a name="Page_305"></a>newspapers, filled with gratuitous advice on
+these
+subjects, never tell men that their duty is fatherhood
+or that they should make themselves attractive
+or that their sphere is also the home. Until
+these one-sided points of view are adjusted to a
+more reasonable basis, we shall not reach an
+understanding. They are as unjust as the farmer
+who ploughs with a steam plow and lets his wife
+cart water from a distant well instead of providing
+convenient plumbing.</p>
+<p>Women who are fitted for motherhood and have
+a talent for it can enter it with advantage. There
+is a talent for motherhood exactly as there is for
+other things. Other women have genius which
+can be of greatest service to the community in
+other ways. They should have opportunity to
+find their sphere. If this is "Feminism," it is
+also simple justice. One reason that we are at
+sea in some of the problems of the women's-rights
+movement, is that the history of women has been
+mainly written by men. The question of motherhood,
+the sexual life of women, and the position
+of women as it has been or is likely to be affected
+by their sexual characteristics, must be more
+exactly ascertained before definite conclusions
+can be reached. At present there is too much
+that we don't know. We need more scientific
+investigations of the type of Mr. Havelock Ellis's
+admirable <i>Studies in the Psychology of Sex</i><a name="FNanchor_433"></a><a
+ href="#Footnote_433"><sup>[433]</sup></a>
+and less of pseudo-scientific lucubrations like Otto
+<a name="Page_306"></a>Weininger's <i>Sex and Character</i>. When
+human
+society has rid itself of the bogies and nightmares,
+superstitions and prejudices, which have borne
+upon it with crushing force, it will be in a better
+position to construct an ideal system of government.
+Meanwhile experiments are and must be
+made. Woman suffrage is not necessarily a reform;
+it is a necessary step in evolution.</p>
+<p>One venerable bogey I wish to dispose of before
+I close. It is that the Roman Empire was ruined
+and collapsed because the increasing liberty given
+to women and the equality granted the sexes under
+the Empire produced immorality that destroyed
+the State. The trouble with Rome was that it
+failed to grasp the fundamentals of economic law.
+Slavery, the concentration of land in a few hands,
+and the theory that all taxation has for its end the
+enriching of a select few, were the fallacies which,
+in the last analysis, caused the collapse of the
+Roman Empire. The luxury, immorality, and
+race-suicide which are popularly conceived to have
+been the immediate causes of Rome's decline and
+fall, were in reality the logical results, the inevitable
+attendant phenomena of a political system
+based on a false hypothesis. For when wealth
+was concentrated in a few hands, when there
+was no all-embracing popular education, all incentives
+to thrift, to private initiative, and hence
+to the development of the sturdy moral qualities
+which thrift and initiative cause and are the product
+of, were stifled. A nation can reach its
+<a name="Page_307"></a>maximum power only when, through the harmonious
+cooperation of all its parts, the initiative and
+talents of every individual have free scope, untrammeled
+by special privilege, to reach that sphere
+for which nature has designed him or her.</p>
+<p>NOTE: The official organ of the National American
+Woman Suffrage Association is <i>The Woman's
+Journal</i>, published weekly. The headquarters
+are at 505 Fifth Avenue, New York City.</p>
+<p>England has two organisations which differ
+in methods. The National Union of Women's
+Suffrage Societies has adopted the constitutional
+or peaceful policy; it publishes <i>The Common Cause</i>,
+a weekly, at 2 Robert Street, Adelphi, W.C.,
+London. The "militant" branch of suffragettes
+forms the National Women's Social and Political
+Union, and its weekly paper is <i>Votes for Women</i>,
+Lincoln's Inn House, Kingsway, W.C.</p>
+<p>The International Woman Suffrage Alliance
+issues the <i>Jus Suffragii</i> monthly at 62 Kruiskade,
+Rotterdam.</p>
+<p>A good source from which to obtain the present
+status of women in Europe is the <i>Englishwoman's
+Year Book and Directory for 1914</i>, published by
+Adam and Charles Black.<br>
+<br>
+</p>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_428"></a><a href="#FNanchor_428">[428]</a>
+<div class="note">
+<p> Twenty-six senators did not vote. The question of negro
+suffrage complicated the matter with Southern senators. Mr.
+Williams of Mississippi wished to limit the franchise to "white
+citizens"; but his amendment was voted down. The list of
+senators voting for and against the woman suffrage amendment
+appears on page 5472 of the Congressional Record, March 19,
+1914. The debate is contained in pages 5454-5472. Senator
+Tillman of South Carolina inserted a vicious attack on northern
+women by the late Albert Bledsoe, who advised them to "cut
+their hair short, and their petticoats, too, and enter a la bloomer
+the ring of political prizefighters." Bledsoe's article will be
+found in the Record, July 28, 1913, 3115-3119.</p>
+</div>
+<a name="Footnote_429"></a><a href="#FNanchor_429">[429]</a>
+<div class="note">
+<p> Record, May 6, 1913, 1221-1222.</p>
+</div>
+<a name="Footnote_430"></a><a href="#FNanchor_430">[430]</a>
+<div class="note">
+<p> Record, May 6, 1913, 1222.</p>
+</div>
+<a name="Footnote_431"></a><a href="#FNanchor_431">[431]</a>
+<div class="note">
+<p> Essays of Schopenhauer. Translated by Mrs. Rudolf Dircks
+Pages 64-79.</p>
+</div>
+<a name="Footnote_432"></a><a href="#FNanchor_432">[432]</a>
+<div class="note">
+<p> Any criticism of the Kaiser leads to arrest. The most vigorous
+checks to Bourbon rule come from the Socialists, who in
+1912 polled 4,250,300 votes. But as the Kaiser, as King of
+Prussia, controls a majority of votes in the Bundesrath, or
+Federal Council, can dissolve the Reichstag, or House of
+Representatives,
+at any time with the consent of the Bundesrath,
+has sole power to appoint the chancellor, and is lord supreme of
+the army and navy, anything like real popular government is
+far off.</p>
+</div>
+<a name="Footnote_433"></a><a href="#FNanchor_433">[433]</a>
+<div class="note">
+<p> Philadelphia, 1906. The F.A. Davis Company.</p>
+</div>
+<hr style="width: 65%;">
+<a name="INDEX"></a>
+<h2><a name="Page_308"></a>INDEX</h2>
+A<br>
+<br>
+Adultery, under Roman Law,<a href="#Page_19">19</a>-<a href="#Page_22">22</a><br>
+<span style="margin-left: 1em;">laws modified by Justinian, <a
+ href="#Page_68">68</a>-<a href="#Page_69">69</a></span><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_80">80</a>, <a href="#Page_86">86</a>, <a href="#Page_87">87</a></span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Age of Consent, under English Law,<a href="#Page_138">138</a>-<a
+ href="#Page_139">139</a><br>
+<span style="margin-left: 1em;">in the United States, <a
+ href="#Page_155">155</a>-<a href="#Page_156">156</a>, <a
+ href="#Page_167">167</a>-<a href="#Page_168">168</a>, <a
+ href="#Page_275">275</a></span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Alabama, <a href="#Page_175">175</a>-<a href="#Page_176">176</a><br>
+<br>
+Apostles, teachings about women, <a href="#Page_55">55</a>-<a
+ href="#Page_57">57</a><br>
+<br>
+Arizona, <a href="#Page_176">176</a>-<a href="#Page_177">177</a><br>
+<br>
+Arkansas, <a href="#Page_177">177</a>-<a href="#Page_178">178</a><br>
+<br>
+Attainder, bills of, in Roman Empire, <a href="#Page_35">35</a>-<a
+ href="#Page_37">37</a><br>
+<span style="margin-left: 1em;">laws of Arcadius, Honorius, and
+Constantine, <a href="#Page_75">75</a>-<a href="#Page_76">76</a></span><br>
+<span style="margin-left: 1em;">of Pope Innocent III, <a
+ href="#Page_116">116</a>.</span><br>
+<br>
+<br>
+B<br>
+<br>
+Breach of Promise, under Roman Law, <a href="#Page_12">12</a><br>
+<span style="margin-left: 1em;">modification by Constantine, <a
+ href="#Page_72">72</a></span><br>
+<span style="margin-left: 1em;">by Justinian, <a href="#Page_73">73</a></span><br>
+<br>
+Business, woman in, under Roman Empire, <a href="#Page_29">29</a><br>
+<span style="margin-left: 1em;">in England, <a href="#Page_143">143</a></span><br>
+<span style="margin-left: 1em;">in the United States, <a
+ href="#Page_173">173</a>-<a href="#Page_174">174</a></span><br>
+<span style="margin-left: 1em;">see also under each State</span><br>
+<br>
+<br>
+C<br>
+<br>
+California, <a href="#Page_178">178</a>-<a href="#Page_180">180</a><br>
+<br>
+Chastisement, right of husband to chastise wife under English Law, <a
+ href="#Page_125">125</a>-<a href="#Page_127">127</a><br>
+<br>
+Christ, teachings about women, <a href="#Page_52">52</a>-<a
+ href="#Page_53">53</a><br>
+<br>
+Colorado, <a href="#Page_180">180</a>-<a href="#Page_181">181</a><br>
+<br>
+Connecticut, <a href="#Page_181">181</a>-<a href="#Page_182">182</a><br>
+<br>
+Consent of women to marriage, under Roman Law, <a href="#Page_10">10</a><br>
+<span style="margin-left: 1em;">opinions of Church Fathers, <a
+ href="#Page_60">60</a></span><br>
+<span style="margin-left: 1em;">enactments of Christian Emperors, <a
+ href="#Page_74">74</a></span><br>
+<br>
+Crimes against women, under Roman Law, <a href="#Page_41">41</a>-<a
+ href="#Page_42">42</a>, <a href="#Page_76">76</a><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_94">94</a>-<a href="#Page_97">97</a></span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_138">138</a>-<a
+ href="#Page_139">139</a></span><br>
+<br>
+Curtesy, defined, <a href="#Page_174">174</a><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_127">127</a>-<a
+ href="#Page_129">129</a></span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Custom, power of, <a href="#Page_266">266</a>-<a href="#Page_269">269</a><br>
+<br>
+<br>
+D<br>
+<br>
+Delaware, <a href="#Page_182">182</a>-<a href="#Page_183">183</a><br>
+<br>
+Discrepancy in wages paid to women, <a href="#Page_280">280</a>-<a
+ href="#Page_283">283</a><br>
+<br>
+District of Columbia, <a href="#Page_183">183</a>-<a href="#Page_184">184</a><br>
+<br>
+Divorce, under Roman Law, <a href="#Page_22">22</a>-<a href="#Page_26">26</a>;<br>
+<span style="margin-left: 1em;">modified by
+Theodosius and Valentinian, <a href="#Page_66">66</a>;</span><br>
+<span style="margin-left: 1em;">by Justinian, <a href="#Page_67">67</a>;</span><br>
+<span style="margin-left: 1em;">by Justin, <a href="#Page_68">68</a>;</span><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_85">85</a>-<a href="#Page_86">86</a>, <a href="#Page_88">88</a>;</span><br>
+<span style="margin-left: 1em;">under Canon Law, <a href="#Page_111">111</a>-<a
+ href="#Page_116">116</a>;</span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_133">133</a>-<a
+ href="#Page_137">137</a>;</span><br>
+<span style="margin-left: 1em;">general considerations, <a
+ href="#Page_285">285</a>-<a href="#Page_287">287</a>;</span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Double standard of morality, <a href="#Page_273">273</a>-<a
+ href="#Page_274">274</a><br>
+<br>
+Dower, defined, <a href="#Page_174">174</a>;<br>
+<span style="margin-left: 1em;">right of, in English Law, <a
+ href="#Page_128">128</a>;</span><br>
+<span style="margin-left: 1em;">see also under different States.</span><br>
+<br>
+Dowry, under Roman Law, <a href="#Page_14">14</a>-<a href="#Page_16">16</a>,
+<a href="#Page_19">19</a>;<br>
+<span style="margin-left: 1em;">among ancient Gauls, <a href="#Page_78">78</a>;</span><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_80">80</a>, <a href="#Page_83">83</a>, <a href="#Page_92">92</a></span><br>
+<br>
+<br>
+E<br>
+<br>
+Education, rights of women to an,<br>
+<span style="margin-left: 1em;">under Roman Empire, <a href="#Page_42">42</a>-<a
+ href="#Page_45">45</a>;</span><br>
+<span style="margin-left: 1em;">in England, <a href="#Page_139">139</a>-<a
+ href="#Page_143">143</a>;</span><br>
+<span style="margin-left: 1em;">in the United States, <a
+ href="#Page_168">168</a>-<a href="#Page_170">170</a></span><br>
+<br>
+<br>
+F<br>
+<br>
+Fathers of the Church, their commands concerning women, <a
+ href="#Page_57">57</a>-<a href="#Page_63">63</a><br>
+<br>
+Florida, <a href="#Page_184">184</a>-<a href="#Page_186">186</a><br>
+<br>
+<br>
+G<br>
+<br>
+Georgia, <a href="#Page_186">186</a>-<a href="#Page_187">187</a><br>
+<br>
+Gifts between husband and wife, under Roman Law, <a href="#Page_16">16</a>-<a
+ href="#Page_17">17</a>;<br>
+<span style="margin-left: 1em;">changes by Justinian, <a
+ href="#Page_73">73</a>-<a href="#Page_74">74</a></span><br>
+<br>
+Guardian, decay of power of, under Roman Law, <a href="#Page_7">7</a>-<a
+ href="#Page_8">8</a><br>
+<br>
+Guardians, women as, under Roman Law, <a href="#Page_3">3</a>;<br>
+<span style="margin-left: 1em;">laws modified by Justinian, <a
+ href="#Page_75">75</a>;</span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Guardianship under Roman Law, <a href="#Page_1">1</a>-<a href="#Page_3">3</a>;<br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_81">81</a>-<a href="#Page_82">82</a></span><br>
+<br>
+<br>
+H<br>
+<br>
+Husband and wife, under Roman Law, <a href="#Page_12">12</a>-<a
+ href="#Page_22">22</a>;<br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_84">84</a>-<a href="#Page_85">85</a>;</span><br>
+<span style="margin-left: 1em;">under Canon Law, <a href="#Page_106">106</a>,
+<a href="#Page_110">110</a>, <a href="#Page_111">111</a>;</span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_124">124</a>-<a
+ href="#Page_133">133</a>;</span><br>
+<span style="margin-left: 1em;">see also under various States</span><br>
+<br>
+<br>
+I<br>
+<br>
+Idaho, <a href="#Page_187">187</a>-<a href="#Page_188">188</a><br>
+<br>
+Illinois, <a href="#Page_188">188</a>-<a href="#Page_189">189</a>;<br>
+<span style="margin-left: 1em;">Ritchie case, <a href="#Page_283">283</a>-<a
+ href="#Page_284">284</a></span><br>
+<br>
+Indian Territory, <a href="#Page_191">191</a><br>
+<br>
+Indiana, <a href="#Page_189">189</a>-<a href="#Page_191">191</a><br>
+<br>
+Inheritance rights of women, under Roman Law, <a href="#Page_34">34</a>-<a
+ href="#Page_40">40</a>, <a href="#Page_74">74</a>;<br>
+<span style="margin-left: 1em;">modified by Justinian, <a
+ href="#Page_75">75</a>;</span><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_88">88</a>-<a href="#Page_91">91</a>;</span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_121">121</a>,
+<a href="#Page_122">122</a>, <a href="#Page_128">128</a></span><br>
+<br>
+Intellectual inferiority of women, argument discussed, <a
+ href="#Page_255">255</a>-<a href="#Page_259">259</a><br>
+<br>
+Iowa, <a href="#Page_192">192</a>-<a href="#Page_193">193</a><br>
+<br>
+<br>
+J<br>
+<br>
+Jewish ideas about women, <a href="#Page_54">54</a>-<a href="#Page_55">55</a><br>
+<br>
+K<br>
+<a name="Page_309"></a><br>
+Kansas, <a href="#Page_193">193</a>-<a href="#Page_194">194</a><br>
+<br>
+Kentucky, <a href="#Page_194">194</a>-<a href="#Page_196">196</a><br>
+<br>
+<br>
+L<br>
+<br>
+Lecky, analysis of character of women, <a href="#Page_261">261</a>-<a
+ href="#Page_264">264</a><br>
+<br>
+Louisiana, <a href="#Page_196">196</a>-<a href="#Page_198">198</a><br>
+<br>
+M<br>
+<br>
+Macaulay on the effects of freedom, <a href="#Page_270">270</a>-<a
+ href="#Page_273">273</a><br>
+<br>
+Maine, <a href="#Page_198">198</a><br>
+<br>
+Marriage, women in, under Roman Law, <a href="#Page_9">9</a>-<a
+ href="#Page_26">26</a>;<br>
+<span style="margin-left: 1em;">opinions of Church Fathers, <a
+ href="#Page_60">60</a>-<a href="#Page_61">61</a>;</span><br>
+<span style="margin-left: 1em;">among ancient Gauls and Germans, <a
+ href="#Page_78">78</a>, <a href="#Page_80">80</a>;</span><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_83">83</a>, <a href="#Page_84">84</a>;</span><br>
+<span style="margin-left: 1em;">under Canon Law, <a href="#Page_107">107</a>-<a
+ href="#Page_110">110</a>;</span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_125">125</a>-<a
+ href="#Page_133">133</a>;</span><br>
+<span style="margin-left: 1em;">modern changes in views of, <a
+ href="#Page_287">287</a>;</span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Maryland, <a href="#Page_199">199</a>-<a href="#Page_200">200</a><br>
+<br>
+Massachusetts, <a href="#Page_200">200</a>-<a href="#Page_201">201</a><br>
+<br>
+Michigan, <a href="#Page_202">202</a>-<a href="#Page_203">203</a><br>
+<br>
+Minnesota, <a href="#Page_203">203</a>-<a href="#Page_204">204</a><br>
+<br>
+Mississippi, <a href="#Page_204">204</a>-<a href="#Page_205">205</a><br>
+<br>
+Missouri, <a href="#Page_205">205</a>-<a href="#Page_207">207</a><br>
+<br>
+Montana, <a href="#Page_207">207</a>-<a href="#Page_208">208</a><br>
+<br>
+Moral argument against suffrage, <a href="#Page_259">259</a>-<a
+ href="#Page_261">261</a><br>
+<br>
+<br>
+N<br>
+<br>
+Nebraska, <a href="#Page_208">208</a>-<a href="#Page_209">209</a><br>
+<br>
+Nevada, <a href="#Page_209">209</a>-<a href="#Page_210">210</a><br>
+<br>
+New Hampshire, <a href="#Page_211">211</a>-<a href="#Page_212">212</a><br>
+<br>
+New Jersey, <a href="#Page_212">212</a>-<a href="#Page_213">213</a><br>
+<br>
+New Mexico, <a href="#Page_213">213</a>-<a href="#Page_214">214</a><br>
+<br>
+New York, <a href="#Page_214">214</a>-<a href="#Page_215">215</a><br>
+<br>
+North Carolina, <a href="#Page_215">215</a>-<a href="#Page_216">216</a><br>
+<br>
+North Dakota, <a href="#Page_216">216</a>-<a href="#Page_217">217</a><br>
+<br>
+<br>
+O<br>
+<br>
+Ohio, <a href="#Page_217">217</a>-<a href="#Page_219">219</a><br>
+<br>
+Oklahoma, <a href="#Page_219">219</a>-<a href="#Page_220">220</a><br>
+<br>
+Old Maid, treatment of, by Christians, <a href="#Page_246">246</a>-<a
+ href="#Page_247">247</a><br>
+<br>
+Oregon, <a href="#Page_220">220</a>-<a href="#Page_221">221</a><br>
+<br>
+<br>
+P<br>
+<br>
+Partiality of Roman Law to women, <a href="#Page_19">19</a>, <a
+ href="#Page_33">33</a>, <a href="#Page_34">34</a><br>
+<br>
+Pennsylvania, <a href="#Page_221">221</a>-<a href="#Page_222">222</a><br>
+<br>
+Physiological argument against suffrage, <a href="#Page_238">238</a>-<a
+ href="#Page_243">243</a><br>
+<br>
+Political or social argument against suffrage, <a href="#Page_243">243</a>-<a
+ href="#Page_255">255</a><br>
+<br>
+Power of father, under Roman Law, <a href="#Page_2">2</a>, <a
+ href="#Page_10">10</a>, <a href="#Page_20">20</a>, <a href="#Page_21">21</a>,
+<a href="#Page_30">30</a>, <a href="#Page_35">35</a>;<br>
+<span style="margin-left: 1em;">under early Christians, <a
+ href="#Page_55">55</a>, <a href="#Page_60">60</a>;</span><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_81">81</a>, <a href="#Page_84">84</a>, <a href="#Page_91">91</a>
+</span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_123">123</a></span><br>
+<br>
+Professions, women in, in England, <a href="#Page_143">143</a>-<a
+ href="#Page_144">144</a>;<br>
+<span style="margin-left: 1em;">in United States, <a href="#Page_171">171</a>-<a
+ href="#Page_173">173</a>, and see under</span><br>
+<span style="margin-left: 1em;">various States;</span><br>
+<span style="margin-left: 1em;">need of opening all, to women, <a
+ href="#Page_277">277</a>-<a href="#Page_280">280</a></span><br>
+<br>
+Property rights of married women, under Roman Law, <a href="#Page_14">14</a>-<a
+ href="#Page_16">16</a>;<br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_84">84</a>, <a href="#Page_88">88</a>, <a href="#Page_92">92</a>-<a
+ href="#Page_94">94</a>;</span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_127">127</a>-<a
+ href="#Page_133">133</a>;</span><br>
+<span style="margin-left: 1em;">of widows and single women, under Roman
+Law, <a href="#Page_26">26</a>-<a href="#Page_29">29</a>;</span><br>
+<span style="margin-left: 2em;">among Germanic peoples, <a
+ href="#Page_88">88</a>, <a href="#Page_93">93</a>-<a href="#Page_94">94</a>;</span><br>
+<span style="margin-left: 2em;">under English Law, <a href="#Page_121">121</a></span><br>
+<a name="Page_310"></a><span style="margin-left: 1em;">in the United
+States, <a href="#Page_156">156</a></span><br>
+<br>
+Protection of property of children under Roman Law, <a href="#Page_40">40</a>-<a
+ href="#Page_41">41</a><br>
+<br>
+<br>
+R<br>
+<br>
+Respect for women, among Romans, <a href="#Page_3">3</a>-<a
+ href="#Page_7">7</a><br>
+<span style="margin-left: 1em;">among ancient Germans, <a
+ href="#Page_79">79</a>-<a href="#Page_80">80</a></span><br>
+<br>
+Rhode Island, <a href="#Page_222">222</a>-<a href="#Page_223">223</a><br>
+<br>
+Ritchie case in Illinois, <a href="#Page_283">283</a>-<a
+ href="#Page_284">284</a><br>
+<br>
+Roman Catholic Church, attitude to women, <a href="#Page_87">87</a>-<a
+ href="#Page_88">88</a>, <a href="#Page_98">98</a>, <a
+ href="#Page_106">106</a>-<a href="#Page_119">119</a><br>
+<br>
+<br>
+S<br>
+<br>
+Second marriages, opinions of Church Fathers concerning, <a
+ href="#Page_61">61</a><br>
+<span style="margin-left: 1em;">Legislation of Christian Emperors, <a
+ href="#Page_69">69</a>-<a href="#Page_72">72</a></span><br>
+<br>
+Slaves, women, under Roman Law, <a href="#Page_46">46</a>-<a
+ href="#Page_49">49</a><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_97">97</a></span><br>
+<span style="margin-left: 1em;">under Canon Law, <a href="#Page_111">111</a></span><br>
+<br>
+South Carolina, <a href="#Page_223">223</a>-<a href="#Page_224">224</a><br>
+<br>
+South Dakota, <a href="#Page_224">224</a>-<a href="#Page_225">225</a><br>
+<br>
+Suffrage, woman, in England, <a href="#Page_144">144</a>-<a
+ href="#Page_148">148</a><br>
+<span style="margin-left: 1em;">in the United States, <a
+ href="#Page_151">151</a>-<a href="#Page_155">155</a>, <a
+ href="#Page_157">157</a>-<a href="#Page_167">167</a></span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Suits, women engaging in, under Roman Law, <a href="#Page_30">30</a>-<a
+ href="#Page_33">33</a><br>
+<br>
+<br>
+T<br>
+<br>
+Tennessee, <a href="#Page_226">226</a><br>
+<br>
+Texas, <a href="#Page_227">227</a><br>
+<br>
+Theological argument against women's rights, <a href="#Page_237">237</a>-<a
+ href="#Page_238">238</a><br>
+<br>
+Training of women for higher ideals, <a href="#Page_276">276</a>-<a
+ href="#Page_277">277</a><br>
+<br>
+<br>
+U<br>
+<br>
+Utah, <a href="#Page_227">227</a>-<a href="#Page_228">228</a><br>
+<br>
+<br>
+V<br>
+<br>
+Vermont, <a href="#Page_228">228</a>-<a href="#Page_229">229</a><br>
+<br>
+Vestal Virgins, <a href="#Page_45">45</a><br>
+<br>
+Virginia, <a href="#Page_229">229</a>-<a href="#Page_230">230</a><br>
+<br>
+<br>
+W<br>
+<br>
+Washington, <a href="#Page_230">230</a>-<a href="#Page_231">231</a><br>
+<br>
+West Virginia, <a href="#Page_231">231</a>-<a href="#Page_232">232</a><br>
+<br>
+Wisconsin, <a href="#Page_232">232</a>-<a href="#Page_233">233</a><br>
+<br>
+Women: see under <i>Divorce, Dowry, Marriage, Husband and Wife</i>,
+etc.<br>
+<br>
+Wyoming, <a href="#Page_234">234</a><br>
+<br>
+<p><a name="Page_311"></a>INDEX TO SUPPLEMENTARY CHAPTER</p>
+A<br>
+<br>
+Advance of equal suffrage, chronological tables, <a href="#Page_289">289</a>-<a
+ href="#Page_291">291</a><br>
+<br>
+Amendment, constitutional, for suffrage, <a href="#Page_291">291</a>;<br>
+<span style="margin-left: 1em;">rejected by Senate, <a href="#Page_292">292</a>-<a
+ href="#Page_293">293</a>;</span><br>
+<span style="margin-left: 1em;">and by House, <a href="#Page_294">294</a></span><br>
+<br>
+B<br>
+<br>
+Bryan, favours suffrage, <a href="#Page_294">294</a>-<a
+ href="#Page_295">295</a><br>
+<br>
+C<br>
+<br>
+Cat and Mouse Act, <a href="#Page_298">298</a><br>
+<br>
+D<br>
+<br>
+Divorce, proposals for reform defeated in England, <a href="#Page_299">299</a>-<a
+ href="#Page_300">300</a><br>
+<br>
+E<br>
+<br>
+Europe, general status of women's rights in, <a href="#Page_300">300</a><br>
+<br>
+F<br>
+<br>
+Falconer, Congressman, reply to Heflin, <a href="#Page_294">294</a><br>
+<br>
+Feminism, <a href="#Page_305">305</a>-<a href="#Page_306">306</a><br>
+<br>
+G<br>
+<br>
+Germany, position of women in, <a href="#Page_300">300</a>-<a
+ href="#Page_302">302</a><br>
+<br>
+H<br>
+<br>
+Heflin, Congressman, speech on suffrage, <a href="#Page_293">293</a><br>
+<br>
+J<br>
+<br>
+Journals, official, of various women's organisations, <a
+ href="#Page_307">307</a><br>
+<br>
+L<br>
+<br>
+Legislation, most recent examples of, for protection of women, <a
+ href="#Page_296">296</a>-<a href="#Page_297">297</a><br>
+<br>
+M<br>
+<br>
+Mann, Congressman, remarks on suffrage parade, <a href="#Page_292">292</a><br>
+<br>
+Militant suffragettes, <a href="#Page_298">298</a>-<a href="#Page_299">299</a><br>
+<br>
+R<br>
+<br>
+Roman Empire, assumption that its fall was due to liberty allowed
+women, <a href="#Page_306">306</a>-<a href="#Page_307">307</a><br>
+<br>
+Roosevelt, opinion on suffrage, <a href="#Page_291">291</a><br>
+<br>
+S<br>
+<br>
+Schopenhauer, remarks on nature of women, <a href="#Page_300">300</a>-<a
+ href="#Page_301">301</a><br>
+<br>
+Sphere, woman's sphere argument, <a href="#Page_302">302</a>-<a
+ href="#Page_303">303</a><br>
+<br>
+T<br>
+<br>
+Tendencies and results of women's rights movement, <a href="#Page_303">303</a>-<a
+ href="#Page_306">306</a><br>
+<br>
+W<br>
+<br>
+Wilson, President, position on suffrage, <a href="#Page_294">294</a><br>
+
+<div>*** END OF THE PROJECT GUTENBERG EBOOK 11672 ***</div>
+</body>
+</html>
+
+
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+Project Gutenberg (https://www.gutenberg.org) public repository for
+eBook #11672 (https://www.gutenberg.org/ebooks/11672)
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+Project Gutenberg's A Short History of Women's Rights, by Eugene A. Hecker
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: A Short History of Women's Rights
+       From the Days of Augustus to the Present Time. With Special Reference
+       to England and the United States. Second Edition Revised, With
+       Additions.
+       
+
+Author: Eugene A. Hecker
+
+Release Date: March 22, 2004 [EBook #11672]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK A SHORT HISTORY OF WOMEN'S RIGHTS ***
+
+
+
+
+Produced by Ted Garvin, Wilelmina Mallière and PG Distributed
+Proofreaders
+
+
+
+
+
+
+
+
+
+
+A Short History of Women's Rights
+
+From the Days of Augustus to the Present Time. With Special Reference to
+England and the United States
+
+By Eugene A. Hecker
+
+_SECOND EDITION REVISED, WITH ADDITIONS_
+
+
+
+
+To
+
+MY MOTHER
+
+
+
+
+PREFACE TO THE SECOND EDITION
+
+
+In this edition a chapter has been added, bringing down to date the
+record of the contest for equal suffrage. The summary on pages 175-235
+is now largely obsolete; but it has been retained as instructive
+evidence of the rapid progress made during the last four years.
+
+E.A.H.
+
+CAMBRIDGE, MASS. _August, 1914_.
+
+
+
+
+PREFACE
+
+
+While making some researches in the evolution of women's rights, I was
+impressed by the fact that no one had ever, as far as I could discover,
+attempted to give a succinct account of the matter for English-speaking
+nations. Indeed, I do not believe that any writer in any country has
+essayed such a task except Laboulaye; and his _Recherches sur la
+Condition Civile et Politique des Femmes_, published in 1843, leaves
+much to be desired to one who is interested in the subject to-day.
+
+I have, therefore, made an effort to fill a lack. This purpose has been
+strengthened as I have reflected on the great amount of confused
+information which is absorbed by those who have no time to make
+investigations for themselves. Accordingly, in order to present an
+accurate historical review, I have cited my authorities for all
+statements regarding which any question could be raised. This is
+particularly so in the chapters which deal with the condition of women
+under Roman Law, under the early Christian Church, and under Canon Law.
+In all these instances I have gone directly to primary sources, have
+investigated them myself, and have admitted no secondhand evidence. In
+connection with Women's rights in England and in the United States I
+have either consulted the statutes or studied the commentaries of
+jurists, like Messrs. Pollock and Maitland, whose authority cannot be
+doubted. To such I have given the exact references whenever they have
+been used. In preparing the chapter on the progress of women's lights in
+the United States I derived great assistance from the very exhaustive
+_History of Woman Suffrage_, edited by Miss Susan B. Anthony, Mrs. Ida
+H. Harper, and others to whose unselfish labours we are for ever
+indebted. From their volumes I have drawn freely; but I have not given
+each specific reference.
+
+The tabulation of the laws of the several States which I have given
+naturally cannot be entirely adequate, because the laws are being
+changed constantly. It is often difficult to procure the latest revised
+statutes. However, these laws are recent enough to illustrate the
+evolution of women's rights.
+
+Finally, this volume was written in no hope that all readers would agree
+with the author, who is zealous in his cause. His purpose will be gained
+if he induces the reader to reflect for himself on the problem in the
+light of its historical development.
+
+E.A.H.
+
+CAMBRIDGE, MASS., 1910.
+
+
+
+
+CONTENTS
+
+
+CHAPTER I
+
+WOMEN'S RIGHTS UNDER ROMAN LAW, 27 B.C.-527 A.D.
+
+Originally women were always under guardianship--But under the Empire
+the entire equality of the sexes was recognised--Women in
+marriage--Their power over their property--Divorce--Women engaged in all
+business pursuits--Instances of women suing and pleading in
+law--Partiality of the law towards women--Rights of inheritance--Rights
+to higher education fully allowed--Provision made for poor children to
+be educated--The Vestals--Female slaves--Remarkable growth of
+humanitarianism towards slaves under the Empire--Sources
+
+
+CHAPTER II
+
+WOMEN AND THE EARLY CHRISTIAN CHURCH
+
+Christ laid down ethical principles but not minute regulations--The
+Apostles affected by Jewish and Oriental or Greek conceptions of
+women--Examples of these--St. Paul and St. Peter on the position of
+women--The Church Fathers elaborated these teachings--Examples of their
+contempt for women--Mingled with admiration for particular types of
+women--Their views of marriage--Their strictures on unbecoming
+dress--Summary of their views and how the status of women was affected
+by them--Sources
+
+
+CHAPTER III
+
+RIGHTS OF WOMEN AS MODIFIED BY THE CHRISTIAN EMPERORS
+
+Old Roman Law not abrogated suddenly--Divorce--Adultery--Second
+marriages--Engagements--Donations between husband and wife--Sundry
+enactments on marriage--Inheritance--Guardianship--Bills of Attainder of
+Christian Emperors merciless, in contrast to acts of pagan
+predecessors--Sources
+
+
+CHAPTER IV
+
+WOMEN AMONG THE GERMANIC PEOPLES
+
+A second world force to modify the status of women--Accounts of Caesar
+and Tacitus on position of women among Germanic peoples--The written
+laws of the barbarians--Guardianship--Marriage--Power of the
+husband--Divorce--Adultery--The Church indulgent to
+kings--Remarriage--Property rights--Peculiarities of the criminal
+law--Minutely-graded fines--Compurgation and ordeals--Innocence tested
+by the woman walking over red-hot ploughshares--Women in
+slavery--Comparison of position of women under Roman and under Germanic
+laws--Influence of theology--Sources
+
+
+CHAPTER V
+
+DIGRESSION ON THE LATER HISTORY OF ROMAN LAW
+
+Explanation of the various social and political forces which affected
+the position of women in the Middle Ages
+
+
+CHAPTER VI
+
+THE CANON LAW AND THE ATTITUDE OF THE ROMAN CATHOLIC CHURCH
+
+Canon law reaffirms the subjection of women--Women and
+marriage--Protection to women--Divorce--Cardinal Gibbons on protection
+of injured wives by Popes--Catholic Church has no divorce--But it allows
+fourteen reasons for declaring marriage null and void and leaving a
+husband or wife free to remarry--Some of these explained--Diriment
+impediments and dispensations--Historical instances of the Roman
+Church's inconsistency--Attitude towards women at present day--Opinions
+of Cardinals Gibbon and Moran, and Rev. David Barry and Rev. William
+Humphrey--Sources
+
+
+CHAPTER VII
+
+WOMEN'S RIGHTS IN ENGLAND
+
+Single women have always had private rights--But males preferred in
+inheritance--Examples--Power of parents--Husband and wife--Wife
+completely controlled by husband--He could beat her and own all her
+property--Recent abrogation of the husband's power--Divorce--Jeremy
+Taylor and others on duty of women to bear husband's sins with
+meekness--Injustice of the present law of divorce--Rape and the age of
+legal consent--Progress of the rights to an education--Women in the
+professions--Woman suffrage--Sources
+
+
+CHAPTER VIII
+
+WOMEN'S RIGHTS IN THE UNITED STATES
+
+Examples of the early opposition to women's rights--Age of
+consent--Single women--History of agitation for women's
+rights--Convention of 1848--Progress after the Civil War--Beginnings of
+higher education--First women in medicine--And in law, the ministry,
+journalism, and industry--Status of women in all the States in
+1910--Sources
+
+
+CHAPTER IX
+
+GENERAL CONSIDERATIONS
+
+The five arguments commonly used against equal suffrage--The
+theological--The physiological--The social or political--The
+intellectual--The moral--Lecky on the nature of women--The old and the
+new conception--Thomas on the power of custom--Taboo--All evolution
+accompanied by some extravagance--Macaulay on liberty--The double
+standard of morality--Co-operation--The proper sphere for a human
+being--Discrepancies of wages--Legal evolution in the interpretation of
+labour laws--The alarmist view of divorce
+
+
+CHAPTER X
+
+FURTHER CONSIDERATIONS
+
+The rapid spread of suffrage throughout the world--Table of suffrage
+gains from early times to present date--In national politics in the
+United States--Attack on the suffrage parade and colloquy between Mr.
+Hobson and Mr. Mann on the subject--Suffrage amendment defeated in the
+Senate--Mr. Heflin's remarks in the House--Mr. Falconer
+replies--President Wilson refuses to take a stand--Amendment lost--Mr.
+Bryan on suffrage--Examples of legislation to protect women passed
+recently--The tendency is to complete equality of the sexes--Suffrage in
+England--A delayed reform in divorce--Women's rights on the
+Continent--Especially in Germany--Schopenhauer's views of women--Further
+remarks on the philosophy of suffrage--"Woman's sphere"--Ultimate
+results of women entering all businesses and professions--Feminism--The
+home is not necessarily every woman's sphere and neither is motherhood
+nor is it her congenital duty to make herself attractive to
+men--Unreasonableness of gratuitous advice to women and none to
+men--What we don't know--Fallacy of the argument that the fall of the
+Roman Empire was due to the liberty given to woman--Official organs of
+various suffrage societies
+
+
+INDEX
+
+
+
+
+A Short History of Women's Rights
+
+
+
+
+CHAPTER I
+
+WOMEN'S RIGHTS UNDER ROMAN LAW, FROM AUGUSTUS TO JUSTINIAN--27 B.C. TO
+527 A.D.
+
+
+[Sidenote: Guardianship.]
+
+The age of legal capability for the Roman woman was after the twelfth
+year, at which period she was permitted to make a will.[1] However, she
+was by no means allowed to do so entirely on her own account, but only
+under supervision.[2] This superintendence was vested in the father or,
+if he was dead, in a guardian[3]; if the woman was married, the power
+belonged to the husband. The consent of such supervision, whether of
+father, husband, or guardian, was essential, as Ulpian informs us,[4]
+under these circumstances: if the woman entered into any legal action,
+obligation, or civil contract; if she wished her freedwoman to cohabit
+with another's slave; if she desired to free a slave; if she sold any
+things _mancipi_, that is, such as estates on Italian soil, houses,
+rights of road or aqueduct, slaves, and beasts of burden. Throughout her
+life a woman was supposed to remain absolutely under the power[5] of
+father, husband, or guardian, and to do nothing without their consent.
+In ancient times, indeed, this authority was so great that the father
+and husband could, after calling a family council, put the woman to
+death without public trial.[6] The reason that women were so subjected
+to guardianship was "on account of their unsteadiness of character,"[7]
+"the weakness of the sex," and their "ignorance of legal matters."[8]
+Under certain circumstances, however, women became _sui iuris_ or
+entirely independent: I. By the birth of three children (a freedwoman by
+four)[9]; II. By becoming a Vestal Virgin, of whom there were but
+six[10]; III. By a formal emancipation, which took place rarely, and
+then often only with a view of transferring the power from one guardian
+to another.[11] Even when _sui iuris_ a woman could not acquire power
+over any one, not even over her own children[12]; for these an agnate--a
+male relative on the father's side--was appointed guardian, and the
+mother was obliged to render him and her children an account of any
+property which she had managed for them.[13] On the other hand, her
+children were bound to support her.[14]
+
+[Sidenote: Digression on the growth of respect for women]
+
+So much for the laws on the subject. They seem rigorous enough, and in
+early times were doubtless executed with strictness. A marked feature,
+however, of the Roman character, a peculiarity which at once strikes the
+student of their history as compared with that of the Greeks, was their
+great respect for the home and the _materfamilias_. The stories of
+Lucretia, Cloelia, Virginia, Cornelia, Arria, and the like, familiar to
+every Roman schoolboy, must have raised greatly the esteem in which
+women were held. As Rome became a world power, the Romans likewise grew
+in breadth of view, in equity, and in tolerance. The political
+influence wielded by women[15] was as great during the first three
+centuries after Christ as it has ever been at any period of the world's
+history; and the powers of a Livia, an Agrippina, a Plotina, did not
+fail to show pointedly what a woman could do. In the early days of the
+Republic women who touched wine were severely punished and male
+relatives were accustomed solemnly to kiss them, if haply they might
+discover the odour of drink on their breath.[16] Valerius Maximus tells
+us that Egnatius Mecenas, a Roman knight, beat his wife to death for
+drinking wine.[17] Cato the Censor (234-149 B.C.) dilated with joy on
+the fact that a woman could be condemned to death by her husband for
+adultery without a public trial, whereas men were allowed any number of
+infidelities without censure.[18] The senator Metellus (131 B.C.)
+lamented that Nature had made it necessary to have women.[19]
+
+The boorish cynicism of a Cato and a Metellus--though it never expressed
+the real feelings of the majority of Romans--gave way, however, under
+the Empire to a generous expression of the equality of the sexes in the
+realms of morality and of intellect. "I know what you may say," writes
+Seneca to Marcia,[20] "'You have forgotten that you are consoling a
+woman; you cite examples of fortitude on the part of men.' But who said
+that Nature had acted scurvily with the characters of women and had
+contracted their virtues into a narrow sphere? Equal force, believe me,
+is possessed by them; equal capability for what is honorable, if they
+so wish." The Emperor Marcus Aurelius gratefully recalls that from his
+mother he learned piety and generosity, and to refrain not only from
+doing ill, but even from thinking it, and simplicity of life, far
+removed from the ostentatious display of wealth.[21] The passionate
+attachment of men like Quintilian and Pliny to their wives exhibits an
+equality based on love that would do honour to the most Christian
+households.[22] All Roman historians speak with great admiration of the
+many heroic deeds performed by women and are fond of citing conspicuous
+examples of conjugal affection.[23] The masterly and sympathetic
+delineation of Dido in the _Aeneid_ shows how deeply a Roman could
+appreciate the character of a noble woman. In the numerous provisions
+for the public education at the state's expense girls were given the
+same opportunities and privileges as boys; there were five thousand boys
+and girls educated by Trajan alone.[24]
+
+[Sidenote: Decay of the power or the guardian.]
+
+Such are a few examples of the growth of respect for women; and we
+should naturally conclude that, as time progressed, the unjust laws of
+guardianship would no longer be executed to the letter, even though the
+hard statutes were not formally expunged. This was the case during the
+first three centuries after Christ, as is patent from many sources. It
+is to be borne in mind that because a law is on the books, does not mean
+necessarily that it is enforced. A law is no stronger than public
+opinion. Of this anomaly there are plenty of instances even to-day--the
+Blue Laws of Massachusetts, for example. "That women of mature age
+should be under guardianship," writes the great jurist Gaius[25] in the
+second century, "seems to have no valid reason as foundation. For what
+is commonly believed, to the effect that on account of unsteadiness of
+character they are generally hoodwinked, and that, therefore, it is
+right for them to be governed by the authority of a guardian, seems
+rather specious than true. As a matter of fact, women of mature age do
+manage their own affairs, and in certain cases the guardian interposes
+his authority as a mere formality; frequently, indeed, he is forced by
+the supreme judge to lend his authority against his will." Ulpian, too,
+hints at the really slight power of the guardian in his day, that is,
+the first three decades of the third century. "In the case of male and
+female wards under age, the guardians both manage their affairs and
+interpose their authority; but in the case of mature women they merely
+interpose their authority."[26] The woman had, in practice, become free
+to manage her property as she wished; the function of the legal guardian
+was simply to see to it that no one should attempt a fraud against her.
+Adequately to observe the decay of the vassalage of women, we must
+investigate the story of their rights in all its forms; and the position
+of women in marriage will next occupy our attention.
+
+[Sidenote: Women and marriage.]
+
+As in all Southern countries where women mature early, the Roman girl
+usually married young; twelve years were required by custom for her to
+reach the marriageable age.[27] In the earlier period a woman was
+acquired as wife in three different ways: I. By _coemptio_--a mock sale
+to her husband[28]; II. By _confarreatio_--a solemn marriage with
+peculiar sacred rites to qualify men and women and their children for
+certain priesthoods[29]; III. By _usus_, or acquisition by prescription.
+A woman became a man's legal wife by _usus_ if he had lived with her one
+full year and if, during that time, she had not been absent from him for
+more than three successive nights.[30]
+
+All these forms, however, had either been abolished by law or had fallen
+into desuetude during the second century of our era, as is evident from
+Gaius.[31] A man could marry even if not present personally; a woman
+could not.[32] The woman's parents or guardians were accustomed to
+arrange a match for her,[33] as they still do in many parts of Europe.
+Yet the power of the father to coerce his daughter was limited. Her
+consent was important. "A marriage cannot exist," remarks Paulus,
+"unless all parties consent."[34] Julianus writes also that the daughter
+must give her permission[35]; yet the statement of Ulpian which
+immediately follows in the Digest shows that she had not complete free
+will in the matter: "It is understood that she who does not oppose the
+wishes of her father gives consent. But a daughter is allowed to object
+only in case her father chooses for her a man of unworthy or disgraceful
+character."[36] The son had an advantage here, because he could never be
+forced into a marriage against his will.[37] The consent of the father
+was always necessary for a valid marriage.[38] He could not by will
+compel his daughter to marry a certain person.[39] After she was
+married, he still retained power over her, unless she became independent
+by the birth of three children; but this was largely to protect her and
+represent her in court against her husband if necessity should
+arise.[40] A father was not permitted to break up a harmonious[41]
+marriage; he could not get back his daughter's dowry without her
+consent,[42] nor force her to return to her husband after a divorce[43];
+and he was punished with loss of citizenship if he made a match for a
+widowed daughter before the legal time of mourning for her husband had
+expired.[44] A daughter passed completely out of the power of her father
+only if she became _sui iuris_ by the birth of three children or if she
+became a Vestal, or again if she married a special priest of Jupiter
+(_Flamen Dialis_), in which case, however, she passed completely into
+the power of her husband. Under all circumstances a daughter must not
+only show respect for her father, but also furnish him with the
+necessaries of life if he needed them.[45]
+
+[Sidenote: "Breach of Promise."]
+
+Under the Empire no such thing as a "breach of promise" suit was
+permitted, although in the days of the Republic the party who broke a
+promise to marry had been liable to a suit for damages.[46] But this had
+now disappeared, and either party could break off the betrothal at
+pleasure without prejudice.[47] Whatever gifts had been given might be
+demanded back.[48] The engagement had to be formally broken off before
+either party could enter into marriage or betrothal with another;
+otherwise he or she lost civil status.[49] While an engagement lasted,
+the man could bring an action for damages against any one who insulted
+or injured his fiancée.[50]
+
+[Sidenote: Husband and Wife.]
+
+The Roman marriage was a purely civil contract based on consent.[51] The
+definition given by the law was a noble one. "Marriage is the union of a
+man and a woman and a partnership of all life; a mutual sharing of laws
+human and divine."[52] The power of the husband over the wife was called
+_manus_; and the wife stood in the same position as a daughter.[53] No
+husband was allowed to have a concubine.[54] He was bound to support his
+wife adequately, look out for her interests,[55] and strictly to avenge
+any insult or injury offered her[56]; any abusive treatment of the wife
+by the husband was punished by an action for damages[57]. A wife was
+compelled by law to go into solemn mourning for a space of ten months
+upon the death of a husband[58]. During the period of mourning she was
+to abstain from social banquets, jewels, and crimson and white
+garments[59]. If she did not do so, she lost civil status. The emperor
+Gordian, in the year 238, remitted these laws so far as solemn clothing
+and other external signs of mourning above enumerated were
+concerned.[60] But a husband was not compelled to do any legal mourning
+for the death of his wife.[61]
+
+The wife was, as I have said, in the power of her husband. Originally,
+no doubt, this power was absolute; the husband could even put his wife
+to death without a public trial. But the world was progressing, and that
+during the first three centuries after Christ the power of the husband
+was reduced in practice to absolute nullity I shall make clear in the
+following pages. I shall, accordingly, first investigate the rights of
+the wife over her dowry, that is, the right of managing her own
+property.
+
+Even from earliest times it is clear that the wife had complete control
+of her dowry. The henpecked husband who is afraid of offending his
+wealthy wife is a not uncommon figure in the comedies of Plautus and
+Terence; and Cato the Censor growled in his usual amiable manner at the
+fact that wives even in his day controlled completely their own
+property.[62] The attitude of the Roman law on the subject is clearly
+expressed. "It is for the good of the state that women have their
+dowries inviolate."[63] "The dowry is always and everywhere a chief
+concern; for it is for the public good that dowries be retained for
+women, since it is highly necessary that they be dowered in order to
+bring forth offspring and replenish the state with children."[64] "It is
+just that the income of the dowry belong to the husband; for inasmuch as
+it is he who stands the burdens of the married state, it is fair that he
+also acquire the interest."[65] "Nevertheless, the dowry belongs to the
+woman, even though it is in the goods of the husband."[66] "A husband is
+not permitted to alienate his wife's estate against her will."[67] A
+wife could use her dowry during marriage to support herself, if
+necessary, or her kindred, to buy a suitable estate, to help an exiled
+parent, or to assist a needy husband, brother, or sister. The numerous
+accounts in various authors of the first three centuries after Christ
+confirm the statement that the woman's power over her dowry was
+absolute.[68] Then as now, a man might put his property in his wife's
+name to escape his creditors,[69]--a useless proceeding, if she had not
+had complete control of her own property.
+
+When the woman died, her dowry, if it had been given by the father (_dos
+profecticia_) returned to the latter; but if any one else had given it
+(_dos adventicia_), the dowry remained with the husband, unless the
+donor had expressly stipulated that it was to be returned to himself at
+the woman's death (_dos recepticia_),[70] In the case of a dowry of the
+first kind, the husband might retain what he had expended for his
+wife's funeral.[71] The dowry was confiscated to the state if the woman
+was convicted of lèse majesté, violence against the state, or
+murder.[72] If she suffered punishment involving loss of civil status
+under any other law which did not assess the penalty of confiscation,
+the husband acquired the dowry just as if she were dead. Banishment
+operated as no impediment; if the woman wished to leave her husband
+under these circumstances, her father could recover the dowry.[73]
+
+A further confirmation of the power of the wife over her property is the
+law that prohibited gifts between husband and wife; obviously, a woman
+could not be said to have the power of making a gift if she had no right
+of property of her own. The object of the law mentioned was to prevent
+the husband and wife from receiving any lasting damage to his or her
+property by giving of it under the impulse of conjugal affection.[74]
+This statute acted powerfully to prevent a husband from wheedling a wife
+out of her goods; and in case the latter happened to be of a grasping
+disposition the law was a protection to the husband and hence to the
+children, his heirs, for whose interests the Roman law constantly
+provided.
+
+Gifts between husband and wife were nevertheless valid under certain
+conditions. It was permissible to make a present of clothing and to
+bestow various tokens of affection, such as ornaments. The husband could
+present his wife with enough money to rebuild a house of hers which had
+burned.[75] The Emperor Marcus Aurelius permitted a wife to give her
+husband the sum necessary to obtain public office or to become a senator
+or knight or to give public games.[76] A gift was also legal if made by
+the husband in apprehension that death might soon overtake him; if, for
+instance, he was very sick or was setting out to war, or to exile, or on
+a dangerous journey.[77] The point in all gifts was, that neither party
+should become richer by the donation.[78]
+
+Some further considerations of the relation of husband and wife will aid
+in setting forth the high opinion which Roman law entertained of
+marriage and its constant effort to protect the wife as much as
+possible. A wife could not be held in a criminal action if she committed
+theft against her husband. The various statements of the jurists make
+the matter clear. Thus Paulus[79]: "A special action for the recovery of
+property removed [_rerum amotarum iudicium_] has been introduced
+against her who was a wife, because it has been decided that it is not
+possible to bring a criminal action for theft against her [_quid non
+placuit cum ea furti agere posse_]. Some--as Nerva Cassius--think she
+cannot even commit theft, on the ground that the partnership in life
+made her mistress, as it were. Others--like Sabinus and Proculus--hold
+that the wife can commit theft, just as a daughter may against her
+father, but that there can be no criminal action by established law."
+"As a mark of respect to the married state, an action involving disgrace
+for the wife is refused."[80] "Therefore she will be held for theft if
+she touches the same things after being divorced. So, too, if her slave
+commits theft, we can sue her on the charge. But it is possible to bring
+an action for theft even against a wife, if she has stolen from him
+whose heirs we are or before she married us; nevertheless, as a mark of
+respect we say that in each case a formal claim for restitution alone is
+admissible, but not an action for theft."[81] "If any one lends help or
+advice to a wife who is filching the property of her husband, he shall
+be held for theft. If he commits theft with her, he shall be held for
+theft, although the woman herself is not held."[82]
+
+A husband who did not avenge the murder of his wife lost all claims to
+her dowry, which was then confiscated to the state; this by order of the
+Emperor Severus.[83]
+
+The laws on adultery are rather more lenient to the woman than to the
+man. In the first place, the Roman law insisted that it was unfair for a
+husband to demand chastity on the part of his wife if he himself was
+guilty of infidelity or did not set her an example of good
+conduct,[84]--a maxim which present day lawyers may reflect upon with
+profit. A father was permitted to put to death his daughter and her
+paramour if she was still in his power and if he caught her in the act
+at his own house or that of his son-in-law; otherwise he could not.[85]
+He must, however, put both man and woman to death at once, when caught
+in the act; to reserve punishment to a later date was unlawful. The
+husband was not permitted to kill his wife; he might kill her paramour
+if the latter was a man of low estate, such as an actor, slave, or
+freedman, or had been convicted on some criminal charge involving loss
+of citizenship.[86] The reason that the father was given the power which
+was denied the husband was that the latter's resentment would be more
+likely to blind his power of judging dispassionately the merits of the
+case.[87] If now the husband forgot himself and slew his wife, he was
+banished for life if of noble birth, and condemned to perpetual hard
+labour if of more humble rank.[88] He must at once divorce a wife guilty
+of adultery; otherwise he was punished as a pander, and that meant loss
+of citizenship.[89] Women convicted of adultery were, when not put to
+death, punished by the loss of half their dowry, a third part of their
+other goods, and relegation to an island; guilty men suffered the loss
+of half of their possessions and similar relegation to an island; but
+the guilty parties were never confined in the same place.[90] We have
+mention also in several writers of some curious and vicious punishments
+that might be inflicted on men guilty of adultery.[91]
+
+Now, all this seems rigorous enough; but, as I have already remarked, we
+must beware of imagining that a statute is enforced simply because it
+stands in the code. As a matter of fact, public sentiment had grown so
+humane in the first three centuries after Christ that it did not for a
+moment tolerate that a father should kill his daughter, no matter how
+guilty she was; and in all our records of that period no instance
+occurs. As to husbands, we have repeated complaints in the literature of
+the day that they had grown so complaisant towards erring wives that
+they could not be induced to prosecute them.[92] A typical instance is
+related by Pliny.[93] Pliny was summoned by the Emperor Trajan to attend
+a council where, among other cases, that of a certain Gallitta was
+discussed. She had married a military tribune and had committed adultery
+with a common captain (_centurio_). Trajan sent the captain into exile.
+The husband took no measures against his wife, but went on living with
+her. Only by coercion was he finally induced to prosecute. Pliny informs
+us that the guilty woman had to be condemned, even against the will of
+her accuser.
+
+A woman guilty of incest received no punishment, but the guilty man was
+deported to an island.[94] If the incest involved adultery, the woman
+was of course held on that charge.
+
+[Sidenote: Divorce]
+
+We come now to a matter where the growing freedom of women reached its
+highest point--the matter of divorce. Here again we have to note the
+progress of toleration and humanitarianism. In the early days of the
+Republic the family tie was rarely severed. Valerius Maximus tells
+us[95] of a quaint custom of the olden days, to the effect that
+"whenever any quarrel arose between husband and wife, they would proceed
+to the chapel of the goddess Viriplaca ["Reconciler of Husbands"], which
+is on the Palatine, and there they would mutually express their
+feelings; then, laying aside their anger, they returned home
+reconciled." During these days a woman could never herself take the
+initiative in divorce; the husband was all-powerful. The first divorce
+of which we have any record took place in the year 231 B.C., when
+Spurius Carvilius Ruga put away his wife for sterility. Public opinion
+censured him severely for it "because people thought that not even the
+desire for children ought to have been preferred to conjugal fidelity
+and affection."[96] As the Empire extended and Rome became more worldly
+and corrupt, the reasons for divorce became more trivial. Sempronius
+Sophus divorced his wife because she had attended some public games
+without his knowledge.[97] Cicero, who was a lofty moralist--on
+paper,--put away his wife Terentia in order to marry a rich young ward
+and get her money if he could. Maecenas, the great prime-minister of
+Augustus, sent away and took back his wife repeatedly at
+caprice--perhaps he believed that variety is the spice of life. But
+during all this time the husband alone could annul marriage.[98]
+
+Gradually, however, the status of women changed and they were given
+greater and greater liberty. Inasmuch as Roman marriage was a civil
+contract based on consent, strict justice had to allow that on this
+basis either party to the contract might annul the marriage at his or
+her pleasure. The result was that during the first three centuries after
+Christ the wife had absolute freedom to take the initiative and send her
+husband a divorce whenever and for whatever reason she wished. The
+proof of this fact is positively established not only from the
+statements of the jurists, but also from numberless accounts in the
+other writers of the day.[99] Divorce became, at least among the higher
+strata of society, extraordinarily frequent. That a lady of the Upper
+Four Hundred should have been content with only one husband was deemed
+worthy of special mention on her tomb; the word _univira_ (a woman of
+one husband) may still be read on certain inscriptions. The satirists
+are fond of dwelling on the license allowed to women in the case of
+divorce. Martial, for instance,[100] says that one Theselina married ten
+husbands in one month. Still, allowing for the natural exaggeration of
+satirists, we are yet reasonably sure that divorce had reached great
+heights in the upper classes. Whether it was as bad among the middle
+classes is very improbable. There was one kind of marriage which,
+originally at least, did not admit of dissolution.[101] This was the
+solemn marriage by _confarreatio_, already described, which qualified
+the husband and wife for the special priesthood of Jupiter. Women soon
+grew to value their freedom too highly to enter it; as early as 23 A.D.
+the Senate had to relax some of the rigour of the old laws on the matter
+as a special inducement for women to consent to enter this union.[102]
+
+We may now observe what became of the wife's property after divorce and
+what her rights were under such circumstances. If it was the husband who
+had taken the initiative and had sent his wife a divorce, and if the
+divorce was not the fault of the woman, she at once had an action in law
+for complete recovery of her dowry; on her own responsibility if she was
+_sui iuris_, otherwise with the help of her father.[103] But even the
+woman still under guardianship could act by herself if her father was
+too sick or infirm or if she had no other agent to act for her.[104] For
+the offence of adultery a husband had to pay back the dowry at once; for
+lesser guilt he might return it in instalments at intervals of six
+months.[105] If, now, the divorce was clearly the fault of the woman,
+her husband could retain certain parts of the dowry in these
+proportions: for adultery, a sixth part for each of the children up to
+one half of the whole; for lighter offences, an eighth part; if the
+husband had gone to expense or had incurred civil obligations for his
+wife's benefit or if she had removed any of his property, he could
+recover the amount.[106]
+
+A year and six months must elapse after a divorce before the woman was
+allowed to marry again.[107] If at the time of the divorce she was
+pregnant, her husband was obliged to support her offspring, provided
+that within thirty days after the separation she informed him of her
+condition.[108] She could sue her former husband for damages if he
+insulted her.[109] Whether the children should stay with the mother or
+father was left to the discretion of the judge.[110]
+
+[Sidenote: Property rights of widows and single women.]
+
+The married woman had, as I have shown, complete disposal of her own
+property. Let us see next what rights those women had over their
+possessions who were widows or spinsters.
+
+Roman Law constantly strove to protect the children and laid it down as
+a maxim that the property of their parents belonged to them.[111] A
+widow could not therefore, except by special permission from the
+emperor,[112] be the legal guardian of her children, but must ask the
+court to appoint one upon the death of her husband.[113] This was to
+prevent possible mismanagement and because "to undertake the legal
+defence of others is the office of men."[114] But she was permitted to
+assume complete charge of her children's property during their minority
+and enjoy the usufruct; only she must render an account of the goods
+when the children arrived at maturity.[115] We have many instances of
+women who managed their children's patrimony and did it exceedingly
+well. "You managed our patrimony in such wise," writes Seneca to his
+mother,[116] "that you exerted yourself as if it were yours and yet
+abstained from it as if it belonged to others."[117] Agricola,
+father-in-law of Tacitus, had such confidence in his wife's business
+ability that he made her co-heir with his daughter and the Emperor
+Domitian.[118] A mother could get an injunction to restrain extravagance
+on the part of her children.[119] Women could not adopt.[120]
+
+Married women, spinsters, and widows had as much freedom as men in
+disposing of property by will. If there were children, the Roman law put
+certain limitations on the testator's powers, whether man or woman. By
+the Falcidian Law no one was allowed to divert more than three fourths
+of his estate from his (or her) natural heirs.[121] But for any adequate
+cause a woman could disinherit her children completely; and there are
+many instances of this extant both in the Law Books and in the
+literature of the day.[122]
+
+Single women had grown absolutely unshackled and even their guardians
+had become a mere formality, as the words of Gaius, already quoted (page
+8) prove. That they had complete disposal of their property is proved
+furthermore by the numerous complaints in Roman authors about the
+sycophants who flattered and toadied the wealthy ladies with an eye to
+being remembered in their wills.[123] For it is evident that if these
+women had not had the power freely to dispose of their own property,
+there would have been no point in paying them such assiduous court. The
+legal age of maturity was now twenty-five for both male and female.
+
+[Sidenote: Women engaged in business pursuits.]
+
+Women engaged freely in all business pursuits. We find them in all kinds
+of retail trade and commerce,[124] as members of guilds,[125] in
+medicin[126] innkeeping,[127] in vaudevil[128]; there were even
+female barbers[129] and charioteer[130]. Examples of women who toiled
+for a living with their own hands are indeed very old, as the widow,
+described by Homer, who worked for a scanty wage to support her
+fatherless children, or the wreathmaker, mentioned by Aristophanes.[131]
+But such was the case only with women of the lower classes; the lady of
+high birth acted through her agents.[132]
+
+[Sidenote: The right of women to sue.]
+
+When so many women were engaged in business, occasions for lawsuits
+would naturally arise; we shall see next what power the woman had to
+sue. It was a standing maxim of the law that a woman by herself could
+not conduct a case in court.[133] She had to act through her agent, if
+she was independent, otherwise through her guardian. The supreme judge
+at Rome and the governor in a province assigned an attorney to those who
+had no agent or guardian.[134] But in this case again custom and the law
+were at variance. Various considerations will make it clear that women
+who sued had, in practice, complete disposal of the matter. I.--A woman
+who was still under the power of her father must, according to law, sue
+with him as her agent or appoint an agent to act with him. Nevertheless,
+a father could do nothing without the consent of his daughter.[135]
+Obviously, then, so far as the power of the father was concerned, a
+woman had practically the management of her suit. II.--The husband had
+no power. If he tried to browbeat her as to what to do, she could send
+him a divorce, a privilege which she had at her beck and call, as we
+have seen; and then she could force him to give her any guardian she
+wanted.[136] III.--That the authority of other guardians was in practice
+a mere formality, I have already proved (pp. 7 and 8).
+
+From these considerations it is clear that the woman's wishes were
+supreme in the conduct of any suit. Moreover, the law expressly states
+that women may appoint whatever attorneys or agents they desire, without
+asking the consent of their legal guardians[137]; and thus they were at
+liberty to select a man who would manage things as they might direct.
+There were cases where even the strict letter of the law permitted women
+to lay an action on their own responsibility alone: if, when a suit for
+recovery of dowry was brought, the father was absent or hindered by
+infirmities[138]; if the woman sued or was sued to get or render an
+account of property managed in trust[139]; to avenge the death of a
+parent or children, or of patron or patroness and their children[140];
+to lay bare any matter pertaining to the public grain supply[141]; and
+to disclose cases of treason.[142]
+
+[Sidenote: Instances of women pleading in public and suing.]
+
+We read of many cases of women pleading publicly and bringing suit.
+Indeed, according to Juvenal--who is, however, a pessimist by
+profession--the ladies found legal proceedings so interesting that
+bringing suit became a passion with them as strong as it had once been
+among the Athenians. Thus Juvenal[143]: "There is almost no case in
+which a woman wouldn't bring suit. Manilia prosecutes, when she isn't a
+defendant. They draw up briefs quite by themselves, and are ready to
+cite principles and authorities to Celsus [a celebrated lawyer of that
+time]." Of pleading in public one of the celebrated instances was that
+of Hortensia, daughter of the great orator Quintus Hortensius, Cicero's
+rival. On an occasion when matrons had been burdened with heavy taxes
+and none of their husbands would fight the measure, Hortensia pleaded
+the case publicly with great success. All writers speak of her action
+and the eloquence of her speech with great admiration.[144] We hear also
+of a certain Gaia Afrania, wife of a Senator; she always conducted her
+case herself before the supreme judge, "not because there was any lack
+of lawyers," adds her respectable and scandalised historian,[145] "but
+because she had more than enough of impudence."
+
+Quintilian mentions several cases of women being sued[146]; Pliny tells
+how he acted as attorney for some[147]; and the Law Books will supply
+any one curious in the matter with abundant examples.[148] A quotation
+from Pliny[149] will give an idea of the kind of suit a woman might
+bring, and the great interest aroused thereby: "Attia Viriola, a woman
+of illustrious birth and married to a former supreme judge, was
+disinherited by her eighty-year-old father within eleven days after he
+had brought Attia a stepmother. Attia was trying to regain her share of
+her father's estate. One hundred and eighty jurors sat in judgment. The
+tribunal was crowded, and from the higher part of the court both men and
+women strained over the railings in their eagerness to hear (which was
+difficult), and to see (which was easy)."
+
+[Sidenote: Partiality of the law to women.]
+
+There were many legal qualifications designed to help women evade the
+strict letter of the law when this, if enforced absolutely, would work
+injustice. Ignorance of the law, if there was no criminal offence
+involving good morals, was particularly accepted in the case of women
+"on account of the weakness of the sex."[150] A typical instance of the
+growth of the desire to help women, protect them as much as possible,
+and stretch the laws in their favour, may be taken from the senatorial
+decree known as the Senatus Consultum Velleianum.[151] This was an order
+forbidding females to become sureties or defendants for any one in a
+contract. But at the end of the first century of our era the Senate
+voted that the law be emended to help women and to give them special
+privileges in every class of contract. "We must praise the
+farsightedness of that illustrious order," comments the great jurist
+Ulpian,[152] "because it brought aid to women on account of the weakness
+of the sex, exposed, as it is, to many mishaps of this sort."
+
+[Sidenote: Rights of women to inherit.]
+
+The rights of women to inherit under Roman law deserve some mention.
+Here again we may note a steady growth of justice. Some general examples
+will make this clearer, before I treat of the specific powers of
+inheritance. I.--In the year 169 B.C. the Tribune Quintus Voconius Saxa
+had a law passed which restricted greatly the rights of women to
+inherit.[153] According to Dio[154] no woman was, by this statute,
+permitted to receive more than 25,000 sesterces--1250 dollars. In the
+second century after Christ, this law had fallen into complete
+desuetude.[155] II.--By the Falcidian Law, passed in the latter part of
+the first century B.C., no citizen was allowed to divert more than three
+fourths of his estate from his natural heirs.[156] The Romans felt
+strongly against any man who disinherited his children without very good
+reason; the will of such a parent was called _inofficiosum_, "made
+without a proper feeling of duty," and the disinherited children had an
+action at law to recover their proper share.[157] A daughter was
+considered a natural heir no less than a son and had equal privileges in
+succession[158]; and so women were bound to receive some inheritance at
+least. III.--It is a sad commentary on Christian rulers that for many
+ages they allowed the crimes of the father to be visited upon his
+children and by their bills of attainder confiscated to the state the
+goods of condemned offenders. Now, the Roman law stated positively that
+"the crime or punishment of a father can inflict no stigma on his
+child."[159] So far as the goods of the father were concerned, the
+property of three kinds of criminals escheated to the crown: (1) those
+who committed suicide while under indictment for some crime,[160] (2)
+forgers,[161] (3) those guilty of high treason[162]. Yet it seems
+reasonable to doubt whether these laws were very often carried out
+strictly to the letter. For example, the law did indeed hold that the
+estate of a party guilty of treason was confiscated to the state[163];
+but even here it was expressly ordained that the goods of the condemned
+man's freedmen be reserved for his children.[164] Moreover, in actual
+practice we can find few instances where the law was executed in its
+literal severity even under the worst tyrants. It was Julius Caesar who
+first set the splendid example of allowing to the children of his dead
+foes full enjoyment of their patrimonies.[165] Succeeding emperors
+followed the precedent.[166] Tyrants like Tiberius and Nero, strangely
+enough, in a majority of cases overruled the Senate when it proposed to
+confiscate the goods of those condemned for treason, and allowed the
+children a large part or all of the paternal estate.[167] Hadrian gave
+the children of proscribed offenders the twelfth part of their father's
+goods.[168] Antoninus Pius gave them all.[169] There was a strong public
+feeling against bills of attainder and this sentiment is voiced by all
+writers of the Empire. The law forbade wives to suffer any loss for any
+fault of their husbands.[170]
+
+Since we have now noticed that women could inherit any amount, that they
+were bound to receive something under their fathers' wills, and that the
+guilt of their kin could inflict no prejudice upon them in the way of
+bills of attainder involving physical injury or civil status and, in
+practice, little loss so far as inheriting property was concerned, we
+may pass to a contemplation of the specific legal rights of inheritance
+of women.
+
+If women were to be disinherited, it was sufficient to mention them in
+an aggregate; but males must be mentioned specifically.[171] If,
+however, they were disinherited in an aggregate (_inter ceteros_), some
+legacy had to be left them that they might not seem to have been passed
+over through forgetfulness.[172] I shall not concern myself particularly
+with testate succession, because here obviously the will of the testator
+could dispose as he wished, except in so far as he was limited by the
+Falcidian Law. The matter of intestate succession may well claim our
+attention; for therein we shall see what powers of inheritance were
+given the female sex. The general principles are explained by Gaius
+(iii, 1-38); and these principles followed, in the main, the law as laid
+down in the Twelve Tables (451 B.C.). According to these, the estates of
+those who died intestate belonged first of all to the children who were
+in the power of the deceased at the time of his death; there was no
+distinction of sex; the daughters were entitled to precisely the same
+amount as the sons.[173] If the children of the testator had died, the
+grandson or granddaughter _through the son_ succeeded; or the
+great-grandson or great-granddaughter through the _grandson_. If a son
+a daughter were alive, as well as grandsons and granddaughters through
+the _son_, they were all equally called to the estate. The estate was
+not divided per capita, but among families as a whole; for example, if
+of two sons one only was alive, but the other had left children, the
+testator's surviving son received one half of the patrimony and his
+grandchildren through his other son the other half, to be divided among
+them severally. If, then, there were six grandchildren, each received
+one twelfth of the estate.
+
+Here the powers of women to inherit stopped. Beyond the tie of
+_consanguinitas_, that is, that of daughter to father, or granddaughter
+through a _son_, the female line must at once turn aside, and had no
+powers; the estate descended to the _agnati_, that is, male relatives on
+the father's side. Hence a mother was shut out by a brother of the
+deceased or by that brother's children. If there were no _agnati_, the
+goods were given to the _gentiles_, male relatives of the clan bearing
+the same name. In fact, under this régime we may say that of the female
+line the daughter alone was sure of inheriting something.
+
+In the days of the Empire some attempts were made to be more just. It
+was enacted[174] that all the children should be called to the estate,
+whether they had been under the power of the testator at the time of his
+death or not; and female relatives were now allowed to come in for
+their share "in the third degree," that is, if there was neither a child
+or an agnate surviving. This was not much of an improvement; and the
+principle of agnate succession is the only point in which Roman law
+failed to give to women those equal rights which it allowed them in
+other cases.
+
+[Sidenote: Protection of property of children.]
+
+There is no point on which Roman law laid more stress than that the
+children, both male and female, were to be constantly protected and must
+receive their legal share of their father's or mother's goods. After a
+husband's divorce or death his wife could, indeed, enjoy possession of
+the property and the usufruct; but the principal had to be conserved
+intact for the children until they arrived at maturity. In the same way
+a father was obliged to keep untouched for the children whatever had
+been left them by the mother on her decease[175]; and he must also leave
+them that part, at least, of his own property prescribed by the
+Falcidian Law. A case--and it was common enough in real life--such as
+that described by Dickens in _David Copperfield_, where, by the English
+law, a second husband acquired absolute right over his wife's property
+and shut out her son, would have been impossible under Roman law.
+Neither husband nor wife could succeed to one another's intestate estate
+absolutely unless there were no children, parents, or other relatives
+living.[176]
+
+[Sidenote: Punishment of crimes against women.]
+
+Rape of a woman was punished by death; accessories to the crime merited
+the same penalty.[177] Indecent exposure before a virgin met with
+punishment out of course.[178] Kidnapping was penalised by hard labour
+in the mines or by crucifixion in the case of those of humble birth, and
+by confiscation of half the goods and by perpetual exile in the case of
+a noble.[179] Temporary exile was visited upon those guilty of abortion
+themselves[180]; if it was caused through the agency of another, the
+agent, even though he or she did so without evil intent, was punished by
+hard labour in the mines, if of humble birth, and by relegation to an
+island and confiscation of part of their goods, if of noble rank.[181]
+If the victim died, the person who caused the abortion was put to
+death.[182]
+
+[Sidenote: Rights of women to an education.]
+
+The rights of women to an education were not questioned. That Sulpicia
+could publish amatory poems in honour of her husband and receive
+eulogies from writers like Martial[183] shows that she and ladies like
+her occupied somewhat the same position as Olympia Morata and Tarquinia
+Molza later in Italy during the Renaissance, or like some of the
+celebrated Frenchwomen, such as Madame de Staël. Seneca addresses a
+_Dialogue on Consolation_ to one Marcia; such an idea would have made
+the hair of any Athenian gentleman in the time of Socrates stand on end.
+Aspasia was obliged to be a courtesan in order to become educated and to
+frequent cultivated society[184]; Sulpicia was a noble matron in good
+standing. The world had not stood still since Socrates had requested
+some one to take Xanthippe home, lest he be burdened by her sympathy in
+his last moments. Pains were taken that the Roman girl of wealth should
+have special tutors.[185] "Pompeius Saturninus recently read me some
+letters," writes Pliny[186] to one of his correspondents, "which he
+insisted had been written by his wife. I believed that Plautus or
+Terence was being read in prose. Whether they are really his wife's, as
+he maintains; or his own, which he denies; he deserves equal honour,
+either because he composes them, or because he has made his wife, whom
+he married when a mere girl, so learned and polished." The enthusiasm of
+the ladies for literature is attested by Persius.[187]
+
+According to Juvenal, who, as an orthodox satirist, was not fond of the
+weaker sex, women sometimes became over-educated. He growls as
+follows[188]: "That woman is a worse nuisance than usual who, as soon as
+she goes to bed, praises Vergil; makes excuses for doomed Dido; pits
+bards against one another and compares them; and weighs Homer and Maro
+in the balance. Teachers of literature give way, professors are
+vanquished, the whole mob is hushed, and no lawyer or auctioneer will
+speak, nor any other woman." The prospect of a learned wife filled the
+orthodox Roman with peculiar horror.[189] No Roman woman ever became a
+public professor as did Hypatia or, ages later, Bitisia Gozzadina, who,
+in the thirteenth century, became doctor of canon and civil law at the
+University of Bologna.
+
+I have been speaking of women of the wealthier classes; but the poor
+were not neglected. As far back as the time of the Twelve Tables--450
+B.C.--parents of moderate means were accustomed to club together and
+hire a schoolroom and a teacher who would instruct the children, girls
+no less than boys, in at least the proverbial three R's. Virginia was on
+her way to such a school when she encountered the passionate gaze of
+Appius Claudius. Such grammar schools, which boys and girls attended
+together, flourished under the Empire as they had under the
+Republic.[190] They were not connected with the state, being supported
+by the contributions of individual parents. To the end we cannot say
+that there was a definite scheme of public education for girls at the
+state's expense as there was for boys.[191] Still, the emperors did
+something. Trajan, Hadrian, Antoninus Pius, Marcus Aurelius, and
+Alexander Severus, for example, regularly supplied girls and boys with
+education at public expense[192]; under Trajan there were 5000 children
+so honoured. Public-spirited citizens were also accustomed to contribute
+liberally to the same cause; Pliny on one occasion[193] gave the
+equivalent of $25,000 for the support and instruction of indigent boys
+and girls.
+
+[Sidenote: The Vestals.]
+
+It may not be out of place to speak briefly of the Vestal Virgins, the
+six priestesses of Vesta, who are the only instances in pagan antiquity
+of anything like the nuns of the Christians. The Vestals took a vow of
+perpetual chastity.[194] They passed completely out of the power of
+their parents and became entirely independent. They could not receive
+the inheritance of any person who died intestate, and no one could
+become heir to a Vestal who died intestate. They were allowed to be
+witnesses in court in public trials, a privilege denied other women.
+Peculiar honour was accorded them and they were regularly appointed the
+custodians of the wills of the emperors.[195]
+
+[Sidenote: Female slaves.]
+
+The position of women in slavery merits some attention, in view of the
+huge multitudes that were held in bondage. Roman law acknowledged no
+legal rights on the part of slaves[196]. The master had absolute power
+of life and death.[197] They were exposed to every whim of master or
+mistress without redress.[198] If some one other than their owner harmed
+them they might obtain satisfaction through their master and for his
+benefit; but the penalty for the aggressor was only pecuniary.[199] A
+slave's evidence was never admitted except under torture.[200] If a
+master was killed, every slave of his household and even his freedmen
+and freedwomen were put to torture, although the culprit may already
+have been discovered, in order to ascertain the instigator of the plot
+and his remotest accessories.[201]
+
+The earlier history of Rome leaves no doubt that before the Republic
+fell these laws were carried out with inhuman severity. With the
+growth of Rome into a world power and the consequent rise of
+humanitarianism[202] a strong public feeling against gratuitous cruelty
+towards slaves sprang up. This may be illustrated by an event which
+happened in the reign of Nero, in the year 58, when a riot ensued out of
+sympathy for some slaves who had been condemned _en masse_ after their
+master had been assassinated by one of them.[203] Measures were
+gradually introduced for alleviating the hardships and cruelties of
+slavery. Claudius (41-54 A.D.) ordained[204] that since sick and infirm
+slaves were being exposed on an island in the Tiber sacred to
+Aesculapius, because their masters did not wish to bother about
+attending them, all those who were so exposed were to be set free if
+they recovered and never to be returned into the power of their masters;
+and if any owner preferred to put a slave to death rather than expose
+him, he was to be held for murder. Gentlemen began to speak with
+contempt of a master or mistress who maltreated slaves.[205] Hadrian
+(117-138 A.D.) modified the old laws to a remarkable degree: he forbade
+slaves to be put to death by their masters and commanded them to be
+tried by regularly appointed judges; he brought it about that a slave,
+whether male or female, was not to be sold to a slave-dealer or trainer
+for public shows without due cause; he did away with _ergastula_ or
+workhouses, in which slaves guilty of offences were forced to work off
+their penalties in chains and were confined to filthy dungeons; and he
+modified the law previously existing to the extent that if a master was
+killed in his own house, the inquisition by torture could not be
+extended to the whole household, but to those only who, by proximity to
+the deed, could have noticed it.[206] Gaius observes[207] that for
+slaves to be in complete subjection to masters who have power of life
+and death is an institution common to all nations, "But at this time,"
+he continues, "it is permitted neither to Roman citizens nor any other
+men who are under the sway of the Roman people to vent their wrath
+against slaves beyond measure and without reason. In fact, by a decree
+of the sainted Antoninus (138-161 A.D.) a master who without cause kills
+his slave is ordered to be held no less than he who kills another's
+slave.[208] An excessive severity on the part of masters is also checked
+by a constitution of the same prince. On being consulted by certain
+governors about those slaves who rush for refuge to the shrines of the
+gods or the statues of emperors, he ordered that if the cruelty of
+masters seemed intolerable they should be compelled to sell their
+slaves." Severus ordained that the city prefect should prevent slaves
+from being prostituted[209]. Aurelian gave his slaves who had
+transgressed to be heard according to the laws by public judges[210].
+Tacitus procured a decree that slaves were not to be put to
+inquisitorial torture in a case affecting a master's life, not even if
+the charge was high treason[211]. So much for the laws that mitigated
+slavery under the Empire. They were not ideal; but they would in more
+respects than one compare favourably with the similar legislation that
+was in force, prior to the Civil War, in the American Slave States.
+
+
+SOURCES
+
+I. Iurisprudentiae Anteiustinianae quae Supersunt. ed. Ph. Eduardus
+Huschke. Lipsiae (Teubner), 1886 (fifth edition).
+
+II. Codex Iustinianus. Recensuit Paulus Krueger. Berolini apud
+Weidmannos, 1877.
+
+Corpus Iuris Civilis: Institutiones recognovit Paulus Krueger; Digesta
+recognovit Theodorus Mommsen. Berolini apud Weidmannos, 1882.
+
+Novellae: Corpus Iuris Civilis. Volumen Tertium recognovit Rudolfus
+Schoell; Opus Schoellii morte interceptum absolvit G. Kroll. Berolini
+apud Weidmannos, 1895.
+
+III. The Fragments of the Perpetual Edict of Salvius Julianus. Edited by
+Bryan Walken Cambridge University Press. 1877.
+
+IV. Pomponii de Origine Iuris Fragmentum: recognovit Fridericus
+Osannus. Gissae, apud Io. Rickerum, 1848.
+
+V. Corpus Inscriptionum Latinarum, Consilio et Auctoritate Academiae
+Litterarum Regiae Borussicae editum. Berolini apud Georgium Reimerum
+(begun in 1863).
+
+VI. Valerii Maximi Factorum et Dictorum Memorabilium Libri Novem: cum
+Iulii Paridis et Ianvarii Nepotiani Epitomis: iterum recensuit Carolus
+Kempf. Lipsiae (Teubner), 1888.
+
+VII. Cassii Dionis Cocceiani Rerum Romanarum libri octaginta: ab
+Immanuele Bekkero Recogniti. Lipsiae, apud Weidmannos, 1849.
+
+VIII. C. Suetoni Tranquilli quae Supersunt Omnia: recensuit Carolus L.
+Roth. Lipsiae (Teubner), 1898.
+
+IX. A. Persii Flacci, D. Iunii Iuvenalis, Sulpiciae Saturae; recognovit
+Otto Iahn. Editio altera curam agente Francisco Buecheler. Berolini,
+apud Weidmannos, 1886.
+
+X. Eutropi Breviarium ab Urbe Condita: recognovit Franciscus Ruehl.
+Lipsiae (Teubner), 1897.
+
+XI. Herodiani ab Excessu Divi Marci libri octo: ab Immanuele Bekkero
+recogniti. Lipsiae (Teubner), 1855.
+
+XII. A. Gellii Noctium Atticarum libri XX: edidit Carolus Hosius.
+Lipsiae (Teubner), 1903.
+
+XIII. Petronii Saturae et Liber Priapeorum: quartum edidit Franciscus
+Buecheler: adiectae sunt Varronis et Senecae Saturae similesque
+Reliquiae. Berolini, apud Weidmannos, 1904.
+
+XIV. M. Valerii Martialis Epigrammaton libri: recognovit Walther
+Gilbert. Lipsiae (Teubner), 1896.
+
+XV. Cornelii Taciti Libri qui Supersunt: quartum recognovit Carolus
+Halm. Lipsiae (Teubner), 1901.
+
+XVI. C. Vellei Paterculi ex Historiae Romanae libris duobus quae
+supersunt: edidit Carolus Halm. Lipsiae (Teubner), 1876.
+
+XVII. L. Annaei Senecae Opera quae Supersunt: recognovit Fridericus
+Haase. Lipsiae (Teubner), 1898.
+
+XVIII. Athenaei Naucratitae Deipnosophistaro libri XV: recensuit
+Georgius Kaibel. Lipsiae (Teubner), 1887.
+
+XIX. Lucii Apulei Metamorphoseon libri XI. Apologia et Florida.
+Recensuit J. van der Vliet. Lipsiae (Teubner), 1897.
+
+XX. C. Plini Caecili Secundi Epistularum libri novem. Epistularum ad
+Traianum liber. Panegyricus. Recognovit C.F.W. Mueller. Lipsiae
+(Teubner), 1903.
+
+XXI. Scriptores Historiae Augustae: edidit Hermannus Peter. Lipsiae
+(Teubner), 1888.
+
+XXII. M. Fabii Quintiliani Institutionis Oratoriae libri XII: recensuit
+Eduardus Bonnell. Lipsiae (Teubner), 1905.
+
+XXIII. Marci Antonini Commentariorum libri XII: iterum recensuit Ioannes
+Stich. Lipsiae (Teubner), 1903.
+
+XXIV. C. Plinii Secundi Naturalis Historiae libri XXXVII: recognovit
+Ludovicus Ianus. Lipsiae (Teubner), 1854.
+
+XXV. XII Panegyrici Latini: recensuit Aemilius Baehrens. Lipsiae
+(Teubner), 1874.
+
+XXVI. Plutarchi Scripta Moralia, Graece et Latine: Parisiis, editore
+Ambrosio F. Didot, 1841.
+
+Plutarchi Vitae Parallelae: iterum recognovit Carolus Sintennis. Lipsiae
+(Teubner), 1884.
+
+XXVII. Ammiani Marcellini Rerum Gestarum libri qui supersunt: recensuit
+V. Gardthausen. Lipsiae (Teubner), 1875.
+
+XXVIII. Poetae Latini Minores: recensuit Aemilius Baehrens. Lipsiae
+(Teubner), 1883.
+
+NOTES:
+
+[1] Paulus, iii, 4_a_, 1.
+
+[2] Ulpian, Tit., xx, 16. Gaius, ii, 112.
+
+[ 3: Male relatives on the father's side--agnati--were guardians
+in such cases; these failing, the judge of the supreme court (praetor)
+assigned one. See Ulpian, Tit., xi, 3, 4, and 24. Gaius, i, 185, and
+iii, 10. Libertae (freedwomen) took as guardians their former masters.]
+
+[4] Ulpian, Tit., xi, 27.
+
+[5] The power of the father was called _potestas_; that of the husband,
+_manus_.
+
+[6] Aulus Gellius, x, 23. Cf. Suetonius, _Tiberius_, 35.
+
+[7] Gaius, i, 144.
+
+[8] Ulpian, Tit., xi, I.
+
+[9] Ulpian, Tit., xi, 28a. Gaius, i, 194. Paulus, iv, 9, 1-9.
+
+[10] Gaius, i, 145. Ulpian, Tit., x, 5.
+
+[11] Gaius, i, 137. For an example see Pliny, _Letters_, viii, 18. Cf.
+Spartianus. _Didius Iulianus_, 8: filiam suam, potitus imperio, dato
+patrimonio, emancipaverat. See also Dio, 73, 7 (Xiphilin).
+
+If emancipated children insulted or injured their parents, they lost
+their independence--Codex, 8, 49 (50), 1.
+
+[12] Ulpian, Tit., viii, 7_a_.
+
+[13] Paulus, i, 4, 4; Mater, quae filiorum suorum rebus intervenit,
+actione negotiorum gestorum et ipsis et eorum tutoribus tenebitur.
+
+[14] Ulpian in Dig., 25, 3, 5.
+
+[15] For Livia's great influence over Augustus see Seneca, _de
+Clementia_, i, 9, 6. Tacitus, _Annals_, i, 3, 4, and 5, and ii, 34. Dio,
+55, 14-21, and 56, 47.
+
+Agrippina dominated Claudius--Tacitus, _Annals_, xii, 37. Dio, 60, 33.
+Caenis, the concubine of Vespasian, amassed great wealth and sold public
+offices right and left--Dio, 65, 14. Plotina, wife of Trajan, engineered
+Hadrian's succession--Eutropius, viii, 6. Dio, 69, I. A concubine formed
+the conspiracy which overthrew Commodus--Herodian, i, 16-17. The
+plotting of Maesa put Heliogabalus on the throne--Capitolinus,
+_Macrinus_, 9-10. Alexander Severus was ruled by his mother
+Mammaea--Lampridius, _Alex. Severus_, 14; Herodian, vi, i, i and 9.
+Gallienus invited women to his cabinet meetings--Trebellius Pollio,
+Gallienus, 16. The wives of governors took such a strenuous part in
+politics and army matters that it caused the Senate grave concern--see
+examples in Tacitus, Annals, in, 33 and 34, and iv, 20; also i, 69, and
+ii, 55; id. _Hist_., iii, 69. Vellcius Paterculus, ii, 74 (Fulvia).
+
+Of course, no woman ever had a right to vote; but neither did anybody
+else, since the Roman government had become an absolute despotism. The
+first woman on the throne was Pulcheria, who, in 450 A.D., was
+proclaimed Empress of the East, succeeding her brother, Theodosius II.
+But she soon took a husband and made him Emperor. She had been
+practically sole ruler since 414.
+
+[16] Plutarch, _Roman Questions_, 6. Aulus Gellius, x, 23. Athenaeus, x,
+56.
+
+[17] Valerius Maximus, vi, 3, 9. For this he was not even blamed, but
+rather received praise for the excellent example.
+
+[18] Aulus Gellius, x, 23. A woman in the _Menaechmi_ of Plautus, iv, 6,
+1, complains justly of this double standard of morality:
+
+Nam si vir scortum duxit clam uxorem suam, Id si rescivit uxor, impune
+est viro. Uxor viro si clam domo egressa est foras, Viro fit causa,
+exigitur matrimonio. Utinam lex esset cadem quae uxori est viro!
+
+[19] Aulus Gellius, i, 6.
+
+[20] De Consolatione ad Marciam, xvi, 1.
+
+[21] _Commentaries_, A, [Greek: gamma].
+
+[22] Quintilian, _Instit. Orat_., vi, 1, 5. Pliny, _Letters_, vi, 4 and
+7, and vii, 5.
+
+[23] Great admiration expressed for Paulina, wife of Seneca, who opened
+her veins to accompany her husband in death--Tacitus, _Annals_, xv, 63,
+64. Story of Arria and Paetus--Pliny, _Letters_, iii, 16. Martial, i,
+13. The famous instance of Epponina, under Vespasian, and her attachment
+to her condemned husband--Tacitus, _Hist_., iv, 67. Tacitus mentions
+that many ladies accompanied their husbands to exile and
+death--_Annals_, xvi, 10, 11. Numerous instances are related by Pliny of
+tender and happy marriages, terminated only by death--see, e.g.,
+_Letters_, viii, 5. Pliny the elder tells how M. Lepidus died of regret
+for his wife after being divorced from her--_N.H._, vii, 36. Valerius
+Maximus devotes a whole chapter to Conjugal Love--iv, 6. But the best
+examples of deep affection are seen in tomb inscriptions--e.g., CIL i,
+1103, viii, 8123, ii, 3596, v, 1, 3496, v, 2, 7066, x, 8192, vi, 3,
+15696, 15317, and 17690. Man and wife are often represented with arms
+thrown about one another's shoulders to signify that they were united in
+death as in life. The poet Statius remarks that "to love a wife when she
+is living is pleasure; to love her when dead, a solemn duty" (Silvae, in
+prooemio). Yet some theologians would have us believe that conjugal love
+and fidelity is an invention of Christianity.
+
+[24] Pliny, _Panegyricus_, 26. For other instances see Capitolinus,
+_Anton. Pius_, 8; Lampridius, _Alex. Severus_, 57; Spartianus, Hadrian,
+7, 8, 9; Capitolinus, _M. Anton. Phil_., 11.
+
+[25] Gaius, i, 190.
+
+[26] Ulpian, Tit. xi, 25. Cf. Frag, iur Rom. Vatic. (Huschke, 325): Divi
+Diocletianus et Constantius Aureliae Pontiae: Actor rei forum sequi
+debet et mulier quoque facere procuratorem _sine tutoris auctoritate non
+prohibetur_. So Papinian, lib. xv, Responsorum (Huschke, 327). I shall
+discuss these matters at greater length when I treat of women and the
+management of their property.
+
+[27] Dio, 54, 16. Pomponius in Dig., 23, 2, 4.
+
+[28] Gaius, i, 113.
+
+[29] Ulpian, Tit., ix, 1: Farreo convenit uxor in manum certis verbis et
+testibus X praesentibus et sollemni sacrificio facto, in quo panis
+quoque farreus adhibetur. Cf. Gaius, i, 112.
+
+[30] Aulus Gellius, iii, 2, 12. Gaius, i, 111.
+
+[31] Gaius, i, 110 and 111.
+
+[32] Paulus, ii, xix, 8.
+
+[33] Pliny, _Letters_, i, 14, will furnish an example; cf. id. vi, 26,
+to Servianus: Gaudeo et gratulor, quod Fusco Salinatori filiam tuam
+destinasti. Note the way in which Julius Caesar arranged a match for his
+daughter--Suetonius, _Divus Julius_, 21.
+
+[34] Paulus in Dig., 23, 2, 2: Nuptiae consistere non possunt, nisi
+consentiunt omnes, id est, qui coeunt quorumque in potestate sunt.
+
+[35] Julianus in Dig., 23, 1, 11.
+
+[36] Ulpian in Dig., 23, 1, 12.
+
+[37] Paulus in Dig., 23, 1, 13. Terentius Clemens in Dig., 23, 2, 21.
+
+[38] Paulus, ii, 19, 2.
+
+[39] Ulpian, 24, 17.
+
+[40] Cf. Ulpian, Tit., vi, 6: Divortio facto, si quidem sui juris sit
+muller, ipsa habet rei uxoriae actionem, id est, dotis repetitionem;
+quodsi in potestate patris sit, pater adiuncta filiae persona habet
+actionem.
+
+The technical recognition of the father's power was still strong. Cf.
+Pliny, _Panegyricus_, 38: Tu quidem, Caesar ... intuitus, opinor, vim
+legemque naturae, quae semper in dicione parentum esse liberos iussit.
+The same writer, on requesting Trajan to give citizenship to the
+children of a certain freedman, is careful to add the specification that
+they are to remain in their father's power--see Pliny to Trajan, xi
+(vi).
+
+[41] Paulus, vi, 15. Codex, v, 4, 11, and 17, 5.
+
+[42] Paulus, in Dig., 23, 3, 28. Codex, v, 13, 1, and 18, 1.
+
+[43] Codex, v, 17, 5.
+
+[44] Salvius Julianus: Frag. Perp. Ed.: Pars Prima, vii--under "De is
+qui notantur infamia."
+
+[45] Codex, 8, 46 (47), 5.
+
+[46] Aulus Gellius, iv, 4.
+
+[47] Juvenal, vi, 200-203. Gaius in Dig., 24, 2, 2. Ulpian, ibid., 23,
+I, 10. Codex, v, 17, 2, and v, I, I.
+
+[48] Codex, v, 3, 2.
+
+[49] Dig., 3, 2, 1.
+
+[50] Ulpian in Dig., 47, 10, 24.
+
+[51] Cf. Alexander Severus in Codex, viii, 38, 2: Libera matrimonia esse
+antiquitus placuit, etc. Also Codex, v, 4, 8 and 14.
+
+[52] Modestinus in Dig., xxiii, 2, 1.
+
+[53] Gaius, ii, 159.
+
+[54] Paulus, ii, xx, 1.
+
+[55] Note the rescript of Alexander Severus to a certain Aquila (Codex,
+ii, 18, 13): Quod in uxorem tuam aegram erogasti, non a socero repetere,
+sed adfectioni tuae debes expendere.
+
+[56] See, e.g., Dig., 47, 10, and Ulpian, ibid., 48, 14, 27.
+
+[57] Cf. Gaius, i, 141: In summa admonendi sumus, adversus eos, quos in
+mancipio habemus, nihil nobis contumeliose facere licere; alioquin
+iniuriarum (actione) tenebimur.
+
+[58] Paulus, i, 21, 13.
+
+[59] Paulus, i, 21, 14.
+
+[60] Codex, ii, 11, 15
+
+[61] Paulus in Dig., iii, 2, 9.
+
+[62] Aulus Gellius, xvii, 6, speech of Cato: Principio vobis mulier
+magnam dotem adtulit; tum magnam pecuniam recipit, quam in viri
+potestatem non committit, ean pecuniam viro mutuam dat; postea, ubi
+irata facta est, servum recepticum sectari atque flagitare virum iubet.
+
+[63] Paulus in Dig., 23, 3, 2.
+
+[64] Pomponius in Dig., 24, 3, 1.
+
+[65] Ulpian in Dig., 23, 3, 7.
+
+[66] Tryfoninus in Dig., 23, 3, 75.
+
+[67] Gaius, ii, 63. Paulus, ii, 21b.
+
+[68] E.g. Juvenal, vi, 136-141. Martial, viii, 12.
+
+[69] Apuleius _Apologia_, 523: Pleraque tamen rei familiaris in nomen
+uxoris callidissima fraude confert, etc.; id., 545, 546 proves further
+the power of the wife: ea condicione factam conjunctionem, si nullis a
+me susceptis liberis vita demigrasset, ut dos omnis, etc.--evidently the
+woman was dictating the disposal of her dowry.
+
+[70] Ulpian, Tit., vi, 3, 4, and 5. Codex, v, 18, 4.
+
+[71] Ulpian in Dig., xi, 7, 16; ibid., Papinian, 17; ibid, Julianus, 18.
+Paulus, i, xxi, 11.
+
+[72] Ulpian in Dig., 48, 20, 3.
+
+[73] Ulpian in Dig., 48, 20, 5.
+
+[74] Ulpian in Dig., 24, 1, 1: Moribus apud nos receptum est, ne inter
+virum et uxorem donationes valerent, hoc autem receptum est, ne mutuo
+amore invicem spoliarentur, donationibus non temperantes, sed profusa
+erga se facilitate.
+
+[75] Paulus in Dig., 24, 1, 14.
+
+[76] Gaius in Dig., 24, 1, 42; ibid., Licinius Rufus, 41; Ulpian, Tit.
+vii, 1. Martial, vii, 64--et post hoc dominae munere factus eques.
+
+[77] Paulus, ii, xxiii, 1.
+
+[78] Cf. Paulus, ii, xxiii, 2.
+
+[79] Paulus in Dig., 25, 2, 1. Codex, v, 21, 2.
+
+[80] Gaius in Dig., 25, 2, 2.
+
+[81] Paulus in Dig., 25, 2, 3.
+
+[82] Ulpian in Dig., 47, 2, 52. The respect shown for family relations
+may be seen also from the fact that a son could _complain--de facto
+matris queri_--if he believed that his mother had brought in
+supposititious offspring to defraud him of some of his inheritance; but
+he was strictly forbidden to bring her into court with a public and
+criminal action--Macer in Dig., 48, 2, 11: _sed ream eam lege Cornelia
+facere permissum ei non est_.
+
+[83] Ulpian in Dig., 48, 14, 27.
+
+[84] Ulpian in Dig., 48, 5, 14 (13): Iudex adulterii ante oculos habere
+debet et inquirere, an maritus pudice vivens mulieri quoque bonos mores
+colendi auctor fuerit periniquum enim videtur esse, ut pudicitiam vir ab
+uxore exigat, quam ipse non exhibeat. Cf. Seneca, _Ep_., 94: Scis
+improbum esse qui ab uxore pudicitiam exigit, ipse alienarum corruptor
+uxorum. Scis ut illi nil cum adultero, sic nihil tibi esse debere cum
+pellice. Antoninus Pius gave a husband a bill for adultery against his
+wife "Provided it is established that by your life you give her an
+example of fidelity. It would be unjust that a husband should demand a
+fidelity which he does not himself keep"--quoted by St. Augustine, de
+Conj. Adult., ii, ch. 8. In view of these explicit statements it is
+difficult to see what the Church Father Lactantius meant by asserting
+(_de Vero Cultu_, 23): Non enim, sicut iuris publici ratio est, sola
+mulier adultera est, quae habet alium; maritus autem, etiamsi plures
+habeat, a crimine adulterii solutus est. Perhaps this deliberate
+distortion of the truth was another one of the libels against pagan Rome
+of which the pious Fathers are so fond "for the good of the Church."
+
+[85] Papinian in Dig., 48, 5, 21 (20); ibid., Ulpian, 24 (23). Paulus,
+ii, xxvi.
+
+[86] Macer in Dig., 48, 5, 25 (24).
+
+[87] Papinian in Dig., 48, 5, 23 (22).
+
+[88] Papinian in Dig., 48, 5, 39 (38); ibid., Marcianus, 48, 8, 1.
+
+[89] Paulus, ii, xxvi. Macer in Dig., 48, 5, 25 (24), ibid., Ulpian, 48,
+5, 30 (29).
+
+[90] Paulus, ii, xxvi.
+
+[91] Juvenal, x. 317; quosdam moechos et mugilis intrat. Cf. Catullus,
+15, 19.
+
+[92] See, e.g., Capitolinus, _Anton_. _Pius_, 3. Spartianus, _Sept.
+Severus_, 18, Pliny, _Panegyricus_, 83: multis illustribus dedecori fuit
+aut inconsultius uxor assumpta aut retenta patientius, etc.
+
+[93] Pliny, _Letters_, vi, 31.
+
+[94] Paulus, ii, xxvi, 15.
+
+[95] Valerius Maximus, ii, 1, 6.
+
+[96] Aulus Gellius, xvii, 21, 44. Valerius Maximus, ii, 1, 4. Plutarch,
+_Roman Questions_, 14.
+
+[97] Valerius Maximus, vi, 3, 12.
+
+[98] "If you should catch your wife in adultery, you would put her to
+death with impunity; she, on her part, would not dare to touch you with
+her finger; and it is not right that she should"--Speech of Cato the
+Censor, quoted by Aulus Gellius, x, 23.
+
+[99] E.g., Marcellus in Dig., 24, 3, 38: Maevia Titio repudium misit,
+etc.; ibid., Africanus, 24, 3, 34: Titia divortium a Seio fecit, etc.
+Martial, x, 41: Mense novo lani veterem, Proculeia, maritum Deseris,
+atque iubes res sibi habere suas. Apuleius, _Apologia_, 547: utramvis
+habens culpam mulier, quae aut tam intolerabilis fuit ut repudiaretur
+aut tam insolens ut repudiaret.
+
+_Novellae_, 140, 1: Antiquitus quidem licebat sine periculo tales [i.e.,
+those of incompatible temperament] ab invicem separari secundum communem
+voluntatem et consensum.
+
+[100] Martial, vi, 7.
+
+[101] Aulus Gellius, x, 15: Matrimonium flaminis nisi morte dirimi ius
+non est.
+
+[102] Tacitus, _Annals_, iv, 16.
+
+[103] Ulpian, vi, 6; id. in Dig., 24, 3, 2. Pauli fragmentam in Boethii
+commentario ad Topica, 2, 4, 19.
+
+[104] Paulus in Dig. ii,3, 41.
+
+[105] Ulpian, vi, 13.
+
+[106] Ulpian, vi, 9-17, and vii, 2-3. Pauli frag, in Boethii comm. ad
+Top., ii, 4, 19.
+
+[107] Ulpian, xiv: feminis lex Iulia a morte viri anni tribuit
+vacationem, a divortio sex mensum; lex autem Papia a morte viri biennii,
+a repudio anni et sex mensum.
+
+[108] Ulpian in Dig., 25, 3, 1. Paulus, ii, xxiv, 5.
+
+[109] Ulpian in Dig., 25, 4, 8.
+
+[110] Codex, v, 24, 1.
+
+[111] Codex, vi, 60, 1: Res, quae ex matris successione fuerint ad
+filios devolutae, ita sint in parentum potestate, ut fruendi dumtaxat
+habeant facultatem, dominio videlicet carum ad liberos pertinente.
+
+[112] Neratius in Dig., 26, 1, 18.
+
+[113] Codex, v, 35, 1.
+
+[114] Codex, ii, 12, 18: alienam suscipere defensionem virile officium
+est ... filio itaque tuo, si pupillus est, tutorem pete.
+
+[115] Ulpian, Tit. viii, 7_a_. Paulus, i, 4, 4.
+
+[116] _ad Helviam matrem de consol_., xiv, 3.
+
+[117] Other instances of women trustees will be found in Apuleius,
+_Apologia_ 516; Paulus in Dig; iii, 5,23 (24): avia nepotis sui negotia
+gessit, etc.; ibid., Marcellus, 46, 3, 48: Titia cum propter dotem bona
+mariti possideret, omnia pro domina egit, reditus exegit, etc.
+
+[118] Tacitus, _Agricola_, 43.
+
+[119] Frag. iur. Rom. Vat., 282.
+
+[120] Ulpian, viii, 7a.
+
+[121] Gaius, ii, 227. Digest, 35, 2.
+
+[122] E.g. Pliny, _Letters_, v, 1. Codex, iii, 28, 19; id., iii, 28, 28.
+Cf. Codex, iii, 29, I, and 29, 7; and Paulus in Dig., v, 2, 19. Note the
+extreme anxiety of the son of Prudentilla about her money as given by
+Apuleius, _Apologia_, 517. The estate of a mother who died intestate
+went to her children, not to her husband; the latter could only enjoy
+the interest until they arrived at maturity--Codex, vi, 60, 1;
+Modestinus in Dig., 38, 17, 4.
+
+[123] E.g., Juvenal, iv, 18-21. Pliny, _Letters_, ii, 20.
+
+[124] Digest, xiv, 1 and 3 and 8--on the actio exercitoria and
+institoria. Cf. Codex, iv, 25, 4: et si a muliere magister navis
+praepositus fuerit, etc.
+
+[125] CIL, xiv, 326.
+
+[126] Martial, xi, 71. Apuleius, _Metam_., v, 10. Soranus, i, 1, ch. 1
+and 2. Galen, vii, 414 (cf. xiii, 341).
+
+[127] E.g. Suetonius, _Nero_, 27.
+
+[128] Carmina Priapea, 18 and 27. Ulpian, xiii, 1. The Roman drama had
+now degenerated into mere vaudeville, mostly lascivious dancing.
+Senators and their children were forbidden to marry any woman who had
+herself or whose father or mother had been on the stage.
+
+[129] Martial, ii, 17, 1.
+
+[130] Petronius, _Sat_., 45: Titus noster ... habet et mulierem
+essedariam. This would not be strange, when we reflect that under
+Domitian noble ladies even fought in the arena.
+
+[131] _Thesmophoriazusae_, 443-459.
+
+[132] See Cicero, _pro Caecina_, 5, for an account of these business
+agents for women.
+
+[133] Paulus, ii, xi; id. in Dig., 16, 1, 1; Aulus Gellius, v, 19;
+Pomponius in Dig., 48, 2, 1: non est permissum mulieri publico iudicio
+quemquam reum facere.
+
+[134] Ulpian in Dig., 1, 16, 9. Salvius Julianus, Pars Prima, vi: si non
+habebunt advocatum, ego dabo. Alexander Severus (222-235 A.D.) gave
+pensions to those advocates in the provinces who pleaded free of
+charge--Lampridius, _Alex. Severus_, 44.
+
+[135] Cf. Paulus in Dig., 23, 3, 28. Codex, v, 13, 1, and 18, 1. Ulpian
+in Dig., iii, 3, 8.
+
+[136] Gaius, i, 137.
+
+[137] Frag. iur. Rom. Vat., 325; id., 327 (from Papinian): mulieres
+quoque et sine tutoris auctoritate procuratorem facere posse.
+
+[138] Ulpian in Dig., iii, 3, 8; ibid., Paulus, iii, 3, 41.
+
+[139] Ulpian in Dig., iii, 5, 3.
+
+[140] Pomponius in Dig., 48, 2, 1; ibid., Papinian, 48, 2, 2--who adds
+that she could also do so in a case regarding the will of a mother or
+father's freedman.
+
+[141] Marcianus in Dig., 48, 2, 13.
+
+[142] Papinian in Dig., 48, 4, 8.
+
+[143] Juvenal, vi, 242--245.
+
+[144] Valerius Maximus, viii, 3, 3. Appian, _B.C._, iv, 32 ff.
+Quintilian, i, 1, 6.
+
+[145] Valerius Maximus, viii, 3, 2.
+
+[146] Quintilian, ix, 2, 20 and 34.
+
+[147] E.g., Pliny _Letters_, i, 5, and iv, 17.
+
+[148] E.g., Huschke, pp. 796, 797, 803, 807, 809, 810, 856, 857, 858. Or
+instances such as that mentioned in Digest, 48, 2, 18, where a sister
+brings an action to prove her brother's will a forgery.
+
+[149] Pliny, _Letters_, vi, 33.
+
+[150] Paulus in Dig., 22, 6, 9.
+
+[151] Fully treated in Dig., 16, 1, and Paulus, ii, xi.
+
+[152] Ulpian in Dig., 16, 1, 2.
+
+[153] Aulus Gellius, xvii, 6. St. Augustine, de Civit. Dei, iii, 21: nam
+tunc, id est inter secundum et postremum bellum Carthaginiense, lata est
+etiam illa lex Voconis, ne quis heredem feminam faceret, nec unicam
+filiam.
+
+[154] Dio, 56, 10.
+
+[155] Aulus Gellius, xx, 1, 23. According to Dio, 56, 10, it was
+Augustus who in the year 9 A.D. gave women permission to inherit any
+amount.
+
+[156] Fully treated in Dig., 35, 2. Also in Gaius, ii, 227, and Paulus,
+iii, viii, 1-3, and iv, 3, 3, and 5 and 6.
+
+[157] Paulus, iv, Tit. v, 1. Cases in which "Complaints of Undutiful
+Will" were the issue will be found, e.g., in Codex, iii, 28, 1 and 19
+and 28; id., iii, 29, 1 and 7.
+
+[158] Ulpian in Dig., 38, 16, 1: suos heredes accipere debemus filios
+filias sive naturales sive adoptivos. Instances of daughters being left
+heiresses of whole estates may be found, e.g., in Dig., 28, 2, 19: cum
+quidam filiam ex asse heredem scripsisset filioque, quem in potestate
+habebat, decem legasset, etc. Or the example mentioned by Scaevola in
+Dig., 41, 9, 3: Duae filiae intestato patri heres exstiterunt, etc.
+
+[159] Callistratus in Dig., 48, 19, 26: crimen vel poena paterna nullam
+maculam filio infligere potest. namque unusquisque ex suo admisso sorti
+subicitur nec alieni criminis successor constituitur; idque divi fratres
+Hierapolitanis rescripserunt. "Nothing is more unjust," writes Seneca
+(de Ira, ii, 34, 3), "than that any one should become the heir of the
+odium excited by his father."
+
+[160] Paulus, v, xii, 1.
+
+[161] Paulus, v, xii, 12.
+
+[162] Ulpian in Dig., 48, 4, 11.
+
+[163] Ulpian in Dig., 48, 4, 11.
+
+[164] Hermogenianus in Dig., 48, 4, 9.
+
+[165] Sulla had not only deprived the children of the proscribed of all
+their estates, but had also debarred them from aspiring to any political
+office--see Velleius Paterculus, ii, 28.
+
+[166] For examples of the clemency of Augustus see Suetonius, _div.
+Aug._, 33 and 51 and 67; Seneca, _de Ira_, iii, 23, 4 ff., and 40, 2;
+Velleius Paterculus, ii, 86, 87.
+
+[167] For Tiberius see, e.g., Tacitus, _Annals_, iv--case of Silius;
+id., _Annals_, iii, 17, 18--case of Piso. For Nero, note Tacitus,
+_Annals_, xiii, 43--case of Publius Suilius. Clemency of Claudius
+mentioned in Dio, 60, 15, 16; of Vitellius in Tacitus, _Hist_., ii, 62.
+
+[168] Spartianus, _Had._, 18.
+
+[169] Capitolinus, _Anton. Pius_, 7. See also the anecdote of Aurelian
+in Vopiscus, _Aurelian_, 23.
+
+[170] Codex, iv, 12, 2, rescript of Diocletian: ob maritorum culpam
+uxores inquietari leges vetant. proinde rationalis noster, si res quae a
+fisco occupatae sunt dominii tui esse probaveris, ius publicum sequetur.
+
+[171] Gaius, ii, 129 and 132.
+
+[172] Gaius, ii, 132.
+
+[173] 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. Succeeding
+emperors enlarged upon it; but especially Alexander Severus (222-235
+A.D.), who instituted salaries for teachers of rhetoric, literature,
+medicine, mechanics, and architecture in Rome and the provinces, and had
+poor boys attend the lectures free of charge--see Lampridius, _Alex.
+Severus_, 44.
+
+[192] Pliny, _Paneg._, 26. Spartianus, _Hadrian_, 7, 8-9. Capitolinus,
+_Anton. Pius 8_; id. _M. Anton. Phil._ II. Lampridius, _Alex_.
+_Severus_, 57.
+
+[193] Pliny, _Letters_, vii, 18. The sum was 500,000 sesterces.
+
+[194] Any infringement of this vow was punished by burial alive--for
+instances, see Suetonius, _Domitian_, 8; Herodian, iv, 6, 4: Pliny,
+_Letters_ iv, 11; Dio, 77, 16 (Xiphilin). Their paramours were beaten to
+death.
+
+[195] A full account of the Vestals will be found in Aulus Gellius, i,
+12.
+
+[196] Quintilian, vii, 3, 27: ad servum nulla lex pertinet. On the rare
+instances when a slave could inform against his master in a public
+court, see Hermogenianus in Dig., v, 1, 53.
+
+[197] Gaius, i, 52 ff.
+
+[198] Gaius, iii, 222. Cf. Juvenal vi, 219-223, and 474-495.
+
+[199] Gaius, iii, 222. Salvius Julianus, Pars Secunda, xv. Aulus
+Gellius, xx, i.
+
+[200] Paulus, v, 16.
+
+[201] Paulus, iii, v, 5 ff. Pliny, _Letters_, viii, 14. Tacitus,
+_Annals_ xiii, 32.
+
+[202] Valerius Maximus, vi, 8, in a chapter entitled _de fide servorum_
+speaks with great admiration of instances of fidelity on the part of
+slaves. Seneca ate with his--_Epist_. 47, 13. Martial laments the death
+of a favourite slave girl--v, 34 and 37. Dio (62, 27--Xiphilin) notes
+the heroic conduct of Epicharis, a freedwoman, who was included in a
+conspiracy against Nero; but she revealed none of its secrets, though
+tortured in every way by Tigellinus. The pages of Pliny are full of the
+spirit of kindliness to slaves.
+
+[203] See Tacitus, _Annals_, xiv, 42 ff.
+
+[204] Suetonius, _Claudius_, 25. Dio, 60, 29 (Xiphilin).
+
+[205] Sec, e.g., Seneca, _de Clem_., i,18, 1 and 2--especially the
+anecdote of Vedius Pollio (mentioned also by Dio, 54, 23).
+
+The interesting letter of Pliny, viii, 16; and cf. iii, 14, and v, 19.
+Juvenai, vi, 219-223.
+
+[206] Spartianus, _Hadrian_, 18.
+
+[207] Gaius, i, 52 ff. Cf. Ulpian in Dig., 1, 12, 1 and 8.
+
+[208] The punishment for this was pecuniary damages equal to twice the
+highest value of a slave during the year in which he was killed.
+
+[209] Ulpian in Dig., i., 12, 8: hoc quoque officium praefecto urbi a
+divo Severo datum est, ut mancipia tueatur ne prostituantur.
+
+[210] Vopiscus, _Aurelian_, 49
+
+[211] Vopiscus, _Tacitus_, 9.
+
+
+
+
+CHAPTER II
+
+WOMEN AND THE EARLY CHRISTIAN CHURCH
+
+
+Meanwhile a new world force, destined to overthrow the old order of
+things, was growing slowly to maturity and spreading out its might until
+eventually it fought its way to preeminence. I have traced the rights of
+women under the regime of pagan Rome; I shall inquire next into the
+position of women under Christianity. We must first note the attitude of
+the early Christians towards women in general; for that attitude will
+naturally be reflected in any laws made after the Church has become
+supreme and is combined with and directs the State. That will demand a
+special chapter on Canon Law; but in the present chapter I propose to
+show how women were regarded by the Christians in the centuries which
+were the formative period of the Church.
+
+The direct words of Christ so far as they relate to women and as we have
+them in the Gospels concern themselves wholly to bring about purity in
+the relation of the sexes. "Ye have heard that it was said, Thou shalt
+not commit adultery; but I say unto you, that every one that looketh on
+a woman to lust after her hath committed adultery with her already in
+his heart."[212] His commands on the subject of divorce are positive and
+unequivocal: "It was said also, Whosoever shall put away his wife, let
+him give her a writing of divorcement; but I say unto you, that every
+one that putteth away his wife, saving for the cause of fornication,
+maketh her an adultress; and whosoever shall marry her when she is put
+away, committeth adultery."[213] Christ was content to lay down great
+ethical principles, not minute regulations. Of any inferiority on the
+part of women he says nothing, nor does be concern himself with giving
+any directions about their social or legal rights. He blessed the
+marriage at Cana; and to the woman taken in adultery he showed his usual
+clemency. For the rest, his relations with women have an atmosphere of
+rare sympathy, gentleness, and charm.
+
+But as soon as we leave the Gospels and read the Apostles we are in a
+different sphere. The Apostles were for the most part men of humble
+position, and their whole lives were directed by inherited beliefs which
+were distinctly Jewish and Oriental or Greek; not Western. In the Orient
+woman has from the dawn of history to the present day occupied a
+position exceedingly low. Indeed, in Mohammedan countries she is
+regarded merely as a tool for the man's sensual passions and she is not
+allowed to have even a soul. In Greece women were confined to their
+houses, were uneducated, and had few public rights and less moral
+latitude; their husbands had unlimited license.[214] The Jewish ideal is
+by no means a lofty one and cannot for a moment compare with the honour
+accorded the Roman matron under the Empire. According to _Genesis_ a
+woman is the cause of all the woes of mankind. _Ecclesiasticus_ declares
+that the badness of men is better than the goodness of women.[215] In
+_Leviticus_[216] we read that the period of purification customary
+after the birth of a child is to be twice as long in the case of a
+female as in a male. The inferiority of women was strongly felt; and
+this conception would be doubly operative on men of humble station who
+never travelled, who had received little education, and whose ideas were
+naturally bounded by the horizon of their native localities. We are to
+remember also that the East is the home of asceticism, a conviction
+alien to the Western mind. There is no parallel in Western Europe to St.
+Simeon Stylites.
+
+We would, therefore, expect to find in the teachings of the Apostles an
+expression of Jewish, i.e., Eastern ideals on the subject of women; and
+we do so find them. Following the express commands of Christ, they
+exhorted to sexual purity and reiterated his injunctions on the matter
+of divorce. They went much farther and began to legislate on more minute
+details. Paul allows second marriages to women[217]; but thinks it
+better for a widow to remain as she is.[218] It is better to marry than
+to burn; yet would he prefer that men and women should remain in
+celibacy.[219] The power of the father to arrange a marriage for his
+daughter was, under Roman law, limited by her consent; but the words of
+Paul make it clear that it was now to be a Christian precept that a
+father could determine on his own responsibility whether his daughter
+should remain a virgin.[220] Wives are to be in subjection to their
+husbands, and "let the wife see that she fear her husband."[221] Woman
+is the weaker vessel[222]; she is to be silent in church; if she desires
+to learn anything, she should ask her husband at home.[223] Furthermore:
+"I permit not a woman to teach, nor to have dominion over a man, but to
+be in quietness. For Adam was first formed, then Eve; and Adam was not
+beguiled, but the woman being beguiled hath fallen into transgression;
+but she shall be saved through childbearing, if they continue in faith
+and love and sanctification with sobriety."[224] The apparel of women
+also evoked legislation from the Apostles. Women were to pray with their
+heads veiled "for the man is not of the woman, but the woman for the
+man."[225] Jewels, precious metal, and costly garments were unbecoming
+the modest woman.[226]
+
+In this early stage of Christianity we may already distinguish three
+conceptions that were quite foreign to the Roman jurist: I. The
+inferiority and weakness of women was evident from the time of Eve and
+it was an act of God that punished all womankind for Eve's
+transgression. Woman had been man's evil genius. II. She was to be
+submissive to father or husband and not bring her will in opposition to
+theirs. III. She must not be prominent in public, she must consider her
+conduct and apparel minutely, and she was exhorted to remain a virgin,
+as being thus in a more exalted position. At the same time insistence
+was placed on the fact that a virgin, wife, and widow must be given due
+honour and respect, must be provided for, and allowed her share in
+taking part in those interests of the community which were considered
+her sphere.
+
+If, now, we examine the writings of the Church Fathers, we shall see
+these ideas elaborated with all the vehemence of religious zeal.
+
+The general opinions of the Fathers regarding women present a curious
+mixture. They are fond of descanting on the fact that woman is
+responsible for all the woes of mankind and that her very presence is
+dangerous. At the same time they pay glowing tribute to women in
+particular. St. Jerome held that women were naturally weaker, physically
+and morally, than men.[227] The same saint proves that all evils spring
+from women[228]; and in another passage he opines that marriage is
+indeed a lottery and the vices of women are too great to make it worth
+while.[229] "The sex is practiced in deceiving," observes St.
+Maximus.[230] St. Augustine disputes subtly whether woman is the image
+of God as well as man. He says no, and proves it thus[231]: The Apostle
+commands that a man should not veil his head, because he is the image of
+God; but the woman must veil hers, according to the same Apostle;
+therefore the woman is not the image of God. "For this reason, again,"
+continues the Saint, "the Apostle says 'A woman is not permitted to
+teach, nor to have dominion over her husband.'" Bishop Marbodius calls
+woman a "pleasant evil, at once a honeycomb and a poison" and indicts
+the sex,[232] something on the order of Juvenal or Jonathan Swift, by
+citing the cases of Eve, the daughters of Lot, Delilah, Herodias,
+Clytemnestra, and Progne. The way in which women were regarded as at
+once a blessing and a curse is well illustrated also in a distich of
+Sedulius: "A woman alone has been responsible for opening the gates of
+death; a woman alone has been the cause of a return to life."[233]
+
+That women should be in subjection, in accordance with the dictum of
+Paul, the Church Fathers assert emphatically. "How can it be said of a
+woman that she is the image of God," exclaims St. Augustine,[234] "when
+it is evident that she is subject to the rule of her husband and has no
+authority! Why, she can not teach, nor be a witness, nor give security,
+nor act in court; how much the more can she not govern!" Women are
+commanded again and again not to perform any of the functions of men and
+to yield a ready and unquestioning obedience to their husbands.[235]
+The Fathers also insist that marriage without a paternal parent's
+consent is fornication.[236]
+
+Marriage was looked upon as a necessary evil, permitted, indeed, as a
+concession to the weakness of mankind, but to be avoided if possible.
+"Celibacy is to be preferred to marriage," says St. Augustine.[237]
+"Celibacy is the life of the angels," remarks St. Ambrose.[238]
+"Celibacy is a spiritual kind of marriage," according to St.
+Optatus.[239] "Happy he," says Tertullia[240] "who lives like Paul!"
+The same saint paints a lugubrious picture of marriage and the "bitter
+pleasure of children" (_liberorum amarissima voluptate_) who are burdens
+and just as likely as not will turn out criminals. "Why did the Lord cry
+woe unto those that are pregnant and give suck, unless it was to call
+attention to the fact that children will be a hindrance on the day of
+judgment?"[241] When such views were entertained of marriage, it need
+not seem remarkable that Tertullian and St. Paul of Nolan, like Tolstoy
+to-day, discovered the blessings of a celibate life after they were
+married and ran away from their wives.[242] Jerome finds marriage useful
+chiefly because it produces virgins.[243]
+
+As for second marriages, the Montanist and the Novatian sects condemned
+them absolutely, on the ground that if God has removed a wife or husband
+he has thereby signified his will to end the marrying of the parties;
+Tertullian calls second marriage a species of prostitution.[244]Jerome
+expresses the more tolerant and orthodox view: "What then? Do we condemn
+second marriages? Not at all; but we praise single ones. Do we cast the
+twice-married from the Church? Far from it; but we exhort the
+once-married to continence. In Noah's ark there were not only clean, but
+also unclean animals."[245]
+
+As the Fathers were very well aware of the subtle influence of dress on
+the sexual passions, we have a vast number of minute regulations
+directing virgins, matrons, and widows to be clothed simply and without
+ornament; virgins were to be veiled.[246] Tertullian, with that keen
+logic of which the Church has always been proud in her sons, argues that
+inasmuch as God has not made crimson or green sheep it does not behoove
+women to wear colours that He has not produced in animals
+naturally.[247] St. Augustine forbids nuns to bathe more than once a
+month, unless under extreme necessity.[248]
+
+As soon as the Church begins to exercise an influence upon law, we shall
+expect to see the legal position of women changed in accordance with
+certain general principles outlined above, viz: I. That inasmuch as Adam
+was formed before Eve and as women are the weaker vessels, they should
+confine themselves to those duties only which society has, from time
+immemorial, assigned them as their peculiar sphere. II. They should be
+meek, and not oppose father or husband; and to these they should go for
+advice on all matters. III. All license, such as the Roman woman's right
+of taking the initiative in a divorce, must never be tolerated. IV. They
+should never transgress the bounds of strictest decorum in conduct and
+dress, lest they seduce men; and they must never be conspicuous in
+public or attempt to perform public functions. V. They are to be given
+due honour and are to be cared for properly.
+
+The legal rights of women would be affected, moreover, by a difference
+in the spirit of the law. The Roman jurist derived his whole sanction
+from reason and never allowed religious considerations, as such, to
+influence him when legislating on women. He recognised that laws are not
+immutable, but must be changed to fit the growth of equity and
+tolerance. No previous authority was valid to him if reason suggested
+that the authority's dictum had outlived its usefulness and must be
+adapted to larger ideas. It never occurred to him to make the
+inferiority of woman an act of God. On the other hand, the Church
+referred everything to one unchanging authoritative source, the Gospels
+and the writings of the Apostles; faith and authority took the place of
+reason; and any attempt to question the injunctions of the Bible was
+regarded as an act of impiety, to be punished accordingly. And as the
+various regulations about women had now a divine sanction, the
+permanence of these convictions was doubly assured.
+
+SOURCES
+
+I. The Bible.
+
+II. Patrologia Latina: edidit J.P. Migne. Parisiis. 221 volumes
+(finished 1864).
+
+NOTES:
+
+[212] _Matthew_ 5, 27 ff.
+
+[213] _Matthew_ 5, 31 ff.; id. 19, 3 ff. _Mark_ 10, 2-12. _Luke_ 16, 18.
+
+[214] Plutarch lived in the second century A.D.; but he has inherited
+the Greek point of view and advises a wife to bear with meekness the
+infidelities of the husband--see _Praecep. Coniug_., 16. His words are
+often curiously similar to those of the Apostles, e.g., _Coniug.
+Praecep_., 33: "The husband shall rule the wife not as if master of a
+chattel, but as the soul does the body." Id. 37: "Wives who are sensible
+will be silent when their husbands are angry and vent their passion;
+when their husbands are silent, then let them speak to them and mollify
+them." However, like the Apostles, he enjoins upon husbands to honour
+their wives; his essay on the "Virtues of Women"--[Greek: gynaikôn
+aretai]--is an affectionate tribute to their worth.
+
+Some of the respectable Puritan gentlemen at Rome also held that a wife
+be content to be a humble admirer of her husband (e.g., Pliny, _Paneg_.,
+83, hoc efficiebat, quod mariti minores erant ... nam uxori sufficit
+obsequii gloria, etc.). But Roman law insisted that what was morally
+right for the man was equally so for the woman; just as it compelled a
+husband himself to observe chastity, if he expected it from his wife.
+
+[215] _Ecclesiasticus_ 42, 14.
+
+[216] _Leviticus_ xii, 1-5.
+
+[217] _Romans_ 7, 2-4.
+
+[218] _Corinthians_ i, 7, 39.
+
+[219] _Corinthians_ i, 7, 1 ff.
+
+[220] _Corinthians_ i, 7, 37.
+
+[221] _Ephesians_ 5, 22 and 33.
+
+[222] _Peter_ i, 3, 7.
+
+[223] _Corinthians_ i, 14, 34.
+
+[224] _Timothy_ i, 2, 12-15.
+
+[225] _Corinthians_ i, II, 8.
+
+[226] _Timothy_ i, 2, 9. _Peter_ i, 3.
+
+[227] Abelard, Ep., 9, in vol. 178, p. 325, of Migne: Beatus Hieronymus
+... tanto magis necessarium amorem huius studii (i.e. the Scriptures)
+censuit, quanto eas naturaliter infirmiriores et carne debiliores esse
+conspexit. Cf. St. Paul of Nolan, _Letters_, 23, § 135--Migne 61, p.
+273: Hi enim (i.e. evil spirits) petulantius infirmiora vasa pertentant,
+sicut non Adam, sed Evam coluber aggressus est.
+
+[228] Adversus Iovianum, i, 48--Migne, vol. 23, p. 278.
+
+[229] Adversus Iovianum, i, 28--Migne, vol. 23, pp. 249-250: Qui enim
+ducit uxorem, in ambiguo est, utrum odiosam an amabilem ducat. Si
+odiosam duxerit, ferri non potest. Si amabilem, amor illius inferno et
+arenti terrae et incendio comparatur. He quotes the Old Testament,
+especially _Pr_. 30, 16, to support his views.
+
+[230] S. Maximi Episcopi Taurinensis--Homilia 53, I--Migne, vol. 57, p.
+350.
+
+[231] Augustinus: _Quaest. ex vet. Test_., 21: an mulier imago Dei sit
+... unde et Apostolus, Vir quidem, inquit, non debet velare caput, cum
+sit imago et gloria Dei; mulier autem, inquit, velet caput. Quare? Quia
+non est imago Dei. Unde denuo dicit Apostolus: Mulieri autem docere non
+permittitur, neque dominari in virum. Migne, vol. 35, p. 2228.
+
+[232] Migne, vol. 171, pp. 1698-1699:
+
+Femina dulce malum, pariter favus atque venenum, Melle linens gladium
+cor confodit et sapientum. Quis suasit primo vetitum gustare parenti?
+Femina. Quis patrem natas vitiare coegit? Femina. Quis fortem spoliatum
+crine peremit? Femina. Quis iusti sacrum caput ense recidit?
+Femina.--etc., ad lib.
+
+However, in another poem he acknowledges that there is nothing more
+beautiful than a good woman:
+
+In cunctis quae dante Deo concessa videntur Usibus humanis, nil
+pulchrius esse putamus, Nil melius muliere bona, etc.
+
+[233] Migne, vol. 80, p. 307. The sentiment is more fully developed in
+another poem--Migne, vol. 80, p. 307:
+
+Femina causa fuit humanae perditionis; Qua reparatur homo, femina causa
+fuit. Femina causa fuit cur homo ruit a paradiso; Qua redit ad vitam,
+femina causa fuit. Femina prima parens exosa, maligna, superba; Femina
+virgo parens casta, benigna, pia.
+
+[234] _Quaest. ex vet. Test_., 45; Migne, vol. 35, p. 2244.
+
+[235] E.g., Tertullian, _de virg. vel_., 9. St. Paul of Nolan, letter
+23, § 135--Migne, 61, p. 273. Id., letter 26, vol. 61, p. 732 of Migne.
+Cf. Augustine, letter 262, § 5--Migne, 33, p. 1079.
+
+[236] Basilius, _ad Amphil_., c.42: Matrimonia sine iis, qui potestatem
+habent, fornicationes sunt.
+
+Ambrose says: Honorantur parentes Rebeccae muneribus, consulitur puella
+non de sponsalibus, illa enim expectat iudicium parentum; non est enim
+virginalis pudoris eligere maritum.
+
+[237] Virginitas praeferenda coniugio--August., vol. 44, p. 142 of
+Migne. The Council of Trent, eleven centuries later, in its
+twenty-fourth session, re-echoed this sentiment and anathematised any
+one who should deny it.
+
+[238] Migne, vol. 16, p. 342.
+
+[239] Id., II, p. 1074.
+
+[240] Tertullian _ad uxorem_, i, 3.
+
+[241] Id. _ad uxorem_, i, 5. See also Gregory of Nyassa, _de Virg_.,
+iii, on the evils of matrimony.
+
+[242] v. Tertullian, _ad uxorem_. For Paul of Nolan, see Migne, vol. 61,
+p. 22.
+
+[243] Laudo nuptias, laudo coniugium, sed quia mihi virgines generant.
+
+[244] _Ad uxorem_, i, 7 and 9: non aliud dicendum erit secundum
+matrimonium quam species stupri.
+
+[245] Jerome, _Epist_., 123. See also id., _Epistola de viduitate
+servanda_, Migne 22, p. 550, and the _Epist. de monogamia_, Migne, 22,
+p. 1046. Ambrose, _de viduis liber unus_, Migne, 16, p. 234. Cf. Alanus
+de Insulis in Migne, vol. 210, p. 194: Vidua ad secundas nuptias non
+transeat.
+
+[246] See, e.g., St. Cyprian, _de habitu virginum_. Tertullian, _de
+virginibus velandis_ and _de cultu feminarum_. Treatises on the way
+widows should dress were written, among others, by St. Paul of Nolan,
+_Epist_. 23, §§ 133-135--Migne 61; Augustine, St. Fulgentius Rusp., St.
+Paulinus Aquil., and St. Petrus Damianus.
+
+[247] _De cultu feminarum_, i, 8.
+
+[248] Lavacrum etiam corporum ususque balneorum non sit assiduus, sed eo
+quo solet intervallo temporis tribuatur, hoc est, semel in mense. Nisi
+infirmitatis necessitas cogat, corpus saepius non lavandum--Augustine,
+_de monialibus_, Migne, vol. 33, page 963.
+
+
+
+
+CHAPTER III
+
+RIGHTS OF WOMEN AS MODIFIED BY THE CHRISTIAN EMPERORS
+
+
+Christianity became the state religion under Constantine, who issued the
+Edict of Milan, giving toleration to the Christians, in the year 313.
+The emperors from Constantine through Justinian (527-565) modified the
+various laws pertaining to the rights of women in various ways. To the
+enactments of Justinian, who caused the whole body of the Roman law to
+be collected, I intend to give special attention. We must not, as yet,
+expect to find the strict views of the Church Fathers carried out in any
+severe degree. On the contrary the old Roman law was still so powerful
+that it was for the most part beyond the control of ecclesiasts.
+Justinian was an ardent admirer of it and could not escape from its
+prevailing spirit. Canon law had not yet developed. When the old Roman
+civilisation in Italy has succumbed completely to its barbarian
+conquerors; when the East has been definitely sundered from the West;
+when the Church has risen supreme, has won temporal power, and has
+developed canon law into a force equal to the civil law,--then finally
+we shall expect to see the legal rights of women changed in accordance
+with two new world forces--the Roman Catholic Church and the Germanic
+nations. I shall now discuss legislation having to do with my subject
+under the Christian emperors from Constantine (306-337) through the
+reign of Justinian (527-565).
+
+[Sidenote: Divorce: rescript of Theodosius and Valentian.]
+
+The power of husband and wife to divorce at will and for any cause,
+which we have seen obtained under the old Roman law, was confined to
+certain causes only by Theodosius and Valentinian (449 A.D.). These
+emperors asserted vigorously that[249] the dissolution of the marriage
+tie should be made more difficult, especially out of regard to the
+children. Pursuant to this idea the power of divorce was given for the
+following reasons alone: adultery, murder, treason, sacrilege, robbery;
+unchaste conduct of a husband with a woman not his wife and vice-versa;
+if a wife attended public games without her husband's permission; and
+extreme physical violence of either party. A woman who sent her husband
+a bill of divorce for any other reason forfeited her dowry and all
+ante-nuptial gifts and could not marry again for five years, under
+penalty of losing all civil rights. Her property accrued to her husband
+to be kept in trust for the children.
+
+[Sidenote: Justinian on divorce]
+
+Justinian made more minute regulations on the subject of divorce. To the
+valid causes for divorce as laid down by Theodosius and Valentinian he
+added impotence; if a separation was obtained on this ground, the
+husband might retain ante-nuptial gifts.[250] Abortion committed by the
+wife or bathing with other men than her husband or inveigling other men
+to be her paramours--these offences on the part of the wife gave her
+husband the right of divorce.[251] Captivity of either party for a
+prolonged period of time was always a valid reason. Justinian added
+also[252] that a man who dismissed his wife without any of the legal
+causes mentioned above existing or who was himself guilty of any of
+these offences must give to his wife one fourth of his property up to a
+sum not to exceed one hundred _librae_ of gold, if he owned property
+worth four hundred _librae_ or more; if he had less, one fourth of all
+he possessed was forfeit. The same penalties held for the wife who
+presumed to dismiss her husband without the offences legally recognised
+existing. The forfeited money was at the free disposal of the blameless
+party if there were no children; these being extant, the property must
+be preserved intact for their inheritance and merely the usufruct could
+be enjoyed by the trustees. A woman who secured a divorce through a
+fault of her husband had always to wait at least a year before marrying
+again _propter seminis confusionem_.[253]
+
+[Sidenote: Justin revokes decrees of Justinian.]
+
+Justin, the nephew and successor of Justinian, reaffirmed the right to
+divorce by mutual consent, thus abrogating the laws of his
+predecessors.[254] Justinian had ordained that if husband and wife
+separated by mutual consent, they were to be forced to spend the rest of
+their lives in a convent and forfeit to it one third of their
+goods.[255] Justin, then, made the pious efforts of his uncle naught.
+Nothing can more clearly illustrate than his decree how small a power
+the Church still possessed to mould the tenor of the law; for such a
+thing as divorce by mutual consent, without any necessary reason, was a
+serious misdemeanour in the eyes of the Church Fathers, who passed upon
+it their severest censures.
+
+[Sidenote: Adultery.]
+
+On the subject of adultery Justinian enacted that if the husband was the
+guilty party, the dowry and marriage donations must be given his wife;
+but the rest of his property accrued to his relatives, both in ascending
+and descending lines, to the third degree; these failing, his goods
+were confiscated to the royal purse.[256] A woman guilty of adultery was
+at once sent to a monastery. After a space of two years her husband
+could take her back again, if he so wished, without prejudice. If he did
+not so desire, or if he died, the woman was shorn and forced to spend
+the rest of her life in a nunnery; two thirds of her property were given
+to her relatives in descending line, the other third to the monastery;
+if there were no descendants, ascendants got one third and the monastery
+two thirds; relatives failing, the monastery took all; and in all cases
+goods inserted in the dowry contract were to be kept for the
+husband.[257]
+
+[Sidenote: Second marriages.]
+[Sidenote: Strict laws of Gratian, Valentinian, and Theodosius.]
+
+The legislation of the earlier Christian emperors on second marriages
+reflects the various feelings of the Church Fathers on the subject.
+Under the old law, people could marry as often as they wished without
+any penalties.[258] But we have seen that among some of the Churchmen
+second marriages were held in peculiar abhorrence, and third nuptials
+were regarded as a hideous sin; while the orthodox clergy, like St.
+Augustine and St. Jerome, permitted second and third marriages, but
+damned them with faint praise and urged Christians to be content with
+one venture. Public opinion, custom, and the influence of the old Roman
+law were too powerful to allow Christian monarchs to become fanatical on
+the subject[259]; but certain stricter regulations were introduced by
+the pious Gratian, Valentinian, and Theodosius, in the years 380, 381,
+and 382.[260] As under the old laws any widow who married again before
+the legal time of mourning--a year--had expired, became infamous and
+lost both cast and all claims to the goods of her deceased husband. She
+was furthermore not permitted to give a second husband more than one
+third of her property nor leave him more than one third by will; and she
+could receive no intestate succession beyond the third degree. A woman
+who proceeded to a second marriage after the legal period of mourning,
+must make over at once to the children of the first marriage all the
+property which her former husband had given or left to her. As to her
+own personal property, she was allowed to possess it and enjoy the
+income while she lived, but not to alienate it or leave it by will to
+any one except the children of the first marriage. As I have before
+remarked, Roman law constantly had the interest of the children at
+heart.[261] If there was no issue of the first marriage, then the woman
+had free control. A mother acquired full right--as the old Senatus
+consultum Tertullianum had decreed--to the property of a son or daughter
+who died childless[262]; but if she married a second time, and her son
+or daughter died without leaving children or grandchildren, she was
+expelled from all succession and distant relatives acquired the
+property.[263]
+
+[Sidenote: Justinian moderates these laws to a great degree.]
+
+Justinian changed these enactments to a pronounced degree. "We are not
+making laws that are too bitter against women who marry a second time,"
+he remarks,[264] "and we do not want to lead them, in consequence of
+such action, to the harsh necessity, unworthy of our age, of abstaining
+from a chaste second marriage and descending to illegitimate
+connections." He ordained, therefore, that the law mentioned above be
+annulled and that mothers should have absolutely unrestricted rights of
+inheritance to a deceased child's property along with the latter's
+brothers and sisters; and second marriage was never to create any
+prejudice.[265] In the earlier part of his reign Justinian also forbade
+husband or wife to leave one another property under the stipulation that
+the surviving partner must not marry again[266]; but later, when his
+zeal for reform had become more pronounced and fanatical, he revoked
+this and gave the conditioned party the option either of enjoying the
+property by remaining unmarried or of forfeiting it by a second
+union.[267]
+
+[Sidenote: Breaking of engagements.]
+
+Constantine ordained,[268] in the year 336, that if an engagement was
+broken by the death of one of the contracting parties and if the
+_osculum_[269] had taken place, half of whatever donations had been
+given was to be handed over to the surviving party and half to the heirs
+of the deceased; but if the solemn _osculum_ had not yet taken place,
+all gifts went to the heirs of the deceased. There was also a law that
+if either party broke the engagement to enter monastic life, the man who
+did so lost all that he had given by way of earnest money for the
+marriage contract (_arrarum nomine_); if it was the woman who took the
+initiative, she was compelled to return twice the amount of any sums she
+had received. This was changed by Justinian, who enacted that those who
+broke an engagement to enter monastic life should merely return or
+receive whatever donations had been made.[270] Constantine and his
+successors abrogated the old time Julian laws, which had inflicted
+certain penalties--such as limited rights of inheritance--on men and
+women who did not marry.[271]
+
+[Sidenote: Changes in the law of gifts.]
+
+I have already pointed out that gifts between husband and wife were
+illegal and I have explained the reasons. Justinian allowed the husband
+to make donations to his wife, in such wise, however, that all chance of
+intent to defraud might be absent.[272] He ordained also that if husband
+or wife left the married state to embrace a celibate life, each party
+was to keep his or her own property as per marriage contract or as each
+would legitimately in the case of the other's death.[273] If any one,
+after vowing the monastic life, returned to the world, his or her goods
+were forfeit to the monastery which he or she had left.[274]
+
+[Sidenote: Various enactments on marriage.]
+
+The consent of the father or, if he was dead, of near relatives was
+emphatically declared necessary by the Christian emperors for a marriage
+and the woman had practically no will of her own although, if several
+suitors were proposed to her, she might be requested to name which one
+she preferred.[275] Marriage with a Jew was treated as adultery.[276]
+Women who belonged to heretical sects were to have no privileges.[277]
+Justinus and Justinian abrogated the old law which forbade senators to
+marry freedwomen or any woman who had herself or whose parents had
+followed the stage. Actresses were now permitted, on giving up their
+profession, to claim all the rights of other free women; and a senator
+could marry such or even a freedwoman without prejudice.[278]
+
+[Sidenote: Changes in the laws of inheritance.]
+
+Under the old law, as we have seen, a son and a daughter had equal
+rights to intestate succession; but beyond the relationship of daughter
+to father or sister to brother women had no rights to intestate
+succession unless there were no agnates, that is, male relatives on the
+father's side. Thus, an aunt would not be called to the estate of a
+nephew who died childless, but the uncle was regularly admitted. So,
+too, a nephew was admitted to the intestate succession of an uncle, who
+died without issue, but the niece was shut out. All this was changed by
+Justinian, who gave women the same rights of inheritance as men under
+such conditions.[279] If the children were unorthodox, they were to have
+absolutely no share of either parent's goods.[280]
+
+[Sidenote: Women as guardians.]
+
+[Sidenote: In suits.]
+
+The Christian emperors permitted widows to be guardians over their
+children if they promised on oath not to marry again and gave security
+against fraud.[281] Justinian forbade women to act by themselves in any
+legal matters.[282]
+
+[Sidenote: Bills of attainder.]
+
+Arcadius and Honorius (397 A.D.) enacted some particularly savage bills
+of attainder, which were in painful contrast to the clemency of their
+pagan predecessors. Those guilty of high treason were decapitated and
+their goods escheated to the crown. "To the sons of such a man [i.e.,
+one condemned for high treason]," write these amiable Christians,[283]
+"we allow their lives out of special royal mercy--for they ought really
+to be put to death along with their fathers--but they are to receive no
+inheritances. Let them be paupers forever; let the infamy of their
+father ever follow them; they may never aspire to office; in their
+lasting poverty let death be a relief and life a punishment. Finally,
+any one who tries to intercede for these with us is also to be
+infamous."[284] However, to the daughters of the condemned these
+emperors graciously granted one fourth of their mother's but not any of
+their father's goods. In the case of crimes other than high treason the
+children or grandchildren were allowed one half of the estate.[285]
+Constantine decreed that a wife's property was not to be affected by the
+condemnation of her husband.[286]
+
+[Sidenote: Rape.]
+
+Ravishers of women, even of slaves and freedwomen, were punished by
+Justinian with death; but in the case of freeborn women only did the
+property of the guilty man and his abettors become forfeit to the
+outraged victim. A woman no longer had the privilege of demanding her
+assailant in marriage.[287]
+
+
+SOURCES
+
+Roman Law as cited in Chapter I, especially the _Novellae_ of Justinian.
+
+NOTES:
+
+[249] Codex, v, 17, 8 contains this rescript in full.
+
+[250] Codex, v, 17, 10.
+
+[251] Codex, v, 17, 11.
+
+[252] Id.
+
+[253] Novellae, 22, 18.
+
+[254] Novellae, 140, 1: Antiquitus quidem licebat sine periculo tales
+(i.e., those of incompatible temperament) ab invicem separari secundum
+communem voluntatem et consensum hoc agentes, sicut et plurimae tunc
+leges extarent hoc dicentes et _bona gratia_ sic procedentem solutionem
+nuptiarum patria vocitantes voce. Postea vero divae memoriae nostro
+patri.... legem sancivit prohibens cum consensu coniugia solvi.... Haec
+igitur aliena nostris iudicantes temporibus in praesenti sacram
+constituimus legem, per quam sancimus licere ut antiquitus consensu
+coniugum solutiones nuptiarum fieri.
+
+[255] Novellae, 134, 11.
+
+[256] Novellae, 134, 10.
+
+[257] Novellae, 134, 10.
+
+[258] Novellae, 22 (praefatio): Antiquitas equidem non satis aliquid de
+prioribus aut secundis perserutabatur nuptiis, sed licebat et patribus
+et matribus et ad plures venire nuptias et lucro nullo privari, et causa
+erat in simplicitate confusa.
+
+[259] The language of some of them is pretty strong, however--matre iam
+secundis nuptiis _funestata_--Codex, v, 9, 3 (Gratian, Valentinian,
+Theodosius).
+
+[260] For these see Codex, v, 9, 1 and 2 and 3.
+
+[261] Cf. Codex, v, 9, 4. Nos enim hac lege id praecipue custodiendum
+esse decrevimus, ut ex quocumque coniugio suscepti filii patrum suorum
+sponsalicias retineant facilitates.
+
+[262] Codex, vi, 56, 5.
+
+[263] Novellae, ii, 3: ex absurditate legis, licet praemoriantur filii
+omnes, non relinquentes filios aut nepotes, nihilominus supplicium
+manet, et non succedit eis mater, sed expellitur ab eorum inhumane
+successione ... sed succedunt quidem illis aliqui ex longa cognatione.
+
+[264] Novellae, ii, 3.
+
+[265] Novellae ii, 3.
+
+[266] Codex, vi, 40, 2 and 3.
+
+[267] Novellae, 22, 44: unde sancimus, si quis prohibuerit ad aliud
+venire matrimonium, etc.
+
+[268] Codex, v, 3, 16.
+
+[269] The _osculum_ was a sort of "donation on account of marriage" made
+on the day of the formal engagement.
+
+[270] Codex, i, 3, 54 (56).
+
+[271] Codex, viii, 57 (58), I and 2. Cf. Codex, viii, 58 (59), 1 and 2.
+
+[272] Codex, v, 3, 10.
+
+[273] Codex, i, 3, 54 (56). Gregory of Tours informs us that according
+to the Council of Nicaea--325 A.D.--a wife who left her husband, to whom
+she was happily married, to enter a nunnery incurred excommunication. He
+means probably: if she went without her husband's consent. Greg. 9, 33:
+Tunc ego accedens ad monasterium canonum Nicaenorum decreta relegi, in
+quibus continetur: quia si quae reliquerit virum et thorum, in quo bene
+vexit, spreverit, dicens quia non sit ei portio in illa caelestis regni
+gloria qui fuerit coniugio copulatus, anathema sit. (Note of editor:
+Videtur esse canon 14 concilii Grangensis, quod concilium veteres
+Nicaeno subiungere solebant; idque indicat titulus in veteribus
+scriptis.)
+
+[274] Codex, i, 3, 54 (56).
+
+[275] Codex, v, 4, 20, and 5, 18.
+
+[276] Codex, i, 9, 6.
+
+[277] Novellae, cix, 1.
+
+[278] Codex, v, 4, 23 and 28.
+
+[279] Codex, vi, 58, 14.
+
+[280] Codex, i, 5, 19.
+
+[281] Codex, v, 35, 2 and 3.
+
+[282] Codex, ii, 55, 6.
+
+[283] Codex, ix, 8, 5.
+
+[284] This law was evidently lasting, for it is quoted with approval by
+Pope Innocent III, in the year 1199--see Friedberg, _Corpus Iuris
+Canonici_, vol. ii, p. 782.
+
+[285] Codex, ix, 49, 10.
+
+[286] Codex, v, 16, 24.
+
+[287] For all these enactments see Codex, i, 3, 53 (54), and ix, 13.
+
+
+
+
+CHAPTER IV
+
+WOMEN AMONG THE GERMANIC PEOPLES
+
+
+A second world force had now come into its own. The new power was the
+Germanic peoples, those wandering tribes who, after shattering the Roman
+Empire, were destined to form the modern nations of Europe and to find
+in Christianity the religion most admirably adapted to fill their
+spiritual needs and shape their ideals. In the year 476 the barbarian
+Odoacer ascended the throne of the Caesars. He still pretended to govern
+by virtue of the authority delegated to him by Zeno, emperor at
+Constantinople; but the rupture between East and West was becoming final
+and after the reign of Justinian (527-565) it was practically complete.
+Henceforth the eastern empire had little or nothing to do with western
+Europe and subsisted as an independent monarchy until Constantinople was
+taken by the Turks in 1453. I shall not concern myself with it any
+longer.
+
+In western Europe, then, new races with new ideals were forming the
+nations that to-day are England, Germany, France, Spain, Italy, and
+Austria. It is interesting to note what some of these barbarians
+thought about women and what place they assigned them.
+
+[Sidenote: Julius Caesar's account.]
+
+Our earliest authorities on the subject are Julius Caesar and Tacitus.
+Caesar informs us[288] that among the Gauls marriage was a well
+recognized institution. The husband contributed of his own goods the
+same amount that his wife brought by way of dowry; the combined property
+and its income were enjoyed on equal terms by husband and wife. If
+husband or wife died, all the property became the possession of the
+surviving partner. Yet the husband had full power of life and death over
+his wife as over his children; and if, upon the decease of a noble,
+there were suspicions regarding the manner of his death, his wife was
+put to inquisitorial torture and was burnt at the stake when adjudged
+guilty of murder. Among the Germans women seem to have been held in
+somewhat greater respect. German matrons were esteemed as prophetesses
+and no battle was entered upon unless they had first consulted the lots
+and given assurance that the fight would be successful.[289] As for the
+British, who were not a Germanic people, Caesar says that they practiced
+polygamy and near relatives were accustomed to have wives in
+common.[290]
+
+[Sidenote: The account of Tacitus.]
+
+Tacitus wrote a century and a half after Julius Caesar when the tribes
+had become better known the Romans; hence we get from him more detailed
+information. From him we learn that both the Sitones--a people of
+northern Germany--and the British often bestowed the royal power on
+women, a circumstance which aroused the strong contempt of Tacitus, who
+was in this respect of a conservative mind.[291] The Romans had, indeed,
+good reason to remember with sorrow the valiant Boadicea, queen of the
+Britons.[292] Regarding the Germans Tacitus wrote a whole book in which
+he idealises that nation as a contrast to the lax morality of civilised
+Rome, much as Rousseau in the eighteenth century extolled the virtues of
+savages in a state of nature. What Tacitus says in regard to lofty
+morals we shall do well to take with a pinch of salt; but we may with
+more safety trust his accuracy when he depicts national customs. From
+Tacitus we learn that the Germans believed something divine resided in
+women[293]; hence their respect for them as prophetesses.[294] One
+Velaeda by her soothsaying ruled the tribe of Bructeri completely[295]
+and was regarded as a goddess,[296] as were many others.[297] The German
+warrior fought his best that he might protect and please his wife.[298]
+The standard of conjugal fidelity was strict[299]; men were content with
+one wife, although high nobles were sometimes allowed several wives as
+an increase to the family prestige.[300] The dowry was brought not by
+the wife to the husband, but to the wife by the husband--evidently a
+survival of the custom of wife purchase; but the wife was accustomed to
+present her husband with arms and the accoutrements of war.[301] She was
+reminded that she took her husband for better and worse, to be a
+faithful partner in joy and sorrow until death.[302] A woman guilty of
+adultery was shorn and her husband drove her naked through the village
+with blows.[303]
+
+[Sidenote: The written laws of the barbarians.]
+
+We see, then, that by no means all of these barbarian nations had the
+same standards in regard to women. Of written laws there were none as
+yet. But contact with the civilisation of Rome had its effect; and when
+Goths, Burgundians, Franks, and Lombards had founded new states on the
+ruins of the western Roman Empire, the national laws of the Germanic
+tribes began to be collected and put into writing at the close of the
+fifth century. Between the fifth and the ninth centuries we get the
+Visigothic, Burgundian, Salic, Ripuarian, Alemannic, Lombardian,
+Bavarian, Frisian, Saxon, and Thuringian law books. They are written in
+medieval Latin and are not elaborated on a scientific basis. Three
+distinct influences are to be seen in them: (1) native race customs,
+ideals, and traditions; (2) Christianity; (3) the Roman civil law, which
+was felt more or less in all, but especially in the case of the
+Visigoths; as was natural, since this people had been brought into
+closest touch with Rome. Inasmuch as the barbarians allowed all peoples
+conquered by them to be tried under their own laws, the old Roman civil
+law was still potent in all its strength in cases affecting a Roman. Let
+us endeavour to glean what we can from the barbarian codes on the matter
+of women's rights.
+
+[Sidenote: Guardianship.]
+
+The woman was always to be under guardianship among the Germanic peoples
+and could never be independent under any conditions. Perhaps we should
+rather call the power (_mundium_) wielded by father, brother, husband,
+or other male relative a protectorate; for in those early days among
+rude peoples any legal action might involve fighting to prove the merits
+of one's case, and the woman would therefore constantly need a champion
+to assert her rights in the lists. Thus the woman was under the
+perpetual guardianship of a male relative and must do nothing without
+his consent, under penalty of losing her property.[304] Her guardian
+arranged her marriage for her as he wished, provided only that he chose
+a free man for her husband[305]; if the woman, whether virgin or widow,
+married without his consent, she lost all power to inherit the goods of
+her relatives[306]; and her husband was forced to pay to her kin a
+recompense amounting to 600 _solidi_ among the Saxons, 186 among the
+Burgundians.[307]
+
+[Sidenote: Marriage.]
+
+The feeling of caste was very strong; a woman must not marry below her
+station.[308] By a law of the Visigoths she who tried to marry her own
+slave was to be burned alive[309]; if she attempted it with another's
+bondman, she merited one hundred lashes.[310] The dowry was a fixed
+institution as among the Romans; but the bridegroom regularly paid a
+large sum to the father or guardian of the woman. This _wittemon_ was
+regarded as the price paid for the parental authority (_mundium_) and
+amounted among the Saxons to 300 _solidi_.[311] As a matter of fact this
+custom practically amounted to the intended husband giving the dowry to
+his future wife. The husband was also allowed to present his wife with a
+donation (_morgengabe_) on the morning after the wedding; the amount
+was limited by King Liutprand to not more than one fourth of all his
+goods.[312] Breaking an engagement after the solemn betrothal had been
+entered into was a serious business. The Visigoths refused to allow one
+party to break an engagement without the consent of the other; and if a
+woman, being already engaged, went over to another man without her
+parent's or fiancé's leave, both she and the man who took her were
+handed over as slaves to the original fiancé.[313] The other barbarians
+were content to inflict a money fine for breach of promise.[314]
+
+[Sidenote: Power of the husband.]
+
+The woman on marrying passed into the power of her husband "according to
+the Sacred Scriptures," and the husband thereupon acquired the lordship
+of all her property.[315] The law still protected the wife in some ways.
+The Visigoths gave the father the right of demanding and preserving for
+his daughter her dowry.[316] The Ripuarians ordained that whatever the
+husband had given his wife by written agreement must remain
+inviolate.[317] King Liutprand made the presence of two or three of the
+woman's male relatives necessary at any sale involving her goods, to see
+to it that her consent to the sale had not been forced.[318]
+
+[Sidenote: Divorce.]
+
+On the subject of divorce the regulations of the several peoples are
+various; but the commands of the New Testament are alike strongly felt
+in all; and we may expect to find divorce limited by severe
+restrictions.[319] The Burgundians allowed it only for adultery or grave
+crimes, such as violating tombs. If a wife presumed to dismiss her
+husband for any other cause, she was put to death (_necetur in luto_);
+to a husband who sent his wife a divorce without these specific reasons
+existing the law was more indulgent, allowing him to preserve his life
+by paying to his injured wife twice the amount that he had originally
+given her parents for her, and twelve _solidi_ in addition; and in case
+he attempted to prove her guilty of one of the charges mentioned above
+and she was adjudged innocent, he forfeited all his goods to her and was
+forced to leave his home.[320] The Visigoths were equally strict; the
+husband who dismissed his wife on insufficient legal grounds lost all
+power over her and must return all her goods; his own must be preserved
+for the children; if there were none, the wife acquired his property. A
+woman who married a divorced man while his first wife was living, was
+condemned for adultery and accordingly handed over to the first wife to
+be disposed of as the latter wished; exile, stripes, and slavery were
+the lot of a man who took another wife while his first partner was still
+alive.[321] The Alemanni and the Bavarians, who were more remote from
+Italy and hence from the Church, were influenced more by their own
+customs and allowed a pecuniary recompense to take the place of the
+harsher enactments.[322]
+
+[Sidenote: Adultery.]
+
+Adultery was not only a legal cause for divorce, but also a grave crime.
+All the barbarian peoples are agreed in so regarding it, but their
+penalties vary according as they were more or less affected by proximity
+to Italy, where the power of the Church was naturally strongest. The
+Ripuarians, the Bavarians, and the Alemanni preferred a money fine
+ranging from fifty to two hundred _solidi_.[323] Among the Visigoths
+the guilty party was usually bound over in servitude to the injured
+person to be disposed of as the latter wished.[324] Sometimes the law
+was harsher to women than to men; thus, according to a decree of
+Liutprand,[325] a husband who told his wife to commit adultery or who
+did so himself paid a mulct of fifty _solidi_ to the wife's male
+relatives; but if the wife consented to or hid the deed, she was put to
+death. The laws all agree that the killing of adulterers taken in the
+act could not be regarded as murder.
+
+[Sidenote: The Church indulgent toward kings.]
+
+It is always to be remembered that although the statutes were severe
+enough, yet during this period, as indeed throughout all history, they
+were defied with impunity. Charlemagne, for example, the most Christian
+monarch, had a large number of concubines and divorced a wife who did
+not please him; yet his biographer Einhard, pious monk as he was, has no
+word of censure for his monarch's irregularities[326]; and policy
+prevented the Church from thundering at a king who so valiantly crushed
+the heretics, her enemies. Bishop Gregory of Tours tells us without a
+hint of being shocked that Clothacharius, King of the Franks, had many
+concubines.[327] Concubinage was, in fact, the regular thing.[328] But
+neither in that age, nor later in the case of Louis XIV, nor in our own
+day in the case of Leopold of Belgium has the Church had a word of
+reproach for monarchs who broke with impunity moral laws on which she
+claims always to have insisted without compromise.
+
+[Sidenote: Remarriage.]
+
+In accordance with the commands of Scripture neither the divorced man
+nor the divorced woman could marry again during the lifetime of the
+other party. To do so was to commit adultery, for which the usual
+penalties went into effect.
+
+[Sidenote: Property rights and powers.]
+
+A woman's property would consist of any or all of these:
+
+I. Her share of the property of parents or brothers and sisters.
+
+II. Her dowry and whatever nuptial donations (_morgengabe_) her husband
+had given her, and whatever she had earned together with her husband.
+
+There could be no account of single women's property or disposal of what
+they earned, because in the half-civilised state of things which then
+obtained there was no such thing as women engaging in business; indeed,
+not even men of any pretension did so; war was their work. The unmarried
+woman was content to sit by the fire and spin under the guardianship
+and support of a male relative. Often she would enter a convent.
+
+I shall first discuss the laws of inheritance as affecting women, in
+order to note what property she was allowed to acquire. In this
+connection it is well to bear in mind a difference between Roman and
+Germanic law. The former viewed an inheritance as consisting always of a
+totality of all goods, whether of money, land, movables, cattle, dress,
+or what not. But among the Germanic peoples land, money, ornaments, and
+the like were regarded as so many distinct articles of inheritance, to
+some of which women might have legal claims of succession, but not
+necessarily to all. This is most emphatically shown in the case of land.
+Of all the barbarian peoples, the Ripuarians alone allowed women the
+right to succeed to land.[329] Among other nations a daughter or sister
+or mother, whoever happened to be the nearest heir, would get the money,
+slaves, etc., but the nearest _male_ kin would get the land.[330] Only
+if male kin were lacking to the fifth degree--an improbable
+contingency--did alodial inheritance "pass from the lance to the
+spindle."[331] In respect to all other things a daughter was co-heir
+with a son to the estate of a father or mother. According to the Salic
+and Ripuarian law this would be one order of succession[332]:
+
+   I. Children of the deceased.
+  II. These failing, surviving mother or father
+of deceased.
+ III. These failing, brother or sister of deceased.
+  IV. These failing, sister of mother of deceased.
+   V. These failing, sister of father of deceased.
+  VI. These failing, male relatives on father's side.
+
+It will be observed that in such a succession these laws are more
+partial to women relatives than the Roman law; an aunt, for example, is
+called before an uncle. An uncle would certainly exclude an aunt under
+the Roman law; but most of the Germanic codes allowed them an equal
+succession.[333] Nevertheless, when women did inherit under the former,
+they acquired the land also. Moreover, the woman among the Germanic
+nations must always be under guardianship; and whereas under the Empire
+the power of the guardian was in practice reduced to nullity, as I have
+shown, among the barbarians it was extremely powerful, because to assert
+one's rights often involved fighting in the lists to determine the
+judgment of God. It was a settled conviction among the Germanic peoples
+that God would give the victory to the rightful claimant. As women could
+not fight, a champion or guardian was a necessity. This was not true in
+Roman courts, which preferred to settle litigation by juristic reasoning
+and believed, like Napoleon, that God, when appealed to in a fight, was
+generally on the side of the party who had the better artillery.
+
+Children inherited not only the estate but also the friendships and
+enmities of their fathers, which it was their duty to take up.
+Hereditary feuds were a usual thing.[334] King Liutprand ordaine[335]
+however, that if a daughter alone survived, the feud was to be brought
+to an end and an agreement effected.
+
+Some of the nations seem to have provided that children must not be
+disinherited except for very strong reasons; for example, the law of the
+Visigoths[336] forbids more than one third of their estate being
+alienated by mother or father, grandmother or grandfather. The Alemanni
+permitted a free man to leave all his property to the Church and his
+heirs had no redress[337]; but the Bavarians compelled him before
+entering monastic life to distribute among his children their
+proportionate parts.[338]
+
+[Sidenote: Property of the married woman.]
+
+We may pass now to the property rights of the married woman. The
+relation of her husband to the dowry I have already explained. The dowry
+was conceived as being ultimately for the children; only when there were
+no children, grandchildren, or great-grandchildren did the woman have
+licence to dispose of the dowry as she wished: this was the law among
+the Visigoths.[339] The dowry, then, was to revert to the children or
+grandchildren at the death of the wife; if there were none such, to the
+parents or relatives who had given her in marriage; these failing, it
+escheated to the Crown--so according to Rotharis.[340] By the laws of
+the Visigoths[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 civilisation was in a state of flux, and immediate
+practical convenience was the only guide. They were content to fix the
+penalties for such outrages as murder, rape, insult, assault, and the
+like in money; the Visigoths alone were more stringent in a case of
+rape, adding 200 lashes and slavery to the ravisher of a free woman who
+had accomplished his purpose.[350] Some enactments which may well strike
+us as peculiar deserve notice. For example, among the Saxons the theft
+of a horse or an ox or anything worth three _solidi_ merited death; but
+murder was atoned for by pecuniary damages.[351] Among the Burgundians,
+if a man stole horses or cattle and his wife did not at once disclose
+the deed, she and her children who were over fourteen were bound over in
+slavery to the outraged party "because it hath often been ascertained,
+that these women are the confederates of their husbands in crime."[352]
+
+The most minute regulations prevailed on the subject of injury to women.
+Under the Salic law[353] for instance, if a free man struck a free women
+on the fingers or hand, he had to pay fifteen _solidi_; if he struck her
+arm, thirty _solidi_; if above her elbow, thirty-five _solidi_; if he
+hit her breast, forty-five _solidi_. The penalties for murdering a free
+woman were also elaborated on the basis of her value to the state as a
+bearer of children. By the same Salic law[354] injury to a pregnant
+woman resulting in her death merited a fine of seven hundred _solidi_;
+but two hundred was deemed sufficient for murder of one after her time
+for bearing children had passed. Similarly, for killing a free woman
+after she had begun to have children the transgressor paid six hundred
+_solidi_; but for murdering an unmarried freeborn girl only two hundred.
+The murder of a free woman was punished usually by a fine (_wergeld_)
+equal to twice the amount demanded for a free man "because," as the law
+of the Bavarians has it,[355] "a woman can not defend herself with arms.
+But if, in the boldness of her heart (per audaciam cordis sui), she
+shall have resisted and fought like a man, there shall not be a double
+penalty, but only the recompense usual for a man [160 _solidi_]." Fines
+were not paid to the state, but to the injuried parties or, if these did
+not survive, to the nearest kin. If the fine could not be paid, then
+might death be meted to the guilty.[356]
+
+Another peculiar feature of the Germanic law was the appeal to God to
+decide a moot point by various ordeals. For example, by the laws of the
+Angles and Werini, if a woman was accused of murdering her husband, she
+would ask a male relative to assert her innocence by a solemn oath[357]
+or, if necessary, by fighting for her as her champion in the lists. God
+was supposed to give the victory to the champion who defended an
+innocent party. If she could find no champion, she was permitted to
+walk barefoot over nine red-hot ploughshares[358]; and if she was
+innocent, God would not, of course, allow her to suffer any injury in
+the act.
+
+[Sidenote: Women in slavery.]
+
+Perhaps a word on the status of women in slavery among the Germanic
+nations will not be out of place. The new nations looked upon a slave as
+a chattel, much as the Romans did. If a wrong was done a slave woman,
+her master received a recompense from the aggressor, but she did not,
+for to hold property was denied her. But we may well believe that the
+great value which the Church put on chastity and conjugal fidelity
+rendered the slave woman less exposed to the brutal passions of her lord
+than had been the case under the Empire. Thus, by a law of King
+Liutprand, a master who committed adultery with the wife of a slave was
+compelled to free both[359]; and the Visigot[360] inflicted fifty
+lashes and a fine of twenty _solidi_ upon the man who used violence to
+another man's slave woman.
+
+On comparing the position of women under Roman law and under the
+Germanic nations, as we have observed them thus far, we should note
+first of all that under the latter women benefited chiefly by the
+insistence of the Church on the value of chastity in both sexes. That
+in those days the passions of men were difficult to restrain in practice
+does not invalidate the real service done the world by the ideal that
+was insisted upon,[361] an ideal which was certainly not held in pagan
+antiquity except by a few great minds. Although the social position of
+woman was thus improved, the character of the age and the sentiments of
+the Bible which I have already quoted made her status far inferior to
+her condition under Roman law so far as her legal rights were concerned.
+In a period[362] when the assertion of one's rights constantly demanded
+fighting, the woman was forced to rely on the male to champion her; the
+Church, in accordance with the dicta of the Apostles, encouraged and
+indeed commanded her to confine herself to the duties of the household,
+to leave legal matters to men, and to be guided by their advice; and
+thus she was prevented from asserting herself out of regard for the
+strong public opinion on the subject, which was quite alien to the
+sentiments of the old Roman law. Henceforward also we are to have law
+based on old customs and _theology_,[363] not on practical convenience
+or scientific reasoning.
+
+
+SOURCES
+
+I. Corpus Iuris Germanici Antiqui: edidit Ferd. Walter.
+Berolini--impensis G. Reimeri, 1824. 3 vols.
+
+II. C. Iulii Caesaris Commentarii de Bello Gallico: recognovit Geo.
+Long. Novi Eboraci apud Harperos Fratres. 1883
+
+III. Cornelii Taciti libri qui supersunt: quartum recognovit Carolus
+Halm. Lipsiae (Teubner), 1901.
+
+IV. Sancti Georgii Florentii Gregorii, Episcopi Turonensis, Historiae
+Ecclesiasticae Francorum libri decem: edidit J. Guadet et N.R. Taranne.
+Parisiis, apud Julium Renouard et Socios, 1838.
+
+V. Iordanis de Origine Actibusque Getorum: edidit Alfred Holder.
+Freiburg und Tubingen; Verlagsbuchhandlung von J. C.B. Mohr.
+
+VI. Widukindi Rerum Gestarum Saxonicarum libri tres. Accedit libellus de
+Origine Gentis Suevorum. Editio quarta: post Georgium Waitz recognovit
+Karolus A. Kehr. Hannoverae et Lipsiae Impensis Bibliopolii Hahniani,
+1904.
+
+VII. Procopii Caesariensis opera omnia: recognovit Jacobus Haury.
+Lipsiae. (Teubner). 1905.
+
+VIII. Einhardi Vita Karoli Magni. Editio quinta. Post G.H. Perte
+recensuit G. Waitz. Hannoverae et Lipsiae, 1905.
+
+IX. Pauli Historia Langobardorum: edidit Georg Waitz. Hannoverae,
+impensis Bibliopolii Hahniani, 1878.
+
+NOTES:
+
+[288] _de Bell. Gall_., vi, 19.
+
+[289] Id., i, 50.
+
+[290] Id., v, 14.
+
+[291] _Agricola_, 16. _Germania_, 45: Suionibus Sitonum gentes
+continuantur. Cetera similes, uno differunt, quod femina dominatur; in
+tantum non modo a libertate, sed etiam a servitute degenerant. No woman
+ever reigned alone as queen of the Roman Empire until 450 A.D., when
+Pulcheria, sister of Theodosius II, ascended the throne of the East; but
+she soon took the senator Marcian in marriage and made him king.
+
+[292] _Agricola_, 16.
+
+[293] _Germania_, 8.
+
+[294] Procopius, _de bello Vandalico_, ii, 8, observes the same thing
+among the Maurousians, or Moors, in northern Africa: [Greek: andra gar
+manteuesthai en tô ethnei toutô ou themis, alla gunaikes sphisi katochoi
+hek dê tinos lerourgias ginomenai prolegousi ta esomena, tôn palai
+chrêstêriôn oudenos êsson.]
+
+[295] Tacitus, _Hist_., iv, 61, and v, 24.
+
+[296] Id., _Germania_, 8.
+
+[297] Ibid., 8.
+
+[298] Ibid., 7.
+
+[299] Ibid., 17.
+
+[300] Ibid.
+
+[301] Ibid., 18.
+
+[302] Ibid., 18 and 19.
+
+[303] Ibid., 19.
+
+[304] Liutprand, i, 5: Si filiae aut sorores contra voluntatem patris
+aut fratris egerint, potestatem habet pater aut frater iudicandi res
+suas quomodo aut qualiter voluerit.
+
+[305] Leges Liutprandi, vi, 119: si quis filiam suam aut sororem alii
+sponsare voluerit, habeat potestatem dandi cui voluerit, libero tamen
+homini. Lex Wisigothorum, iii, 1, 7 and 8.
+
+[306] Leges Liutprandi, vi, 119. Lex Angliorum et Werinorum, x, 2: si
+libera femina sine voluntate patris aut tutoris cuilibet nupserit,
+perdat omnem substantiam quam habuit vel habere debuit. Reply of a
+bishop quoted by Gregory of Tours, 9, 33: quia sine consilio parentum
+eam coniugio copulasti, non erit uxor tua. But the law of the Visigoths
+(iii, i, 8, and 2,8) merely deprived her of succession to the estate of
+her parents.
+
+[307] Lex Saxonum, vi, 2: Si autem sine voluntate parentum, puella tamen
+consentiente, ducta fuerit (uxorem ducturus) bis ccc solidos parentibus
+eius componat. Lex Burgundionum: _Add_., 14. cf. Edictum Rotharis, 188:
+si puella libera aut vidua sine voluntate parentum ad maritum
+ambulaverit, liberum tamen, tunc maritus, qui eam acceperit uxorem,
+componat pro anagrip solidos XX et propter faidam alios XX.
+
+[308] By a law of the Alemanni (_Tit_., 57), if two sisters were
+heiresses to a father's estate and one married a vassal (_colonus_) of
+the King or Church and the other became the wife of a free man equal to
+her in rank, the latter only was allowed to hold her father's land,
+although the rest of the goods were divided equally.
+
+[309] Lex Wisigothorum, iii, 2, 2.
+
+[310] Ibid., iii, 2, 3.
+
+[311] Lex Saxonum, vi, I: uxorem ducturus CCC solidos det parentibus
+eius. See also the lex Burgundionum, 66, I and 2 and 3. In the case of a
+widow who married again the gift of the husband was called _reiphe_ or
+_reippus_ and very solemn ceremonies belonged to the giving of it
+according to the Salic law, _Tit_., 47: si, ut fieri adsolet, homo
+moriens viduam dimiserit et cam quis in coniugium voluerit accipere,
+antequam eam accipiat Tunginus aut Centenarius Mallum indicent, et in
+ipso Mallo scutum habere debet, et tres homines vel caussas mandare. Et
+tunc ille, qui viduam accipere vult, cum tribus testibus qui adprobare
+debent, tres solidos aeque pensantes, et denarium habere debet, etc.
+
+[312] Leges Liutprandi, ii, 1.
+
+[313] Lex Wisigothorum, iii, 1, 2 and 3, and iii, 6, 3.
+
+[314] E.g., 62 _solidi_ by the Salic law, _Tit_., 70. See also Lex
+Baiuvariorum, _Tit_., vii, 15 and 16 and 17. Lex Alemannorum, 52, i; 53;
+54.
+
+[315] Lex Burgundionum, _Add. primum_, xiii: quaecumque mulier Burgundia
+vel Romana voluntate sua ad maritum ambulaverit, iubemus ut maritus ipse
+de facultate ipsius mulieris, sicut in eam habet potestatem, ita et de
+rebus suis habeat.
+
+Lex Wisigothorum, iv, 2, 15: Vir qui uxorem suam secundum sacram
+scripturam habet in potestate, similiter et in servis suis potestatem
+habebit, et omnia quae cum servis uxoris suae vel suis in expeditione
+acquisivit, in sua potestate permaneant.
+
+[316] Lex Wisigothorum, iii, Tit. i, 6.
+
+[317] Lex Ripuariorum, 37, 1.
+
+[318] Leges Liutprandi, iv, 4.
+
+[319] That is, for the common people. Kings have always had a little way
+of doing as they pleased. See the anecdote of King Cusupald in Paulus'
+_Hist. Langobard_, i, 21: secunda autem (sc. filia Wacchonis) dicta est
+Walderada, quae sociata est Cusupald, alio regi Francorum, quam ipse
+odio habens uni ex suis, qui dicebatur Garipald, in coniugium tradidit.
+
+[320] For all this see Lex Burgundionum, 34, 1-4.
+
+[321] For all these, see Lex Wisigothorum, iii, 6, 1 and 2.
+
+[322] Capitula Addita ad Legem Alemannorum, 30. Lex Baiuvariorum, vii,
+14.
+
+[323] Lex Ripuariorum, _Tit_., 35. Lex Baiuvariorum, vii. Lex
+Alemannorum, 51, 1.
+
+[324] Lex Wisigothorum, iii, 6, 1 and 2, and iii, 4, 1.
+
+[325] Leges Liutprandi, vi, 130.
+
+[326] Einhard, _Vita Kar. Mag_., 17: Deinde cum matris hortatu filiam
+Desiderii regis Langobardorum duxisset uxorem, incertum qua de causa,
+post annum eam repudiavit et Hildigardam de gente Suaborum praecipuae
+nobilitatis feminam in matrimonium duxit ... Habuit et alias tres filias
+... duas de Fastrada uxore ... tertiam de concubina quadam ... defuncta
+Fastrada ... tres habuit concubinas.
+
+[327] Gregory of Tours, 4, 3.
+
+[328] The concubines of Theodoric--Jordanes, _de orig. acti busque
+Get._, 58. Huga, king of the Franks, had a filium quem ex concubina
+genuit--Widukind, _Res Gest. Sax._, i, 9.
+
+[329] Lex Ripuariorum, _Til_., 48. Lex Angliorum et Werinorum, vi--_de
+alodibus_, 1: hereditatem defuncti filius, non filia suscipiat. Salic
+Law, _Tit_., 62: _de alodis_, 6: de terra vero Salica in mulierem nulla
+portio hereditatis transit, sed hoc virilis sexus adquirat, hoc est,
+filii in ipsa hereditate succedunt. Lex Saxonum, vii, 1: Pater aut mater
+defuncti filio, non filiae hereditatem relinquit.
+
+[330] Cf. Lex Angliorum et Werinorum, vi: _de alodibus_.
+
+[331] Ibid., vi, 8: post quintam autem (sc. generationem) filia ex toto,
+sive de patris sive de matris parte, in hereditatem succedat, et tunc
+demum hereditas ad fusum a lancea transeat.
+
+[332] Lex Salica, _Tit._, 62. Lex Ripuariorum, _Tit._, 56.
+
+[333] Cf. Lex Wisigothorum, iv, 2, 7 and 9.
+
+[334] Tacitus, _Germania_, 21.
+
+[335] Legis Liutprandi, ii, 7.
+
+[336] Lex Wisigothorum, iv, 5, I.
+
+[337] Lex Alemannorum, _Tit._, i.
+
+[338] Lex Baiuvariorum, _Tit._, i.
+
+[339] Lex Wisigothorum, iv, 2, 20.
+
+[340] Edictum Rotharis, i, 121.
+
+[341] Lex Wisigothorum, iv, 2, 13.
+
+[342] Cf. Capitula addita ad legem Alemannorum, 29. Lex Saxonum, viii,
+2.
+
+[343] Cf. lex Wisigothorum, iv, 2, 11: maritus et uxor tunc sibi
+hereditario iure succedant, quando mulla affinitas usque ad septimum
+gradum de propinquis eorum vel parentibus inveniri poterit. See also Lex
+Burgundionum, 14, 1.
+
+[344] Lex Saxonum, ix. Lex Ripuariorum, 37, 2.
+
+[345] Lex Saxonum, viii. Lex Wisigothorum, iv, 3, 3. Lex Burgundionum
+85, 1, and 62, 1.
+
+[346] Lex Burgundionum, 42, 1; 62, 1; 74, 1.
+
+[347] Lex Baiuvariorum, xiv, 9, 1.
+
+[348] Ibid., xiv, 6.
+
+[349] For all this, see Lex Burgundionum, 24 and 62 and 74. Lex
+Wisigothorum, iv, Tit. 3. Lex Baiuvariorum, 14. Lex Alemannorum, 55 and
+56.
+
+[350] Lex Wisigothorum, iii, 3, 1.
+
+[351] Lex Saxonum, iv. In the early days when the Great West of the
+United States was just being opened up and when society there was in a
+very crude state, a horse thief was regularly hanged; but murder was
+hardly a fault.
+
+[352] Lex Burgundionum, 47, 1 and 2. The guilty man was put to death.
+
+[353] Lex Salica, _Tit._, 23.
+
+[354] Id, _Tit._, 28.
+
+[355] Lex Baiuvariorum, _Tit._, xiii, 2.
+
+[356] Cf. lex Salica, _Tit._, 61--a very curious account of formalities
+to be observed in such a case.
+
+[357] It was deemed sufficient for a male relative, say, the father, to
+assert the innocence of the woman under solemn oath: for it was thought
+that he would be unwilling to do this if he knew the woman was guilty
+and so incur eternal Hell-fire as a punishment for perjury. An example
+of this solemn ceremony is told interestingly by Gregory of Tours, 5,
+33. A woman at Paris was charged by her husband's relatives with
+adultery and was demanded to be put to death. Her father took a solemn
+oath that she was innocent. Far from being content with this, the
+husband's kin began a fight and the matter ended in a wholesale butchery
+at the church of St. Dionysius.
+
+[358] Lex Angliorum et Werinorum, xiv: aut si campionem non habuerit,
+ipsa ad novem vomeres ignitos examinanda mittatur.
+
+[359] Leges Liutprandi, vi, 140.
+
+[360] Lex Wisigothorum, iii, 4, 16.
+
+[361] See the interesting story of the girl who slew Duke Amalo, as
+narrated by Gregory of Tours, 9, 27.
+
+[362] The bloody nature of the times is depicted naïvely by Gregory,
+Bishop of Tours, who wrote the history of the Franks. See, e.g., the
+stories of Ingeltrudis, Rigunthis, Waddo, Amalo, etc., in Book 9.
+Gregory was born in 539.
+
+[363] _Corpus Iuris Canonici_ (Friedberg), vol. i, p. 1, _Distinctio
+Prima_: ius naturae est quod in lege et _evangelio_ continetur.
+
+
+
+
+CHAPTER V
+
+DIGRESSION OF THE LATER HISTORY OF ROMAN LAW
+
+
+With Charlemagne, who was crowned Emperor by the Pope in the year 800,
+began the definite union of Church and State and the Church's temporal
+power. Henceforth for seven centuries, until the Reformation, we shall
+have to reckon with canon law as a supreme force in determining the
+question of the position of women. A brief survey of the later history
+of the old Roman Law will not be out of place in order to note what
+influence, if any, it continued to exert down the ages.
+
+The body of the Roman law, compiled by order of Justinian (527-565
+A.D.), was intended primarily for the eastern empire; but when, in the
+year 535, the Emperor conquered the western Goths, who then ruled Italy,
+he ordered his laws taught in the school of jurisprudence at Rome and
+practiced in the courts. I have already remarked that the barbarians who
+overran Italy allowed the vanquished the right to be judged in most
+cases by their own code. But the splendid fabric of the Roman law was
+too elaborate a system to win the attentive study of a rude people; the
+Church had its own canons, the people their own ancestral customs; and
+until the twelfth century no development of the Roman Civil Code took
+place. Finally, during the twelfth century, the great school at Bologna
+renewed the study with vigour, and Italy at the present day derives the
+basic principles of its civil law from the Corpus of Justinian.
+Practically the same story holds true of France,[364] of Spain, and of
+the Netherlands, all of whom have been influenced particularly by the
+great jurists of the sixteenth century who were simply carrying further
+the torch that had been lit so enthusiastically at Bologna in the
+twelfth century.
+
+As to Germany,[365] when that unhappy country had been separated from
+France and Italy after the Treaty of Verdun in 843, Carlovingian law and
+the ancient German law books fell into disuse. The law again rested on
+unwritten customs, on the decisions of the judges and their assessors,
+and on agreements of the interested parties (feudal services and
+tenures). Not till the twelfth and thirteenth centuries was any record
+made of the rules of law which had arisen; many laws of cities on
+various matters and in various provinces were recorded by public
+authority; and thus originated the so-called law books of the Middle
+Ages, the private labours of experienced men, who set forth the legal
+principles which were recognised in all Germany, or at least in certain
+parts of it. There were no law schools as yet, and scientific
+compilation of German law was not even thought of. After the University
+of Bologna had revived the study of Roman law in Italy, the Italian
+universities attracted the German youth, who on their return would
+labour to introduce what they had learned. Their efforts were seconded
+by the clergy, through the close connection with canon law which was in
+force in Germany. German emperors and territorial lords also favoured
+Roman law because they saw how well suited it was to absolutism; they
+liked to engage jurists trained in Italy, especially if they were
+doctors of both canon and Roman law. Nor did the German people object.
+From the fourteenth century many schools of jurisprudence were
+established on Italian models.
+
+At present, the law of Justinian has only such force as is received by
+usage or as it has acquired by recognition. I. The Roman law forms in
+Germany the principal law in some branches, that is, it is in so far its
+basis that the German law is only an addition or modification of it. In
+other branches it is only supplementary, that is, it is merely
+subsidiary to the German law. II. Only the glossed parts and passages of
+Justinian's law collection have binding force in Germany.
+
+III. Only those glossed passages are binding which contain the latest
+rule of law. Consequently the historical materials contained in them,
+though always of great importance for discovering the latest law, have
+not binding force. IV. Those precepts of the Roman law which relate to
+Roman manners and institutions unknown in Germany are inapplicable here,
+though glossed. V. The Roman law has but slight application to such
+objects and transactions as were unknown to the Romans and are of purely
+Germanic origin. VI. With the limitations above enumerated the Roman law
+has been adopted as a whole and not in detached parts.
+
+In England Roman law has had practically no effect. In the year 1149 a
+Lombard jurist, Vacarius, lectured on it at Oxford; but there were no
+results. Canon law is, of course, a force to be reckoned with in Britain
+as on the Continent.
+
+Before we enter the question of women's rights during the Middle Ages,
+we must take a general survey of the character of that period; for
+obviously we cannot understand its legislation without some idea of the
+background of social, political, and intellectual life. In the first
+place, then, the Church was everywhere triumphant and its ideals
+governed legislation completely on such matters as marriage. The civil
+law of Rome, as drawn up first by the epitomisers and later studied more
+carefully at Bologna, served to indicate general principles in cases to
+which canon law did not apply; but there was little jurisdiction in
+which the powers ecclesiastical could not contrive to take a hand. At
+the same time Germanic ideals and customs continued a powerful force.
+For a long time after the partition of the vast empire of Charlemagne
+government was in a state of chaos and transition from which eventually
+the various distinct states arose. A struggle between kings and nobles
+for supremacy dragged along for many generations; and as during that
+contest each feudal lord was master in his own domain, there was no
+consistent code of laws for all countries or, indeed, for the same
+country. Yet the character of the age determined in a general way the
+spirit that dictated all laws. Society rested on a military and
+aristocratic basis, and when the ability to wield arms is essential to
+maintain one's rights, the position of women will be affected by that
+fact. Beginning with the twelfth century city life began to exert a
+political influence; and this, again, did not fail to have an effect on
+the status of women. Of any participation of women in intellectual life
+there could be no question until the Renaissance, although we do meet
+here and there with isolated exceptions, a few ladies of high degree
+like Roswitha of Gandersheim and Hadwig, Duchess of Swabia, niece of
+Otto the Great, and Heloise. The learning was exclusively scholastic,
+and from any share in that women were barred. When people are kept in
+ignorance, there is less inducement for them to believe that they have
+any rights or to assert them if they do think so.
+
+We shall do well to bear in mind, in noting the laws relative to women,
+that theory is one thing and practice quite another. Hence, although the
+doctrines of the Church on various matters touching the female sex were
+characterised by the greatest purity, we shall see that in practice they
+were not strictly executed. Religion does in fact play a less
+considerable part in regulating the daily acts of men than theologians
+are inclined to believe. If anything proves this, it is the history of
+that foulest stain on Christian nations--prostitution. We might expect
+that since the Roman Catholic Church insists so on chastity the level of
+this virtue would certainly be higher in countries which are almost
+exclusively Catholic, like Spain and Italy, than in Protestant lands;
+but no one who has ever travelled in Spain or Italy fails to recognise
+that the conduct of men is as lamentably low in these as in England,
+Germany, or the United States.
+
+With this brief introduction I shall proceed next to explain the
+position of women under the canon law, a code which affected all
+countries of Europe equally until the Reformation; and in connection
+with this I shall give some idea of the attitude of the Roman Catholic
+Church towards women and women's rights at the present day.
+
+NOTES:
+
+[364] French customary law began to be written in the thirteenth century
+and was greatly affected by the Roman law.
+
+[365] The succeeding paragraphs are a summary of the account by the
+learned Professor Mackeldey, who has investigated Roman law with the
+most minute diligence.
+
+
+
+
+CHAPTER VI
+
+THE CANON LAW AND THE ATTITUDE OF THE ROMAN CATHOLIC CHURCH
+
+
+[Sidenote: The canon law reaffirms the subjection of women.]
+
+The canon law reaffirms woman's subjection to man in no uncertain terms.
+The wife must be submissive and obedient to her husband.[366] She must
+never, under penalty of excommunication, cut off her hair, because "God
+has given it to her as a veil and as a sign of her subjection."[367] A
+woman who assumed men's garments was accursed[368]; it will be
+remembered that the breaking of this law was one of the charges which
+brought Joan of Arc to the stake. However learned and holy, woman must
+never presume to teach men publicly.[369] She was not allowed to bring a
+criminal action except in cases of high treason or to avenge the death
+of near relatives.[370] Parents could dedicate a daughter to God while
+she was yet an infant; and this parental vow bound her to the nunnery
+when she was mature, whether she was willing or not.[371] Virgins or
+widows who had once consecrated themselves to God might not marry under
+pain of excommunication.[372] Parents could not prevent a daughter from
+taking vows, if she so wished, after she had attained the age of
+twelve.[373]
+
+[Sidenote: Woman and marriage under canon law.]
+
+The most important effect of the canon law was on marriage, which was
+now a sacrament and had its sanction not in the laws of men, but in the
+express decrees of God. Hence even engagements acquired a sacred
+character unknown to the Roman law; and when a betrothal had once been
+entered into, it could be broken only in case one or both of the
+contracting parties desired to enter a monastery.[374] Free consent of
+both man and woman was necessary for matrimony.[375] There must also be
+a dowry and a public ceremony.[376] The legitimate wife is thus
+defined[377]: "A chaste virgin, betrothed in chastity, dowered according
+to law, given to her betrothed by her parents, and received from the
+hands of the bridesmaids (_a paranimphis accipienda_); she is to be
+taken according to the laws and the Gospel and the marriage ceremony
+must be public; all the days of her life--unless by consent for brief
+periods to devote to worship--she is never to be separated from her
+husband; for the cause of adultery she is to be dismissed, but while she
+lives her husband may marry no other." The blessing of the priest was
+necessary. About every form connected with the marriage service the
+Church threw its halo of mystery and symbol to emphasise the sacred
+character of the union. Thus[378]: "Women are veiled during the marriage
+ceremony for this reason, that they may know they are lowly and in
+subjection to their husbands.... A ring is given by the bridegroom to
+his betrothed either as a sign of mutual love or rather that their
+hearts may be bound together by this pledge. For this reason, too, the
+ring is worn on the fourth finger, because there is a certain vein in
+that finger which they say reaches to the heart."
+
+[Sidenote: Clandestine marriages.]
+
+Clandestine marriages were forbidden,[379] but the Church always
+presumed everything it could in favour of marriage and its
+indissolubility. Thus, Gratian remarks[380]: "Clandestine marriages are,
+to be sure, contrary to law; nevertheless, they can not be dissolved."
+The reason for forbidding them was perfectly reasonable: one party might
+change his or her mind and there would be no positive proof that a
+marriage had taken place, so that a grave injury might be inflicted on
+an innocent partner by an unscrupulous one who desired to dissolve the
+union.[381] Yet the marriage by consent alone without any of the
+ceremonies or the blessing of the priest was perfectly valid, though not
+"according to law" (_legitimum_), and could not be dissolved.[382] Not
+until the great Council of Trent in 1563 was this changed. At that time
+all marriages were declared invalid unless they had been contracted in
+the presence of a priest and two or three witnesses.[383]
+
+[Sidenote: Protection to women.]
+
+The Church is seen in its fairest light in its provisions to protect the
+wife from sexual brutality on the part of her husband, and it deserves
+high praise for its stand on such matters.[384] Various other laws show
+the same regard for the interests of women. A man who was entering
+priestly office could not cast off his wife and leave her destitute, but
+must provide living and raiment for her.[385] Neither husband nor wife
+could embrace the celibate life nor devote themselves to continence
+without the consent of the other.[386] A man who cohabited with a woman
+as his concubine, even though she was of servile condition or
+questionable character, could not dismiss her and marry another saving
+for adultery.[387] Slaves were now allowed to contract marriages and
+masters were not permitted to dissolve them.[388]
+
+[Sidenote: Divorce.]
+
+It has always been and still is the boast of the Roman Catholic Church
+that it has been the supreme protector of women on account of its stand
+on divorce. Says Cardinal Gibbons[389]: "Christian wives and mothers,
+what gratitude you owe to the Catholic Church for the honorable position
+you now hold in society! If you are no longer regarded as the slave, but
+the equal, of your husbands; if you are no longer the toy of his
+caprice, and liable to be discarded at any moment; but if you are
+recognised as the mistress and queen of your household, you owe your
+emancipation to the Church. You are especially indebted for your liberty
+to the Popes who rose up in all the majesty of their spiritual power to
+vindicate the rights of injured wives against the lustful tyranny of
+their husbands." In view of such a claim I may be justified in entering
+a somewhat more detailed account of this subject.
+
+On the subject of divorce the Roman Catholic Church took the decided
+position which it continues to maintain at the present day. Marriage
+when entered upon under all the conditions demanded by the Church for a
+valid union is indissoluble.[390] A separation "from bed and board"
+(_quoad thorum seu quoad cohabitationem_) is allowed for various causes,
+such as excessive cruelty, for a determinate or an indeterminate period;
+but there is no absolute divorce even for adultery. For this cause a
+separation may, indeed, take place, but the bond of matrimony is not
+dissolved thereby and neither the innocent nor the guilty party may
+marry again during the lifetime of the other partner.
+
+All this seems very rigorous. It is true that the Roman Catholic Church
+does not permit "divorce." But it allows fourteen cases where a marriage
+can be declared absolutely null and void, as if it had never existed;
+and in these cases the man or woman may marry again. To say that the
+Roman Church does not allow divorce is, therefore, playing upon words.
+The instruments used to render its strict theory ineffective are
+"diriment impediments" and "dispensations."
+
+By the doctrine of "diriment impediments" the Pope or a duly constituted
+representative can declare that a marriage has been null and void from
+the very beginning because of some impediment defined in the canon law.
+Canon IV of the twenty-fourth session of the Council of Trent
+anathematises anyone who shall say that the Church cannot constitute
+impediments dissolving marriage, or that she has erred in constituting
+them. The impediments which can annul marriage are described in the
+official Catholic Encyclopedia, vol. vii, pages 697-698. Among them are
+impuberty and impotency. Then there is "disparity of worship," which
+renders void the marriage of a Christian--that is, a Roman Catholic,
+with an infidel,--that is, one who is unbaptised. Marriage of a Roman
+Catholic with a baptised non-Catholic constitutes a "relative"
+impediment and needs a special dispensation and provisoes, such as a
+guarantee to bring up the children in the Roman faith to give it
+validity. Another impediment is based on the presumption of want of
+consent, "the nullity being caused by a defect of consent." "This
+defect," says the Catholic Encyclopedia, "may arise from the intellect
+or the will; hence we have two classes. Arising from the intellect we
+have: insanity; and total ignorance, even if in confuso of what marriage
+is (this ignorance, however, is not presumed to exist after the age of
+puberty has been reached); and lastly error, where the consent is not
+given to what was not intended. Arising from the will, a defect of
+consent may be caused through deceit or dissimulation, when one
+expresses exteriorly a consent that does not really exist; or from
+constraint imposed by an unjust external force, which causes the consent
+not to be free." Consanguinity and affinity are diriment impediments.
+Consanguinity "prohibits all marriages in the direct ascending or
+descending line in infinitum, and in the collateral line to the fourth
+degree or fourth generation." Affinity "establishes a bond of
+relationship between each of the married parties and the blood relations
+of the other, and forbids marriage between them to the fourth degree.
+Such is the case when the marriage springs from conjugal relations; but
+as canon law considers affinity to spring also from illicit intercourse,
+there is an illicit affinity which annuls marriage to the second degree
+only." Then there is "spiritual relationship"; for example, the marriage
+of one who stood as sponsor in confirmation with a parent of the child
+is null and void.
+
+Under the canon law, even more resources are open for the man who is
+tired of his wife; by the doctrine, namely, of "spiritual fornication."
+Adultery is, of course, recognised as the cause that admits a
+separation. But the canon law remarks that idolatry and all harmful
+superstition--by which is meant any doctrine that does not agree with
+that of the Church--is fornication; that avarice is also idolatry and
+hence fornication; that in fact no vice can be separated from idolatry
+and hence all vices can be classed as fornication; so that if a husband
+only tried a little bit, he could without much trouble find some "vice"
+in his wife that would entitle him to a separation.[391]
+
+When all these fail, recourse can be had to a dispensation. The Church
+reserves the right to give dispensations for all impediments. Canon III
+of the twenty-fourth session of Trent says: "If anyone shall say, that
+only those degrees of consanguinity and affinity which are set down in
+_Leviticus_ [xviii, 6 ff.] can hinder matrimony from being contracted,
+and dissolve it when contracted; and that the Church can not dispense in
+some of those degrees, or ordain that others may hinder and dissolve it;
+let him be anathema."
+
+[Sidenote: Inheritance]
+
+The minute and far-fetched subtleties which the Roman Church has
+employed in the interpretation of these relationships make escape from
+the marital tie feasible for the man who is eager to disencumber himself
+of his life's partner. The man of limited means will have a hard time of
+it. The great and wealthy have been able at all periods, by working one
+or more of these doctrines, to reduce the theory of the Roman Church to
+nullity in practice. Napoleon had his marriage to Josephine annulled on
+the ground that he had never intended to enter into a religious marriage
+with her, although the day before the ceremony he had had the union
+secretly blessed by Cardinal Fesch. On the basis of this avowed lack of
+intent, his marriage with Josephine was declared null and void, and he
+was free to marry Louisa. A plea along the same lines is being worked by
+the Count de Castellane now. Louis XII, having fallen in love with Anne
+of Brittany, suddenly discovered that his wife was his fourth cousin,
+that she was deformed, and that her father had been his godfather; and
+for this the Pope gave him a dispensation and his legitimate wife was
+sent away. The Pope did not thunder against Louis XIV for committing
+adultery with women like Louise de la Vallière and Madame de Montespan.
+It is certainly true that in the case of Philip Augustus of France and
+Henry VIII of England the Pope did protect injured wives; but both these
+monarchs were questioning the Vatican's autocracy. The matrimonial
+relations of John of England, Philip's contemporary, were more corrupt
+than those of the French king; but, while the Pope chastised John for
+his defiance of his political autonomy, he did not excommunicate him on
+any ground of morality. The statement of Cardinal Gibbons is not
+entirely in accordance with history; he does not take all facts into
+consideration, as is also true of his complacent assumption that outside
+of the Roman Church no economic forces and no individuals have had any
+effect in elevating the moral and economic status of women.
+
+Questions such as those of inheritance belong properly to civil law;
+but the canon law claimed to be heard in any case into which any
+spiritual interest could be foisted. Thus in the year 1199 Innocent III
+enacted that children of heretics be deprived of all their offending
+parents' goods "since in many cases even according to divine decree
+children are punished in this world on account of their parents."[392]
+
+[Sidenote: General attitude towards women at the present day]
+
+The attitude of the Roman Catholic Church towards women's rights at the
+present day is practically the same as it has been for eighteen
+centuries. It still insists on the subjection of the woman to the man,
+and it is bitterly hostile to woman suffrage. This position is so well
+illustrated by an article of the Rev. David Barry in the Roman Catholic
+paper, the Dublin _Irish Ecclesiastical Review_, that I cannot do better
+than quote some of it. "It seems plain enough," he says, "that allowing
+women the right of suffrage is incompatible with the high Catholic ideal
+of the unity of domestic life. Even those who do not hold the high and
+rigid ideal of the unity of the family that the Catholic Church clings
+to must recognise some authority in the family, as in every other
+society. Is this authority the conjoint privilege of husband and wife?
+If so, which of them is to yield, if a difference of opinion arises?
+Surely the most uncompromising suffragette must admit that the wife
+ought to give way in such a case. That is to say, every one will admit
+that the wife's domestic authority is subordinate to that of her
+husband. But is she to be accorded an autonomy in outside affairs that
+is denied her in the home? Her authority is subject to her husband's in
+domestic matters--her special sphere; is it to be considered co-ordinate
+with his in regulating the affairs of the State? Furthermore, there is
+an argument that applies universally, even in the case of those women
+who are not subject to the care and protection of a husband, and even, I
+do not hesitate to say, where the matters to be decided on would come
+specially within their cognisance, and where their judgment would,
+therefore, be more reliable than that of men. It is this, that in the
+noise and turmoil of party politics, or in the narrow, but rancorous
+arena of local factions, it must needs fare ill with what may be called
+the passive virtues of humility, patience, meekness, forbearance, and
+self-repression. These are looked on by the Church as the special
+prerogative and endowment of the female soul ... But these virtues would
+soon become sullied and tarnished in the dust and turmoil of a contested
+election; and their absence would soon be disagreeably in evidence in
+the character of women, who are, at the same time, almost
+constitutionally debarred from preeminence in the more robust virtues
+for which the soul of man is specially adapted."
+
+Cardinal Gibbons, in a letter to the National League for the Civic
+Education of Women--an anti-suffrage organisation--said that "woman
+suffrage, if realised, would be the death-blow of domestic life and
+happiness" (Nov. 2, 1909).
+
+Rev. William Humphrey, S.J., in his _Christian Marriage_, chap. 16,
+remarks that woman is "the subordinate equal of man"--whatever that
+means.
+
+A few Roman Catholic prelates, like Cardinal Moran, have advocated equal
+suffrage, but they are in the minority. The Pope has not yet definitely
+stated the position of the Church; individual Catholics are free to take
+any side they wish, as it is not a matter of faith; but the tendency of
+Roman Catholicism is against votes for women.
+
+
+
+SOURCES
+
+I. Corpus Iuris Canonici: recognovit Aemilius Friedberg. Lipsiae
+(Tauchnitz) Pars Prior, 1879. Pars Secunda, 1881.
+
+II. Sacrosanctum Concilium Tridentinum, additis Declarationibus
+Cardinalium, Concilii Interpretum, ex ultima recognitione Joannis
+Gallemart, etc. Coloniae Agrippinae, apud Franciscum Metternich,
+Bibliopolam. MDCCXXVII.
+
+III. The Catholic Encyclopedia. New York, Robert Appleton Company.
+(Published with the _Imprimatur_ of Archbishop Parley.)
+
+IV. Various articles by Catholic prelates, due references to which are
+given as they occur.
+
+NOTES:
+
+[366] Augustine quoted by Gratian, _Causa_, 33, _Quaest_. 5, chapters
+12-16--Friedberg, i, pp. 1254, 1255. Ambrose and Jerome on the same
+matter, ibid., _c_. 15 and 17, Friedberg, i, p. 1255. Gratian, _Causa_
+30, _Quaest_. 5, _c_. 7--Friedberg, i, p. 1106: Feminae dum maritantur,
+ideo velantur, ut noverint se semper viris suis subditas esse et
+humiles.
+
+[367] Gratian, _Distinctio_, 30, _c_. 2--Friedberg, i, p. 107: Quecumque
+mulier, religioni iudicans convenire, comam sibi amputaverit quam Deus
+ad velamen eius et ad memoriam subiectionis illi dedit, tanquam
+resolvens ius subiectionis, anathema sit. Cf. Gratian, _Causa_, 15,
+_Quaest_. 3--Friedberg, i, p. 750.
+
+[368] Gratian, _Dist_., 30, _c_. 6, Friedberg, i, p. 108. See also
+_Deuteronomy_ xxii, 5.
+
+[369] Gratian, _Dist_., 23, _c_. 29--Friedberg, i, p. 86: Mulier,
+quamvis docta et sancta, viros in conventu docere non praesumat.
+
+[370] Id., _Causa_, 15, _Quaest_. 3--Friedberg, i, p. 750.
+
+[371] Id., _Causa_, 20, _Quaest_. 1, _c_. 2--Friedberg, i, pp. 843-844,
+quoting Gregory to Augustine, the Bishop of the Angles: Addidistis
+adhuc, quod si pater vel mater filium filiamve intra septa monasterii in
+infantiae annis sub regulari tradiderunt disciplina, utrum liceat eis,
+postquam ad pubertatis inoleverint annos, egredi, et matrimonio
+copulari. Hoe omnino devitamus, quia nefas est ut oblatis a parentibus
+Deo filiis voluptatis frena relaxentur. Id., _c_. 4--Fried., i, p. 844:
+quoting Isidore--quicumque a parentibus propriis in monasterio fuerit
+delegatus, noverit se ibi perpetuo mansurum. Nam Anna Samuel puerum suum
+natum et ablactatum Deo pietate obtulit. Id., _c_. 7--Fried., i, pp.
+844-845.
+
+[372] Gratian, _Dist_., 27, _c_. 4 et 9, and _Dist_., 28, _c_.
+12--Friedberg, i, pp. 99 and 104. Id., _Causa_, 27, _Quaest_. 1, _c_. 1
+and 7--Friedberg, i, pp. 1047 and 1O50.
+
+[373] Gratian, _Causa_, 20, _Quaest_. 2, _c_. 2--Friedberg, i, pp.
+847-848.
+
+[374] Cf. Council of Trent, Session 24, "On the Sacrament of Matrimony,"
+_Canon_ 6: "If anyone shall say that matrimony contracted but not
+consummated is not dissolved by the solemn profession of religion by one
+of the parties married: let him be anathema."
+
+Gratian, _Causa_, 27, _Quaest_. ii, _c_. 28--Fried., i, p. 1071. Id.,
+_c_. 46, 47, 50, 51--Fried., i, pp. 1076, 1077, 1078.
+
+[375] Gratian, _Causa_, 30, _Quaest_. 2--Fried., i, p. 1100: Ubi non est
+consensus utriusque, non est coniugium. Ergo qui pueris dant puellas in
+cunabulis et e converso, nihil faciunt, nisi uterque puerorum postquam
+venerit ad tempus discretionis consentiat, etiamsi pater et mater hoc
+fecerint et voluerint. Id. _Causa_, 31, _Quaest_. 2--Fried., i,
+1112-1114: sine libera voluntate nulla est copulanda alicui.
+
+[376] Gratian, _Causa_, 30, _Quaest_. 5, _c_. 6--Friedberg, i, p. 1106:
+Nullum sine dote fiat coniugium; iuxta possibilitatem fiat dos, nee sine
+publicis nuptiis quisquam nubere vel uxorem ducere praesumat.
+
+[377] Gratian, _Causa_, 30, _Quaest_. 5, _c_. 4--Friedberg, i, p. 1105.
+
+[378] Gratian, _Causa_, 30, _Quaest_. 5, _c_. 7--Friedberg, i, p. 1106.
+
+[379] Id., _c_. 1--Friedberg, i, p. 1104.
+
+[380] Id., _c_. 8--Friedberg, i, p. 1107.
+
+[381] Gratian, _Causa_, 30, _Quaest_. 5, _c_. 9--Friedberg, i, p. 1107.
+
+[382] Gratian, _Causa, 28, _Quaest_. i, _c_. 17--Friedberg, i, p. 1089:
+illorum vero coniugia, qui contemptis omnibus illis solempnitatibus solo
+affectu aliquam sibi in coniugem copulant, huiuscemodi coniugium non
+legitimum, sed ratum tantummodo esse creditur.
+
+[383] Sessio xxiv, cap. i--De Reformatione Matrimonii.
+
+[384] See Gratian, _Dist_., v, _c_. 4--Friedberg, i, p. 8, e.g., ... ita
+ut morte lex sacra feriat, si quis vir ad menstruam mulierem accedat.
+
+[385] Gratian, _Dist_., 31, _c_. 11--Friedberg, i, p. 114.
+
+[386] Gratian, _Causa_, 27, _Quaest_. 2, _c_. 18-22, and
+24-26--Friedberg i, pp. 1067-1070.
+
+[387] Gratian, _Dist_., 34, c. 4--Friedberg, i, p. 126. Id., _Causa_,
+29, _Quaest_. 1--Friedberg, i, p. 1092. Id., _Causa_, 29, _Quaest_. 2,
+c. 2.
+
+[388] Id., _Causa_, 29, _Quaest_. 2, c. 1 and 8.
+
+[389] "Divorce," by James Cardinal Gibbons, in the _Century_, May, 1909.
+
+[390] For this and what immediately follows see _Session_ 24 of the
+Council of Trent "On the Sacrament of Matrimony" and also the Catholic
+Encyclopedia under "Divorce."
+
+[391] Gratian, _Causa_ 28, _Quaest_. i, c. 5--Friedberg, i, pp.
+1080-1081. Licite dimittitur uxor que virum suum cogere querit ad malum.
+Idolatria, quam secuntur infideles, et quelibet noxia superstitio
+fornicatio est. Dominus autem permisit causa fornicationis uxorem
+dimitti. Sed quia dimisit et non iussit, dedit Apostolo locum monendi,
+ut qui voluerit non dimittat uxorem infidelem, quo sic fortassis possit
+fidelis fieri. Si infidelitas fornicatio est, et idolatria infidelitas,
+et avaritia idolatria, non est dubitandum et avaritiam fornicationem
+esse. Quis ergo iam quamlibet illicitam concupiscentiam potest recte a
+fornicationis genere separate, si avaritia fornicatio est?
+
+[392] Friedberg, ii, pp. 782 and 783: Quum enim secundum legitimas
+sanctiones, etc.
+
+Lea, in his _History of Confession and Indulgences_, ii, p. 87, quotes
+Zanchini, _Tract. de Haeret., cap. 33_, to the effect that goods of a
+heretic were confiscated and disabilities inflicted on two generations
+of descendants.
+
+
+
+
+CHAPTER VII
+
+HISTORY OF WOMEN'S RIGHTS IN ENGLAND
+
+
+Since I have now given a brief summary of the canon law, which until the
+Reformation marked the general principles that guided the laws of all
+Europe on the subject of women, I propose next to consider more
+particularly the history of women's rights in England; for the
+institutions of England, being the basis of our own, will necessarily be
+more pertinent to us than those of Continental countries, to which I
+shall not devote more than a passing comment here and there. My inquiry
+will naturally fall into certain well-defined parts. The status of the
+unmarried woman is different from that of her married sister and will,
+accordingly, demand separate consideration. The rights of women, again,
+are to be viewed both from the legal and the social standpoint. Their
+legal rights include those of a private nature, such as the disposal of
+property, and public rights, such as suffrage, sitting on a jury, or
+holding office. Under social rights are included the right to an
+education, to earn a living, and the like. Let us glance first at the
+history of the legal rights of single women.
+
+[Sidenote: Single women: Pollock and Maitland i, pp. 482-485.]
+
+From very early times the law has continued to put the single woman of
+mature age on practically a par with men so far as private single rights
+are concerned. She could hold land, make a will or contract, could sue
+and be sued, all of her own initiative; she needed no guardian. She
+could herself, if a widow, be guardian of her own children.
+
+[Sidenote: Pollock and Maitland, ii, 260-313. Blackstone, ii, ch. 13.]
+
+In the case of inheritance, however, women have to within extremely
+recent times been treated less generously than men. The male sex has
+been preferred in an inheritance; males excluded females of equal
+degree; or, in the words of Blackstone: "In collateral inheritances the
+male stock shall be preferred to the female; that is, kindred derived
+from the blood of the male ancestors, however remote, shall be admitted
+before those from the blood of the female, however near; unless where
+the lands have, in fact, descended from a female. Thus the relations on
+the father's side are admitted _in infinitum_ before those on the
+mother's side are admitted at all." Blackstone justly remarks that this
+harsh enactment of the laws of England was quite unknown to the Roman
+law "wherein brethren and sisters were allowed to succeed to equal
+portions of the inheritance." As an example, suppose we look for the
+heir of John Stiles, deceased. The order of succession would be:
+
+I. The eldest son, Matthew Stiles, or his issue.
+
+II. If his line is extinct, then Gilbert Stiles and the other sons,
+respectively, in order of birth, or their issue.
+
+III. In default of these, all the daughters together, Margarite and
+Charlotte Stiles, or their issue.
+
+IV. On the failure of the descendants of John Stiles himself, the issue
+of Geoffrey and Lucy Stiles, his parents, is called in, viz.: first,
+Francis Stiles, the eldest brother of the 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 always asserted
+special jurisdiction. By the middle of the twelfth century it was law in
+England that to it belonged this prerogative. The ecclesiastical court,
+for example, pronounced in a given case whether there had been a valid
+marriage or not; the temporal court took this decision as one of the
+bases for determining a matter of inheritance, whether a woman was
+entitled to dower, and the like. The general precepts laid down by canon
+law in the case of a wife have already been noted. These rules need now
+to be supplemented by an account of the position of women in marriage
+under the common law.
+
+Under the older common law the husband was very much lord of all he
+surveyed and even more. An old enactment thus describes a husband's
+duty[395]: "He shall treat and _govern_ the aforesaid A well and
+decently, and shall not inflict nor cause to be inflicted any injury
+upon the aforesaid A except in so far as he may lawfully and reasonably
+do so in accordance with _the right of a husband to correct and chastise
+his wife_." Blackstone, who wrote in 1763, has this to say on the
+husband's power to chastise his wife: "The husband also, by the old law,
+might give his wife moderate correction. For, as he is to answer for her
+misbehaviour, the law thought it reasonable to intrust him with this
+power of restraining her, by domestic chastisement, in the same
+moderation that a man is allowed to correct his apprentices or children,
+for whom the master or parent is also liable in some cases to answer.
+But this power of correction was confined within reasonable bounds, and
+the husband was prohibited from using any violence to his wife _aliter
+quam ad, virum, ex causa regiminis et castigationis uxoris suae, licite
+et rationabiliter pertinet_.[396] The civil law gave the husband the
+same, or a larger, authority over his wife; allowing him for some
+misdemeanours _flagellis et fustibus acriter verberare uxorem_ [to give
+his wife a severe beating with whips and clubs]; for others, only
+_modicam castigationem adhibere_ [to apply moderate correction]. But
+with us in the politer reign of Charles the Second, this power of
+correction began to be doubted; and a wife may now have security of the
+peace against her husband, or, in return, a husband against his wife.
+Yet the lower rank of people, who were always fond of the old common
+law, still claim and exert their ancient privilege; and the courts of
+law will still permit a husband to restrain a wife of her liberty, in
+case of any gross misbehaviour." Doubtless what Mr. Weller, Sr.,
+describes as the "amiable weakness" of wife-beating was not necessarily
+confined to the "lower rank." For instance, some of the courtly
+gentlemen of the reign of Queen Anne were probably not averse to
+exercising their old-time prerogative. Says Sir Richard Steele
+(_Spectator_, 479): "I can not deny but there are Perverse Jades that
+fall to Men's Lots, with whom it requires more than common Proficiency
+in Philosophy to be able to live. When these are joined to men of warm
+Spirits, without Temper or Learning, they are frequently corrected with
+Stripes; but one of our famous Lawyers is of opinion, That this ought to
+be used sparingly." The law was, indeed, even worse than might appear
+from the words of Blackstone. The wife who feared unreasonable violence
+could, to be sure, bind her husband to keep the peace; but she had no
+action against him. A husband who killed his wife was guilty of murder,
+but the wife who slew her husband was adjudged guilty of petty treason;
+and whereas the man would be merely drawn and hanged, the woman, until
+the reign of George III, was drawn and burnt alive.[397]
+
+The right of a husband to restrain a wife's liberty may not be said to
+have become completely obsolete until the case of _Reg. v. Jackson in
+1891_.[398] Wife-beating is still a flagrantly common offence in
+England.
+
+[Sidenote: Wife's property in marriage.]
+
+Turning now to the question of the wife's property in marriage, we shall
+be forced to believe that Blackstone was an optimist of unusual
+magnitude when he wrote that the female sex was "so great a favourite of
+the laws of England." Not to weary the reader by minute details, I
+cannot do better than give Messrs. Pollock and Maitland's excellent
+summary of the final shape taken by the common law--a glaring piece of
+injustice, worthy of careful reading, and in complete accord with
+Apostolic injunctions: "I. In the lands of which the wife is tenant in
+fee, whether they belonged to her at the date of the marriage or came to
+her during the marriage, the husband has an estate which will endure
+during the marriage, and this he can alienate without her concurrence.
+If a child is born of the marriage, thenceforth the husband as 'tenant
+by courtesy' has an estate which will endure for the whole of his life,
+and this he can alienate without the wife's concurrence. The husband by
+himself has no greater power of alienation than is here stated; he
+cannot confer an estate which will endure after the end of the marriage
+or (as the case may be) after his own death. The wife has during the
+marriage no power to alienate her land without her husband's
+concurrence. The only process by which the fee can be alienated is a
+_fine_ to which both husband and wife are parties and to which she gives
+her assent after a separate examination.
+
+"II. A widow is entitled to enjoy for her life under the name of dower
+one third of any land of which the husband was seised in fee at any time
+during the marriage. The result of this is that during the marriage the
+husband cannot alienate his own land so as to bar his wife's right of
+dower, unless this is done with her concurrence, and her concurrence is
+ineffectual unless the conveyance is made by _fine_." [This
+inconvenience for an unscrupulous husband was evaded in modern
+conveyancy by a device of extreme ingenuity finally perfected only in
+the eighteenth century. Professor James Bryce remarks (p. 820): "As this
+right (i.e., the right of dower) interfered with the husband's power of
+freely disposing of his own land, the lawyers at once set about to find
+means of evading it, and found these partly in legal processes by which
+the wife, her consent being ascertained by the courts, parted with her
+right, partly by an ingenious device whereby lands could be conveyed to
+a husband without the right of dower attaching to them, partly by giving
+the wife a so-called jointure which barred her claim."]
+
+"III. Our law institutes no community, even of movables, between husband
+and wife. Whatever movables the wife has at the date of the marriage
+become the husband's, and the husband is entitled to take possession of
+and thereby to make his own whatever movables she becomes entitled to
+during the marriage, and without her concurrence he can sue for all
+debts that are due her. On his death, however, she becomes entitled to
+all movables and debts that are outstanding, or (as the phrase goes)
+have not been 'reduced into possession.' What the husband gets
+possession of is simply his; he can freely dispose of it _inter vivos_
+or by will. In the main, for this purpose as for other purposes, a 'term
+of years' is treated as a chattel, but under an exceptional rule the
+husband, though he can alienate his wife's 'chattel real' _inter vivos_,
+cannot dispose of it by his will. If he has not alienated it _inter
+vivos_, it will be hers if she survives him. If he survives her, he is
+entitled to her 'chattels real' and is also entitled to be made the
+administrator of her estate. In that capacity he has a right to whatever
+movables or debts have not yet been 'reduced into possession' and, when
+the debts have been paid, he keeps these goods as his own. If she dies
+in his lifetime, she can have no other intestate successor. Without his
+consent she can make no will, and any consent that he may have given is
+revocable at any time before the will is proved.
+
+"IV. Our common law--but we have seen that this rule is not very
+old--assured no share of the husband's personality to the widow. He can,
+even by his will, give all of it away from her except her necessary
+clothes, and with that exception his creditors can take all of it. A
+further exception, of which there is not much to be read, is made of
+jewels, trinkets, and ornaments of the person, under the name of
+paraphernalia. The husband may sell or give these away in his lifetime,
+and even after his death they may be taken for his debts; but he cannot
+give them away by will. If the husband dies during the wife's life and
+dies intestate she is entitled to a third, or, if there be no living
+descendant of the husband, to one half of his personality [but see the
+note of Bryce, above]. But this is a case of pure intestate succession;
+she only has a share of what is left after payment of her husband's
+debts.
+
+"V. During the marriage the husband is in effect liable to the whole
+extent of his property for debts incurred or wrongs committed by his
+wife before the marriage, also for wrongs committed during the marriage.
+The action is against him and her as co-defendants. If the marriage is
+dissolved by his death, she is liable, his estate is not. If the
+marriage is dissolved by her death, he is liable as her administrator,
+but only to the extent of the property which he takes in that
+character." [Mr. Ashton, in his very interesting book, p. 31, quotes a
+peculiar note from a Parish Register in the reign of Queen Anne to this
+effect: "John Bridmore and Anne Sellwood, both of Chiltern all Saints,
+were married October 17, 1714. The aforesaid Anne Sellwood was married
+in her Smock, without any clothes or headgier on." "This is not
+uncommon," remarks Mr. Ashton, "the object being, according to a vulgar
+error, to exempt the husband from the payment of any debts his wife may
+have contracted in her ante-nuptial condition. This error seems to have
+been founded on a misconception of the law, as it is laid down 'the
+husband is liable for the wife's debts, because he acquires an absolute
+interest in the personal estate of his wife.' An unlearned person from
+this might conclude, and not unreasonably, that if his wife had no
+estate whatever he could not incur any liability."]
+
+"VI. During the marriage the wife cannot contract on her own behalf. She
+can contract as her husband's agent and has a certain power of pledging
+his credit in the purchase of necessaries. At the end of the Middle Ages
+it is very doubtful how far this power is to be explained by an 'implied
+agency.' The tendency of more recent times has been to allow her no
+power that cannot be thus explained, except in the exceptional case of
+desertion."
+
+A perusal of these laws shows that they are immensely inferior to the
+Roman law, which not only gave the wife full control of her property,
+but protected her from coercion and bullying on the part of the husband.
+The amendment of these injustices has been very recent indeed.
+Successive statutes in 1870, 1874, and 1882[399] finally abrogated the
+law which gave the husband full ownership of his wife's property by the
+mere act of marriage. Beginning with the year 1857, too, enlightenment
+in England had progressed to such a remarkable degree that certain acts
+were passed forbidding a husband to seize his wife's earnings and
+neglect her[400]; and she was actually allowed to keep her own wages
+after the desertion of her lord. Before that time he might desert his
+wife repeatedly, and return from time to time to take away her earnings
+and sell everything she had acquired. An act in 1886 (_49 and 50 Vict.,
+c. 52_) gave magistrates the power to order a husband to pay his wife a
+weekly sum, not exceeding two pounds, for her support and that of the
+children if it appeared to the magistrates that the deserting husband
+had the means of maintaining her, but was unwilling to do so. Still,
+the husband can at any time terminate his desertion and force his wife
+to take him back on penalty of losing all rights to such maintenance.
+There was frantic opposition to all of these revolutionary enactments
+and many prophets arose crying woe; but the acts finally passed and
+England still lives.
+
+[Sidenote: Divorce. Authorities as above; and Howard, ii, 3-117.]
+
+Until the Reformation divorce was regulated by the canon law in
+accordance with the principles which I have explained. After the
+Reformation the matter at once assumed a different aspect because all
+Protestants agreed in denying that marriage is a sacrament. Scotland in
+this as in other respects has been more liberal than England; as early
+as 1573 desertion as well as adultery had become grounds for divorce.
+But in England the force of the canon law continued. In Blackstone's day
+there were still, as under the canon law, only two kinds of separation.
+Complete dissolution of the marriage tie (_a vinculo matrimonii_) took
+place only on a declaration of the Ecclesiastical Court that on account
+of some canonical impediment, like consanguinity, the marriage was null
+and void from the beginning. Separation "from bed and board" (_a mensa
+et thoro_) simply gave the parties permission no longer to live together
+and was allowed for adultery or some other grave offences, like
+intolerable cruelty or a chronic disease. However, some time before
+Blackstone's day it had become the habit to get a dissolution of
+marriage _a vinculo matrimonii_ for adultery by Act of Parliament; but
+the legal process was so tedious, minute, and expensive that only the
+very rich could afford the luxury.[401] In the case of a separation _a
+mensa et thoro_ alimony was allowed the wife for her support out of her
+husband's estate at the discretion of the ecclesiastical judges.
+
+The initiative in divorce by Act of Parliament was usually taken by the
+husband; not until 1801 did a woman have the temerity so to assert her
+rights. The fact is, ever since the dawn of history society has, with
+its usual double standard of morality for men and women, insisted that
+while the husband must never tolerate infidelity on the part of the
+wife, the wife should bear with meekness the adulteries of her husband.
+Plutarch in his _Conjugal Precepts_ so advises a wife; and this pious
+frame of mind has continued down the centuries to the present day.
+Devout old Jeremy Taylor in his _Holy Living_--a book which is read by
+few, but praised by many--thus counsels the suffering wife[402]: "But
+if, after all the fair deportments and innocent chaste compliances, the
+husband be morose and ungentle, let the wife discourse thus: 'If, while
+I do my duty, my husband neglects me, what will he do if I neglect him?'
+And if she thinks to be separated by reason of her husband's unchaste
+life, let her consider that the man will be incurably ruined, and her
+rivals could wish nothing more than that they might possess him alone."
+Dr. Samuel Johnson ably seconded the holy Jeremy's advice by declaring
+that there is a boundless difference between the infidelity of the man
+and that of the woman. In the husband's case "the man imposes no
+bastards upon his wife." Therefore, "wise married women don't trouble
+themselves about infidelity in their husbands."[403] Until very recent
+times not only men but also women have been unanimous in counselling
+abject submission to and humble adoration of the husband. A single
+example out of hundreds will serve excellently as a pattern. In 1821 a
+"Lady of Distinction" writes to a "Relation Shortly after Her Marriage"
+as follows[404]: "The most perfect and implicit faith in the superiority
+of a husband's judgment, and the most absolute obedience to his desires,
+is not only the conduct that will insure the greatest success, but will
+give the most entire satisfaction. It will take from you a thousand
+cares, which would have answered to no purpose; it will relieve you from
+a weight of thought that would be very painful, and in no way
+profitable.... It has its origin in reason, in justice, in nature, and
+in the law of God.... I have told you how you may, and how people who
+are married do, get a likeness of countenance; and in that I have done
+it. You will understand me, that by often looking at your husband's
+face, by smiling on the occasions on which he does, by frowning on those
+things which make him frown, and by viewing all things in the light in
+which you perceive he does, you will acquire that likeness of
+countenance which it is an honour to possess, because it is a testimony
+of love.... When your temper and your thoughts are formed upon those of
+your husband, according to the plan which I have laid down, you will
+perceive that you have no will, no pleasure, but what is also his. This
+is the character the wife of prudence would be apt to assume; she would
+make herself the mirror, to show, unaltered, and without aggravation,
+diminution, or distortion, the thoughts, the sentiments, and the
+resolutions of her husband. She would have no particular design, no
+opinion, no thought, no passion, no approbation, no dislike, but what
+should be conformable to his own judgment ... I would have her judgment
+seem the reflecting mirror to his determination; and her form the shadow
+of his body, conforming itself to his several positions, and following
+it in all its movements ... I would not have you silent; nay, when
+trifles are the subject, talk as much as any of them; but distinguish
+when the discourse turns upon things of importance."
+
+It is not strange, therefore, that no woman protested publicly against
+a husband's infidelity until 1801. Up to 1840 there were but three cases
+of a woman's taking the initiative in divorce, namely, in 1801, 1831,
+and 1840; and in each case the man's adultery was aggravated by other
+offences. In two other suits the Lords rejected the petition of the
+wife, although the misconduct of the husband was clearly proved. But
+redress was still by the elaborate machinery of Act of Parliament and
+hence a luxury only for the wealthy until 1857, when a special Court for
+Divorce and Matrimonial Causes was established.[405] Nevertheless, the
+law as it stands to-day is not of a character to excite admiration or to
+prove the existence of the proverbial "British Fair Play." A husband can
+obtain a divorce upon proof of his wife's infidelity; but the wife can
+get it only by proving, in addition to the husband's adultery, either
+that it was aggravated by bigamy or incest or that it was accompanied by
+cruelty or by two years' desertion. Misconduct by the husband bars him
+from obtaining a divorce. The court is empowered to regulate at its
+discretion the property rights of divorced people and the custody of the
+children.[406] All attempts have failed to make the law recognise that
+the misconduct of the husband shall be regarded equally as culpable as
+the wife's.
+
+[Sidenote: Rape and the age of legal consent.]
+
+We may pause a moment to glance at the provisions made by the criminal
+law for protecting women. The offence that most closely touches women is
+rape. The punishment of this in Blackstone's day was death[407]; but in
+the next century the death penalty was repealed and transportation for
+life substituted.[408] The saddest blot on a presumably Christian
+civilisation connected with this matter is the so-called "age of legal
+consent." Under the older Common Law this was _ten_ or _twelve;_ in 1885
+it was _thirteen_, at which period a girl was supposed to be at an age
+to know what she was doing. But in the year 1885 Mr. Stead told the
+London public very plainly those hideous truths about crimes against
+young girls which everybody knew very well had been going on for
+centuries, but which no one ever before had dared to assert. The result
+was that Parliament raised the "age of legal consent" to sixteen, where
+it now stands.[409] The idea that any girl of this age is sufficiently
+mature to know what she is doing by consenting to the lust of scoundrels
+is a fine commentary on the acuteness of the legal intellect and the
+high moral convictions of legislators.
+
+[Sidenote: Women's rights to an education.]
+
+The rights of women to a higher education is distinctly a movement of
+the last half of the nineteenth century. It is true that throughout
+history there are many examples of remarkably well-educated women--Lady
+Jane Grey, for example, or Queen Elizabeth, or Olympia Morata, in Italy,
+she who in the golden period of the Renaissance became a professor at
+sixteen and wrote dialogues in Greek after the manner of Plato. But on
+looking closely into these instances we shall find first that these
+ladies were of noble rank and only thanks to their lofty position had
+access to knowledge; and secondly that they stand out as isolated
+cases--the great masses of women never dreamed beyond the traditional
+Kleider, Küche, Kinder, and Kirche. That an elementary education,
+consisting of reading, writing, and simple arithmetic, was offered them
+freely by hospital, monastery, and the like schools even as early as
+Chaucer--this we know; nevertheless, beyond that they were not supposed
+to aspire. So very recently, indeed, have women secured the rights to a
+higher education that many thousands to-day can easily recall the
+intensely bitter attacks which were directed against colleges like
+Wellesley and Bryn Mawr in their inception. Until the middle of the
+nineteenth century the whole education--what there was of it--of a girl
+was arranged primarily with a view to capture a husband and, once having
+him secure, to be his loving slave, to dwell with adoring rapture on his
+superior learning, and to be humbly grateful if her liege deigned from
+time to time to throw his spouse some scraps of knowledge which might be
+safely administered without danger of making her think for herself.
+These facts no one can well deny; but a few instances of prevalent
+opinion, in addition to those which I have already quoted, will afford
+the amusement of concrete examples.
+
+Mrs. Chapone, in the eighteenth century, advised her niece to avoid the
+study of classics and science lest she "excite envy in one sex and
+jealousy in the other." Lady Mary Wortley Montagu laments thus: "There
+is hardly a creature in the world more despicable and more liable to
+universal ridicule than a learned woman," and "folly is reckoned so much
+our proper sphere, we are sooner pardoned any excesses of that than the
+least pretensions to reading and good sense." Pursuant to the prevailing
+sentiment on the education of women, the subjects which they studied and
+the books which they were allowed to read were carefully regulated. As
+to their reading, it was confined to romantic tales whereof the
+exceeding insipidity could not awaken any symptom of intelligence. Lyly
+dedicated his _Euphues_ to the "Ladies and Gentlewomen of England" and
+Sidney's _Arcadia_ owed its vast success to its female readers.
+
+The subjects studied followed the orthodox views. Beginning with the
+reign of Queen Anne boarding-schools for girls became very numerous. At
+these schools "young Gentlewomen" were "soberly educated" and "taught
+all sorts of learning fit for young Gentlewomen." The "learning fit for
+young Gentlewomen" comprised "the Needle, Dancing, and the French
+tongue; a little Music on the Harpsichord or Spinet, to read, write, and
+cast accounts in a small way." Dancing was the all-important study,
+since this was the surest route to their Promised Land, matrimony. The
+study of French consisted in learning parrot-like a modicum of that
+language pronounced according to the fancy of the speaker. As, however,
+the young beau probably did not know any more himself, the end justified
+the means. Studies like history, when pursued, were taken in
+homoeopathic doses from small compendiums; and it was adequate to know
+that Charlemagne lived somewhere in Europe about a thousand or so years
+ago. Yet even this was rather advanced work and exposed the woman to be
+damned by the report that she was educated. Ability to cook was not
+despised and pastry schools were not uncommon. Thus in the time of
+Queen Anne appears this: "To all Young Ladies: at Edw. Kidder's Pastry
+School in little Lincoln's Inn Fields are taught all Sorts of Pastry and
+Cookery, Dutch hollow works, and Butter Works," etc.
+
+At last in the first decades of the nineteenth century the civilised
+world began slowly to take some thought of women's higher education and
+to wake up to the fact that because a certain system has been in vogue
+since created man does not necessarily mean that it is the right one; a
+very heretical and revolutionary idea, which has always been and still
+is ably opposed by that great host of people who have steadily
+maintained that when men and women once begin to think for themselves
+society must inevitably run to ruin. In 1843 there was established a
+certain Governesses' Benevolent Institution. This was in its inception a
+society to afford relief to governesses, i.e., women engaged in
+tutoring, who might be temporarily in straits, and to raise annuities
+for those who were past doing work. Obviously this would suggest the
+question of what a competent governess was; and this in turn led to the
+demand for a diploma as a warrant of efficiency. That called attention
+to the extreme ignorance of the members of the profession; and it was
+soon felt that classes of instruction were needed. A sum of money was
+accordingly collected in 1846 and given the Institution for that
+purpose. Some eminent professors of King's College volunteered to
+lecture; and so, on a small scale to be sure, began what is now Queen's
+College, the first college for women in England, incorporated by Royal
+Charter in 1853. In 1849 Bedford College for women had been founded in
+London through the unselfish labours of Mrs. Reid; but it did not
+receive its charter until 1869. Within a decade Cheltenham, Girton,
+Newnham, and other colleges for women had arisen. Eight of the ten men's
+universities of Great Britain now allow examinations and degrees to
+women also; Oxford and Cambridge do not.
+
+[Sidenote: Women in the professions.]
+
+Since then women's right to any higher education which they may wish to
+embrace has been permanently assured. As early as 1868 Edinburgh opened
+its courses in pharmacy to women. In 1895 there were already 264 duly
+qualified female physicians in Great Britain. In many schools they are
+allowed to study with men, as at the College of Physicians and Surgeons
+at Edinburgh; there are four medical schools for women only. We find
+women now actively engaged in agriculture, apiculture, poultry-keeping,
+horticulture; in library work and indexing; in stenography; in all
+trades and professions. The year 1893 witnessed the first appointment of
+women as factory inspectors, two being chosen that year in London and in
+Glasgow. Nottingham had chosen women as sanitary inspectors in 1892.
+Thus in about two decades woman has advanced farther than in the
+combined ages which preceded. Before these very modern movements we may
+say that the stage was the only profession which had offered them any
+opportunity of earning their living in a dignified way. It seems that a
+Mrs. Coleman, in 1656, was the first female to act on the stage in
+England; before that, all female parts had been taken by boys or young
+men. A Mrs. Sanderson played Desdemona in 1660 at the Clare Market
+Theatre. In 1661, as we may see from Pepys' _Diary_ (Feb. 12, 1661), an
+actress was still a novelty; but within a few decades there were already
+many famous ones.
+
+[Sidenote: Woman suffrage in England]
+
+We have seen that now woman has obtained practically all rights on a par
+with men. There are still grave injustices, as in divorce; but the
+battle is substantially won. One right still remains for her to win, the
+right, namely, to vote, not merely on issues such as education--this
+privilege she has had for some time--but on all political questions; and
+connected with this is the right to hold political office. We may
+fittingly close this chapter by a review of the history of the agitation
+for woman suffrage.
+
+In the year 1797 Charles Fox remarked: "It has never been suggested in
+all the theories and projects of the most absurd speculation, that it
+would be advisable to extend the elective suffrage to the female sex."
+Yet five years before Mary Wollstonecraft had published her _Vindication
+of the Rights of Women_. Presently the writings of Harriet Martineau
+upon political economy proved that women could really think on politics.
+
+We may say that the general public first began to think seriously on the
+matter after the epoch-making Reform Act of 1832. This celebrated
+measure admitted £10 householders to the right to vote and carefully
+excluded females; yet it marked a new era in the awakening of civic
+consciousness: women had taken active part in the attendant campaigns;
+and the very fact that "male persons" needed now to be so specifically
+designated in the bill, whereas hitherto "persons" and "freeholders" had
+been deemed sufficient, attests the recognition of a new factor in
+political life.
+
+In 1865 John Stuart Mill was elected to Parliament. That able thinker
+had written on _The Subjection of Women_ and was ready to champion their
+rights. A petition was prepared under the direction of women like Mrs.
+Bodichon and Miss Davies; and in 1867 Mill proposed in Parliament that
+the word _man_ be omitted from the People's Bill and _person_
+substituted. The amendment was rejected, 196 to 83.
+
+Nevertheless, the agitation was continued. The next year constitutional
+lawyers like Mr. Chisholm Anstey decided that women might be legally
+entitled to vote; and 5000 of them applied to be registered. In a test
+case brought before the Court of Common Pleas the verdict was adverse,
+on the ground that it was contrary to usage for women to vote. The
+fight went on. Mr. Jacob Bright in 1870 introduced a "Bill to Remove the
+Electoral Disabilities of Women" and lost. In 1884 Mr. William Woodall
+tried again; he lost also, largely through the efforts of Gladstone; and
+the same statesman was instrumental in killing another bill in 1892,
+when Mr. A.J. Balfour urged its passage.
+
+At the present day women in England cannot vote on great questions of
+universal state policy nor can they hold great offices of state. Yet
+their gains have been enormous, as I shall next demonstrate; and in this
+connection I shall also glance briefly at their vast strides in the
+colonies.
+
+In 1850 Ontario gave all women school suffrage. In 1867 New South Wales
+gave them municipal suffrage. In 1869 England granted municipal suffrage
+to single women and widows; Victoria gave it to all women, married or
+single. In England in 1870 the Education Act, by which school boards
+were created, gave women the same rights as men, both as regards
+electing and being elected. In 1871 West Australia gave them municipal
+suffrage; in 1878 New Zealand gave school suffrage. In 1880 South
+Australia gave municipal suffrage. In 1881 widows and single women
+obtained municipal suffrage in Scotland and Parliamentary suffrage on
+the Isle of Man. Municipal suffrage was given by Ontario and Tasmania in
+1884 and by New Zealand and New Brunswick in 1886; by Nova Scotia and
+Manitoba in 1887. In 1888 England gave women county suffrage and British
+Columbia and the North-West Territory gave them municipal suffrage. In
+1889 county suffrage was given the women of Scotland and municipal
+suffrage to single women and widows in the Province of Quebec. In 1893
+New Zealand gave full suffrage. In 1894 parish and district suffrage was
+given in England to women married and single, with power to elect and to
+be elected to parish and district councils. In 1895 South Australia gave
+full state suffrage to all women. In 1898 the women of Ireland were
+given the right to vote for all officers except members of Parliament.
+In 1900 West Australia granted full state suffrage to all. In 1902 full
+national suffrage was given all the women in federated Australia and
+full state suffrage to those of New South Wales. In 1903 Tasmania gave
+full state suffrage; in 1905 Queensland did the same; in 1908 Victoria
+followed. In 1907 England made women eligible as mayors, aldermen, and
+county and town councillors. In London, for example, at the present time
+women can vote for the 28 borough councils and 31 boards of guardians of
+the London City Council; they can also be themselves elected to these;
+be members of the central unemployed body or of the 23 district
+committees, and can be co-opted to all other bodies, like the local
+pension committees. Women can be aldermen of the Council; and there is
+nothing to prevent one from holding even the office of chairman.
+
+At the present moment the cause of woman suffrage in England is being
+furthered chiefly by two organizations which differ in methods. The
+National Union of Women's Suffrage Societies has adopted the
+"constitutional" or peaceful policy; but the National Women's Social and
+Political Union is "militant" and coercive.
+
+SOURCES
+
+I. The English Statutes. Published by Authority during the Various
+Reigns.
+
+II. Studies in History and Jurisprudence: by James Bryce. Oxford
+University Press, 1901. Pages 782-859 on "Marriage and Divorce."
+
+III. History of English Law: by Frederick Pollock and Frederic Maitland.
+2 vols. Cambridge University Press, 1898--second edition.
+
+IV. Commentaries on the Laws of England: by Sir William Blackstone. With
+notes selected from the editions of Archbold, Christian, Coleridge,
+etc., and additional notes by George Sharswood, of the University of
+Pennsylvania. 2 vols. Philadelphia, 1860--Childs and Peterson, 602 Arch
+Street.
+
+V. A History of Matrimonial Institutions, chiefly in England and the
+United States: by George Elliott Howard. 4 vols. The University of
+Chicago Press, 1904.
+
+VI. Social England: edited by H.D. Traill. 6 vols. G.P. Putnam's Sons,
+1901.
+
+VII. Social Life in the Reign of Queen Anne, taken from original
+sources: by John Ashton. London, Chatto and Windus, 1897.
+
+VIII. The Renaissance of Girls' Education in England: by Alice Zimmern.
+London, A.D. Innes and Co., 1898.
+
+IX. Progress in Women's Education in the British Empire: edited by the
+Countess of Warwick. Being the Report of the Education Section,
+Victorian Era Exhibition, 1897. Longmans, Green, & Co., 1898.
+
+X. Current Literature from the Earliest Times to the Present Day,
+references to which are noted as they occur.
+
+NOTES:
+
+[393] If a woman sentenced to execution declared she was pregnant, a
+jury of twelve matrons could be appointed on a writ _de venire
+inspiciendo_ to determine the truth of the matter; for she could not be
+executed if the infant was alive in the womb. The same jury determined
+the case of a widow who feigned herself with child in order to exclude
+the next heir and when she was suspected of trying to palm off a
+supposititious birth. But from all other jury duties women have always
+been excluded "on account of the weakness of the sex"--_propter defectum
+sexus_.
+
+[394] Blackstone, i, ch. 16.
+
+[395] Reg. Brev. Orig., f. 89: quod ipse praefatam A bene et honeste
+tractabit et gubernabit, ac damnum vel malum aliquod eidem A de corpore
+suo, aliter quam ad virum suum ex causa regiminis et castigationis
+uxoris suae licite et rationabiliter pertinet, non faciet nec fieri
+procurabit.
+
+[396] "Except in so far as he may lawfully and reasonably do so in order
+to correct and chastise his wife."
+
+[397] The learned commentator Christian adds a few more cases where
+formerly the criminal law was harshly prejudiced against women. Thus:
+"By the Common Law, all women were denied the benefit of clergy; and
+till the 3 and 4 _W. and M_., c. 9 [William and Mary] they received
+sentence of death and might have been executed for the first offence in
+simple larceny, bigamy, manslaughter, etc., however learned they were,
+merely because their sex precluded the possibility of their taking holy
+orders; though a man who could read was for the same crime subject only
+to burning in the hand and a few months' imprisonment."
+
+[398] I Q.B. p. 671--in the Court of Appeal.
+
+[399] _Married Women's Property Act_, 45 and 46 V., c. 75--Aug. 18,
+1882.
+
+[400] Note this incident, from the _Westminister Review_, October, 1856:
+"A lady whose husband had been unsuccessful in business established
+herself as a milliner in Manchester. After some years of toil she
+realised sufficient for the family to live upon comfortably, the husband
+having done nothing meanwhile. They lived for a time in easy
+circumstances after she gave up business and then the husband died,
+_bequeathing all his wife's earnings to his own illegitimate children_.
+At the age of 62 she was compelled, in order to gain her bread, to
+return to business."
+
+[401] For a full account of the elaborate machinery see Chitty's note to
+Blackstone, vol. i, p. 441, of Sharswood's edition.
+
+[402] _Holy Living, ch. 3, section I: Rules for Married Persons._
+
+[403] Boswell, vii, 288. Perhaps if the venerable Samuel had had the
+statistics of venereal disease given by adulterous husbands to wives and
+children he might not have been so sure of his contention.
+
+[404] Quoted by Professor Thomas in the _American Magazine_, July, 1909.
+
+[405] See 20 and 21 V., c. 85--Aug. 28. 1857.
+
+[406] See 7 Edw., c. 12--Aug. 9, 1907--Matrimonial Causes Act, which
+also gives the court discretion in alimony.
+
+[407] Blackstone, iv, ch. 15.
+
+[408] 4 _and_ 5 _V., c._ 56, _s._ 3.
+
+[409] The Criminal Law Amendment Act, 1885, 48 _and_ 49 _V. c._ 69,
+section 5: "Any person who (1) unlawfully and carnally knows or attempts
+to have unlawful carnal knowledge of any girl being of or above the age
+of thirteen years and under the age of sixteen, or (2) unlawfully and
+carnally knows or attempts to have carnal knowledge of any female idiot
+or imbecile woman or girl under circumstances which do not amount to
+rape, but which prove that the offender knew at the time of the
+commission of the offence that the woman or girl was an idiot or
+imbecile, shall be guilty of a misdemeanour, and being convicted thereof
+shall be liable at the discretion of the Court to be imprisoned for any
+term not exceeding two years, with or without hard labour." Section 4:
+"Any one who unlawfully and carnally knows any girl under the age of
+thirteen shall be guilty of felony, and being convicted thereof shall be
+liable to be kept in penal servitude for life." Any one who merely
+attempts it can be imprisoned for any term not exceeding two years, with
+or without hard labour.
+
+
+
+
+CHAPTER VIII
+
+WOMEN'S RIGHTS IN THE UNITED STATES
+
+
+It has been my aim, in this short history of the growth of women's
+rights, to depict for the most part the strictly legal aspect of the
+matter; but from time to time I have interposed some typical
+illustration of public opinion, in order to bring into greater
+prominence the ferment that was going on or the misery which existed
+behind the scenes. A history of legal processes might otherwise, from
+the coldness of the laws, give few hints of the conflicts of human
+passion which combined to set those processes in motion. Before I
+present the history of the progress of women's rights in the United
+States, I shall place before the reader some extracts which are typical
+and truly representative of the opposition which from the beginning of
+the agitation to the present day has voiced itself in all ranks of life.
+Let the reader bear carefully in mind that from 1837 to the beginning of
+the twentieth century such abuse as that which I shall quote as typical
+was hurled from ten thousand throats of men and women unceasingly; that
+Mrs. Stanton, Miss Anthony, and Mrs. Gage were hissed, insulted, and
+offered physical violence by mobs in New York[410] and Boston to an
+extent inconceivable in this age; and that the marvellously unselfish
+labour of such women as these whom I have mentioned and of men like
+Wendell Phillips is alone responsible for the improvement in the legal
+status of women, which I propose to trace in detail. Some expressions of
+the popular attitude follow:
+
+[Sidenote: Examples of opposition to women's rights.]
+
+From a speech of the Rev. Knox-Little at the Church of St. Clements in
+Philadelphia in 1880: "God made himself to be born of a woman to
+sanctify the virtue of endurance; loving submission is an attribute of a
+woman; men are logical, but women, lacking this quality, have an
+intricacy of thought. There are those who think women can be taught
+logic; this is a mistake. They can never by any power of education
+arrive at the same mental status as that enjoyed by men, but they have a
+quickness of apprehension, which is usually called leaping at
+conclusions, that is astonishing. There, then, we have distinctive
+traits of a woman, namely, endurance, loving submission, and quickness
+of apprehension. Wifehood is the crowning glory of a woman. In it she is
+bound for all time. To her husband she owes the duty of unqualified
+obedience. There is no crime which a man can commit which justifies his
+wife in leaving him or applying for that monstrous thing, divorce. It
+is her duty to subject herself to him always, and no crime that he can
+commit can justify her lack of obedience. If he be a bad or wicked man,
+she may gently remonstrate with him, but refuse him never. Let divorce
+be anathema; curse it; curse this accursed thing, divorce; curse it,
+curse it! Think of the blessedness of having children. I am the father
+of many children and there have been those who have ventured to pity me.
+'Keep your pity for yourself,' I have replied, 'they never cost me a
+single pang.' In this matter let woman exercise that endurance and
+loving submission which, with intricacy of thought, are their only
+characteristics."
+
+From the Philadelphia _Public Ledger and Daily Transcript_, July 20,
+1848: "Our Philadelphia ladies not only possess beauty, but they are
+celebrated for discretion, modesty, and unfeigned diffidence, as well as
+wit, vivacity, and good nature. Who ever heard of a Philadelphia lady
+setting up for a reformer or standing out for woman's rights, or
+assisting to _man_ the election grounds [_sic_], raise a regiment,
+command a legion, or address a jury? Our ladies glow with a higher
+ambition. They soar to rule the hearts of their worshippers, and secure
+obedience by the sceptre of affection.... But all women are not as
+reasonable as ours of Philadelphia. The Boston ladies contend for the
+rights of women. The New York girls aspire to mount the rostrum, to do
+all the voting, and, we suppose, all the fighting, too.... Our
+Philadelphia girls object to fighting and holding office. They prefer
+the baby-jumper to the study of Coke and Lyttleton, and the ball-room to
+the Palo Alto battle. They object to having a George Sand for President
+of the United States; a Corinna for Governor; a Fanny Wright for Mayor;
+or a Mrs. Partington for Postmaster.... Women have enough influence over
+human affairs without being politicians.... A woman is nobody. A wife is
+everything. A pretty girl is equal to ten thousand men, and a mother is,
+next to God, all powerful.... The ladies of Philadelphia, therefore,
+under the influence of the most 'sober second thoughts' are resolved to
+maintain their rights as Wives, Belles, Virgins, and Mothers, and not as
+Women."
+
+From the "Editor's Table" of _Harper's New Monthly Magazine_, November,
+1853: "Woman's Rights, or the movement that goes under that name, may
+seem to some too trifling in itself and too much connected with
+ludicrous associations to be made the subject of serious arguments. If
+nothing else, however, should give it consequence, it would demand our
+earnest attention from its intimate connection with all the radical and
+infidel movements of the day. A strange affinity seems to bind them all
+together.... But not to dwell on this remarkable connection--the claim
+of 'woman's rights' presents not only the common radical notion which
+underlies the whole class, but also a peculiar enormity of its own; in
+some respects more boldly infidel, or defiant both of nature and
+revelation, than that which characterises any kindred measure. It is
+avowedly opposed to the most time-honoured proprieties of social life;
+it is opposed to nature; it is opposed to revelation.... This unblushing
+female Socialism defies alike apostles and prophets. In this respect no
+kindred movement is so decidedly infidel, so rancorously and avowedly
+anti-biblical.
+
+"It is equally opposed to nature and the established order of society
+founded upon it. We do not intend to go into any physiological argument.
+There is one broad striking fact in the constitution of the human
+species which ought to set the question at rest for ever. This is the
+fact of maternity.... From this there arise, in the first place,
+physical impediments which, during the best part of the female life, are
+absolutely insurmountable, except at a sacrifice of almost everything
+that distinguishes the civilized human from the animal, or beastly, and
+savage state. As a secondary, yet inevitably resulting consequence,
+there come domestic and social hindrances which still more completely
+draw the line between the male and female duties.... Every attempt to
+break through them, therefore, must be pronounced as unnatural as it is
+irreligious and profane.... The most serious importance of this modern
+'woman's rights' doctrine is derived from its direct bearing upon the
+marriage institution. The blindest must see that such a change as is
+proposed in the relations and life of the sexes cannot leave either
+marriage or the family in their present state. It must vitally affect,
+and in time wholly sever, that oneness which has ever been at the
+foundation of the marriage idea, from the primitive declaration in
+Genesis to the latest decision of the common law. This idea gone--and it
+is totally at war with the modern theory of 'woman's rights'--marriage
+is reduced to the nature of a contract simply.... That which has no
+higher sanction than the will of the contracting parties, must, of
+course, be at any time revocable by the same authority that first
+created it. That which makes no change in the personal relations, the
+personal rights, the personal duties, is not the holy marriage _union_,
+but the unholy _alliance_ of concubinage."
+
+In a speech of Senator George G. Vest, of Missouri, in the United States
+Senate, January 25, 1887, these: "I now propose to read from a pamphlet
+sent to me by a lady.... She says to her own sex: 'After all, men work
+for women; or, if they think they do not, it would leave them but sorry
+satisfaction to abandon them to such existence as they could arrange
+without us.'
+
+"Oh, how true that is, how true!"
+
+In 1890 a bill was introduced in the New York Senate to lower the "age
+of consent"--the age at which a girl may legally consent to sexual
+intercourse--from 16 to 14. It failed. In 1892 the brothel keepers tried
+again in the Assembly. The bill was about to be carried by universal
+consent when the chairman of the Judiciary Committee, feeling the
+importance of the measure, called for the individual yeas and nays, in
+order that the constituents of the representatives might know how their
+legislators voted. The bill thereupon collapsed. In 1889 a motion was
+made in the Kansas Senate to lower the age of consent from 18 to _12_.
+But the public heard of it; protests flowed in; and under the pressure
+of these the law was allowed to remain as it was.
+
+Such are some typical examples of the warfare of the opposition to all
+that pertains to advancing the status of women. As I review the progress
+of their rights, let the reader recollect that this opposition was
+always present, violent, loud, and often scurrilous.
+
+In tracing the history of women's rights in the United States my plan
+will be this: I shall first give a general review of the various
+movements connected with the subject; and I shall then lay before the
+reader a series of tables, wherein may be seen at a glance the status of
+women to-day in the various States.
+
+[Sidenote: Single women.]
+
+[Sidenote: History of agitation for women's rights.]
+
+In our country, as in England, single women have at all times had
+practically the same legal rights as men; but by no means the same
+political, social, educational, or professional privileges; as will
+appear more conclusively later on.
+
+We may say that the history of the agitation for women's rights began
+with the visit of Frances Wright to the United States in 1820. Frances
+Wright was a Scotchwoman, born at Dundee in 1797, and early exhibited a
+keen intellect on all the subjects which concern political and social
+reform. For several years after 1820 she resided here and strove to make
+men and women think anew on old traditional beliefs--more particularly
+on theology, slavery, and the social degradation of women. The venomous
+denunciations of press and pulpit attested the success of her efforts.
+In 1832 Lydia Maria Child published her _History of Woman_, a résumé of
+the status of women; and this was followed by numerous works and
+articles, such as Margaret Fuller's, _The Great Lawsuit, or Man vs.
+Woman: Woman vs. Man_, and Eliza Farnham's _Woman and her Era_. Various
+women lectured; such as Ernestine L. Rose--a Polish woman, banished for
+asserting her liberty. The question of women's rights received a
+powerful impetus at this period from the vast number of women who were
+engaged in the anti-slavery agitation. Any research into the validity of
+slavery perforce led the investigators to inquire into the justice of
+the enforced status of women; and the two causes were early united.
+Women like Angelina and Sarah Grimké and Lucretia Mott were pioneers in
+numerous anti-slavery conventions. But as soon as they dared to address
+meetings in which men were present, a tempest was precipitated; and in
+1840, at the annual meeting of the Anti-Slavery Association, the men
+refused to serve on any committee in which any woman had a part;
+although it had been largely the contributions of women which were
+sustaining the cause. Affairs reached a climax in London, in 1840, at
+the World's Anti-Slavery Convention. Delegates from all anti-slavery
+organisations were invited to take part; and several American societies
+sent women to represent them. These ladies were promptly denied any
+share in the proceedings by the English members, thanks mainly to the
+opposition of the clergy, who recollected with pious satisfaction that
+St. Paul permitted not a woman to teach. Thereupon Lucretia Mott and
+Elizabeth Cady Stanton determined to hold a women's rights convention as
+soon as they returned to America; and thus a World's Anti-Slavery
+Convention begat an issue equally large.
+
+Accordingly, the first Women's Rights Convention was held at Seneca
+Falls, New York, July 19-20, 1848. It was organised by _divorced wives,
+childless women, and sour old maids_, the gallant newspapers declared;
+that is, by Mrs. Elizabeth Cady Stanton, Mrs. Lucretia Mott, Mrs.
+McClintock, and other fearless women, who not only lived the purest and
+most unselfish of domestic lives, but brought up many children besides.
+Great crowds attended. A _Declaration of Sentiments_ was moved and
+adopted; and as this exhibits the temper of the convention and
+illustrates the then prevailing status of women very clearly, I shall
+quote it:
+
+DECLARATION OF SENTIMENTS
+
+"When, in the course of human events, it becomes necessary for one
+portion of the family of man to assume among the people of the earth a
+position different from that which they have hitherto occupied, but one
+to which the laws of nature and of nature's God entitle them, a decent
+respect to the opinions of mankind requires that they should declare the
+causes which impel them to such a course.
+
+"We hold these truths to be self-evident: that all men and women are
+created equal; that they are endowed by their Creator with certain
+inalienable rights; that among these are life, liberty, and the pursuit
+of happiness; that to secure these rights governments are instituted,
+deriving their just powers from the consent of the governed. Whenever
+any form of government becomes destructive of those ends, it is the
+right of those who suffer from it to refuse allegiance to it, and to
+insist upon the institution of a new government, laying its foundation
+on such principles, and organising its powers in such form, as to them
+shall seem most likely to effect their safety and happiness. Prudence,
+indeed, will dictate that governments long established should not be
+changed for light or transient causes; and accordingly all experience
+hath shown that mankind are more disposed to suffer, while evils are
+sufferable, than to right themselves by abolishing the forms to which
+they were accustomed. But when a long train of abuses and usurpations,
+pursuing invariably the same object, evinces a design to reduce them
+under absolute despotism, it is their duty to throw off such government,
+and to provide new guards for their future security. Such has been the
+patient sufferance of the women under this government, and such is now
+the necessity which constrains them to demand the equal station to which
+they are entitled.
+
+"The history of mankind is a history of repeated injuries and
+usurpations on the part of man toward woman, having in direct object the
+establishment of an absolute tyranny over her. To prove this, let facts
+be submitted to a candid world.
+
+"He has never permitted her to exercise her inalienable right to the
+elective franchise.
+
+"He has compelled her to submit to laws, in the formation of which she
+had no voice.
+
+"He has withheld from her rights which are given to the most ignorant
+and degraded men--both natives and foreigners.
+
+"Having deprived her of this first right of a citizen, the elective
+franchise, thereby leaving her without representation in the halls of
+legislation, he has oppressed her on all sides.
+
+"He has made her, if married, in the eye of the law, civilly dead.
+
+"He has taken from her all right in property, even to the wages she
+earns.
+
+"He has made her, morally, an irresponsible being, as she can commit
+many crimes with impunity, provided they be done in the presence of her
+husband. In the covenant of marriage, she is compelled to promise
+obedience to her husband, he becoming, to all intents and purposes, her
+master--the law giving him power to deprive her of her liberty, and to
+administer chastisement.
+
+"He has so framed the laws of divorce, as to what shall be the proper
+causes, and, in case of separation, to whom the guardianship of the
+children shall be given, as to be wholly regardless of the happiness of
+women--the law in all cases going upon a false supposition of the
+supremacy of man, and giving all power into his hands.
+
+"After depriving her of all rights as a married woman, if single, and
+the owner of property, he has taxed her to support a government which
+recognises her only when her property can be made profitable to it.
+
+"He has monopolised nearly all the profitable employments, and from
+those she is permitted to follow she receives but a scanty remuneration.
+He closes against her all the avenues of wealth and distinction which he
+considers most honourable to himself. As a teacher of theology,
+medicine, or law, she is not known.
+
+"He has denied her the facilities for obtaining a thorough education,
+all colleges being closed against her.
+
+"He allows her in church, as well as state, but a subordinate position,
+claiming Apostolic authority for her exclusion from the ministry, and,
+with some exceptions, from any public participation in the affairs of
+the church.
+
+"He has created a false public sentiment by giving to the world a
+different code of morals for men and women, by which moral delinquencies
+which exclude women from society are not only tolerated, but deemed of
+little account in man.
+
+"He has usurped the prerogative of Jehovah himself, claiming it as his
+right to assign for her a sphere of action, when that belongs to her
+conscience and to her God.
+
+"He has endeavoured, in every way that he could, to destroy her
+confidence in her own powers, to lessen her self-respect, and to make
+her willing to lead a dependent and abject life.
+
+"Now, in view of this entire disfranchisement of one half the people of
+this country, their social and religious degradation; in view of the
+unjust laws above mentioned, and because women do feel themselves
+aggrieved, oppressed, and fraudulently deprived of their most sacred
+rights, we insist that they have immediate admission to all the rights
+and privileges which belong to them as citizens of the United States.
+
+"In entering upon the great work before us, we anticipate no small
+amount of misconception, misrepresentation, and ridicule; but we shall
+use every instrumentality within our power to effect our object. We
+shall employ agents, circulate tracts, petition the State and National
+legislatures, and endeavour to enlist the pulpit and press in our
+behalf. We hope this Convention will be followed by a series of
+Conventions embracing every part of the country."
+
+Such was the defiance of the Women's Rights Convention in 1848; other
+conventions were held, as at Rochester, in 1853, and at Albany in 1854;
+the movement extended quickly to other States and touched the quick of
+public opinion. It bore its first good fruits in New York in 1848, when
+the Property Bill was passed. This law, amended in 1860, and entitled
+"An Act Concerning the Rights and Liabilities of Husband and Wife"
+(March 20, 1860), emancipated completely the wife, gave her full control
+of her own property, allowed her to engage in all civil contracts or
+business on her own responsibility, rendered her joint guardian of her
+children with her husband, and granted both husband and wife a one-third
+share of one another's property in case of the decease of either
+partner.
+
+Thus New York became the pioneer. The movement spread, as I have
+mentioned, with amazing rapidity; but it was not so uniformly
+successful. Conventions were held, for example, in Ohio, at Salem,
+April 19-20, 1850; at Akron, May 28-29, 1851; at Massillon on May 27,
+1852. Nevertheless, in 1857, the Legislature of Ohio passed a bill
+enacting that no married man should dispose of any personal property
+without having first obtained the consent of his wife; the wife was
+empowered, in case of a violation of this law, to commence a civil suit
+in her own name for the recovery of the property; and any married woman
+whose husband deserted her or neglected to provide for his family was to
+be entitled to his wages and to those of her minor children. A bill to
+extend suffrage to women was defeated, by a vote of 44 to 44; the
+petition praying for its enactment had received 10,000 signatures.
+
+The course of events as it has been described in New York and Ohio, is
+practically the same in the case of the other States. The Civil War
+relegated these issues to a secondary place; but during that momentous
+conflict the heroism of Clara Barton on the battlefield and of thousands
+of women like her paved the way for a reassertion of the rights of woman
+in the light of her unquestioned exertions and unselfish labours for her
+country in its crisis. After the war, attention began to be concentrated
+more on the right to _vote_. By the Fourteenth Amendment the franchise
+was at once given to negroes; but the insertion of the word _male_
+effectually barred any national recognition of woman's right to vote. A
+vigorous effort was made by the suffrage leaders to have _male_
+stricken from the amendment; but the effort was futile. Legislators
+thought that the black man's vote ought to be secured first; as the _New
+York Tribune_ (Dec. 12, 1866) puts it snugly: "We want to see the ballot
+put in the hands of the black without one day's delay added to the long
+postponement of his just claim. When that is done, we shall be ready to
+take up the next question" (i.e., woman's rights).
+
+The first Women's Rights Convention after the Civil War had been held in
+New York City, May 10, 1866, and had presented an address to Congress.
+Such was the dauntless courage of the leaders, that Mrs. Stanton offered
+herself as a candidate for Congress at the November elections, in order
+to test the constitutional rights of a woman to run for office. She
+received twenty-four votes.
+
+Six years later, on November I, 1872, Miss Susan B. Anthony did a far
+more Audacious thing. She went to the polls and asked to be registered.
+The two Republican members of the board were won over by her exposition
+of the Fourteenth Amendment and agreed to receive her name, against the
+advice of their Democratic colleague and a United States supervisor.
+Following Miss Anthony's example, some fifty other women of Rochester
+registered. Fourteen voted and were at once arrested under the
+enforcement act of Congress of May 31, 1870 (_section_ 19). The case of
+Miss Anthony was argued, ably by her attorney; but she was adjudged
+guilty. A _nolle prosequi_ was entered for the women who voted with her.
+
+Immediately after the decision in her case, the inspectors who had
+registered the women were put on trial because they "did knowingly and
+willfully register as a voter of said District one Susan B. Anthony,
+she, said Susan B. Anthony, then and there not being entitled to be
+registered as a voter of said District in that she, said Susan B.
+Anthony, was then and there a person of the female sex, contrary to the
+form of the statute of the United States of America in such case made
+and provided, and against the peace of the United States of America and
+their dignity." The defendants were ordered to pay each a fine of
+twenty-five dollars and the costs of the prosecution; but the sentence
+was revoked and an unconditional pardon given them by President Grant,
+in an order dated March 3, 1874. Miss Anthony was forced to pay her
+fine, in spite of an appeal to Congress.
+
+Such were the stirring times when the agitation for women's rights was
+first brought to the fore as a national issue. Within a few years,
+various States, like New York and Kansas, put the question of equal
+suffrage for women before its voters; they in general rejected the
+measure. At present there are four States which give women complete
+suffrage and right to vote on all questions with the same privileges as
+men, viz., Wyoming (1869), Colorado (1893), Utah (1896), and Idaho
+(1896). In 1838 Kentucky gave school suffrage to widows with children
+of school age; in 1861 Kansas gave it to all women. School suffrage was
+granted all women in 1875 by Michigan and Minnesota, in 1876 by
+Colorado, in 1878 by New Hampshire and Oregon, in 1879 by Massachusetts,
+in 1880 by New York and Vermont, in 1883 by Nebraska, in 1887 by North
+and South Dakota, Montana, Arizona, and New Jersey. Kansas gave
+municipal suffrage in 1887; and Montana gave tax-paying women the right
+to vote upon all questions submitted to the tax-payers. In 1891 Illinois
+granted school suffrage, as did Connecticut in 1893. Iowa gave bond
+suffrage in 1894. In 1898 Minnesota gave women the right to vote for
+library trustees, Delaware gave school suffrage to tax-paying women, and
+Louisiana gave tax-paying women the right to vote upon all questions
+submitted to the tax-payers. Wisconsin gave school suffrage in 1900. In
+1901 New York gave tax-paying women in all towns and villages of the
+State the right to vote on questions of local taxation; and the Kansas
+Legislature voted down almost unanimously a proposal to repeal municipal
+suffrage. In 1903 Kansas gave bond suffrage; and in 1907 the new State
+of Oklahoma continued school suffrage. In 1908 Michigan gave all women
+who pay taxes the right to vote upon questions of local taxation and the
+granting of franchises.
+
+The history of the "age of legal consent" has an importance which
+through prudery and a wilful ignorance of facts the public has never
+fully realised. I shall have considerable to say of it later. It will
+suffice for the moment to remark that until the decade preceding 1898
+the old Common Law period of ten, sometimes twelve, years was the basis
+of "age of consent" legislation in most States and in the Territories
+under the jurisdiction of the national government. In 1885 the age in
+Delaware was _seven_.
+
+[Sidenote: Age of Legal consent.]
+
+[Sidenote: The beginnings of higher education for women.]
+
+The Puritans, burning with an unquenchable zeal for liberty, fled to
+America in order to build a land of freedom and strike off the
+shackles of despotism. After they were comfortably settled, they
+forthwith proceeded, with fine humour, to expel mistress Anne Hutchinson
+for venturing to speak in public, to hang superfluous old women for
+being witches, and to refuse women the right to an education. In 1684,
+when a question arose about admitting girls to the Hopkins School of New
+Haven, it was decided that "all girls be excluded as improper and
+inconsistent with such a grammar school as ye law enjoins and as in the
+Designs of this settlement." "But," remarks Professor Thomas, "certain
+small girls whose manners seem to have been neglected and who had the
+natural curiosity of their sex, sat on the schoolhouse steps and heard
+the boys recite, or learned to read and construe sentences from their
+brothers at home, and were occasionally admitted to school."
+
+In the course of the next century the world moved a little; and in
+1789, when the public school system was established in Boston, girls
+were admitted from April to October; but until 1825 they were allowed to
+attend primary schools only. In 1790 Gloucester voted that "two hours,
+or a proportional part of that time, be devoted to the instruction of
+females." In 1793 Plymouth accorded girls one hour of instruction daily.
+
+The first female seminary in the United States was opened by the
+Moravians in Bethlehem, Pennsylvania, in 1749. It was unique. In 1803,
+of 48 academies or higher schools fitting for college in Massachusetts,
+only three were for girls, although a few others admitted both boys and
+girls.
+
+The first instance of government aid for the systematic education of
+women occurred in New York, in 1819. This was due to the influence of a
+remarkable woman. Mrs. Emma Willard had begun teaching in Connecticut
+and by extraordinary diligence mastered not only the usual subjects of
+the curriculum, but in addition botany, chemistry, mineralogy,
+astronomy, and the higher mathematics. She had, moreover, striven always
+to introduce new subjects and new methods into her school, and with such
+success that Governor Clinton, of New York, invited her to that State
+and procured her a government subsidy. Her school was established first
+at Watervliet, but soon moved to Troy. This seminary was the first
+girls' school in which the higher mathematics formed a part of the
+course; and the first public examination of a girl in geometry, in 1829,
+raised a storm of ridicule and indignation--the clergy, as usual,
+prophesying the speedy dissolution of all family bonds and therefore, as
+they continued with remorseless logic, of the state itself. But Mrs.
+Willard continued her ways in spite of clerical disapproval and
+by-and-by projected a system of normal schools for the higher education
+of teachers, and even suggested women as superintendents of public
+schools. New York survived and does not even remember the names of the
+patriots who fought a lonely woman so valiantly.
+
+The first female seminary to approach college rank was Mt. Holyoke,
+which was opened by Mary Lyon at South Hadley, Mass., in 1836. Vassar,
+the next, dates from 1865; and Radcliffe, the much-abused "Harvard
+Annex," was instituted in 1879. These were the first colleges
+exclusively for women. Oberlin College had from its foundation, in 1833,
+admitted men and women on equal terms; although it took pains to express
+its hearty disapproval of those women who, after graduation, had the
+temerity to advocate political rights for women--rights which that same
+Oberlin insisted should be given the negro at once. In 1858, when Sarah
+Burger and other women applied for admission to the University of
+Michigan, their request was refused.
+
+[Sidenote: First women in medicine.]
+
+It was hard enough for women to assert their rights to a higher
+education; to enter a profession was almost impossible. Nevertheless,
+it was done. The pioneer in medicine was Harriet K. Hunt who practised
+in Boston from 1822 to 1872 without a diploma; but in 1853 the Woman's
+Medical College of Pennsylvania conferred upon her the degree of Doctor
+of Medicine. The first woman to receive a diploma from a college after
+completing the regular course was Elizabeth Blackwell, who attained that
+distinction at Geneva, New York, in 1848. The first adequate woman's
+medical institution was Miss Blackwell's New York Infirmary, chartered
+in 1854. In 1863, Dr. Zakrzewska, in co-operation with Lucy Goddard and
+Ednah D. Cheney, established the New England Hospital for Women and
+Children, which aimed to provide women the medical aid of competent
+physicians of their own sex, to assist educated women in the practical
+study of medicine, and to train nurses for the care of the sick.[411]
+
+[Sidenote: In law.]
+
+In law, it would seem that Mistress Brut practised in Baltimore as early
+as 1647; but after her the first woman lawyer in the United States was
+Arabella A. Mansfield, of Mt. Pleasant, Iowa. She was admitted to the
+bar in 1864. By 1879 women were allowed to plead before the Supreme
+Court of the United States.[412]
+
+[Sidenote: In the ministry.]
+
+Coming now to the consideration of the ministry, the first woman to
+attempt to assert a right to that profession was Anne Hutchinson, of
+Boston, in 1634. She was promptly banished. Among the Friends and the
+Shakers women like Lucretia Mott and Anne Lee preached; and among the
+primitive Methodists and similar bodies women were always permitted to
+exhort; but the first regularly ordained woman in the United States
+appears to have been Rev. Antoinette Brown Blackwell, of the
+Congregational Church who was ordained in 1852. In 1864 Rev. Olympia
+Brown settled as pastor of the parish at Weymouth Landing, in
+Massachusetts; and the Legislature acknowledged marriages solemnised by
+women as legal. Phebe Hanaford, Mary H. Graves, and Lorenza Haynes were
+the first Massachusetts women to be ordained preachers of the Gospel;
+the latter was at one time chaplain of the Maine House of
+Representatives. The best known woman in the ministry at the present day
+is Rev. Anna Howard Shaw, a Methodist minister, president of the
+National American Woman's Suffrage Association.[413]
+
+[Sidenote: As newspaper editors.]
+
+Women have from very early times been exceedingly active in newspaper
+work. Anna Franklin printed the first newspaper in Rhode Island, in
+1732; she was made official printer to the colony. When the founder of
+the _Mercury_, of Philadelphia, died in 1742, his widow, Mrs. Cornelia
+Bradford, carried it on for many years with great success, just as Mrs.
+Zenger continued the _New York Weekly Journal_--the second newspaper
+started in New York--for years after the death of her husband. Anna K.
+Greene established the _Maryland Gazette_, the first paper in that
+colony, in 1767. Penelope Russell printed _The Censor_ in Boston, in
+1771. In fact, there was hardly a colony in which women were not
+actively engaged in printing. After the Revolution they were still more
+active. Mrs. Anne Royal edited _The Huntress_ for a quarter of a
+century. Margaret Fuller ran _The Dial_, in Boston, in 1840 and numbered
+Emerson and William Channing among her contributors. From 1840 to 1849
+the mill girls of Lowell edited the _Lowell Offering_. These are but a
+few examples of what women have done in newspaper work. How very
+influential they are to-day every one knows who is familiar with the
+articles and editorial work appearing in newspapers and magazines; and
+that women are very zealous reporters many people can attest with
+considerable vigour.[414]
+
+[Sidenote: Women in industry.]
+
+The enormous part which women now play in industry and in all economic
+production is a concomitant of the factory system, specialised industry,
+and all that makes a highly elaborated and complex society. Before the
+introduction of machine industry, and in the simple society of the
+colonial days, women were no less a highly important factor in economic
+production; but not as wage earners. Their importance lay in the fact
+that spinning, weaving, brewing, cheese and butter making, and the like
+were matters attended to by each household to supply its own wants; and
+this was considered the peculiar sphere of the housewife. In 1840
+Harriet Martineau found only seven employments open to women in the
+United States, viz., teaching, needlework, keeping boarders, working in
+cotton mills and in book binderies, type-setting, and household service.
+
+I shall now present a series of fifty tables, by means of which the
+reader may see at a glance the status of women in all the States to-day.
+For convenience, I shall arrange the views alphabetically.
+
+
+TABLES SHOWING THE PRESENT STATUS OF WOMEN IN THE UNITED STATES.
+
+The right of "dower," as used in these tables, refers to the widow's
+right, under the Common Law, to the possession, for her life-time, of
+one third of the real estate of which her husband was possessed in
+fee-simple during the marriage.
+
+"Curtesy" is the right of the husband after his wife's death to the life
+use of his wife's real estate, sometimes dependent on the birth of
+children, sometimes not; and usually the absolute right to her whole
+personal estate.
+
+It must be remembered that the enforcement Of certain laws,
+particularly in regard to child labour, is extremely lax in many States.
+It will be noted also that an unscrupulous employer could find loopholes
+in some of the statutes. The reader can observe these things for himself
+in his particular State.
+
+
+
+_Alabama_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 916,764; female 911,933.
+
+HUSBAND AND WIFE: Wife controls own earnings and has full control of own
+property; but she cannot mortgage her real and personal property or
+alienate it without husband's consent. Married women may execute will
+without concurrence of husband and may bar latter's right of curtesy.
+Husband may appoint guardian for children by will; but wife has custody
+of them until they are fourteen. If a wife commits a crime in
+partnership with her husband she cannot be punished (except for murder
+and treason). Husband is not required by law to support the family.
+
+DIVORCE: Absolute divorce is granted for incurable impotence, adultery,
+desertion for two years, imprisonment for two years or more, crimes
+against nature, habitual drunkenness after marriage; in favour of
+husband if wife was pregnant at time of marriage without his knowledge
+or agency, in favour of wife for physical violence on part of husband
+endangering life or health, or when there is reasonable apprehension of
+such violence.
+
+Limited divorce is granted for cruelty in either of the parties or any
+other cause which would justify absolute divorce, if the party desires
+only a divorce from bed and board.
+
+LABOUR LAWS: Women not allowed to work in mines. Children under 12 not
+permitted to work in any factory. All employers of women must provide
+seats and must allow women to rest when not actively engaged.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: There
+is no suffrage. Women not eligible for any elective office; they may be
+notaries public. There are 18 women in the ministry, 12 journalists, 1
+dentist, 3 lawyers, 16 doctors, 3 professors, 2 bankers, 5 saloon
+keepers, 4 commercial travellers, 11 carpenters, etc.
+
+
+_Arizona_
+
+AGE OF LEGAL CONSENT: 17.
+
+POPULATION: Male 71,795; female 51,136.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Wife has control of
+property which she had before marriage. Wife may contract debts for
+necessaries for herself and children upon credit of husband. She may sue
+and be sued and make contracts in her own name as regards her separate
+property, but must sue jointly with husband for personal injuries, and
+damages recovered are community property and in his control. Father is
+legal guardian of minor children; at his death mother becomes guardian
+as long as she remains unmarried.
+
+DIVORCE: Absolute divorce for excesses, cruelty, or outrage, adultery,
+impotence, conviction for a felony, desertion for one year, neglect of
+husband to provide for one year, habitual intemperance; in favour of
+husband if wife was pregnant at time of marriage without his knowledge
+or agency.
+
+There is no limited divorce; but when the husband wilfully abandons his
+wife, she can maintain an action against him for permanent maintenance
+and support.
+
+LABOUR LAWS: No woman or minor may work or give any exhibition in a
+saloon.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+21 years old or more who are mothers or guardians of a child of school
+age are eligible to the office of school trustee and may vote for such
+officers. There are 12 women in the ministry, 1 dentist, 2 journalists,
+4 lawyers, 4 doctors, 628 saloon keepers, 2 bankers, etc.
+
+
+
+_Arkansas_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 675,312; female 636,252.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower exists, but not
+curtesy. Wife may sell or transfer her separate real estate without
+husband's consent. Father is legal guardian of children, but cannot
+apprentice them or create testamentary guardianship for them without
+wife's consent. At husband's death wife may be guardian of persons of
+children, but not of their property, unless derived from her.
+
+DIVORCE: Absolute or limited divorce for impotence, wilful desertion for
+a year, when husband or wife had a former wife or husband living at the
+time of the marriage sought to be set aside, conviction for felony or
+other infamous crime, habitual drunkenness for one year, intolerable
+indignities, and adultery subsequent to marriage.
+
+LABOUR LAWS: Labour contracts of married women, approved by their
+husbands, are legal and binding. No woman may work in a mine.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 13 women are ministers, 6 journalists, 9 lawyers, 39 doctors,
+3 professors, 3 saloon keepers, 9 commercial travellers, etc.
+
+
+
+_California_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 820,531; female 664,522.
+
+HUSBAND AND WIFE: Wife controls own earnings. Wife may dispose of
+separate property without husband's consent. In torts of a personal
+nature she must sue jointly with her husband. Husband is guardian of
+minor children; wife becomes so at his death. Husband must provide for
+family. If husband has no property or is disabled, wife must support him
+and the family out of her property or earnings.
+
+DIVORCE: Absolute divorce for adultery, extreme cruelty, wilful
+desertion for one year, wilful neglect for one year, habitual
+intemperance for one year, conviction for felony.
+
+There are no statutory provisions for limited divorce. But when the wife
+has any cause for action as provided in the code, she may, without
+applying for a divorce, maintain an action against her husband for
+permanent support and maintenance of herself or of herself and children.
+
+LABOUR LAWS: Sex shall be no disqualification for entering any business,
+vocation, or profession. Children under 16 may not be let out for
+acrobatic performances or any exhibition endangering life or morals. Any
+one who sends a minor under the age of 18 to a saloon, gambling house,
+or brothel, is guilty of a misdemeanour. One day of rest each week must
+be given all employees.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. May be elected school trustees. May be notaries public. There
+are 201 women in the ministry, 52 dentists, 116 journalists, 60 lawyers,
+522 doctors, 8 professors, 129 saloon keepers, 9 bankers, 23 commercial
+travellers, etc.
+
+
+_Colorado_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 295,332; female 244,368.
+
+HUSBAND AND WIFE: Wife controls own earnings. No assignment of wages by
+a married man is valid without the consent of his wife. Neither dower
+nor curtesy obtains. Husband and wife have same rights in making wills.
+Wife can sue and be sued as if unmarried. She is joint guardian of
+children with husband and has equal powers. Husband must support family.
+
+DIVORCE: Absolute divorce for impotence, when husband or wife had a wife
+or husband living at time of marriage, adultery subsequent to marriage,
+wilful desertion for one year, cruelty (including the infliction of
+mental suffering as well as physical violence), neglect to provide for
+one year, habitual drunkenness for one year, conviction for felony.
+
+There is no limited divorce.
+
+LABOUR LAWS: Eight hours the usual day's work. Children under 12 may not
+work in mines; none under 14 may exhibit in saloons, variety theatres,
+or any place endangering morals. No female help may be sent to any place
+of bad repute. Children under 14 may not be employed in mills or
+factories. No woman may work underground in a mine. All employers of
+women must provide seats.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full
+suffrage. Women are eligible to all offices; 10 have served in the
+Legislature. There are 39 women in the ministry, 23 dentists, 28
+journalists, 17 lawyers, 172 doctors, 4 professors, 17 saloon keepers,
+12 bankers, 8 commercial travellers, etc.
+
+
+_Connecticut_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 454,294; female 454,126.
+
+HUSBAND AND WIFE: Wife controls own earnings. No dower or curtesy.
+Survivor gets one third of property. Wife controls own property. Wife
+and husband joint guardians of children with equal powers. Husband must
+support family.
+
+DIVORCE: Absolute divorce for adultery, fraudulent contract, wilful
+desertion for three years with total neglect of duty, seven years'
+absence when absent party is not heard from during that period, habitual
+intemperance, intolerable cruelty, sentence to imprisonment for life,
+any infamous crime involving a violation of conjugal duty and punishable
+by imprisonment.
+
+There is no limited divorce.
+
+LABOUR LAWS: No child under 12 may give exhibition endangering limbs or
+morals. Employers of females may not send them to any place of bad
+repute. Eight hours is a day's work. Women employees must have seats to
+rest. No woman shall be forced to labour more than ten hours a day.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Women have school suffrage and may be elected school trustees. There are
+45 women in the ministry, 6 dentists, 122 doctors, 1 professor, 28
+saloon keepers, 4 bankers, 13 commercial travellers, 14 carpenters, etc.
+
+
+_Delaware_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 94,158; female 90,577.
+
+HUSBAND AND WIFE: Wife controls own earnings. If there is a child or
+lawful issue of a child living, widow has a life interest in one third
+of the real estate and one third absolutely of the personal property. If
+there is no child nor the descendant of a child living, widow has a life
+interest in one half of the real estate and one half absolutely of the
+personal estate. If there are neither descendants nor kin of husband,
+she gets the entire real estate for her life, and all the personal
+estate absolutely. Father is legal guardian of children and he alone may
+appoint a guardian at his death. Husband must support family.
+
+DIVORCE: Absolute divorce for adultery, desertion for three years,
+habitual drunkenness, impotence, extreme cruelty, conviction for felony,
+procurement of marriage by fraud for want of age, wilful neglect to
+provide for three years.
+
+Limited divorce may be decreed, in the discretion of the court, for the
+last two causes mentioned.
+
+LABOUR LAWS: All female employees must be provided with seats. Sunday
+labour forbidden. No minor under 15 may be let out for any gymnastic or
+other exhibition endangering body or morals. Separate lunch, wash-rooms,
+etc., for all women employees; the rooms must be kept reasonably heated.
+Using indecent or profane language towards a female employee is a
+misdemeanour. The governor must appoint a _female_ factory inspector who
+shall see that these laws are enforced. Children under 14 may not work
+in mills and factories; and no child under 16 shall be forced to labour
+more than nine hours daily.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+in Milford, Townsend, Wyoming, and Newark who pay a property tax may
+vote for Town Commissioners. All such women in the State may vote for
+school trustees. There are 4 women in the ministry, 3 dentists, 1
+journalist, 1 lawyer, 7 doctors, 8 saloon keepers, 1 commercial
+traveller, 2 carpenters, etc.
+
+
+_District of Columbia_
+
+AGE OF LEGAL CONSENT; 16.
+
+POPULATION: Male 132,004; female 146,714.
+
+HUSBAND AND WIFE: Wife controls own earnings and property, may be sued
+and sue, carry on business, etc., as if unmarried. Husband and wife are
+equal guardians of children. Husband must furnish reasonable support if
+he have property. Both dower and curtesy obtain.
+
+DIVORCE: Absolute divorce for bigamy, insanity at time of marriage,
+impotence, adultery habitual drunkenness for three years, cruel
+treatment endangering life or health.
+
+Limited divorce for drunkenness, cruelty, and desertion.
+
+In case of absolute divorce, only the innocent party may remarry; but
+the divorced parties may marry each other again.
+
+LABOUR LAWS: No child under 14 may be let out for any public exhibition
+endangering body or morals. Seats must be provided for women employees.
+Employment agencies must not send applicants to places of bad repute.
+Children under 14 may not be employed in any factory, hotel, etc.; but
+judge of juvenile court may give dispensation to child between 12 and
+14. No girl under 16 may be bootblack or sell papers or any other wares
+publicly.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public and members of Board of
+Education. 17 women in the ministry, 7 dentists, 38 journalists, 23
+lawyers, 56 doctors, 18 saloon keepers, 1 banker, 7 commercial
+travellers, 2 carpenters, etc.
+
+
+_Florida_
+
+AGE OF LEGAL CONSENT: 16 (but 10 practically, as penalty above 10 is
+insignificant).
+
+POPULATION: Male 275,246; female 253,296.
+
+HUSBAND AND WIFE: Wife controls own earnings and owns separate estate;
+but cannot transfer her real or personal property without husband's
+consent. Dower prevails, but not curtesy. Wife may make a will as if
+unmarried. Husband is legal guardian of children. Husband must support
+family.
+
+DIVORCE: Absolute divorce for impotence, where the parties are within
+the degrees prohibited by the law, adultery, bigamy, extreme cruelty,
+habitual indulgence in violent and ungovernable temper, habitual
+intemperance, desertion for one year, if husband or wife has obtained a
+divorce elsewhere and if the applicant has been a citizen of Florida for
+two years.
+
+There is no limited divorce. But the wife may claim alimony, without
+applying for a divorce, for any of these causes except bigamy.
+
+LABOUR LAWS: Ten hours legal day's work. Employers of women must provide
+seats. No child under 14 may be let out for any public exhibition
+endangering body or morals. Sunday labour forbidden. No child under 12
+may be employed in any factory, or any place where intoxicating liquor
+is sold; and no child under 12 may labour more than nine hours a day.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public. 19 women in the ministry, 1
+dentist, 9 journalists, 4 lawyers, 21 doctors, 1 banker, 3 commercial
+travellers, 6 carpenters, etc.
+
+
+_Georgia_
+
+AGE OF LEGAL CONSENT: 10.
+
+POPULATION: Male 1,103,201; female 1,113,130.
+
+HUSBAND AND WIFE: Wife controls own earnings and own property. Dower
+prevails, but not curtesy. Husband is legal guardian of children and at
+his death may appoint a guardian to the exclusion of his wife. Husband
+must support family.
+
+DIVORCE: Absolute divorce for intermarriage within the prohibited
+degrees of consanguinity and affinity, mental incapacity at time of
+marriage, impotence at time of marriage, force, menace, duress, or fraud
+in obtaining marriage, pregnancy of wife at time of marriage unknown to
+husband, adultery, wilful desertion for three years, conviction for an
+offence involving imprisonment for two years or longer.
+
+Absolute or limited divorce for cruelty or habitual intoxication.
+Limited divorce for any ground held sufficient in English courts prior
+to May 4, 1784.
+
+LABOUR LAWS: No boss or other superior in any factory shall inflict
+corporal punishment on minor labourers. Seats must be provided for
+female employees. Sunday labour forbidden. No minors may be employed in
+barrooms. To let out children for gymnastic exhibition or any indecent
+exhibition is a misdemeanour. Children under 12 may not work in
+factories. No child under 14 may work between 7 P.M. and 6 A.M.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 33 women in the ministry, 2 dentists, 37 journalists, 6
+lawyers, 43 doctors, 4 professors, 2 saloon keepers, 4 bankers, 9
+commercial travellers, 10 carpenters, etc.
+
+
+_Idaho_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 93,367; female 68,405.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Wife can secure
+control of own property only by going into court and showing that her
+husband is mismanaging it. Husband is legal guardian of the children.
+
+DIVORCE: Absolute divorce for adultery, extreme cruelty, wilful
+desertion for one year, wilful neglect for one year, habitual
+intemperance for one year, conviction of felony, permanent insanity.
+
+There is no limited divorce.
+
+LABOUR LAWS: No Sunday labour. Children under 14 may not work in mine,
+factory, hotel, or be messenger; no child under 16 shall work more than
+nine hours per day; nor be let out for any exhibition or vocation which
+endangers health or morals; nor ever be sent to any immoral resort or
+serve or handle intoxicating liquors.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full
+suffrage. Women are eligible to all offices. 7 women are in the
+ministry, 4 journalists, 2 lawyers, 15 doctors, 1 saloon keeper, 1
+commercial traveller, 1 carpenter, etc.
+
+
+_Illinois_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 2,472,782; female 2,348,768.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower prevails. Wife has
+full disposal of property, can sue, etc., as if unmarried. Wife and
+husband are equal guardians of children. Wife is entitled to support
+suited to her condition in life; husband is entitled to same support out
+of her individual property. They are jointly liable for family expenses.
+
+DIVORCE: Absolute divorce for impotence, bigamy, adultery, wilful
+desertion for two years, habitual drunkenness for two years, attempt to
+murder, extreme and repeated cruelty, conviction for felony or other
+infamous crime.
+
+No limited divorce; but married women living separate through no fault
+of their own have an action in equity for reasonable maintenance, if
+they so desire.
+
+LABOUR LAWS: No Sunday labour. No minor shall be allowed to sell
+indecent literature, etc., nor be let out as acrobat or mendicant or for
+any immoral occupation. Eight hours a legal day's work. No person shall
+be debarred from any occupation or profession on account of sex; but
+females shall not be required to work on streets or roads or serve on
+juries. No child under 14 to be employed in any place where intoxicating
+liquors are sold or in factory or bowling alley; and shall not labour
+more than eight hours. No child under 16 shall engage in occupations
+dangerous to life or morals; and no female under 16 shall engage in any
+employment which requires her to stand constantly. Seats must be
+provided for all female employees. No woman shall work more than ten
+hours a day in stores and factories.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage and are eligible to all school offices and can be
+notaries public. There are 292 women in the ministry, 117 dentists, 240
+journalists, 113 lawyers, 820 doctors, 31 professors, 196 saloon
+keepers, 8 bankers, 101 commercial travellers, 24 carpenters, etc.
+
+
+_Indiana_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Males 1,285,404; females 1,231,058.
+
+HUSBAND AND WIFE: Wife controls own earnings. No dower or curtesy. Wife
+may sue in her own name for injuries, etc. Neither husband nor wife can
+alienate their separate real estate without each other's consent. A wife
+can act as executor or administrator of an estate only with her
+husband's consent. No married woman can become a surety for any person.
+Husband is guardian of children.
+
+DIVORCE: Absolute for adultery, impotency, desertion for two years,
+cruel and inhuman treatment, habitual drunkenness, neglect of husband to
+provide for two years, conviction of an infamous crime.
+
+Limited divorce for adultery, desertion or neglect for six months,
+habitual cruelty or constant strife, gross and wanton neglect of
+conjugal duty for six months.
+
+LABOUR LAWS: No child under 12 may work in a mine. Children under 15 may
+not be let out for acrobatic or any immoral exhibition or to work in any
+place where liquor is sold. Seats must be provided for female employees.
+Eight hours a legal day's work. No female under 18 may work more than
+ten hours a day in any factory, laundry, renovating works, bakery, or
+printing office; no woman shall be employed in any factory between 10
+P.M. and 6 A.M. Suitable dressing rooms must be provided and not less
+than sixty minutes given for the noonday meal. Sweatshops under strict
+supervision of a State inspector. No woman may work in a mine. No Sunday
+labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public. 130 women in the ministry, 34
+dentists, 79 journalists, 40 lawyers, 195 doctors, 6 professors, 27
+saloon keepers, 2 bankers, 44 commercial travellers, 7 carpenters, etc.
+
+
+_Indian Territory_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 208,952; female 183,108.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Dower is in force
+and curtesy. Woman controls separate estate absolutely in practice; for
+though at common law any money or property given her husband for
+investment becomes his, by statute it does not. Husband and wife are
+equal guardians of children.
+
+DIVORCE: Absolute or limited for impotence, wilful desertion for one
+year, bigamy, conviction for felony or other infamous crime, habitual
+drunkenness for one year, cruel treatment endangering life, intolerable
+indignities, adultery, incurable insanity subsequent to marriage.
+
+LABOUR LAWS: No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION; INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 6 women in ministry, 1 dentist, 4 journalists, 13 doctors, 4
+professors, 1 banker, etc.
+
+
+_Iowa_
+
+AGE OF LEGAL CONSENT: 15.
+
+POPULATION: Male 1,156,849; female 1,075,004.
+
+HUSBAND AND WIFE: Wife controls own earnings. Any assignment of wages
+must have written consent of both husband and wife. No dower or curtesy;
+surviving husband or wife is entitled to one third in fee simple of both
+real and personal estate of other at his or her death. Wife controls own
+property, can sue, etc., as if single. Husband and wife are equal
+guardians of children. Support and education of family is chargeable
+equally on husband's and wife's property.
+
+DIVORCE: Absolute for adultery, wilful desertion for two years,
+conviction of felony after marriage, habitual drunkenness, inhuman
+treatment endangering life, pregnancy of wife at time of marriage by
+another man, unless the husband have an illegitimate child living
+unknown to wife.
+
+No limited divorce.
+
+Annulment for prohibited degrees, impotence, bigamy, insanity or idiocy
+at time of marriage.
+
+LABOUR LAWS: No female may be employed in any place where intoxicating
+liquors are sold; Seats must be provided for female employees. Children
+under 16 not to assist in operating dangerous machinery. No Sunday
+labour. No person under 14 may work in a factory, mine, laundry,
+slaughter-house, store where more than eight persons are employed; no
+child under 16 shall be employed in any vocation endangering life or
+morals, nor shall work more than ten hours a day.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have bond suffrage and can vote on increase of taxes. They may serve as
+school trustees and superintendents. 117 women in ministry, 52 dentists,
+74 journalists, 53 lawyers, 260 doctors, 27 professors, 8 saloon
+keepers, 11 bankers, 34 commercial travellers, 7 carpenters, etc.
+
+
+_Kansas_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 768,716; female 701,779.
+
+HUSBAND AND WIFE: Wife controls own earnings. Husband and wife are equal
+guardians of children. Wife controls her separate property, can sue,
+etc., as if unmarried. Neither husband nor wife can convey or encumber
+real estate without consent of other; nor dispose by will of more than
+one half of the separate property without other's consent. If there are
+no children, the surviving husband or wife takes all the property, real
+and personal; if there are children, one half. Husband must support
+family.
+
+DIVORCE: Absolute for bigamy, desertion for one year, adultery,
+impotency, when wife at time of marriage was pregnant by another than
+her husband, extreme cruelty, fraudulent contract, habitual
+drunkenness, gross neglect of duty, conviction and imprisonment for
+felony subsequent to marriage.
+
+No limited divorce; but wife may obtain alimony without divorce for any
+causes above mentioned.
+
+LABOUR LAWS: People employing children under 14 in acrobatic or
+mendicant occupations are guilty of a misdemeanour. No Sunday labour.
+Seats must be provided for female employees. No child under 14 may work
+in coal mine, nor in any factory or packing house. No child under 16 may
+work at any occupation endangering body or morals.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have municipal, school, and bond suffrage. 63 women in ministry, 21
+dentists, 39 journalists, 43 lawyers, 190 doctors, 21 professors, 9
+saloon keepers, 7 bankers, 20 commercial travellers, 19 carpenters, etc.
+
+
+_Kentucky_
+
+AGE OF LEGAL CONSENT: 12.
+
+POPULATION: Male 1,090,227; female 1,056,947.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Curtesy and dower
+are equalised. After the death of either husband or wife, the survivor
+is given a life interest in one third of the realty of the deceased and
+an absolute estate in one half of the personalty. Wife controls her
+personal property, but cannot dispose of real estate without husband's
+consent; the husband can convey real estate without his wife's
+signature, but it is subject to her dower. Husband is legal guardian of
+children. He must furnish support according to his condition, but if he
+has only his wages there is no law to punish him for non-support.
+
+DIVORCE: Absolute to both husband and wife for impotence or inability to
+copulate and for living apart for five consecutive years without any
+cohabitation. Also to the party not in fault for desertion for one year,
+adultery, condemnation for felony, concealment of any loathsome disease
+at time of marriage or contracting it afterwards, force, duress, or
+fraud in obtaining marriage, uniting with any creed or religious society
+requiring a renunciation of the marriage covenant or forbidding husband
+and wife to cohabit. To the wife, when not in like fault, for confirmed
+drunkenness of husband leading to neglect to provide, habitual behaviour
+by husband for six months indicating aversion to wife and causing her
+unhappiness, physical injury or attempt at it. To the husband for wife's
+pregnancy at time of marriage unknown to him, adultery of wife, or such
+conduct as proves her to be unchaste without proof of adultery, and
+habitual drunkenness of wife.
+
+Limited divorce for any of these causes or any other cause as the court
+may deem sufficient.
+
+LABOUR LAWS: Forbidden to let or employ any children under 16 in any
+acrobatic or mendicant or immoral occupations. No Sunday labour. No
+child under 14 shall work in factory, mill, or mine unless said child
+shall have no other means of support. No child under 16 shall work more
+than ten hours per day. Seats and suitable dressing-rooms must be
+provided for female employees.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: In
+the country districts any widow having a child of school age and any
+widow or spinster having a ward of school age may vote for school
+trustees and school taxes. In Louisville, five third-class, and twenty
+or more fourth-class cities no woman has any vote. Women may be notaries
+public. 39 women in ministry, 4 dentists, 21 journalists, 16 lawyers, 98
+doctors, 5 professors, 35 saloon keepers, 3 bankers, 20 commercial
+travellers, 9 carpenters, etc.
+
+
+_Louisiana_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 694,733; female 686,892.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Wife cannot appear
+in court without her husband's consent, and needs this consent in all
+matters connected with her separate estate. She may make her will
+without the authority of her husband. No woman can be a witness to a
+testament. No married woman can be executor without husband's consent.
+The dowry is given to the husband, for him to enjoy as long as the
+marriage shall last. Husband is legal guardian of children.
+
+DIVORCE: Absolute or limited for adultery, condemnation to an infamous
+punishment, habitual and intolerable intemperance, insupportable excess
+or outrages, public defamation on the part of one of the married persons
+toward the other, desertion, attempted murder, proof of guilt of husband
+or wife who has fled from justice when charged with an infamous offence.
+
+LABOUR LAWS: No female to be employed in any place where liquor is sold.
+No Sunday labour. No child under 15 to engage in any acrobatic or
+theatrical public exhibition. Seats must be provided for female
+employees, who are also to have at least thirty minutes for lunch. No
+girl under 14 may be employed in any mill or factory; and no woman shall
+be worked more than ten hours a day. Seats, suitable dressing-rooms, and
+stairs must be provided. An inspector, male or female, is appointed.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Tax-paying women can vote on all questions of taxation. 14 women in
+ministry, 4 dentists, 21 journalists, 8 lawyers, 25 doctors, 16
+professors, 31 saloon keepers, 2 bankers, 18 commercial travellers, 9
+carpenters, etc.
+
+
+_Maine_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 350,995; female 343,471.
+
+HUSBAND AND WIFE: Wife controls own earnings and has full control of
+separate property. Wife and husband are equal guardians of children. If
+there is no will, the interest of the husband or wife in the real estate
+of the other is the same--one third absolutely, if there is issue
+living, one half if there is no issue, the whole if there is neither
+issue nor kindred.
+
+DIVORCE: Absolute for adultery, impotence, extreme cruelty, desertion
+for three years, gross and confirmed habits of Intoxication whether from
+liquors or drugs, cruel and abusive treatment, wilful neglect to
+provide.
+
+No limited divorce.
+
+LABOUR LAWS: Ten hours a day the legal limit for female employees. No
+child under 14 may work in a factory. No Sunday labour. No child under
+16 may be employed in any acrobatic, mendicant, immoral, or dangerous
+occupation.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women can be justices of the peace, town clerks, and registers
+of probate. They cannot be notaries public. 39 women in ministry, 4
+dentists, 33 journalists, 4 lawyers, 67 doctors, 1 professor, 3 bankers,
+5 carpenters, etc.
+
+
+_Maryland_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 589,275; female 598,769.
+
+HUSBAND AND WIFE: Wife controls own earnings. No assignment of wages to
+be made without consent of both husband and wife. Wife controls separate
+property absolutely. Inheritance of property is the same for widow and
+widower. Husband is legal guardian of children and must support family.
+
+DIVORCE: Absolute for impotence, any cause which by the laws of the
+State renders a marriage null and void _ab initio_, adultery, desertion
+for three years, illicit sexual intercourse _of the woman before_
+marriage unknown to husband (_but the wife cannot obtain a divorce from
+her husband if he has been guilty of such an offence_). Limited divorce
+for cruelty, excessively vicious conduct, or desertion. In all cases
+where an absolute divorce is granted for adultery or abandonment, the
+court may decree that the guilty party shall not contract marriage with
+any other person during the lifetime of the other party. Annulment is
+given for bigamy or marriage within the prohibited degrees of
+consanguinity and affinity.
+
+LABOUR LAWS: Seats must be provided for female employees. No Sunday
+labour. No child under 14 may be employed in any mendicant or acrobatic
+occupation. No child under 8 may be employed in peddling. Women may not
+be waitresses in any place where liquor is sold. Children under 12 may
+not be employed in any business except in the counties, from June 1 to
+Oct. 15, Ten hours a legal day's work.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women serve as notaries public. 35 women in ministry, 6
+dentists, 23 journalists, 6 lawyers, 87 doctors, 4 professors, 2
+bankers, 13 commercial travellers, 10 carpenters, etc.
+
+
+_Massachusetts_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 1,367,474; female 1,437,872.
+
+HUSBAND AND WIFE: Wife controls own earnings and has control of her
+separate property subject only to the husband's interests. She can be
+executor, make contracts, etc., as if unmarried. The husband is legal
+guardian of minor children; he may dispose of them and may appoint a
+guardian at his death. Husband must support family. In distributing the
+estate, no distinction is made between real and personal property. The
+surviving husband or wife takes one third, if deceased leaves children
+or their descendants; 5000 dollars and one half of the remaining estate
+if the deceased leaves no issue; and the whole, if deceased leaves no
+kin. This is taken absolutely and not for life. Curtesy and dower exist;
+but the old-time curtesy is cut down to a life-interest in one third,
+the same as dower; and in order to be entitled to dower or curtesy, the
+surviving husband or wife must elect to take it in preference to the
+above provisions.
+
+DIVORCE: Absolute for adultery, impotency, utter desertion for three
+years, gross and confirmed habits of intoxication, cruel and abusive
+treatment, wilful neglect to provide, sentence to imprisonment for five
+years.
+
+No limited divorce.
+
+LABOUR LAWS: No Sunday labour. Ten hours a legal day's work. No woman to
+labour between 10 P.M. and 6 A.M. in any manufacturing establishment,
+nor between 6 P.M. and 6 A.M. in any textile works. No child under 14
+and no illiterate under 16 and over 14 may be employed in any factory or
+mercantile establishment. No child under 14 may be employed between 7
+P.M. and 6 A.M., or during the time when the public schools are in
+session. Seats must be provided for females. No woman or young person
+shall be required to work more than six hours without thirty minutes for
+lunch. No child under 15 may engage in any gymnastic or theatrical
+exhibition.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage. They may be justices of the peace. 188 women in
+ministry, 38 dentists, 180 journalists, 47 lawyers, 729 doctors, 38
+professors, 8 saloon keepers, 3 bankers, 73 commercial travellers, 31
+carpenters, etc.
+
+
+_Michigan_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 1,248,905; female 1,172,077.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Dower prevails, but
+not curtesy. When the wife has separate real estate, she controls it as
+if single. The husband cannot give full title to his real estate unless
+the wife joins so as to cut off her dower. Father is guardian of the
+children. Husband must support.
+
+DIVORCE: Absolute for adultery, impotence, imprisonment for three years,
+desertion for two years, habitual drunkenness, if husband or wife has
+obtained a divorce in another State.
+
+Limited or absolute divorce at the discretion of the court for extreme
+cruelty, desertion for two years, neglect to provide.
+
+LABOUR LAWS: No female may be employed in any place where liquor is
+sold. Seats must be provided for female employees. Ten hours a legal
+day's work. No Sunday labour. No child under 16 may take part in any
+acrobatic or mendicant or dangerous or immoral occupation, nor shall any
+minor be given obscene literature to sell. No female under 21 may be
+employed in any occupation endangering life, health, or morals. At least
+forty-five minutes must be allowed for lunch.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: All
+women who pay taxes may vote upon questions of local taxation and the
+granting of franchises. Parents and guardians have also school suffrage.
+Women serve as notaries public. 105 women in ministry, 17 dentists, 81
+journalists, 27 lawyers, 270 doctors, 26 professors, 23 saloon keepers,
+13 bankers, 53 commercial travellers, 32 carpenters, etc.
+
+
+_Minnesota_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 932,490; female 818,904.
+
+HUSBAND AND WIFE: Wife controls own earnings, but cannot convey or
+encumber her separate real estate without husband's consent. No dower or
+curtesy. If either husband or wife die intestate, the survivor, if there
+is issue living, is entitled to the homestead for life and one third of
+the rest of the estate in fee simple. If there are no descendants, the
+entire estate goes absolutely to the survivor. Husband is guardian of
+children and must support family.
+
+DIVORCE: Absolute for adultery, impotency, cruel and inhuman treatment,
+sentence to imprisonment after marriage, wilful desertion for one year,
+habitual drunkenness for one year.
+
+Limited divorce--to wife only--for cruel and inhuman treatment, on part
+of husband, or such conduct as may make it unsafe and improper for her
+to cohabit with him, desertion and neglect to provide.
+
+LABOUR LAWS: Children between 8 and 18 must be sent to school during
+whole period schools are in session, except in cases of unusual poverty.
+Ten hours a legal day's work. Seats must be provided for female
+employees. No Sunday labour. No child under 18 may engage in any
+occupation between 6 P.M. and 7 A.M.; nor in any mendicant, acrobatic,
+immoral, or dangerous business. No child under 14 may work in factory or
+mine. A _female_ factory inspector must be appointed.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage and may vote for library trustees. 80 women in
+ministry, 18 dentists, 75 journalists, 21 lawyers, 199 doctors, 16
+professors, 17 saloon keepers, 10 bankers, 46 commercial travellers, 8
+carpenters, etc.
+
+
+_Mississippi_
+
+AGE OF LEGAL CONSENT: 10.
+
+POPULATION: Male 781,451; female 769,819.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. He manages her
+separate property, but must give an account of it annually. No dower or
+curtesy. If husband or wife dies intestate, the entire estate goes to
+the survivor; if there is issue, surviving husband or wife has a child's
+share of the estate. Each has equal rights in making a will. Father is
+legal guardian of children, but cannot deprive mother of custody of
+their persons. Husband must support.
+
+DIVORCE: Absolute for marriage within prohibited degrees, natural
+impotence, adultery, sentence to the penitentiary, wilful desertion for
+two years, habitual drunkenness or excessive use of drugs, habitually
+cruel treatment, pregnancy of wife at time of marriage unknown to
+husband, bigamy, insanity, or idiocy when party applying did not know of
+it.
+
+No limited divorce. The court may decree that the guilty party must not
+marry again.
+
+LABOUR LAWS: No Sunday labour. There are no other laws.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: A
+woman as a free-holder or lease-holder may vote at a county election to
+decide as to the adoption or non-adoption of a law permitting stock to
+run at large. If a widow and the head of a family, she may vote on
+leasing certain portions of land in the township which are set apart for
+school purposes. Widows in country districts may also vote for school
+trustees. Women cannot be notaries public. 13 women in ministry, 2
+dentists, 19 journalists, 4 lawyers, 16 doctors, 3 professors, 1 saloon
+keeper, 3 bankers, 9 commercial travellers, 13 carpenters, etc.
+
+
+_Missouri_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 1,595,710; female 1,510,955.
+
+HUSBAND AND WIFE: Wife controls own earnings. Her separate property is
+liable for debts contracted by the husband for necessaries for the
+family. Wife can sue and be sued, make contracts, etc., in her own name.
+She may hold real property under three different tenures: an equitable
+separate estate created by certain technical words in the conveyance,
+and this she can dispose of without husband's consent; a legal separate
+estate, which she cannot convey without his joinder; and a common law
+estate in fee, of which the husband is entitled to the rents and
+profits. Dower and curtesy prevail. Husband is guardian of children and
+must support.
+
+DIVORCE: Absolute for impotence, bigamy, adultery, desertion for one
+year, conviction for felony or infamous crime, habitual drunkenness for
+one year, cruel treatment endangering life or intolerable indignities,
+vagrancy of husband, pregnancy of wife at time of marriage unknown to
+husband.
+
+No limited divorce.
+
+LABOUR LAWS: Seats must be provided for female employees. No woman may
+be employed in any place where liquor is served except wife, daughter,
+mother, or sister of owner. No child under 14 to engage in any
+acrobatic, mendicant, dangerous, or immoral occupation. No Sunday
+labour. No female may work underground in a mine. Children between 8 and
+14 must go to school. No child under 14 may work in any theatre, concert
+hall, factory; but this applies only to cities with 10,000 or more
+inhabitants, No female may labour more than 54 hours a week.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public. 138 women in ministry, 32
+dentists, 87 journalists, 61 lawyers, 303 doctors, 17 professors, 44
+saloon keepers, 30 bankers, 37 commercial travellers, 15 carpenters,
+etc.
+
+
+_Montana_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 149,842; female 93,487.
+
+HUSBAND AND WIFE: Wife controls own earnings. There is dower, but not
+curtesy. Wife controls separate property. Husband is guardian of
+children and must furnish support; but wife must help, if necessary. Her
+personal property is subject to debts incurred for family expenses.
+
+DIVORCE: Absolute for adultery, extreme cruelty, wilful desertion,
+wilful neglect, habitual intemperance, conviction of felony.
+
+No limited divorce; but wife may have an action for permanent
+maintenance, at discretion of court, even though absolute divorce is
+denied.
+
+LABOUR LAWS: Children under 16 may not be employed in mines. Children
+between 8 and 14 must go to school. No child under 16 may take part in
+any acrobatic, mendicant, or wandering occupation. No Sunday labour. No
+child under 16 may work in mill, factory, railroad, in any place where
+machinery is operated, or in any messenger company.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+may vote for school trustees. Those owning property may vote on all
+questions submitted to tax-payers. They cannot be notaries public. 22
+women in ministry, 3 dentists, 6 journalists, 3 lawyers, 16 doctors, 7
+saloon keepers, 2 commercial travellers, 2 carpenters, etc.
+
+
+_Nebraska_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 564,592; female 501,708.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property. Both
+dower and curtesy prevail; but wife can mortgage or sell her real estate
+without husband's consent and without regard for his right of curtesy.
+He can do the same with his separate property, but subject to her dower.
+Husband and wife are equal guardians of the children. Husband must
+provide; but wife's separate property can be levied on for necessaries
+furnished the family, if husband has no property. Wife is not "next of
+kin" and cannot sue, for example, for damages to a minor child, even
+though she is divorced and has custody of children.
+
+DIVORCE: Absolute for adultery, impotence, imprisonment for three
+years, desertion for two years, habitual drunkenness, imprisonment for
+life, extreme cruelty, neglect to provide.
+
+Limited divorce also for last three causes. Annulment for bigamy, when
+one party is white and other has one fourth or more negro blood,
+insanity or idiocy at time of marriage, consanguinity, obtaining
+marriage by fraud or force, when there has been no subsequent
+cohabitation.
+
+LABOUR LAWS: Children must go to school between 7 and 15. Ten hours a
+legal day's labour. Sunday labour forbidden. Females to be employed
+between 6 A.M. and 10 P.M. Seats must be provided. No child under 14 may
+be employed in any place where liquor is sold, factory, hotel, laundry,
+messenger work. No child under 14 may be employed at all during school
+term.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+who are mothers of children of school age or who are assessed on real or
+personal property have school suffrage; but they cannot vote for State
+or county superintendents or county supervisors. Women act as notaries
+public. 95 women in ministry, 16 dentists, 35 journalists, 23 lawyers,
+134 doctors, 11 professors, 10 saloon keepers, 15 commercial travellers,
+12 carpenters, etc.
+
+
+_Nevada_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 25,603; female 16,732.
+
+HUSBAND AND WIFE: Wife controls own earnings. She may control her
+separate property, if a list of it is filed with the county recorder,
+but unless it is kept constantly inventoried and recorded, it becomes
+community property. The community property, both real and personal, is
+under absolute control of husband and at wife's death it all belongs to
+him. On death of the husband, wife is entitled to half of it. A wife's
+earnings are hers if her husband has allowed her to appropriate them to
+her own use, when they are regarded as a gift from him to her. Husband
+is legal guardian of children. Husband must provide; but there is no
+penalty if he does not.
+
+DIVORCE: Absolute for impotence, adultery since marriage remaining
+unforgiven, wilful desertion for one year, conviction for felony or
+infamous crime, habitual drunkenness which incapacitates party from
+contributing his or her share to support of family, extreme cruelty,
+wilful neglect to provide for one year.
+
+No limited divorce.
+
+LABOUR LAWS: There are none dealing with women and children.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women cannot serve as notaries public. 2 women in ministry, 4
+dentists, 1 journalist, 1 lawyer, 6 doctors, 5 saloon keepers.
+
+
+_New Hampshire_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 205,379; female 206,209.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+Wife can sue and be sued and make contracts without husband's consent.
+Husband is legal guardian of children, and must provide.
+
+DIVORCE: Absolute for impotence, adultery, extreme cruelty, imprisonment
+for one year, treatment seriously injuring health or endangering reason,
+absence for three years without being heard from, habitual drunkenness
+for three years, joining any religious sect which believes relation of
+husband and wife unlawful, desertion for three years with neglect to
+provide.
+
+No limited divorce.
+
+LABOUR LAWS: No child under 12 may be employed in any factory, nor any
+child under 14 while schools are in session. Nine hours and forty
+minutes the legal limit for female labour per day. No child under 14
+shall engage in any acrobatic exhibition or in the selling of obscene
+literature. No Sunday labour. Seats must be provided for female
+employees. No female may sell or serve liquor.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS. Women
+have school suffrage. They may be notaries public. 25 women in ministry,
+3 dentists, 12 journalists, 2 lawyers, 61 doctors, 3 professors, 9
+saloon keepers 6 commercial travellers, 5 carpenters, etc.
+
+
+_New Jersey_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 941,760; female 941,909.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+She has full disposal of her personal property by will; but must get
+husband's consent to convey or encumber her separate estate. Husband is
+guardian of children. Husband must furnish support; but wife must
+contribute, if he is unable.
+
+DIVORCE: Absolute for bigamy, marriage within prohibited degrees,
+adultery, wilful desertion for two years, impotence.
+
+Limited divorce for extreme cruelty.
+
+In case of desertion and neglect to provide, wife has an action for
+support.
+
+LABOUR LAWS: Seats must be provided for female employees. Hours for
+labour must be from 7 A.M. to 12 M. and from 1 P.M. to 6 P.M., except in
+fruit canning and glass factories. Sunday labour forbidden. No child
+under 18 may engage in any acrobatic, immoral, or mendicant occupation.
+No child under 15 may engage in any vocation unless he or she shall have
+attended school within twelve months immediately preceding. No child
+under 14 may work in a factory. No female employee shall be sent to any
+place of bad repute.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Women in villages and country districts have school suffrage. They may
+be notaries public. 87 women in ministry, 19 dentists, 45 journalists,
+23 lawyers, 176 doctors, 4 professors, 208 saloon keepers, 4 bankers, 11
+commercial travellers, 12 carpenters, etc.
+
+
+_New Mexico_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 104,228; female 91,082.
+
+HUSBAND AND WIFE: Wife controls own earnings. Curtesy prevails. Neither
+husband nor wife can convey real property without consent of other.
+Husband is legal guardian of children, but is not required by law to
+support the family.
+
+DIVORCE: Absolute for adultery, cruel treatment, desertion, impotency,
+neglect to provide, habitual drunkenness, conviction for felony and
+imprisonment subsequent to marriage, pregnancy of wife at time of
+marriage unknown to husband.
+
+No limited divorce. But when husband and wife have permanently
+separated, wife has an action for support.
+
+LABOUR LAWS: No Sunday labour. There are no other laws relating to women
+and children.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public. 10 women in ministry, 2
+dentists, 5 doctors, 3 professors, 2 saloon keepers, 1 commercial
+traveller, 3 carpenters, etc.
+
+
+_New York_
+
+AGE OF LEGAL CONSENT: 18. (Trials may be held privately, and it is
+almost impossible to secure a conviction.)
+
+POPULATION: Male 3,614,780; female 3,654,114.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+Wife holds separate property free from control of husband. Both husband
+and wife can make wills without knowledge or consent of other. Wife can
+mortgage or convey her whole estate without husband's consent; he can do
+this with his personal property; but not with his real estate. Husband
+and wife are equal guardians of the children. Husband must provide.
+
+DIVORCE: Absolute for adultery only.
+
+Limited for cruelty, conduct rendering cohabitation unsafe or improper,
+desertion, neglect to provide.
+
+Court refuses to allow party guilty of adultery to marry again, but may
+modify this after five years if conduct of defendant has been uniformly
+good. Adultery is now a crime in New York.
+
+LABOUR LAWS: No child under 16 may take part in any acrobatic,
+mendicant, theatrical, wandering, dangerous, or immoral occupation.
+Children must attend school between 8 and 16. No child under 14 may be
+employed in any occupation during school term. Eight hours a day's work.
+Seats must be provided for female employees. No child under 14 may work
+in a factory. Female labour is confined between 6 A.M. and 9 P.M., and
+must not exceed 10 hours. No girl under 16 shall sell papers or
+periodicals in any public place. Female employment agencies may not send
+applicant to any place of bad repute.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Tax-paying women in towns and villages may vote on questions of local
+taxation. Parents and widows with children have school suffrage in towns
+and villages. Women may be notaries public. 511 women in ministry, 108
+dentists, 365 journalists, 124 lawyers, 103 commercial travellers, 925
+doctors, 49 professors, 348 saloon keepers, 81 bankers, 84 carpenters,
+etc.
+
+
+_North Carolina_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 938,677; female 955,133.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+Wife controls separate property. Wife is not bound by a contract unless
+husband joins in writing. In actions against her he must be served with
+the suit. Wife cannot be sole trader without husband's written consent.
+Husband is legal guardian of children, and must provide.
+
+DIVORCE: Absolute for adultery, impotence, pregnancy of wife at time of
+marriage unknown to husband.
+
+Limited for desertion, turning partner maliciously out of doors, cruel
+treatment endangering life, intolerable indignities, habitual
+drunkenness.
+
+Wife has an action for separate maintenance if husband neglects to
+provide or is a drunkard or spendthrift.
+
+LABOUR LAWS: No Sunday labour. No child under 12 may be employed in
+factory, except oyster canning concerns which pay for opening oysters by
+the bushel. No person under 18 shall be required to labour more than 66
+hours per week. No child under 12 shall work in a mine. No boy or girl
+under 14 shall work in a factory between 8 P.M. and 5 A.M.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women cannot be notaries public. 25 women in ministry, 6
+journalists, 22 doctors, 2 professors, 2 saloon keepers, 3 bankers, 4
+commercial travellers, 6 carpenters, etc.
+
+
+_North Dakota_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 177,493; female 141,653.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property
+absolutely. Dower and curtesy do not prevail; if husband or wife dies
+intestate, survivor takes one half of the estate, if there is only one
+child living or the lawful issue of one child; if there are more,
+survivor gets one third. If husband is unable to support family, wife
+must maintain him and the children. Husband is guardian of children.
+
+DIVORCE: Absolute for adultery, extreme cruelty, wilful desertion for
+one year, wilful neglect for one year, habitual intemperance for one
+year, conviction of felony.
+
+No limited divorce.
+
+LABOUR LAWS: Children under 12 may not work in mines, factories, or
+workshops. Children must go to school between 8 and 14, unless they have
+already been taught adequately and poverty compels them to work. No
+Sunday labour. No woman under 18 shall labour more then ten hours per
+day.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage and are eligible to all school offices. They may be
+notaries public. 15 women in ministry, 5 dentists, 2 journalists, 6
+lawyers, 15 doctors, 1 professor, 1 commercial traveller, 4 carpenters,
+etc.
+
+
+_Ohio_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 2,102,655; female 2,054,890.
+
+HUSBAND AND WIFE: Husband controls wife's earnings, but wife controls
+separate property. Either husband or wife on the death of the other is
+entitled to one third of the real estate for life. Husband is legal
+guardian of children, and must provide; but if he is unable, wife must
+assist.
+
+DIVORCE: Absolute for bigamy, desertion for three years, adultery,
+impotence, extreme cruelty, fraudulent contract, any gross neglect of
+duty, habitual drunkenness for three years, imprisonment in
+penitentiary, procurement of divorce in another State. No limited
+divorce; but wife has an action for alimony without divorce for
+adultery, any gross neglect of duty, desertion, separation on account of
+ill treatment by husband, habitual drunkenness, sentence and
+imprisonment in penitentiary.
+
+LABOUR LAWS: No child under 14 may work in a mine. Children must go to
+school between 8 and 14. Seats and suitable toilet rooms must be
+provided for female employees. No child under 14 may be employed in any
+establishment or take part in any acrobatic, mendicant, dangerous, or
+immoral vocation. Hours for girls under 18 confined between 6 A.M. and 7
+P.M., nor may they work more than ten hours per day. No Sunday labour.
+No labour agency shall send any female to an immoral resort.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+may vote for members of boards of education, but not for State
+commissioner nor on bonds and appropriations. They cannot be notaries.
+206 women in ministry, 40 dentists, 151 journalists, 66 lawyers, 451
+doctors, 26 professors, 337 saloon keepers, 15 bankers, 62 commercial
+travellers, 31 carpenters, etc.
+
+
+_Oklahoma_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 214,359; female 182,972.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property
+absolutely. If husband or wife dies intestate, leaving one child or
+lawful issue of child, survivor receives one third of the estate;
+otherwise one half. If there are no kin, survivor takes all. Husband is
+guardian of children, and is expected to provide; but law assigns no
+penalty if he does not.
+
+DIVORCE: Absolute for bigamy, desertion for one year, impotence,
+pregnancy of wife at time of marriage by other than husband, extreme
+cruelty, fraudulent contract, habitual drunkenness, gross neglect of
+duty, conviction and imprisonment for felony after marriage.
+
+Wife may have an action for separate maintenance for any of these causes
+without applying for divorce.
+
+LABOUR LAWS: No children under 15 may be employed in any occupation
+injurious to body or morals. No Sunday labour. Ten hours per day legal
+labour for children under 14.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Women may vote for school trustees. They may be notaries public. 29
+women in ministry, 1 dentist, 5 journalists, 5 lawyers, 26 doctors, 1
+professor, 4 commercial travellers, 3 carpenters, etc.
+
+
+_Oregon_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 232,985; female 183,972.
+
+HUSBAND AND WIFE: Wife controls own earnings. By registering as a sole
+trader, she can carry on business in her own name. Civil disabilities
+are same for husband and wife except as to voting and holding office. If
+husband or wife dies intestate, and there are no descendants living,
+survivor takes whole estate. If there is issue living, the widow
+receives one half of husband's real estate and one half of his personal
+property. The widower takes a life interest in all the wife's real
+estate, whether there are children or not and all her personal property
+absolutely if there are no descendants living; otherwise one half.
+Husband and wife are equal guardians of children. Husband must provide.
+
+DIVORCE: Absolute for impotency, adultery, conviction for felony,
+habitual drunkenness for one year, wilful desertion for one year, cruel
+treatment or indignities making life burdensome.
+
+No limited divorce. Annulment if either party is one fourth negro or
+Mongolian blood.
+
+LABOUR LAWS: No Sunday labour. No child under 14 shall work in factory,
+mill, mine, telegraph, telephone, or public messenger service; and no
+child under 14 shall be employed at all during school session.
+Attendance at school compulsory between 8 and 14. Hours of work for
+children under 16 to be confined between 7 A.M. and 6 P.M. Seats must be
+provided for female employees. Ten hours a day the legal limit for
+female labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+having property in school districts have school suffrage and may be
+elected school trustees. They may be notaries. 40 women in ministry, 15
+dentists, 17 journalists, 8 lawyers, 82 doctors, 7 professors, 5 saloon
+keepers, 10 bankers, 18 commercial travellers, 7 carpenters, etc.
+
+
+_Pennsylvania_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 3,204,541; female 3,097,574.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+Wife cannot mortgage separate estate without husband's consent; cannot
+sue or be sued or contract without his consent; and in order to carry on
+business in her own name must secure special permission from the court.
+Husband is legal guardian of children, and must provide.
+
+DIVORCE: Absolute for impotence, bigamy, adultery, desertion for two
+years, cruelty or intolerable indignities, marriage within prohibited
+degrees of consanguinity or affinity, fraud, conviction for felony for
+more than two years, lunacy for ten years.
+
+Limited divorce for desertion, turning wife out of doors, cruelty,
+adultery.
+
+LABOUR LAWS: Seats must be provided for female employees. Employment of
+females in mines forbidden. Children under 18 may not engage in any
+mendicant occupations; those under 15 may not exhibit in any place where
+liquor is sold nor take part in any acrobatic or immoral vocation.
+Sunday labour forbidden. No female may work in bakery or macaroni or
+other establishment more than twelve hours per day. Children must go to
+school between 8 and 16. No child under 16 may work in any anthracite
+coal mine. No child under 14 shall be employed in any establishment. One
+hour must be allowed for lunch. No employment bureau shall send any
+female to an immoral resort.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 290 women in ministry, 73 dentists, 125 journalists, 73
+lawyers, 601 doctors, 38 professors, 183 saloon keepers, 17 bankers, 44
+commercial travellers, 40 carpenters, etc.
+
+
+_Rhode Island_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 210,516; female 218,040.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate estate,
+subject to husband's right to curtesy. Curtesy and dower both prevail.
+Husband is legal guardian of children and must provide.
+
+DIVORCE: Absolute or limited for marriages originally void by law,
+conviction for crime involving loss of civil status, when either party
+may be presumed to be naturally dead from absence, etc., impotence,
+adultery, desertion for any time at discretion of court, continued
+drunkenness, neglect to provide, any gross misbehaviour.
+
+LABOUR LAWS: No child under 13 may be employed except during vacation.
+No child under 15 may be employed unless he or she has school
+certificate. No child under 14 to work in factory. Hours of labour for
+children under 16 confined between 6 A.M. and 8 P.M. Seats must be
+provided for all female employees. No child under 16 shall be employed
+in any acrobatic, mendicant, dangerous, or immoral occupation. Hours for
+female labour confined to ten. Sunday labour forbidden.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 24 women in ministry, 5 dentists, 7 journalists, 3 lawyers, 56
+doctors, 2 saloon keepers, 5 commercial travellers, 6 carpenters, etc.
+
+
+_South Carolina_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 664,895; female 675,421.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate estate
+absolutely. Dower prevails, but not curtesy. Husband is legal guardian
+of children, and is required to provide, but law as it stands offers
+many loopholes.
+
+DIVORCE: There are no divorce laws in South Carolina.
+
+LABOUR LAWS: Seats must be provided for female employees. Sunday labour
+forbidden. No child under 12 to work in factory, mill, or textile
+establishment, except in cases of extreme poverty duly attested; all
+such labour to be confined between 6 A.M. and 8 P.M.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women cannot be notaries. 17 women in ministry, 1 dentist, 6
+journalists, 3 lawyers, 17 doctors, 13 professors, 3 saloon keepers, 2
+commercial travellers, 13 carpenters, etc.
+
+
+_South Dakota_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 216,164; female 185,406.
+
+HUSBAND AND WIFE: Wife controls own earnings and controls separate
+estate. Joint real estate can be conveyed only by signature of both
+husband and wife, but husband can dispose of joint personal property
+without wife's consent. In order to control her separate property, wife
+must keep it recorded in the office of the county register. No dower
+and no curtesy. Survivor gets one half of estate, if there is one child
+or issue of child; otherwise one third; unless there are neither
+children nor kin, when survivor takes all. On the death of an unmarried
+child, father inherits all its property. If he is dead and there are no
+other children, mother succeeds; but if there are brothers and sisters,
+she inherits a child's share. Husband is guardian and must support; but
+if he is infirm, wife must do so.
+
+DIVORCE: Absolute for adultery, extreme cruelty, wilful desertion or
+neglect or habitual intemperance for one year, conviction of felony.
+
+No limited divorce.
+
+Party guilty of adultery cannot marry any other, except the innocent
+party, until death of latter.
+
+LABOUR LAWS: Sunday labour forbidden. No woman under 18 may labour more
+than ten hours a day. No child under 15 may work in mine, hotel,
+laundry, factory, elevator, bowling alley, or any place where liquor is
+sold. No child under 15 shall be employed at all while schools are in
+session.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+can vote for school trustees. They may be notaries. 29 women in
+ministry, 3 dentists, 4 journalists, 12 lawyers, 24 doctors, 7
+professors, 3 saloon keepers, 3 commercial travellers, etc.
+
+
+_Tennessee_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 1,021,224; female 999,392.
+
+HUSBAND AND WIFE: Husband controls wife's earnings, and wife can do
+nothing with her separate estate without his consent. Dower and curtesy
+prevail. Husband has right to all rents and profits of wife's estate. No
+law requires husband to provide. Husband is guardian of children.
+
+DIVORCE: Absolute for impotence, bigamy, adultery, desertion for two
+years, conviction for felony, attempted murder, pregnancy of woman at
+time of marriage without knowledge of husband, habitual drunkenness.
+
+Limited for wife only for cruel treatment by husband or intolerable
+indignities, and desertion or refusal to provide.
+
+Party guilty of adultery cannot marry person with whom adultery has been
+committed during life of former partner.
+
+LABOUR LAWS: No Sunday labour. No child under 14 may be employed in
+factory, workshop, or mine. Seats must be provided for female employees.
+Hours for labour of women confined to 60 per week.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 30 women in ministry, 1 dentist, 19 journalists, 14 lawyers,
+48 doctors, 9 professors, 6 saloon keepers, 4 bankers, 16 commercial
+travellers, 6 carpenters, etc.
+
+
+_Texas_
+
+AGE OF LEGAL CONSENT: 15.
+
+POPULATION: Male 1,578,900; female 1,469,810.
+
+HUSBAND AND WIFE: Husband controls wife's earnings and wife can do
+nothing with her separate property without his consent. No dower or
+curtesy. Husband and wife succeed equally to each other's estate.
+Husband is guardian of children and may be required to provide out of
+his wife's estate.
+
+DIVORCE: Absolute for excesses or outrages; in favour of husband when
+wife is taken in adultery or has deserted him for three years; in favour
+of wife, if husband has deserted her for three years or has abandoned
+her and lives in adultery with another woman. In favour of either
+husband or wife on conviction for felony.
+
+No limited divorce.
+
+LABOUR LAWS: No Sunday labour. No child under 12 may be employed in any
+establishment using machinery. No females shall be employed in any place
+where liquor is sold except immediate members of owner's family.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women can be notaries. 50 women in ministry, 12 dentists, 51
+journalists, 17 lawyers, 100 doctors, 3 professors, 26 saloon keepers,
+18 bankers, 29 commercial travellers, 12 carpenters, etc.
+
+
+_Utah_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 141,687; female 135,062.
+
+HUSBAND AND WIFE: Wife controls own earnings. No dower or curtesy.
+Husband and wife succeed equally to each other's estate at death. Woman
+controls separate estate absolutely. Husband is legal guardian of
+children. There is no penalty for non-support.
+
+DIVORCE: Absolute for impotence, adultery, desertion for one year,
+neglect to provide, habitual drunkenness, conviction of felony, cruel
+treatment causing bodily injury or mental distress, permanent insanity.
+
+No limited divorce; but wife has an action for separate maintenance in
+case of desertion or neglect to provide on part of husband.
+
+LABOUR LAWS: No females may work in mines. No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full
+suffrage; therefore all offices are open to women. 20 women in ministry,
+5 dentists, 7 journalists, 1 lawyer, 34 doctors, 2 saloon keepers, 1
+banker, 3 commercial travellers, 1 carpenter, etc.
+
+
+_Vermont_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Males 175,138; females 168,503.
+
+HUSBAND AND WIFE: Wife controls own earnings and controls separate
+property. No dower or curtesy. Husband and wife have same powers of
+mutual inheritance, except that widower does not take his wife's
+personal property. Husband is guardian of children and must support.
+
+DIVORCE: Absolute or limited for adultery, sentence to hard labour,
+intolerable severity, desertion for three years, neglect to provide,
+absence for seven years without being heard from.
+
+LABOUR LAWS: No child under 16 to be employed after 8 P.M. No child
+under 12 may work in mill, factory, railroad, quarry, or messenger
+service. No female shall be employed in barrooms. No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage. They may be notaries. 17 women in ministry, 3
+dentists, 15 journalists, 21 doctors, 1 professor, 2 saloon keepers, 11
+commercial travellers, 3 carpenters, etc.
+
+
+_Virginia_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 925,897; female 928,287.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property
+absolutely. Dower and curtesy prevail. Husband is guardian of children
+and must support.
+
+DIVORCE: Absolute for adultery, impotence, sentence to penitentiary,
+conviction of an infamous offence prior to marriage without knowledge of
+other party, desertion for three years, pregnancy of wife at time of
+marriage or previous prostitution without knowledge of husband.
+
+Limited for cruelty, reasonable apprehension of bodily hurt, desertion.
+
+LABOUR LAWS: Seats must be provided for female employees. Hours of
+female labour confined to ten. No child under 12 may work in factory or
+mine; no child under 14 shall work between 6 P.M. and 7 A.M. No child
+under 14 shall be hired for any mendicant, acrobatic, dangerous, or
+immoral occupation. No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL, AND PROFESSIONAL STATUS: No
+suffrage. 37 women in ministry, 1 dentist, 12 journalists, 7 lawyers, 32
+doctors, 20 professors, 19 saloon keepers, 13 commercial travellers, 9
+carpenters, etc.
+
+
+_Washington_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 304,178; female 213,925.
+
+HUSBAND AND WIFE: Wife controls own earnings and controls separate
+estate; but control of community property is vested absolutely in the
+husband; this includes everything acquired after marriage by the joint
+or separate efforts of either. Husband and wife have equal rights of
+inheritance to one another's estate; but are not equal guardians of the
+children, as husband can exclude wife by will. Support of the family is
+chargeable upon the property of both husband or wife, or either of them.
+No dower or curtesy.
+
+DIVORCE: Absolute for any cause deemed by court sufficient, when court
+is satisfied that parties can no longer live together, fraudulent
+contract, adultery, impotence, desertion for one year, cruel treatment,
+habitual drunkenness, neglect to provide, imprisonment.
+
+No limited divorce.
+
+LABOUR LAWS: No female may be employed in a mine. Every profession and
+occupation open to women, but they may not hold public office. No Sunday
+labour. Females shall not be employed in any place where liquor is sold.
+Seats must be provided for female employees. Hours limited to ten. No
+child under 14 shall labour in factory, mill, or workshop except at
+discretion of juvenile judge. Children must go to school between 8 and
+15.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school and bond suffrage, but cannot vote for State or county
+superintendents. 38 women in ministry, 7 dentists, 13 journalists, 13
+lawyers, 62 doctors, 3 professors, 8 saloon keepers, 1 banker, 8
+commercial travellers, etc.
+
+
+_West Virginia_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 499,242; female 459,558.
+
+HUSBAND AND WIFE: Wife controls own earnings, but cannot sell or
+encumber her separate property without husband's consent. Husband is
+legal guardian and must provide. Dower and curtesy prevail.
+
+DIVORCE: Absolute for adultery, impotence, imprisonment in penitentiary,
+conviction of an infamous offence before marriage, desertion for three
+years, pregnancy of wife at time of marriage or prostitution before
+without knowledge of husband, in favour of wife when husband was
+notoriously a licentious person before marriage without her knowledge.
+
+Limited for cruelty, reasonable apprehension of bodily hurt, desertion,
+habitual drunkenness.
+
+LABOUR LAWS: No Sunday labour. No child under 12 may work in factory or
+mill and no child under 14 shall be employed during school session. No
+child under 15 may be employed in any mendicant, acrobatic, immoral, or
+dangerous occupation, nor in any place where liquor is sold. Seats must
+be provided for female employees. No female may work in mine.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women cannot be notaries. 26 women in ministry, 4 dentists, 4
+journalists, 4 lawyers, 18 doctors, 4 professors, 9 saloon keepers, 2
+bankers, 3 commercial travellers, 2 carpenters, etc.
+
+
+_Wisconsin_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 1,067,562; female 1,001,480.
+
+HUSBAND AND WIFE: Wife controls own earnings. Assignment of wages of
+husband must have wife's written consent. Wife controls separate
+property absolutely. Dower and curtesy prevail. Husband is guardian of
+children and must provide.
+
+DIVORCE: Absolute for impotence, adultery, sentence to imprisonment for
+three years prior to marriage. Limited or absolute for desertion for one
+year, cruelty, habitual drunkenness, neglect to provide, conduct of
+husband rendering it improper or unsafe for wife to live with him.
+
+LABOUR LAWS: Female labour confined to eight hours per day. No child
+under 14 may work in factory, workshop, bowling alley, or mine. Children
+between 14 and 16 must get permission from juvenile judge. No child
+under 16 shall be employed on dangerous machinery. None under 14 shall
+take part in theatrical or circus exhibition as musician unless
+accompanied on tours by parent or guardian. Authorities shall in all
+cases determine whether occupation is dangerous or immoral for children
+under 14. No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage. They may be notaries. 65 women in ministry, 24
+dentists, 32 journalists, 23 lawyers, 154 doctors, 12 professors, 143
+saloon keepers, 2 bankers, 27 commercial travellers, 9 carpenters, etc.
+
+
+_Wyoming_
+
+AGE OF LEGAL CONSENT: 21.
+
+POPULATION: Male 58,184; female 34,347.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property
+absolutely. Neither dower nor curtesy prevail. Husband and wife have
+same rights of mutual inheritance. Husband is legal guardian of
+children, but there is no penalty if he does not provide.
+
+DIVORCE: Absolute for adultery, impotence, conviction for felony,
+desertion for one year, habitual drunkenness, extreme cruelty, neglect
+to provide for one year, intolerable indignities, vagrancy of husband,
+conviction of felony prior to marriage unknown to other party, pregnancy
+of wife at time of marriage unknown to husband.
+
+No limited divorce.
+
+LABOUR LAWS: No female shall work in mine. Acrobatic, mendicant,
+dangerous, or immoral occupations forbidden to children under 14. No
+Sunday labour. Seats must be provided for female employees.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full
+suffrage. Women are eligible for all offices. 2 women in ministry, 2
+journalists, 12 doctors, 1 professor, no saloon keepers, lawyers, or
+dentists, 2 carpenters, etc.
+
+
+In studying these tables, it should be remembered that new laws are
+being made constantly; and that the census of 1910 will give figures
+which as soon as they appear must supersede those of 1900.
+
+
+SOURCES
+
+I. The Statutes of the Several States, from earliest times to the
+present day. Published by Authority.
+
+II. All newspapers and periodicals.
+
+III. The Census Reports, especially the various separate reports such as
+that on "Marriage and Divorce"; and the Reports of the Commissioner of
+Labour.
+
+IV. The History of Woman Suffrage: edited by Elizabeth Cady Stanton,
+Susan B. Anthony, Matilda Joslyn Gage, and Ida Husted Harper, 4 vols.
+[First two published by Fowler and Wells, New York, 1881 and 1882; last
+two by Susan B. Anthony, Rochester, 1887 and 1902.]
+
+V. The Encyclopedia of Social Reforms: edited by William D.P. Bliss,
+with the Co-operation of many Specialists. Funk and Wagnalls, New York
+and London, 1898.
+
+
+NOTES:
+
+[410] See, for example, the account in the _New York Tribune_, Sept. 8,
+9, and 12, 1853, of what happened at the Women's Rights Convention at
+that time.
+
+[411] In 1900 there were 7399 female physicians and surgeons in the
+United States, and 808 female dentists.
+
+[412] In 1900 there were 1049 women lawyers in the United States. The
+above statements are from Bliss, _Encyc_., p. 1291.
+
+[413] In 1900 there were 3405 women clergy in the United States.
+
+[414] In 1900 there were 2193 women journalists in the United States.
+This does not, of course, include women reporters and the like.
+
+
+
+
+CHAPTER IX
+
+GENERAL CONSIDERATIONS
+
+
+It is twenty-three centuries since Plato gave to the world his
+magnificent treatise on the State. The dream of the Greek philosopher of
+equal rights for all intelligent citizens, among whom he includes women,
+has in large part been realised; but much is yet wanting to bring
+society to the standard of the Ideal Republic. In not a few States of
+the world the conditions affecting property rights are inequitable; in
+all but very few States woman is still barred from the field of politics
+and from the legitimate rights of citizenship; and the day seems far
+distant when the States possessing a representative government will be
+prepared to accept the woman citizen as eligible for administrative
+positions.
+
+It will, therefore, be my purpose in this chapter first to consider five
+of the most serious objections to the granting of equal suffrage, that
+is to say, to the concession to women of full citizens' rights under the
+law. It will be found that these objections are based on a presumed
+inferiority of women to men in various respects. I shall give
+consideration next in order to the question of the inferiority or
+superiority of one sex over the other. In view, furthermore, of the new
+ferment in thought in modern society, it will be useful to analyse
+certain habits of mind and to indicate the necessity for a readjustment
+of old beliefs in the light of recent evolution. I shall conclude my
+history with a suggestion for definite reforms which, I believe, must be
+brought about, whether equal suffrage is granted or not, before women
+can attain their maximum of efficiency.
+
+The opposition to the granting of equal suffrage is, as I have said,
+based mainly upon five classes of contentions:
+
+  I. The theological.
+ II. The physiological.
+III. The social or political.
+ IV. The intellectual.
+  V. The moral.
+
+A consideration and an analysis of these five classes of objections will
+constitute a summary of the relations of woman to the community, and may
+also serve as a guide or suggestion to the possibility of a legitimate
+development, in the near future, of her rights as a citizen.
+
+I. The theological argument is based upon the distinctly evil conception
+of woman, presented in _Genesis_, as the cause of misery in this world
+and upon the subordinate position assigned to her by Paul and Peter.
+Christ himself has left us no teachings on the subject. The Hebrew and
+Oriental creed of woman's sphere permeated the West as Christianity
+expanded and forced to extinction the Roman principle of equality. Only
+within fifty years, has the female sex regained the rights enjoyed by
+women under the law of the Empire seventeen centuries ago. The Apostolic
+theory of complete subordination gained strength with each succeeding
+age. I have already cited instances of ecclesiastical vehemence. As a
+final example I may recall that when, early in the nineteenth century,
+chloroform was first used to help women in childbirth, a number of
+Protestant divines denounced the practice as a sin against the Creator,
+who had expressly commanded that woman should bring forth in sorrow and
+tribulation. Yet times have so far changed within two decades that the
+theological argument is practically obsolete among Protestants, although
+it is still influential in the Roman Catholic Church, which holds fast
+to the doctrine laid down by the Apostles. We may say, however, that of
+all the objections, the theological has, in practice, the least weight
+among the bulk of the population. The word _obey_ in the clerical
+formula _love, honour, and obey_ provokes a smile.
+
+II. The physiological argument is more powerful. Its supporters assert
+that the constitution of woman is too delicate, too finely wrought to
+compete with man in his chosen fields. The physiological argument makes
+its appearance most persistently in the statement that woman should have
+no vote because she could not defend her property or her country in
+time of war. In reply to this some partisans of equal suffrage have
+thought it necessary to prove that women are physically equal in all
+respects to men. But the issues between nations which in the centuries
+past it had been believed could be adjusted only by war, by being fought
+out (not, of course, to any logical conclusion, but to a result which
+showed simply that one party was stronger than the other), are now, in
+the great majority of cases, determined by the more reasonable, the more
+civilised, method of arbitration.
+
+As a matter of fact, the cause of woman's rights will suffer no harm by
+a frank admission that women are not, in general, the peers of men in
+brute force. The very nature of the female sex, subjected, as it is, to
+functional strains from which the male is free, is sufficient to
+invalidate such a claim. A refutation of the physiological objection to
+equal suffrage is, however, not hard to find. Even in war, as it is
+practised to-day, physical force is of little significance compared with
+strategy which is a product of the intellect. In a naval battle for
+instance, ships no longer engage at close range, where it is possible
+for the crew of one to board the opposing ship and engage in hand to
+hand conflict with the enemy; machinery turns the guns and even loads
+them; the whole fight is simply a contest between trained gunners, who
+must depend for success on cool mathematical computation.
+
+Nevertheless, it is true that under stress or the need of making a
+livelihood women in many instances do show physical endurance equal to
+that of men. Women who are expert ballet dancers and those who are
+skilled acrobats can hardly be termed physiological weaklings. In
+Berlin, you may see women staggering along with huge loads on their
+backs; in Munich, women are street-cleaners and hod-carriers; on the
+island of Capri, the trunk of the tourist is lifted by two men onto the
+shoulder of a woman, who carries it up the steep road to the village. In
+this country many women are forced to do hard bodily labour ten hours a
+day in sweat-shops. In all countries and in all ages there have been
+examples of women who, disguised as men, have fought side by side with
+the male and with equal efficiency. The case of Joan of Arc will at once
+occur to the reader; and those who are curious about this subject may,
+by consulting the records of our Civil War, find exciting material in
+the story of "Belle Boyd," "Frank Miller," and "Major Cushman."[415]
+
+Doubtless women are stronger physically than they were a half-century
+ago, when it was considered unladylike to exercise. If you will read the
+novels of that time, you will find that the heroine faints on the
+slightest provocation or weeps copiously, like Amelia in _Vanity Fair_,
+whenever the situation demands a grain of will-power or of
+common-sense. But to-day women seldom faint or weep in literature; they
+play tennis or row. When, in 1844, Pauline Wright Davis lectured on
+physiology before women in America and displayed the manikin, some of
+her auditors dropped their veils, some ran from the room, and some
+actually became unconscious, because their sense of delicacy was put to
+so sharp a test.
+
+It should be borne in mind, in connection with the contention that the
+privileges of a citizen ought to be accorded only to those persons who
+are physically capable of helping to defend the community by force, that
+no such principle is applied in fixing the existing qualifications for
+male citizenship. A large number of the voters of every community are,
+on the ground either of advanced years or of invalidism, physically
+disqualified for service as soldiers, sailors, or policemen. This group
+of citizens includes a very large proportion of the thinking power of
+the community. No intelligently directed state would, however, be
+prepared to deprive itself of the counsels, of the active political
+co-operation, and of the service from time to time in the responsibility
+of office, of men of the type of Gladstone (at the age of seventy-five),
+of John Stuart Mill (always a physical weakling), of Washington (serving
+as President after he was sixty), on the ground that these citizens were
+no longer capable of carrying muskets in the ranks.
+
+Any classification of citizens, any privileges extended to voters,
+ought, of course, to be arrived at on a consistent and impartial
+principle.
+
+Further, under the conditions obtaining in this twentieth century,
+governments, whether of nations, of states, or of cities, are carried on
+not by force but by opinion. In the earlier history of mankind, each
+family was called upon to maintain its existence by physical force. The
+families the members of which (female as well as male) were not strong
+enough to fight for their existence were crushed out. Par into the later
+centuries, issues between individuals were adjusted by the decision of
+arms. Up to within a very recent date, it may be admitted that issues
+between nations could be settled only by war. It is, however, at this
+time the accepted principle of representative government in all
+communities that matters of policy are determined by the expression of
+opinion, that is by means of the votes given by the majority of its
+citizens. It is by intelligence and not by brute force that the world is
+now being ruled, and with the growth of intelligence and a better
+understanding of the principles of government, it is in order not only
+on the grounds of justice but for the best interests of the state to
+widen the foundations of representative government, so as to make
+available for voting and for official responsibilities all the
+intelligence that is comprised within the community. This is in my
+judgment the most conclusive reply to the objection that the physical
+weakness of woman unfits her for citizenship.
+
+III. According to the social or political argument, if woman is given
+equal rights with man, the basis of family life, and hence the
+foundation of the state itself, is undermined, as a house divided
+against itself cannot stand. It is said that (1) there must be some one
+authority in a household and that this should be the man; (2) woman will
+neglect the home if she is left free to enter politics or a profession;
+(3) politics will degrade her; (4) when independent and self-asserting
+she will lose her influence over man; and (5) most women do not want to
+vote or to enter politics.
+
+It is astonishing with what vehemence men will base arguments on pure
+theory and speculation, while they wilfully close their eyes to any
+facts which may contradict their assumptions. It is inconceivable to a
+certain type of mind that a husband and wife can differ on political
+questions and may yet maintain an even harmony, while their love abates
+not one whit. In the four States where women vote--Wyoming, Colorado,
+Utah, and Idaho--there is no more divorce than in other States; and any
+one who has travelled in these communities can attest that no domestic
+unhappiness results from the suffrage. Nor does it in New Zealand.
+
+It is said that there must be some one supreme authority; but this
+depends on the view taken of marriage. Under the old Common Law, the
+personality of the wife was merged completely in that of her husband;
+marriage was an absolute despotism. Under the Canon Law, woman is man's
+obedient and unquestioning subject; marriage is a benevolent despotism.
+To-day people are more inclined to look upon matrimony as a partnership
+of equal duties, rights, and privileges.
+
+Sophocles argued in one of his tragedies that children belong entirely
+to the father, that the mother can assert no valid claim for anything.
+Lawyers have found this logic excellent; and the records are full of
+instances of children being taken from a hard-working mother in order to
+be handed over to a drunken father who wants their wages for his
+support. It is no longer so in most states. Civilisation has advanced so
+far, that the pains of bringing forth and raising children are
+acknowledged to give the mother a right almost equal to that of the
+father to determine all that concerns the child. There is some reason,
+therefore, for believing that she should have a voice also in passing
+upon laws which may make or undo for ever the welfare of the boys and
+girls for whom she struggles during the years that they are growing to
+manhood and womanhood. Men are for the greater part so engrossed in
+business that on certain questions they are far less competent to be
+"authorities" than women. Against stupid pedagogy, against red-tape,
+against the policy that morality must never interfere with business
+principles, against civic dirtiness, against brothel and saloon, women
+are more active than men, because they see more clearly how vitally the
+interests of their children are affected by these evil conditions.
+Wherever women vote, these questions are to the fore.
+
+Closely connected with the "one authority" argument is the old
+contention, so often resorted to and relied upon, that women, if they
+are permitted to vote, will neglect the home, and that, if the
+professions are opened to them, they will find these too absorbingly
+attractive. Much weight should, however, be given to the great power of
+the domestic instinct implanted in the nature of woman. In the States
+where women vote and are eligible for political offices, there are fewer
+unmarried women in proportion to the population than in States where
+they have no such rights. The great leaders of the woman suffrage
+movement from Mrs. Stanton to Mrs. Snowden have in their home circle led
+lives as beautiful and have raised families as large and as well
+equipped morally and intellectually as those who are content to sit by
+the fire and spin.
+
+Thus far I have argued from the orthodox view, that matrimony ought to
+be the goal of every woman's ambition. But if a woman wishes to remain
+single and devote herself exclusively to the realisation of some ideal,
+it is hard to see why she should not. Men who take this course are
+eulogised for their noble self-sacrifice in immolating themselves for
+the advancement of the cause of civilisation; women who do precisely the
+same thing are sometimes unthinkingly spoken of in terms of contempt or
+with that complacent pity which is far worse. It is difficult for us to
+realise adequately what talented women like Rosa Bonheur had to undergo
+because of this curious attitude of humanity.
+
+"The home is woman's sphere." This shibboleth is the logical result of
+the attitude mentioned. Doubtless, the home is woman's sphere; but the
+home includes all that pertains to it--city, politics and taxes, laws
+relating to the protection of minors, municipal rottenness which may
+corrupt children, schools and playgrounds and museums which may educate
+them. Few doctrines have been productive of more pain than the "woman's
+sphere" argument. It is this which has, for a thousand years, made the
+unmarried woman, the _Old Maid_, the butt of the contemptible jibes of
+Christian society, whereof you will find no parallel in pagan antiquity.
+Dramatic writers have held her up to ridicule on the stage on account of
+the peculiarities of character which are naturally acquired when a
+person is isolated from participation in the activities of life. It is
+the doctrine which has made women glad to marry drunkards and rakes, to
+bring forth children tainted with the sins of their fathers, and to
+suffer hell on earth rather than incur the ridicule of the Christian
+gentleman who may, without incurring the protest of society, remain
+unmarried and sow an unlimited quantity of wild oats. It is this
+doctrine which was indirectly responsible for the hanging and burning of
+eccentric old women on the charge that they were witches. As men found a
+divine sanction for keeping women in subjection, so in those days of
+superstition did they blaspheme their Creator by digging out of the Old
+Testament, as a justification for their brutality, the text, "Thou shalt
+not suffer a witch to live."
+
+"Politics will degrade women"--this naïve confession that politics are
+rotten is a fairly strong argument that some good influence is needed to
+make them cleaner. Generally speaking, it is difficult to imagine how
+politics could be made any worse. If a woman cannot go to the polls or
+hold office without being insulted by rowdies, her vote will be potent
+to elect officials who should be able to secure for the community a
+standard of reasonable civilisation. There is no case in which more
+sentimentality is wasted. Lovely woman is urged not to allow her beauty,
+her gentleness, her tender submissiveness to become the butt of the
+lounger at the street corner; and in most instances lovely woman, like
+the celebrated Maître Corbeau, is cajoled effectively. Meanwhile the
+brothel and the sweat-shop continue on their prosperous way. By a
+curious inconsistency, man will permit woman to help him out of a
+political dilemma and will then suavely remark that suffrage will
+degrade her.
+
+During the Civil War, Anna Dickinson by her remarkable lecture
+entitled, "The National Crisis" saved New Hampshire and Connecticut for
+the Republicans; Anna Carroll not only gave such a crushing rejoinder to
+Breckinridge's secession speech that the government printed and
+distributed it, but she also, as is now generally believed, planned the
+campaign which led to the fall of Forts Henry and Donelson and opened
+the Mississippi to Vicksburg. How many men realise these facts?
+
+The theory that politics degrade women will not find much support in
+such States as Colorado and Wyoming. Here, where equal suffrage obtains,
+women have been treated with uniform courtesy at the polls; they have
+even been elected to legislatures with no diminution of their
+womanliness; and the House of Wyoming long ago made a special resolution
+of its approval of equal rights and attested the beneficial results that
+have followed the extension of the suffrage to women.[416] Judge Lindsey
+of Colorado has said that his election, and consequent power to work out
+his great reforms in juvenile delinquency, was due to the backing of
+women at a time when men, for "business reasons," were averse to extend
+their aid. "No one would dare to propose its repeal [i.e., the repeal of
+equal suffrage], and if left to the men of the State any proposition to
+revoke the rights bestowed on women would be overwhelmingly defeated."
+Experience in Colorado and elsewhere has shown that any important moral
+issue will bring out the women voters in great force; but after election
+they are content to resume their domestic duties; and they have shown no
+great desire for political office.[417]
+
+Before I leave the discussion as to whether politics degrade women, it
+will not be out of place to consider the question whether certain women
+may not, if they have a vote, degrade politics. Of such women there are
+two classes--the immoral and the merely ignorant. As to the former, much
+fear has been expressed that they would be the very agents for
+unscrupulous politicians to use at the polls. Exact data on this matter
+are not available. I shall content myself with quoting a statement by
+Mrs. Ida Husted Harper[418]:
+
+"That 'immoral' class," said Mrs. Harper, "is a bogey that has never
+materialised in States where women have the suffrage. Those women don't
+vote. Indeed, Denver's experience has been interesting in that respect.
+When equal suffrage was first granted, women of that class were
+compelled by the police to register. It was a question of doing as the
+police said, of course, or being arrested. The women did not want to
+vote. They don't go under their real names; they have no fixed
+residence, and so on. Anyway, the last thing they wanted was to be
+registered voters.
+
+"But the corrupt political element needed their vote, and were after it,
+through the police. These women actually appealed to a large woman's
+political club to use its influence to keep the police from forcing them
+to register. A committee was appointed; it was found that the story was
+true; coercion was stopped, and the women's vote turned out the chief of
+police who attempted it. There is now no coercion, and this class simply
+pays no attention to politics at all."
+
+The doubling of the number of ignorant voters by giving all women alike
+the ballot would be a more serious affair. A remedy for that, however,
+lies in making an educational test a necessary qualification for all
+voters. In this connection the remarks of Mr. G.H. Putnam are
+suggestive[419]: "If I were a citizen of Massachusetts or of any State
+which, like Massachusetts, possesses such educational qualification, I
+should be an active worker for the cause of equal suffrage. As a citizen
+of New York who has during the last fifty years done his share of work
+in the attempt to improve municipal conditions, I am forced to the
+conclusion that it will be wiser to endure for a further period the
+inconsistency, the stupidity, and the injustice of the disfranchisement
+of thousands of intelligent women voters rather than to accept the
+burden of an increase in the mass of unintelligent voters. The first
+step toward 'equal suffrage' will, in my judgment, be a fight for an
+educational qualification for all voters."
+
+Those who maintain that when women are independent and self-asserting,
+they will lose their influence over men, assume that we view things
+to-day as they did a century ago and that the thoughts of men are not
+widened with the progress of the suns. The woman who can share the
+aspirations, the thoughts, the complete life of a man, who can
+understand his work thoroughly and support him with the sympathy born of
+perfect comprehension, will exert a far vaster influence over him than
+the milk-and-water ideal who was advised "to smile when her husband
+smiled, to frown when he frowned, and to be discreetly silent when the
+conversation turned on subjects of importance." It is a good thing for
+women to be self-asserting and independent. There is and always has been
+a class of men who, like Mr. Murdstone, are amenable to justice and
+reason only when they know that their proposed victim can at any time
+break the chains with which they would bind her.
+
+This brings us to the last of the social or political arguments, viz.,
+"Most women do not want to vote."[420] Precisely the same argument has
+been used by slave owners from time immemorial--the slaves do not wish
+to be free. As Professor Thomas writes[421]: "Certainly the negroes of
+Virginia did not greatly desire freedom before the idea was developed by
+agitation from the outside, and many of them resented this outside
+interference. 'In general, in the whole western Sahara desert, slaves
+are as much astonished to be told that their relation to their owners is
+wrong and that they ought to break it, as boys amongst us would be to be
+told that their relation to their fathers was wrong and ought to be
+broken.' And it is reported from eastern Borneo that a white man could
+hire no natives for wages. 'They thought it degrading to work for wages,
+but if he would buy them, they would work for him.'" It is akin to the
+old contention of despots that when their subjects are fit for freedom,
+they will make them free; but nobody has ever seen such a time.
+
+Reform of evil conditions does not come from below; leaders with visions
+of the future must point the way. I once heard of a very respectable
+lady of Boston who exclaimed indignantly against certain proposed
+changes in child labour laws in North Carolina, where she owned shares
+in a cotton mill. She maintained that the children who worked at the
+looms ten hours a day expressed no discontent; it kept them off the
+streets; and the operators, in the kindness of their hearts, had
+actually had the looms made especially to accommodate conveniently the
+diminutive size of the little workers. Some people might, with great
+profit to themselves, read Plato's superb allegory of the men in the
+cave.
+
+The fact that various women's associations have been instituted in
+opposition to the extension of woman suffrage--as in Boston and New
+York--is no argument for depriving all women of the franchise. If the
+women who compose these societies do not care to vote, they do not need
+to; but they have no right to deprive of their rights those who do so
+desire. It is said that good women will not go to the polls; yet there
+are in every large city hundreds of respectable males who disdain to
+vote. A woman is more likely to have a sense of duty to vote than a man.
+It is the old cry, "Don't disturb the old order of things. If you make
+us think for ourselves, we shall be so unhappy." So Galileo was brought
+to trial, so Anne Hutchinson was banished; and so persecuted they the
+prophets before them.
+
+IV. Another argument that is made much of is the intellectual
+inferiority of woman. For ages women were allowed nor higher education
+than reading, writing, and simple arithmetic, often not even these; yet
+Elizabeth Barrett Browning, George Sand, George Eliot, Harriet
+Martineau, Jane Austen, and some scores of others did work which showed
+them to be the peers of any minds of their day. And if no woman can
+justly claim to have attained an eminence such as that of Shakespeare in
+letters or of Darwin in science, we may question whether Shakespeare
+would have been Shakespeare or Darwin Darwin if the society which
+surrounded them had insisted that it was a sin for them to use their
+minds and that they should not presume to meddle with knowledge. When a
+girl for the first time in America took a public examination in
+geometry, in 1829, men wagged their heads gravely and prophesied the
+speedy dissolution of family and state.
+
+To the list of women whose service for their fellows would have been
+lost if the old-time barriers had been maintained, may be added the name
+of the late Dr. Mary Putnam Jacobi. Mary Putnam secured her preliminary
+medical education in the early '60's, and found herself keenly troubled
+and dissatisfied at the inadequacy of the facilities extended to women
+for the study of medicine. She insisted that if women practitioners were
+to be, as she expressed it, "turned loose" upon the community with
+license to practise, they should, not only as a matter of justice to
+themselves but of protection for the women and children whose lives they
+would have in their hands, be properly qualified.
+
+At the time in question, the medical profession took the ground that
+women might enjoy the benefit of a little medical education but they
+were denied the facilities for any thorough training or for any research
+work. Mary Putnam secured her graduate degree from the great medical
+school of the University of Paris, being the first woman who had been
+admitted to the school since the fourteenth century. Returning after six
+years of thorough training, she did much during the remaining years of
+her life to secure and to maintain for women physicians the highest
+possible standard of training and of practice. It was natural that with
+this experience of the requirement of equal facilities for women in her
+own work, she should always have been a believer in the extension of
+equal facilities for any citizen's work for which, after experience,
+women might be found qualified. She was, therefore, an ardent advocate
+of equal suffrage.
+
+One needs but recall the admirable intellectual work of women to-day to
+wonder at the imbecility of those who assert that women are
+intellectually the inferiors of men. Madame Curie in science, Miss
+Tarbell in political and economic history, Miss Jane Addams in
+sociological writings and practice, the Rev. Anna Howard Shaw in the
+ministry, Mrs. Hetty Green in business, are a few examples of women
+whose mental ability ought to bring a blush to the Old Guard. Mrs.
+Harriman and Mrs. Sage, who manage properties of many millions, are
+denied the privilege of voting in regard to the expenditure of their
+taxes; but every ignorant immigrant can cast a vote, thanks to the
+doctrine that the political acumen of a man, however degraded, is
+superior to that of a woman, however great her genius--an admirable
+obedience to the saw in Ecclesiasticus that the badness of men is better
+than the goodness of women. Let me quote again from Professor Thomas:
+"The men have said that women are not intelligent enough to vote, but
+the women have replied that more of honesty than of intelligence is
+needed in politics at present, and that women certainly do not represent
+the most ignorant portion of the population. They claim that voting is a
+relatively simple matter anyway, that political freedom 'is nothing but
+the control of those who do make politics their business by those who do
+not,' and that they have enough intelligence 'to decide whether they are
+properly governed, and whom they will be governed by.' They point out
+also that already, without the ballot, they are instructing men how to
+vote and teaching them how to run a city; that women have to journey to
+the legislature at every session to instruct members and committees at
+legislative hearings, and that it is absurd that women who are capable
+of instructing men how to vote should not be allowed to vote themselves.
+To the suggestion that they would vote like their husbands and that so
+there would be no change in the political situation, women admit that
+they would sometimes vote like their husbands, because their husbands
+sometimes vote right; but ex-Chief-Justice Fisher of Wyoming says: 'When
+the Republicans nominate a bad man and the Democrats a good one, the
+Republican women do not hesitate a moment to "scratch" the bad and
+substitute the good. It is just so with the Democrats; hence we almost
+always have a mixture of office-holders. I have seen the effects of
+female suffrage, and, instead of being a means of encouragement to fraud
+and corruption, it tends greatly to purify elections and to promote
+better government.' Now, 'scratching' is the most difficult feature of
+the art of voting, and if women have mastered this, they are doing very
+well. Furthermore, the English suffragettes have completely
+outgeneralled the professional politicians. They discovered that no
+cause can get recognition in politics unless it is brought to the
+attention, and that John Bull in particular will not begin to pay
+attention 'until, you stand on your head to talk to him.' They regretted
+to do this, but in doing it they secured the attention and interest of
+all England. They then followed a relentless policy of opposing the
+election of any candidate of the party in power. The Liberal men had
+been playing with the Liberal women, promising support and then laughing
+the matter off. But they are now reduced to an appeal to the maternal
+instinct of the women. They say it is unloving of them to oppose their
+own kind. Politics is a poor game, but this is politics."
+
+V. The last objection I would call the _moral_. It embraces such
+arguments as, that woman is too impulsive, too easily swayed by her
+emotions to hold responsible positions, that the world is very evil and
+slippery, and that she must therefore constantly have man to protect
+her--a pious duty, which he avows solemnly it has ever been his special
+delight to perform. The preceding pages are a commentary on the manner
+in which man has discharged this duty. In Delaware, for instance, the
+age of legal consent was until 1889 seven years. The institution of
+Chivalry, to take another example, is usually praised for the high
+estimation and protection it secured for women; yet any one who has read
+its literature knows that, in practice, it did nothing of the sort. The
+noble lord who was so gallant to his lady love--who, by the way, was
+frequently the wife of another man--had very little scruple about
+seducing a maid of low degree. The same gallantry is conspicuous in the
+Letters of Lord Chesterfield, beneath whose unctuous courtesy the beast
+of sensuality is always leering.
+
+In the past the main function of woman outside of the rearing of
+children has been to satisfy the carnal appetite of man, to prepare his
+food, to minister to his physical comfort; she was barred from
+participation in the intellectual. In order to hold her to these bonds a
+Divine Sanction was sought. The Mohammedan found it in the Koran; the
+Christian, in the Bible--just as slavery was justified repeatedly from
+the story of Ham, just as the Stuarts and the Bourbons believed firmly
+that they were the special favourites of God.
+
+Strangely enough, men who are so sensitive about the moral welfare of
+women will visit a dance hall where women are degraded nightly, and will
+allow their daughters to marry "reformed" rakes. Men will not permit any
+mention of sexual matters in their homes, and will let their children
+get their information on the street; and all for the very simple reason
+that they are afraid the truth will hurt, will make people think. Men
+have been remarkably sensitive about having women speak in public for
+their rights; but they watch with zest a woman screaming nonsense on the
+stage.
+
+It is quite possible that many women are swayed too easily by their
+emotions. We must recollect, however, that for some thousands of years
+woman has been carefully drilled to believe that she is an emotional
+creature. If a dozen people conspire to tell a man that he is looking
+badly, it is not unlikely that he will feel ill. Certainly Florence
+Nightingale and Clara Barton exhibited no lack of firmness on the
+shambles of battlefields; and there are few men living who cannot recall
+instances of women who have, in the face of disaster and evil fortune,
+shown a steady perseverance and will-power in earning a living for
+themselves and their children that men have not surpassed.
+
+Having in the preceding pages considered the five capital objections to
+the concession of equal suffrage, I shall now, in accordance with my
+plan, say something of the much-mooted question of the superiority or
+inferiority of one sex to the other. It might be concluded from the
+foregoing account that I see little difference in the aptitudes and
+powers of the sexes physically, morally, or intellectually. That does
+not necessarily follow. It is possible to conceive of each sex as the
+complement of the other; and between complements there can be no
+question either of superiority or of inferiority. The great historian of
+European Morals has analysed the constitutional differences of the sexes
+as he conceived them; and I may quote his remarks as pertinent to my
+theme. Lecky writes as follows[422]:
+
+"Physically, men have the indisputable superiority in strength, and
+women in beauty. Intellectually, a certain inferiority of the female sex
+can hardly be denied when we remember how almost exclusively the
+foremost places in every department of science, literature, and art have
+been occupied by men, how infinitesimally small is the number of women
+who have shown in any form the very highest order of genius, how many of
+the greatest men have achieved their greatness in defiance of the most
+adverse circumstances, and how completely women have failed in obtaining
+the first position, even in music or painting, for the cultivation of
+which their circumstances would appear most propitious. It is as
+impossible to find a female Raphael, or a female Handel, as a female
+Shakespeare or Newton. Women are intellectually more desultory and
+volatile than men; they are more occupied with particular instances than
+with general principles; they judge rather by intuitive perceptions than
+by deliberate reasoning or past experience. They are, however, usually
+superior to men in nimbleness and rapidity of thought, and in the gift
+of tact or the power of seizing speedily and faithfully the finer
+inflections of feeling, and they have therefore often attained very
+great eminence as conversationalists, as letter-writers, as actresses,
+and as novelists.
+
+"Morally, the general superiority of women over men is, I think,
+unquestionable. If we take the somewhat coarse and inadequate criterion
+of police statistics, we find that, while the male and female
+populations are nearly the same in number, the crimes committed by men
+are usually rather more than five times as numerous as those committed
+by women; and although it may be justly observed that men, as the
+stronger sex, and the sex upon whom the burden of supporting the family
+is thrown, have more temptations than women, it must be remembered, on
+the other hand, that extreme poverty which verges upon starvation is
+most common among women, whose means of livelihood are most restricted,
+and whose earnings are smallest and most precarious. Self-sacrifice is
+the most conspicuous element of a virtuous and religious character, and
+it is certainly far less common among men than among women, whose whole
+lives are usually spent in yielding to the will and consulting the
+pleasures of another. There are two great departments of virtue: the
+impulsive, or that which springs spontaneously from the emotions, and
+the deliberative, or that which is performed in obedience to the sense
+of duty; and in both of these I imagine women are superior to men. Their
+sensibility is greater, they are more chaste both in thought and act,
+more tender to the erring, more compassionate to the suffering, more
+affectionate to all about them.... In active courage women are inferior
+to men. In the courage of endurance they are commonly their
+superiors.... In the ethic of intellect they are decidedly inferior. To
+repeat an expression I have already employed, women very rarely love
+truth, though they love passionately what they call 'the truth' or
+opinions they have received from others, and hate vehemently those who
+differ from them. They are little capable of impartiality or doubt;
+their thinking is chiefly a mode of feeling; though very generous in
+their acts, they are rarely generous in their opinions.... They are less
+capable than men of perceiving qualifying circumstances, of admitting
+the existence of elements of good in systems to which they are opposed,
+of distinguishing the personal character of an opponent from the
+opinions he maintains. Men lean most to justice, and women to mercy. Men
+are most addicted to intemperance and brutality, women to frivolity and
+jealousy. Men excel in energy, self-reliance, perseverance, and
+magnanimity, women in humility, gentleness, modesty, and endurance....
+Their religious or devotional realisations are incontestably more
+vivid.... But though more intense, the sympathies of women are commonly
+less wide than those of men. Their imaginations individualise more,
+their affections are, in consequence, concentrated rather on leaders
+than on causes.... In politics, their enthusiasm is more naturally
+loyalty than patriotism. In history, they are even more inclined than
+men to dwell exclusively upon biographical incidents or characteristics
+as distinguished from the march of general causes."
+
+Experience, by which alone mankind has ever learned or can learn, will
+show how far the characteristics enumerated by Lecky are innate and how
+far they have been acquired in the course of ages by certain habits of
+belief and education.
+
+The securing of citizens' rights for woman will of necessity depend on
+the attitude of society. There may be numerous laws for her relief on
+the statute books; but if society frowns on her appearance in court, it
+will be only in exceptional cases that she will appeal to the courts. To
+one who is familiar with the records of daily life a hundred years ago
+there is little doubt that conjugal infidelity on the part of the
+husband was more flagrant then than it is to-day; but there were
+infinitely fewer divorces. The reason for this is simply that public
+sentiment on the subject has changed. A century ago, a divorced woman
+could do nothing; the wife was exhorted to bear her husband's faults
+with meekness; and the expansion of industry had not yet opened to her
+that opportunity of making her own living which she now possesses in a
+hundred ways. Women were entirely dependent on men; and the men knew it.
+To-day they are not so sure.
+
+The old conception of woman's position was subjection, based on mental
+and physical inferiority and supported by Biblical arguments. The newer
+conception is that of a complement, in which neither inferiority nor
+superiority finds place. The old conception was based, like every
+institution of the times, on fear. Men were warned against heresy by
+being reminded of the tortures of hell fire; against crime by appealing
+to their dread of the gallows. Between the death of Anne and the reign
+of George III one hundred and eighty-eight capital offences were added
+to the penal code; and crime at once increased to an amazing degree. In
+a system that is founded on fear, when once that fear is removed--as it
+inevitably will be with the growth of enlightenment--there remains no
+basis of action, no incentive to good. It has been tried for centuries
+and has yielded only Star Chambers and Spanish Inquisitions. It is time
+that we try a new method. An appeal to the sense of _fair play_, an
+appeal to the sense of duty and of natural affection may yield
+immeasurably superior results. It has been my experience and personal
+observation that the standard of honour in our non-sectarian schools,
+where the _fair play_ spirit is most insisted on, is vastly greater than
+it was in the old sectarian institutions where boys were told morning,
+noon, and night that they would go to hell if they did not behave.
+
+The new spirit is not going to be accepted at once by society. There
+must first be some wailing and much gnashing of teeth; and the monster,
+custom, which all sense doth eat, will still for a time be antagonistic
+as it has been in the past. "In no society has life ever been completely
+controlled by the reason," remarks Professor Thomas, "but mainly by the
+instincts and the habits and the customs growing out of these. Speaking
+in a general way, it may be said that all conduct both of men and
+animals tends to be right rather than wrong. They do not know why they
+behave in such and such ways, but their ancestors behaved in those ways
+and survival is the guaranty that the behaviour was good. We must admit
+that within the scope of their lives the animals behave with almost
+unerring propriety. Their behaviour is simple and unvarying, but they
+make fewer mistakes than ourselves. The difficulty in their condition
+is, that having little power of changing their behaviour they have
+little chance of improvement. Now, in human societies, and already among
+gregarious animals, one of the main conditions of survival was common
+sentiment and behaviour. So long as defence of life and preying on
+outsiders were main concerns of society, unanimity and conformity had
+the same value which still attaches to military discipline in warfare
+and to team work in our sports. Morality therefore became identified
+with uniformity. It was actually better to work upon some system,
+however bad, than to work on none at all, and early society had no place
+for the dissenter. Changes did take place, for man had the power of
+communicating his experiences through speech and the same power of
+imitation which we show in the adoption of fashions, but these changes
+took place with almost imperceptible slowness, or if they did not,
+those who proposed them were considered sinners and punished with death
+or obloquy.
+
+"And it has never made any difference how bad the existing order of
+things might be. Those who attempted to reform it were always viewed
+with suspicion. Consequently our practices usually run some decades or
+centuries behind our theories and history is even full of cases where
+the theory was thoroughly dead from the standpoint of reason before it
+began to do its work in society. A determined attitude of resistance to
+change may therefore be classed almost with the instincts, for it is not
+a response to the reason alone, but is very powerfully bound up with the
+emotions which have their seat in the spinal cord.
+
+"It is true that this adhesion to custom is more absolute and
+astonishing in the lower races and in the less educated classes, but it
+would be difficult to point out a single case in history where a new
+doctrine has not been met with bitter resistance. We justly regard
+learning and freedom of thought and investigation as precious, and we
+popularly think of Luther and the Reformation as standing at the
+beginning of the movement toward these, but Luther himself had no faith
+in 'the light of reason' and he hated as heartily as any papal dogmatist
+the 'new learning' of Erasmus and Hutten.... We are even forced to
+realise that the law of habit continues to do its perfect work in a
+strangely resentful or apathetic manner even when there is no moral
+issue at stake.... Up to the year 1816, the best device for the
+application of electricity to telegraphy had involved a separate wire
+for each letter of the alphabet, but in that year Francis Ronalds
+constructed a successful line making use of a single wire. Realising the
+importance of his invention, he attempted to get the British government
+to take it up, but was informed that 'telegraphs of any kind are now
+wholly unnecessary, and no other than the one in use will be adopted.'"
+
+The reader will doubtless be able to add from his own experience and
+observation examples which will support Professor Thomas's admirable
+account of the power of custom. Among many barbarous tribes certain
+foods, like eggs, are _taboo_; no one knows why they should not be
+eaten; but tradition says their use produces bad results, and one who
+presumes to taste them is put to death. To-day, we believe ourselves
+rather highly civilised; but the least observation of society must
+compel us to acknowledge that _taboo_ is still a vital power in a
+multitude of matters.
+
+There is a still more forcible opposition to a recasting of the status
+of women by those men who have beheld no complete regeneration of
+society through the extension of the franchise in four of our States.
+Curiously oblivious of the fact that partial regeneration through the
+instrumentality of women is something attained, they take this as a
+working argument for the uselessness of extending the suffrage. They
+point to other evils that have followed and tell you that if this is the
+result of the emancipation of women, they will have none of it. For
+example, there can be no doubt that one may see from time to time the
+pseudo-intellectual woman. She affects an interest in literature,
+attends lectures on Browning and Emerson, shows an academic interest in
+slum work, and presents, on the whole, a selfishness or an egotism which
+repels. There never has been a revolution in society, however beneficial
+eventually, which did not bring at least some evil in its train. I
+cannot do better in this connection than to quote Lord Macaulay's
+splendid words (from the essay on Milton): "If it were possible that a
+people, brought up under an intolerant and arbitrary system, could
+subvert that system without acts of cruelty and folly, half the
+objections to despotic power would be removed. We should, in that case,
+be compelled to acknowledge that it at least produces no pernicious
+effects on the intellectual and moral character of a people. We deplore
+the outrages which accompany revolutions. But the more violent the
+outrages, the more assured we feel that a revolution was necessary. The
+violence of these outrages will always be proportioned to the ferocity
+and ignorance of the people; and the ferocity and ignorance of the
+people will be proportioned to the oppression and degradation under
+which they have been accustomed to live. Thus it was in our civil war.
+The rulers in the church and state reaped only what they had sown. They
+had prohibited free discussion--they had done their best to keep the
+people unacquainted with their duties and their rights. The retribution
+was just and natural. If they suffered from popular ignorance, it was
+because they had themselves taken away the key to knowledge. If they
+were assailed with blind fury, it was because they had exacted an
+equally blind submission.
+
+"It is the character of such revolutions that we always see the worst of
+them at first. Till men have been for some time free, they know not how
+to use their freedom. The natives of wine-countries are always sober. In
+climates where wine is a rarity, intemperance abounds. A newly-liberated
+people may be compared to a northern army encamped on the Rhine or the
+Xeres. It is said that when soldiers in such a situation first find
+themselves able to indulge without restraint in such a rare and
+expensive luxury, nothing is to be seen but intoxication. Soon, however,
+plenty teaches discretion; and after wine has been for a few months
+their daily fare, they become more temperate than they had ever been in
+their own country. In the same manner, the final and permanent fruits of
+liberty are wisdom, moderation, and mercy. Its immediate effects are
+often atrocious crimes, conflicting errors, skepticism on points the
+most clear, dogmatism on points the most mysterious. It is just at this
+crisis that its enemies love to exhibit it. They pull down the
+scaffolding from the half-finished edifice; they point to the flying
+dust, the falling bricks, the comfortless rooms, the frightful
+irregularity of the whole appearance; and then ask in scorn where the
+promised splendour and comfort are to be found? If such miserable
+sophisms were to prevail, there never would be a good house or a good
+government in the world.... There is only one cure for the evils which
+newly acquired freedom produces--and that cure is freedom. When a
+prisoner leaves his cell, he cannot bear the light of day--he is unable
+to discriminate colours or to recognise faces. But the remedy is not to
+remand him into his dungeon, but to accustom him to the rays of the sun.
+The blaze of truth and liberty may at first dazzle and bewilder nations
+which have become half-blind in the house of bondage. But let them gaze
+on, and they will soon be able to bear it. In a few years men learn to
+reason. The extreme violence of opinion subsides. Hostile theories
+correct each other. The scattered elements of truth cease to conflict,
+and begin to coalesce. And at length a system of justice and order is
+educed out of the chaos.
+
+"Many politicians of our time are in the habit of laying it down as a
+self-evident proposition, that no people ought to be free till they are
+fit to use their freedom. The maxim is worthy of the fool in the old
+story, who resolved not to go into the water till he had learnt to swim.
+If men are to wait for liberty till they become wise and good in
+slavery, they may indeed wait for ever."
+
+The speedy dissolution of family and state was prophesied by men when
+first a girl took a public examination in geometry; whenever women have
+been given complete control of their own property; when they have been
+received into the professions and industries; and now in like manner
+people dread the condition of things that they imagine might follow if
+women are given the right to vote and to hold office. We may well
+believe, with Lecky, that there are "certain eternal moral landmarks
+which never can be removed." But no matter what our views may be of the
+destinies, characteristics, functions, or limitations of the sex,
+certain reforms are indispensable before woman and, through her, family
+life can reach their highest development. Of these reforms I shall speak
+briefly and with them close my history.
+
+I. The double standard of morality for the sexes must gradually be
+abolished.[423] Of all the sad commentaries on Christian nations none
+is so pathetic or so tragical as the fact that for nineteen centuries
+men have been tacitly and openly allowed, at least before marriage,
+unrestrained liberty to indulge in sexual vice and intemperance, while
+one false step on the part of the woman has condemned her to social
+obloquy and, frequently, to a life on the street. This strange system, a
+blasphemy against the Christ who suffered death in order to purify the
+earth, has had its defenders not merely among the uneducated who do not
+think, but even among the most acute intellects. The philosopher Hume
+justifies it by commenting on the vastly greater consequences attendant
+on vice in women than in men; divines like Jeremy Taylor have encouraged
+it by urging women meekly to bear the sins of their husbands. This
+subject is one of the great _taboos_ in modern society. Let me exhort
+the reader to go to any physician and get from him the statistics of
+gonorrhea and syphilis which he has met in his practice; let him learn
+of the children born blind and of wives rendered invalid for life
+because their husbands once sowed a crop of wild oats with the sanction
+of society; let him read the Report of the Committee of Fifteen in New
+York (G.P. Putnam's Sons, 1902) on _The Social Evil_, the records of the
+Watch and Ward Society in Boston, or the recent report of the special
+jury in New York which investigated the "White Slave Traffic."[424]
+
+The plain facts are not pleasant. A system which has been in vogue from
+the beginning of history cannot be changed in a decade; but the desired
+state of things will be more speedily achieved and immediate good will
+be accomplished by three reforms which may be begun at once--have begun,
+in fact. In the first place, the "age of legal consent" should be
+uniformly twenty-one. In most States to-day it is fourteen or
+sixteen.[425] To the ordinary mind it is a self-evident proposition that
+a girl of those ages, the slippery period of puberty, can but seldom
+realise what she is doing when she submits herself to the lust of
+scoundrels. But the minds of legislators pass understanding; and when, a
+few years ago, a woman in the Legislature of Colorado proposed to have
+the age of consent raised from sixteen to twenty-one, such a storm of
+protest came from her male colleagues that the measure had to be
+abandoned. In the second place the public should be made better
+acquainted with the facts of prostitution. When people once realise
+thoroughly what sickness and social ulcers result from the presence in
+the city of New York of 100,000 debauched women (and the estimate is
+conservative)--when they begin to reflect that their children must grow
+up in such surroundings, then perhaps they will question the expediency
+of the double standard of morality and will insist that what is wrong
+for a woman is wrong for a man. It is a fact, to be borne carefully in
+mind, that the vast majority of prostitutes begin their career below the
+age of _eighteen_ and usually at the instigation of adult _men_, who
+take advantage of their ignorance or of their poverty. If the miserable
+Thaw trial did nothing else, it at least once more called public
+attention to conditions which every intelligent man knows have existed
+for years. Something can also be done by statute. New York has made
+adultery a crime; and the State of Washington requires a physical
+examination of the parties before marriage. In the third place,
+physicians should take more pains to educate men to the knowledge that a
+continent life is not a detriment to health--the contrary belief being
+more widely spread than is usually suspected.
+
+II. In the training of women, care should be taken to impress upon them
+that they are not toys or spoiled children, but fellow-citizens, devoted
+to the common task of advancing the ideals of the nation to their goal.
+
+    The woman's cause is man's; they rise or sink
+    Together, dwarf'd or godlike, bond or free:
+    If she be small, slight-natured, miserable,
+    How shall men grow?
+
+TENNYSON, _The Princess_.
+
+    A Being breathing thoughtful breath,
+    A Traveller between life and death;
+    The reason firm, the temperate will,
+    Endurance, foresight, strength, and skill;
+    A perfect Woman, nobly planned,
+    To warn, to comfort, and command;
+    And yet a Spirit still, and bright
+    With something of an angel light.
+
+WORDSWORTH.
+
+Towards a higher conception of their duties, women are steadily
+advancing. It often happens that the history of words will give a hint
+of the progress of civilisation. Such a story is told by the use of
+_lady_ and _woman_. Not many decades ago the use of the word _woman_ in
+referring to respectable members of the sex was interpreted as a lack of
+courtesy. To-day, women prefer to be called _women_.
+
+III. Women should be given the full right to enter any profession or
+business which they may desire. As John Stuart Mill says:
+
+"The proper sphere for any human being is the highest sphere that being
+is capable of attaining; and this cannot be ascertained without complete
+liberty of choice."
+
+"We are, as always, in a period of transition," remarks Mr.
+Björkman,[426] "the old forms are falling away from us on every side.
+Concerning the new ones we are still uncertain and divided. Whether
+woman shall vote or not, is not the main issue. She will do so sooner or
+later if it suits her. No, the imperative question confronting us is
+this: What are we to do that her life once more may be full and useful
+as it used to be? That question cannot be answered by anybody but
+herself. Furthermore, it can only be answered on the basis of actual
+experience. And urged onward by her never-failing power of intuition,
+woman has for once taken to experimenting. She has, if you please,
+become temporarily catabolic. But it means merely that she is seeking
+for new means to fulfil her nature, not for ways of violating it. And
+the best thing--nay, the only thing--man can do to help her is to stand
+aside and keep his faith, both in her and in life. Whether it be the
+franchise, or the running of railroads, or public offices, that her
+eager hands and still more eager soul should happen to reach out for, he
+must give her free way. All she wants is to find herself, and for this
+purpose she must try everything that once was foreign to her being: the
+trial over, she will instinctively and unfailingly pick out the right
+new things to do, and will do them."
+
+The opening up of professions and industries to woman has been of
+incalculable benefit to her. Of old the unmarried woman could do little
+except sit by the fire and spin or make clothing for the South Sea
+Islanders. Her limited activities caused a corresponding influence on
+her character. People who have nothing to do will naturally find an
+outlet for their superfluous energy in gossip and all the petty things
+of life; if isolated from a share in what the world is doing, they will
+no less naturally develop eccentricities of character and will grow old
+prematurely. To-day, by being allowed a part in civic and national
+movements, women can "get out of themselves"--a powerful therapeutic
+agent. Mrs. Ella Young, a woman of sixty, was last year made
+Superintendent of the great Public School System of Chicago. Fräulein
+Anna Heinrichsdorff is the first woman in Germany to get an engineer's
+diploma, very recently bestowed upon her; an "excellent" mark was given
+Fräulein Heinrichsdorff in every part of her examination by the Berlin
+Polytechnic Institute. Miss Jean Gordon, the only factory inspector in
+Louisiana, is at present waging a strong fight against the attempt to
+exempt "first-class" theatres from the child-labour law. Mrs. Nellie
+Upham, of Colorado, is President and General Manager of the Gold Divide
+Mining, Milling, and Tunnel Company of Colorado and directs 300 workmen.
+These are a few examples out of some thousands of what woman is
+doing.[427] And yet there are men who do not believe she should do
+anything but wash dishes and scrub.
+
+Much more serious is the glaring discrepancy in the wages paid to men
+and to women. For doing precisely the same work as a man and often doing
+it better, woman receives a much lower wage. The reasons are several
+and specious. We are told that men have families to support, that women
+do not have such expensive tastes as men, that they are incapable of
+doing as much as men, that by granting them equal wages one of the
+inducements to marry is removed. These arguments are generally used with
+the greatest gravity by bachelors. If men have families to support,
+women by the hundreds support brothers and sisters and weak parents.
+That they are incapable of doing as much sounds unconvincing to one who
+has seen the work of sweat-shops. The argument that men have more
+expensive tastes to satisfy is too feeble to deserve attention. Finally,
+when men argue that women should be forced to marry by giving them
+smaller wages, they are simply reverting to the time-honoured idea that
+the goal of every women's ambition should be fixed as matrimony. If the
+low wages of women produced no further consequence, one might dismiss
+the matter as not of essential importance; but inadequate pay has been
+found too frequently to be a direct cause of prostitution. No girl can
+well keep body and soul together on four dollars a week and some
+business managers have been known to inform their women employees with
+frankness that a "gentleman friend" is a necessary adjunct to a limited
+income.
+
+The women who suffer most from low wages are probably the teachers in
+our primary schools. They start usually on a salary of about three
+hundred and fifty dollars a year. For this each teacher performs all the
+minute labour and bears all the nervous strain of instructing sixty
+pupils six and a half hours a day and of correcting dozens of papers far
+into the night. And when crime increases or the pupils are not
+universally successful in business, the school teacher has the added
+pleasure of getting blamed for it, being told that she ought to have
+trained them better. These facts lend some colour to Mark Twain's sage
+reflection that God at first made idiots--that was for practice; then
+he made school boards.
+
+One of the most interesting examples of recent evolution in the
+industrial status of women is the decision of the Supreme Court of
+Illinois in the so-called Ritchie Case. The last Legislature of Illinois
+passed a law limiting to ten hours the working day of women in factories
+and stores. Now, as far back as 1893, the Legislature had passed a
+similar law limiting woman's labour to _eight_ hours; but the Supreme
+Court in 1895 declared it unconstitutional on the ground that it was an
+arbitrary and unreasonable interference with the right of women to
+contract for the sale of their labour. When, therefore, this year a
+ten-hour bill was tried, W.C. Ritchie, who had secured the nullification
+of the act of 1893, again protested. The decision of the Court, rendered
+April 21, 1910, is an excellent proof of the great advance made within
+two decades in the position of women. Reversing completely its judgment
+of 1895, the Court left far behind it mere technicalities of law and
+found a sanction for its change of front in the experience of humanity
+and of common sense. These are its conclusions:
+
+"It is known to all men, and of what we know as men we cannot profess to
+be ignorant as judges:
+
+"That woman's physical structure and the performance of maternal
+functions place her at a great disadvantage in the battle of life.
+
+"That while a man can work for more than ten hours a day without injury
+to himself, a woman, especially when the burdens of motherhood are upon
+her, cannot.
+
+"That while a man can work standing upon his feet for more than ten
+hours a day, day after day, without injury to himself, a woman cannot.
+
+"That to require a woman to stand upon her feet for more than ten hours
+in any one day and to perform severe manual labour while thus standing
+has the effect of impairing her health.
+
+"And as weakly and sickly women cannot be the mothers of vigorous
+children, it is of the greatest importance to the public that the State
+take such measures as may be necessary to protect its women from the
+consequences produced by long-continued manual labour in those
+occupations which tend to break them down physically.
+
+"It would seem obvious, therefore, that legislation which limits the
+number of hours which women shall be permitted to work to ten hours in a
+single day in such employments as are carried on in mechanical
+establishments, factories, and laundries would tend to preserve the
+health of women and assure the production of vigorous offspring by them
+and would conduce directly to the health, morals, and general welfare of
+the public, and that such legislation would fall clearly within the
+police powers of the State."
+
+IV. All phenomena that concern family life should be carefully studied
+and their bearing on the state ascertained as exactly as possible.
+There is no subject, for example, from which such wild conclusions are
+drawn as the matter of divorce. The average moralist, but more
+particularly the clergy, seeing the fairly astonishing increase in
+divorce during the last decade, jump to the conclusion that family life
+is decadent and immorality flagrantly on the increase. They point to the
+indubitable fact that a century ago divorces were insignificant in
+number; and they infer that morality was then on a much higher level
+than it is now. Such alarmists neglect certain elementary facts. The
+flippant manner in which marriage is treated by the Restoration
+dramatists and by novelists of the 18th century, the callous sexual
+morality revealed in diaries and in the conversations of men like
+Johnson alone are sufficient to suggest the need of a readjustment of
+one's view regarding the standard of morality in the past. A century ago
+it was the duty of a gentleman to drink to excess; and it was presumed
+that a guest had not enjoyed his dinner unless he was at least
+comfortably the worse for liquor. This view of drunkenness is admirably
+depicted in Dickens's _Pickwick Papers_, where intoxication is treated
+throughout as something merely humorous.
+
+There were just as many unhappy marriages formerly in proportion to the
+population as there are to-day; but the wife was held effectually from
+application for a divorce not only by rigid laws but by the sentiment of
+society, which ostracised a divorced woman, and furthermore by her lack
+of means and of opportunity for earning an independent livelihood.
+To-day women are not inclined to tolerate a husband who is brutal or
+debauched. Alarmists make a mistake when they place too much emphasis on
+the seeming triviality of the reasons, justifying their course, which
+wives advance when applying for a separation. For example, the phrase
+"incompatibility of temperament" is in a great number of cases merely a
+euphemism for something much worse. The clergy will counsel a woman to
+bear with what they call Christian resignation a husband addicted to
+drink or scarred by the diseases that are a consequence of sin.
+Abstractly considered, this may conceivably be good advice. But viewed
+in a common-sense way it is the duty of a woman to reflect on the
+consequences of conceiving children from such a man; and the researches
+of physicians will furnish her with incontrovertible facts regarding the
+impaired health of the offspring of such a union. A law which would
+permit of no divorce under such conditions, instead of benefiting the
+state, would injure it in its most vital asset--healthy children, the
+coming citizens. Doubtless the divorce laws in many States are too lax.
+But sweeping generalities based on theory will not remedy matters.
+Divorce may simply be a symptom, not a disease; a revolt against unjust
+conditions; and the way to do away with divorce or reduce the frequency
+of it is to remedy the evil social conditions which, in a great many
+instances, are responsible.
+
+The fact is, the institution of marriage is going through a crisis. The
+old view that marriage is a complete merging of the wife in the husband
+and that the latter is absolute monarch of his home is being questioned.
+When a man with this idea and a woman with a far different one marry,
+there is likely to be a clash. Marriage as a real partnership based on
+equality of goods and of interests finds an increasing number of
+advocates. There is great reason to believe that the issue will be only
+for the good and that from doubt and revolt a more enduring ideal will
+arise, based on a sure foundation of perfect understanding.
+
+NOTES:
+
+[415] See an excellent article on "The American Woman" by Miss Ida M.
+Tarbell, in the _American Magazine_ for April, 1910.
+
+[416] In 1893. "Be it resolved by the Second Legislature of the State of
+Wyoming:
+
+"That the possession and exercise of suffrage by the women of Wyoming
+for the past quarter of a century has wrought no harm and has done great
+good in many ways; that it has largely aided in banishing crime,
+pauperism, and vice from this State, and that without any violent and
+oppressive legislation," etc.
+
+[417] Women in Colorado have been of greatest service in establishing
+the following laws:
+
+1--Establishing a State Home for dependent children, three of the five
+members of the board to be women.
+
+2--Requiring that at least three of the six members of the county
+visitors shall be women.
+
+3--Making mothers joint guardians of their children with the fathers.
+
+4--Raising the age of protection for girls to 18 years.
+
+5--Establishing a State Industrial School for girls. There had long been
+one for boys, but the women could not get one for girls until they had
+the vote.
+
+6--Removing the emblems from the Australian ballots. This is a little,
+indirect step toward educational qualifications for voting.
+
+7--Establishing the indeterminate sentence for prisoners.
+
+8--Requiring one physician on the board of the Insane Asylum to be a
+woman.
+
+9--Establishing truant schools.
+
+10--Making better provision for the care of the feeble-minded.
+
+11--For tree preservation.
+
+12--For the inspection of private eleemosynary institutions by the State
+Board of Charities.
+
+13--Various steps toward prevention of cruelty to animals.
+
+14--Providing that foreign life and accident insurance companies, when
+sued, must pay the costs.
+
+15--Establishing a juvenile court.
+
+16--Making education compulsory for all children between the ages of 8
+and 16, except those who are ill or those who are 14 and have completed
+the eighth grade, or those whose parents need their help and support.
+
+17--Making the mother and father joint heirs of a deceased child.
+
+18--Providing for union high schools.
+
+19--Establishing a State travelling library commission.
+
+20--Providing that any person employing a child under 14 in any mine,
+mill, or factory be punished by imprisonment in addition to a fine.
+
+21--Requiring the joint signature of the husband and wife to a mortgage
+of a homestead.
+
+22--Forbidding the insuring of the lives of children under 10.
+
+23--Forbidding children of 16 or under to work more than six hours a day
+in any mill, factory, or other occupation that may be unhealthful.
+
+24--Making it a criminal offence to contribute to the delinquency of
+children--the parental responsibility act.
+
+25--Making it a misdemeanour to fail to support aged or infirm parents.
+
+26--Providing that no woman shall work more than eight hours a day at
+work requiring her to be on her feet.
+
+27--Restricting the time for shooting doves.
+
+28--Abolishing the binding out of girls committed to the Industrial
+School until the age of 21.
+
+29--A pure food law in harmony with the national law.
+
+[418] In the _Boston Herald_ for June 4, 1910.
+
+[419] Quoted in the _New York Times_ of Jan. 9, 1910.
+
+[420] See, for example, Lyman Abbott in the _Outlook_ for Feb. 19, 1910.
+
+[421] _American Magazine_, July, 1909.
+
+[422] _History of European Morals_, vol. ii, pp. 379 and following. New
+York, D. Appleton & Co., 1869.
+
+[423] Note, for example, that in Maryland a man can get a divorce if his
+wife has had sexual intercourse before marriage; _but a wife cannot get
+a divorce from her husband if he has been guilty of the same thing_. In
+Texas, adultery on the part of the wife entitles the husband to a
+divorce; but the wife can obtain divorce from her husband only if he has
+_abandoned_ her and _lived_ in adultery with another woman.
+
+[424] On Jan. 12, 1910, a bill was introduced in the House of
+Representatives to check the "White Slave Traffic" by providing a
+penalty of ten years' imprisonment and a fine of five thousand dollars
+for any one who engages in it.
+
+[425] In some it is even lower; _ten_ in Georgia and Mississippi for
+example.
+
+[426] In _Collier's Weekly_, Feb. 5, 1910.
+
+[427] Note what the officers of the Chicago Juvenile Protective
+Association, many of whom are women, accomplished in 1909-1910. These
+women are fighting the agencies which make for juvenile crime mostly and
+each officer has a specified "beat" to patrol. Last year their work
+amounted to the following:
+
+Complaints of selling liquors to minors investigated      295
+Complaints of selling tobacco to minors investigated       52
+Complaints of selling obscene postcards investigated       49
+Complaints of poolrooms investigated                      203
+Complaints of dance halls investigated                     92
+Five and ten cent theatres visited                      1,013
+Penny arcades visited                                      67
+Saloons visited                                           735
+Relief visits                                             174
+Cases referred to relief organisations                    374
+Legal aid cases referred                                  105
+Referred to Visiting Nurses' Association                    7
+Housing cases referred                                     51
+Applications for work referred                            264
+Placed in hospitals                                       103
+Sent to dispensaries                                      192
+Children placed in homes                                  240
+Slot machines removed                                     223
+Work found for men                                         57
+Work found for women                                       81
+Work found for boys                                        84
+Work found for girls                                       90
+Visits to ice-cream parlors                               356
+Visits to candy stores                                    805
+
+VISITS TO COURTS
+
+Juvenile                                                  451
+Municipal                                               1,809
+Criminal                                                  211
+County                                                     86
+Grand Jury                                                 26
+Conferences with state or city officials                1,244
+
+PROSECUTIONS
+
+Cases of abandonment                                     99
+Assault and battery                                       8
+Contributing to delinquency and dependency of children  232
+Crimes against children                                  12
+Disorderly conduct                                      141
+Immoral dancing                                           4
+Intoxicating liquors                                     33
+Juvenile Court cases                                     78
+Larceny                                                   4
+Tobacco                                                  10
+Sale of cocaine                                           4
+Other cases                                             110
+Total prosecutions                                      738
+
+RESULTS
+Convictions                                             311
+Settled out of court                                    100
+Nolle pros, or nonsuit                                   52
+Dismissed                                                93
+Acquittals                                               50
+Pending                                                  92
+                                                      -----
+Total complaints received                             5,047
+
+
+
+CHAPTER X
+
+FURTHER CONSIDERATIONS
+
+
+In the four years intervening since this book was first written, the
+progress of equal rights for women has been so rapid that the summary on
+pages 175-235 is now largely obsolete; but it is useful for comparison.
+In the United States at present (August, 1914), Wyoming, Colorado, Utah,
+Idaho, Washington, California, Oregon, Kansas, Arizona, and Alaska have
+granted full suffrage to women. In the following States the voters will
+pass upon the question in the autumn of 1914: Montana, Nevada, North
+Dakota, South Dakota, Missouri, Nebraska, and Ohio, the last three by
+initiative petition. In New Jersey, Pennsylvania, Iowa, New York, and
+Massachusetts a constitutional amendment for equal suffrage has passed
+one legislature and must pass another before being submitted to the
+people. The advance has been world-wide. Thus, in 1910 the Gaekwar of
+Baroda in India allowed the women of his dominions a vote in municipal
+elections, and Bosnia bestowed the parliamentary suffrage on women who
+owned a certain amount of real estate; Norway in 1913 and Iceland in
+1914 were won to full suffrage. The following table presents a
+convenient historical summary of the progress in political rights:
+
+On July 2, 1776, two days before the Declaration of Independence was
+signed, New Jersey, in her first State constitution, en-franchised the
+women by changing the words of her provincial charter from "Male
+freeholders worth £50" to "_all inhabitants_ worth £50," and for 31
+years the women of that State voted.
+
+GAINS IN EQUAL SUFFRAGE
+
+Eighty years ago women could not vote anywhere, except to a very limited
+extent in Sweden and in a few other places in the Old World.
+
+TIME    PLACE           KIND OF SUFFRAGE
+
+1838    Kentucky        School suffrage to widows with children
+                           of school age.
+1850    Ontario         School suffrage, women married and
+                           single.
+1861    Kansas          School suffrage.
+1867    New South Wales Municipal suffrage.
+1869    England         Municipal suffrage, single women and
+                           widows.
+        Victoria        Municipal suffrage, married and single
+                           women.
+        Wyoming         Full suffrage.
+1871    West Australia  Municipal suffrage.
+1875    Michigan        School suffrage.
+        Minnesota       Do.
+1876    Colorado        Do.
+1877    New Zealand     Do.
+1878    New Hampshire   Do.
+        Oregon          Do.
+1879    Massachusetts   Do.
+1880    New York        Do.
+        Vermont         Do.
+        South Australia Municipal suffrage.
+1881    Scotland        Municipal suffrage to the single women
+                           and widows.
+        Isle of Man     Parliamentary suffrage.
+1883    Nebraska        School suffrage.
+1884    Ontario         Municipal suffrage.
+        Tasmania        Do.
+1886    New Zealand     Do.
+        New Brunswick   Do.
+1887    Kansas          Do.
+        Nova Scotia     Do.
+        Manitoba        Do.
+        North Dakota    School suffrage.
+        South Dakota    Do.
+
+
+TIME  PLACE                 KIND OF SUFFRAGE
+
+1887  Montana . . . . . . . School suffrage
+      Arizona . . . . . . .   Do.
+      New Jersey  . . . . .   Do.
+      Montana . . . . . . . Tax-paying suffrage.
+1888  England . . . . . . . County suffrage.
+      British Columbia. . . Municipal Suffrage.
+      Northwest Territory .   Do.
+1889  Scotland. . . . . . . County suffrage.
+      Province of Quebec. . Municipal suffrage, single women and
+                              widows.
+1891  Illinois. . . . . . . School suffrage.
+1893  Connecticut . . . . .   Do.
+      Colorado. . . . . . . Full suffrage.
+      New Zealand . . . . .   Do.
+1894  Ohio. . . . . . . . . School suffrage.
+      Iowa. . . . . . . . . Bond suffrage.
+      England . . . . . . . Parish and district suffrage, married and
+                              single women.
+1895  South Australia . . .  Full State suffrage.
+1896  Utah. . . . . . . . .  Full suffrage.
+      Idaho . . . . . . . .    Do.
+1898  Ireland . . . . . . .  All offices except members of Parliament.
+      Minnesota . . . . . .  Library trustees.
+      Delaware. . . . . . .  School suffrage to tax-paying women.
+      France. . . . . . . .  Women engaged in commerce can vote
+                               for judges of the tribunal of commerce.
+      Louisiana . . . . . .  Tax-paying suffrage.
+1900  Wisconsin . . . . . .  School suffrage.
+      West Australia. . . .  Full State suffrage.
+1901  New York. . . . . . .  Tax-paying suffrage; local taxation in
+                               all towns and villages of the State.
+      Norway. . . . . . . .  Municipal suffrage.
+1902  Australia . . . . . .  Full suffrage.
+      New South Wales . . .  Full State suffrage.
+1903  Kansas. . . . . . . .  Bond suffrage.
+      Tasmania. . . . . . .  Full State suffrage.
+1905  Queensland. . . . . .    Do.
+1906  Finland . . . . . . .  Full suffrage; eligible for all offices.
+1907  Norway. . . . . . . .  Full parliamentary suffrage to the 300,000
+                               women who already had municipal
+                               suffrage.
+      Sweden. . . . . . . .  Eligible to municipal offices.
+      Denmark . . . . . . .  Can vote for members of boards of public
+                               charities and serve on such boards.
+      England . . . . . . .  Eligible as mayors, aldermen, and county
+                               and town councilors.
+      Oklahoma. . . . . . .  New State continued school suffrage for
+                               women.
+1908  Michigan. . . . . . .  Taxpayers to vote on question of local
+                               taxation and granting of franchises.
+      Denmark . . . . . . .  Women who are taxpayers or wives of
+                               taxpayers vote for all offices except
+                               members of Parliament.
+      Victoria. . . . . . .  Full State suffrage.
+1909  Belgium . . . . . . .  Can vote for members of the conseils
+                               des prudhommes, and also eligible.
+      Province of Voralberg  Single women and widows paying taxes
+        (Austrian Tyrol)       were given a vote.
+      Ginter Park, VA . . .  Tax-paying women, a vote on all
+                               municipal questions.
+1910  Washington. . . . . .  Full suffrage.
+      New Mexico. . . . . .  School suffrage.
+
+
+TIME  PLACE                 KIND OF SUFFRAGE
+
+1910  Norway. . . . . . . . Municipal suffrage made universal.
+                              Three-fifths of the women had it
+                              before.
+      Bosnia. . . . . . . . Parliamentary vote to women owning a
+                              certain amount of real estate.
+      Diet of the Crown . . Suffrage to the women of its capital city
+        Prince of Krain       Laibach.
+        (Austria)
+      India (Gaekwar of . . Women in his dominions vote in municipal
+        Baroda)               elections.
+      Wurttemberg . . . . . Women engaged in agriculture vote for
+        Kingdom of            members of the chamber of agriculture;
+                              also eligible.
+      New York. . . . . . . Women in all towns, villages and
+                              third-class cities vote on bonding
+                              propositions.
+1911  California. . . . . . Full suffrage.
+      Honduras. . . . . . . Municipal suffrage in capital city, Belize.
+      Iceland . . . . . . . Parliamentary suffrage for women over
+                              25 years.
+1912  Oregon. . . . . . . . Full suffrage.
+      Arizona . . . . . . .  Do.
+      Kansas. . . . . . . .  Do.
+1913  Alaska. . . . . . . .  Do.
+      Norway. . . . . . . .  Do.
+      Illinois. . . . . . . Suffrage for statutory officials
+                              (including presidential electors and
+                              municipal officers).
+1914  Iceland . . . . . . . Full suffrage.
+
+In the United States the struggle for the franchise has entered national
+politics, a sure sign of its widening scope. The demand for equal
+suffrage was embodied in the platform of the Progressive Party in
+August, 1912. This marks an advance over Col. Roosevelt's earlier view,
+expressed in the _Outlook_ of February 3, 1912, when he said: "I believe
+in woman's suffrage wherever the women want it. Where they do not want
+it, the suffrage should not be forced upon them." When the new
+administration assumed office in March, 1913, the friends of suffrage
+worked to secure a constitutional amendment which should make votes for
+women universal in the United States. The inauguration ceremonies were
+marred by an attack of hoodlums on the suffrage contingent of the
+parade. Mr. Hobson in the House denounced the outrage and mentioned the
+case of a young lady, the daughter of one of his friends, who was
+insulted by a ruffian who climbed upon the float where she was. Mr.
+Mann, the Republican minority leader, remarked in reply that her
+daughter ought to have been at home. Commenting on this dialogue,
+_Collier's Weekly_ of April 5, 1913, recalled the boast inscribed by
+Rameses III of Egypt on his monuments, twelve hundred years before
+Christ: "To unprotected women there is freedom to wander through the
+whole country wheresoever they list without apprehending danger." If one
+works this out chronologically, said the editor, Mr. Mann belongs
+somewhere back in the Stone Age. In the Senate an active committee on
+woman suffrage was formed under the chairmanship of Mr. Thomas, of
+Colorado. The vote on the proposed new amendment was taken in the Senate
+on March 19, 1914, and it was rejected,[428] 35 to 34, two-thirds being
+necessary before the measure could be submitted to the States for
+ratification. In the House Mr. Underwood, Democratic minority leader,
+took the stand that suffrage was purely a State issue. Mr. Heflin of
+Alabama was particularly vigorous in denunciation of votes for women. He
+said[429]:
+
+"I do not believe that there is a red-blooded man in the world who in
+his heart really believes in woman suffrage. I think that every man who
+favours it ought to be made to wear a dress. Talk about taxation without
+representation! Do you say that the young man who is of age does not
+represent his mother? Do you say that the young man who pledges at the
+altar to love, cherish, and protect his wife, does not represent her and
+his children when he votes? When the Christ of God came into this world
+to die for the sins of humanity, did he not die for all, males and
+females? What sort of foolish stuff are you trying to inject into this
+tariff debate?... There are trusts and monopolies of every kind, and
+these little feminine fellows are crawling around here talking about
+woman suffrage. I have seen them here in this Capitol. The suffragette
+and a little henpecked fellow crawling along beside her; that is her
+husband. She is a suffragette, and he is a mortal suffering yet."
+
+Mr. Falconer of Washington rose in reply. He remarked:[430]
+
+"I want to observe that the mental operation of the average woman in the
+State of Washington, as compared to the ossified brain operation of the
+gentleman from Alabama, would make him look like a mangy kitten in a
+tiger fight. The average woman in the State of Washington knows more
+about social economics and political economy in one minute than the
+gentleman from Alabama has demonstrated to the members of this House
+that he knows in five minutes."
+
+On February 2, 1914, a delegation of women called upon President Wilson
+to ascertain his views. The President refused to commit himself. He was
+not at liberty, he said, to urge upon Congress policies which had not
+the endorsement of his party's platform; and as the representative of
+his party he was under obligations not to promulgate or intimate his
+individual convictions. On February 3, 1914, the Democrats of the House
+in caucus, pursuant to a resolution of Mr. Heflin, refused to create a
+woman suffrage committee. So the constitutional amendment was quite
+lost. In the following July Mr. Bryan suddenly issued a strong appeal
+for equal suffrage in the _Commoner_. Among his arguments were these:
+
+"As man and woman are co-tenants of the earth and must work out their
+destiny together, the presumption is on the side of equality of
+treatment in all that pertains to their joint life and its
+opportunities. The burden of proof is on those who claim for one an
+advantage over the other in determining the conditions under which both
+shall live. This claim has not been established in the matter of
+suffrage. On the contrary, the objections raised to woman suffrage
+appear to me to be invalid, while the arguments advanced in support of
+the proposition are, in my judgment, convincing."
+
+"Without minimising other arguments advanced in support of the extending
+of suffrage to woman, I place the emphasis upon the mother's right to a
+voice in molding the environment which shall surround her children--an
+environment which operates powerfully in determining whether her
+offspring will crown her latter years with joy or 'bring down her gray
+hairs in sorrow to the grave.'
+
+"For a time I was imprest by the suggestion that the question should be
+left to the women to decide--a majority to determine whether the
+franchise should be extended to woman; but I find myself less and less
+disposed to indorse this test.... Why should any mother be denied the
+use of the franchise to safeguard the welfare of her child merely
+because another mother may not view her duty in the same light?"
+
+The change in the status of women has been significant not only in the
+political field, but also in every other direction. A brief survey of
+the legislation of various States in the past year, 1913, reveals the
+manifold measures already adopted for the further protection of women
+and indicates the trend of laws in the near future. Acts were passed in
+Arkansas, Kansas, Missouri, New Mexico, and Ohio to punish the seduction
+of girls and women for commercialised vice, the laws being known as
+"White Slave Acts"; laws for the abatement of disorderly houses were
+passed in California, Minnesota, Oregon, Pennsylvania, and Washington;
+Oregon decreed that male applicants for a marriage license must produce
+a physician's certificate showing freedom from certain diseases; and it
+authorised the sterilisation of habitual criminals and degenerates. The
+necessity of inculcating chastity in the newer generation, whether
+through the teaching of sex hygiene in the schools or in some other
+form, was widely discussed throughout the country. Mothers' pensions
+were granted by fourteen States; minimum wage boards were established by
+three; and three passed laws for the punishment of family desertion, in
+such wise that the family of the offender should receive a certain daily
+sum from the State while he worked off his sentence. Tennessee removed
+the disability of married women arising from coverture. Ten States
+further limited the hours of labour for women in certain industries, the
+tendency being to fix the limit at fifty-four or fifty-eight hours a
+week with a maximum of nine or ten in any one day. The hours of labour
+of children and the age at which they are allowed to work were largely
+restricted. A National Children's Bureau, under the charge of Miss Julia
+Lathrope, has been created at Washington; and Mrs. J. Borden Harriman
+was appointed to the Industrial Relations Commission. The minuteness and
+thoroughness of modern legislation for the protection of women may be
+realised by noting that in 1913 alone New York passed laws that no girl
+under sixteen shall in any city of the first, second, or third class
+sell newspapers or magazines or shine shoes in any street or public
+place; that separate wash rooms and dressing rooms must be provided in
+factories where more than ten women are employed; that whenever an
+employer requires a physical examination, the employee, if a female, can
+demand a physician of her own sex; that the manufacture or repair for a
+factory of any article of food, dolls' clothing, and children's apparel
+in a tenement house be prohibited except by special permit of the Labor
+Commission; that the State Industrial Board be authorised to make
+special rules and regulations for dangerous employments; and that the
+employment of women in canning establishments be strictly limited
+according to prescribed hours.
+
+The unmistakable trend of legislation in the United States is towards
+complete equality of the sexes in all moral, social, industrial,
+professional, and political activities.
+
+In England the House of Commons rejected parliamentary suffrage for
+women. Incensed at the repeated chicanery of politicians who
+alternately made and evaded their promises, a group of suffragettes
+known as the "militants" resorted to open violence. When arrested for
+damaging property, they went on a "hunger strike," refusing all
+nourishment. This greatly embarrassed the government, which in 1913
+devised the so-called "Cat and Mouse Act," whereby those who are in
+desperate straits through their refusal to eat are released temporarily
+and conditionally, but can be rearrested summarily for failure to comply
+with the terms of their parole. The weakness in the attitude of the
+militant suffragettes is their senseless destruction of all kinds of
+property and the constant danger to which they subject innocent people
+by their outrages. If they would confine themselves to making life
+unpleasant for those who have so often broken their pledges, they could
+stand on surer ground. The English are commonly regarded as an orderly
+people, especially by themselves. Nevertheless, it is true that hardly
+any great reform has been achieved in England without violence. The men
+of England did not secure the abolition of the "rotten-borough" system
+and extensive manhood suffrage until, in 1831, they smashed the windows
+of the Duke of Wellington's house, burned the castle of the Duke of
+Newcastle, and destroyed the Bishop's palace at Bristol. In 1839 at
+Newport twenty chartists were shot in an attempt to seize the town; they
+were attempting to secure reforms like the abolition of property
+qualifications for members of Parliament. The English obtained the
+permanent tenure of their "immemorial rights" only by beheading one king
+and banishing another. In our own country, the Boston Tea Party was a
+typical "militant outrage," generally regarded as a fine piece of
+patriotism. If the tradition of England is such that violence must be a
+preliminary to all final persuasion, perhaps censure of the militants
+can find some mitigation in that fact. Some things move very slowly in
+England. In 1909 a commission was appointed to consider reform in
+divorce. Under the English law a husband can secure a divorce for
+infidelity, but a woman must, in addition to adultery, prove aggravated
+cruelty. This is humorously called "British fair play." In November,
+1912, the majority of the commission recommended that this inequality be
+removed and that the sexes be placed on an equal footing; and that in
+addition to infidelity, now the only cause for divorce allowed, complete
+separation be also granted for desertion for three years, incurable
+insanity, and incurable habitual drunkenness. The majority, nine
+commissioners, found that the present stringent restrictions and
+costliness of divorce are productive of immorality and illicit
+relations, particularly among the poorer classes. The majority report
+was opposed by the three minority members, the Archbishop of York, Sir
+William Anson, and Sir Lewis Dibdin, representing the Established
+Church of England and the Roman Catholic Church. Thus far, Parliament
+has not yet acted and the old law is still in force.
+
+On the Continent, with the exception of a few places like Finland, the
+movement for equal suffrage, while earnestly pressed by a few, is not
+yet concentrated. Women have won their rights to higher education and
+are admitted to the universities. They can usually enter business and
+most of the professions. Inequities of civil rights are gradually being
+swept away. For example, in Germany a married woman has complete control
+of her property, but only if she specifically provided for it in the
+marriage contract; many German women are ignorant that they possess such
+a right. The Germans may be divided into two classes: the caste which
+rules, largely Prussian, militaristic, and bureaucratic; and that which,
+although desirous of more republican institutions and potentially
+capable of liberal views, is constrained to obey the first or ruling
+class. This upper class is not friendly to the modern women's-rights
+movement. Perhaps it has read too much Schopenhauer. This amiable
+philosopher, whose own mother could not endure living with him, has this
+to say of women[431]:
+
+"A woman who is perfectly truthful and does not dissemble, is perhaps an
+impossibility. In a court of justice women are more often found guilty
+of perjury than men.... Women are directly adapted to act as the nurses
+and educators of our early childhood, for the simple reason that they
+themselves are childish, foolish, and shortsighted.... Women are and
+remain, taken altogether, the most thorough and incurable Philistines;
+and because of the extremely absurd arrangement which allows them to
+share the position and title of their husbands they are a constant
+stimulus to his ignoble ambitions.... Where are there any real
+monogamists? We all live, at any rate for a time, and the majority of us
+always, in polygamy.... It is men who make the money, and not women;
+therefore women are neither justified in having unconditional possession
+of it nor capable of administering it.... That woman is by nature
+intended to obey, is shown by the fact that every woman who is placed in
+the unnatural position of absolute independence at once attaches herself
+to some kind of man, by whom she is controlled and governed; that is
+because she requires a master. If she is young, the man is a lover; if
+she is old, a priest."
+
+Essentially the opinion of Schopenhauer is that of the Prussian ruling
+class to-day. It is indisputable that in Germany, as elsewhere on the
+Continent, chastity in men outside of marriage is not expected, nor is
+the wife allowed to inquire into her husband's past. The bureaucratic
+German expects his wife to attend to his domestic comforts; he does not
+consult her in politics. The natural result when the masculine element
+has not counterchecks is bullying and coarseness. To find the
+coarseness, the reader can consult the stories in papers like the
+_Berliner Tageblatt_ and much of the current drama; to observe the
+bullying, he will have to see it for himself, if he doubts it. This is
+not an indictment of the whole German people; it is an indictment of the
+militaristic-bureaucratic ruling class, which, persuaded of its divine
+inspiration and intolerant of criticism,[432] has plunged the country
+into a devastating war. It is not unlikely that the end of the conflict
+will mark also the overthrow of the Hohenzollern dynasty. The spirit of
+the Germans of 1848, who labored unsuccessfully to make their country a
+republic, may awake again and realise its dreams. In concluding this
+chapter, I wish to enlarge somewhat upon the philosophy of suffrage as
+exhibited in the preceding chapter. The "woman's sphere" argument is
+still being worked overtime by anti-suffrage societies, whose members
+rather inconsistently leave their "sphere," the home, to harangue in
+public and buttonhole legislators to vote against the franchise for
+women. "A woman's place," says the sage Hennessy, "is in th' home,
+darning her husband's childher. I mean----" "I know what ye mean," says
+Mr. Dooley. "'Tis a favrite argument iv mine whin I can't think iv
+annything to say." A century ago, the home was the woman's sphere.
+To-day the man has deliberately dragged her out of it to work for him in
+factory and store because he can secure her labor more cheaply than that
+of men and is, besides, safer in abusing her when she has no direct
+voice in legislation. Are the manufacturers willing to send their
+1,300,000 female employees back to their "sphere"? If they are not, but
+desire their labor, they ought in fairness to allow them the privileges
+of workmen--that is, of citizens, participating actively in the
+political, social, and economic development of the country.
+
+As women enter more largely into every profession and business, certain
+results will inevitably follow. We shall see first of all what pursuits
+are particularly adapted to them and which ones are not. It has already
+become apparent that as telephone and typewriter operators women, as a
+class, are better fitted than men. They have, in general, greater
+patience for details and quickness of perception in these fields.
+Similarly, in architecture some have already achieved conspicuous
+success. One who has observed the insufficient closet space in modern
+apartments and kitchenettes with the icebox in front of the stove, is
+inclined to wish that male architects would consult their mothers or
+wives more freely. In law and medicine results are not yet clear. We
+shall presently possess more extensive data in all fields for surer
+conclusions.
+
+A second result may be, that many women, instead of leaving the home,
+will be forced back into it. This movement will be accelerated if the
+granting of equal pay for equal work and a universal application of the
+minimum wage take place. There are a great number of positions,
+especially those where personality is not a vital factor, where
+employers will prefer women when they can pay them less; but if they
+must give equal pay, they will choose men. Hence the tendency of the
+movements mentioned is to throw certain classes of women back into the
+home. The home of the future, however, will have lost much of the
+drudgery and monotony once associated with it. The ingenious
+labor-saving devices, like the breadmixer, the fireless cooker, the
+vacuum cleaner, and the electric iron, the propagation of scientific
+knowledge in the rearing of children, and wider outlets for outside
+interests, will tend to make domestic life an exact science, a
+profession as important and attractive as any other.
+
+The home is not necessarily every woman's sphere and neither is
+motherhood. Neither is it every woman's congenital duty to make herself
+attractive to men. The "woman's pages" of newspapers, filled with
+gratuitous advice on these subjects, never tell men that their duty is
+fatherhood or that they should make themselves attractive or that their
+sphere is also the home. Until these one-sided points of view are
+adjusted to a more reasonable basis, we shall not reach an
+understanding. They are as unjust as the farmer who ploughs with a steam
+plow and lets his wife cart water from a distant well instead of
+providing convenient plumbing.
+
+Women who are fitted for motherhood and have a talent for it can enter
+it with advantage. There is a talent for motherhood exactly as there is
+for other things. Other women have genius which can be of greatest
+service to the community in other ways. They should have opportunity to
+find their sphere. If this is "Feminism," it is also simple justice. One
+reason that we are at sea in some of the problems of the women's-rights
+movement, is that the history of women has been mainly written by men.
+The question of motherhood, the sexual life of women, and the position
+of women as it has been or is likely to be affected by their sexual
+characteristics, must be more exactly ascertained before definite
+conclusions can be reached. At present there is too much that we don't
+know. We need more scientific investigations of the type of Mr. Havelock
+Ellis's admirable _Studies in the Psychology of Sex_[433] and less of
+pseudo-scientific lucubrations like Otto Weininger's _Sex and
+Character_. When human society has rid itself of the bogies and
+nightmares, superstitions and prejudices, which have borne upon it with
+crushing force, it will be in a better position to construct an ideal
+system of government. Meanwhile experiments are and must be made. Woman
+suffrage is not necessarily a reform; it is a necessary step in
+evolution.
+
+One venerable bogey I wish to dispose of before I close. It is that the
+Roman Empire was ruined and collapsed because the increasing liberty
+given to women and the equality granted the sexes under the Empire
+produced immorality that destroyed the State. The trouble with Rome was
+that it failed to grasp the fundamentals of economic law. Slavery, the
+concentration of land in a few hands, and the theory that all taxation
+has for its end the enriching of a select few, were the fallacies which,
+in the last analysis, caused the collapse of the Roman Empire. The
+luxury, immorality, and race-suicide which are popularly conceived to
+have been the immediate causes of Rome's decline and fall, were in
+reality the logical results, the inevitable attendant phenomena of a
+political system based on a false hypothesis. For when wealth was
+concentrated in a few hands, when there was no all-embracing popular
+education, all incentives to thrift, to private initiative, and hence to
+the development of the sturdy moral qualities which thrift and
+initiative cause and are the product of, were stifled. A nation can
+reach its maximum power only when, through the harmonious cooperation
+of all its parts, the initiative and talents of every individual have
+free scope, untrammeled by special privilege, to reach that sphere for
+which nature has designed him or her.
+
+NOTE: The official organ of the National American Woman Suffrage
+Association is _The Woman's Journal_, published weekly. The headquarters
+are at 505 Fifth Avenue, New York City.
+
+England has two organisations which differ in methods. The National
+Union of Women's Suffrage Societies has adopted the constitutional or
+peaceful policy; it publishes _The Common Cause_, a weekly, at 2 Robert
+Street, Adelphi, W.C., London. The "militant" branch of suffragettes
+forms the National Women's Social and Political Union, and its weekly
+paper is _Votes for Women_, Lincoln's Inn House, Kingsway, W.C.
+
+The International Woman Suffrage Alliance issues the _Jus Suffragii_
+monthly at 62 Kruiskade, Rotterdam.
+
+A good source from which to obtain the present status of women in Europe
+is the _Englishwoman's Year Book and Directory for 1914_, published by
+Adam and Charles Black.
+
+NOTES:
+
+[428] Twenty-six senators did not vote. The question of negro suffrage
+complicated the matter with Southern senators. Mr. Williams of
+Mississippi wished to limit the franchise to "white citizens"; but his
+amendment was voted down. The list of senators voting for and against
+the woman suffrage amendment appears on page 5472 of the Congressional
+Record, March 19, 1914. The debate is contained in pages 5454-5472.
+Senator Tillman of South Carolina inserted a vicious attack on northern
+women by the late Albert Bledsoe, who advised them to "cut their hair
+short, and their petticoats, too, and enter a la bloomer the ring of
+political prizefighters." Bledsoe's article will be found in the Record,
+July 28, 1913, 3115-3119.
+
+[429] Record, May 6, 1913, 1221-1222.
+
+[430] Record, May 6, 1913, 1222.
+
+[431] Essays of Schopenhauer. Translated by Mrs. Rudolf Dircks Pages
+64-79.
+
+[432] Any criticism of the Kaiser leads to arrest. The most vigorous
+checks to Bourbon rule come from the Socialists, who in 1912 polled
+4,250,300 votes. But as the Kaiser, as King of Prussia, controls a
+majority of votes in the Bundesrath, or Federal Council, can dissolve
+the Reichstag, or House of Representatives, at any time with the consent
+of the Bundesrath, has sole power to appoint the chancellor, and is lord
+supreme of the army and navy, anything like real popular government is
+far off.
+
+[433] Philadelphia, 1906. The F.A. Davis Company.
+
+
+
+
+INDEX
+
+A
+
+Adultery, under Roman Law,
+  laws modified by Justinian,
+  among Germanic peoples,
+  see also under various States.
+
+Age of Consent, under English Law,
+  in the United States,
+  see also under various States.
+
+Alabama,
+
+Apostles, teachings about women,
+
+Arizona,
+
+Arkansas,
+
+Attainder, bills of, in Roman Empire,
+  laws of Arcadius, Honorius, and Constantine,
+  of Pope Innocent III.
+
+
+B
+
+Breach of Promise, under Roman Law,
+  modification by Constantine,
+  by Justinian,
+
+Business, woman in, under Roman Empire,
+  in England,
+  in the United States
+  see also under each State
+
+
+C
+
+California,
+
+Chastisement, right of husband to chastise wife under English Law,
+
+Christ, teachings about women,
+
+Colorado,
+
+Connecticut,
+
+Consent of women to marriage, under Roman Law,
+  opinions of Church Fathers,
+  enactments of Christian Emperors,
+
+Crimes against women, under Roman Law,
+  among Germanic peoples,
+  under English Law,
+
+Curtesy, defined,
+  under English Law,
+  see also under various States.
+
+Custom, power of,
+
+
+D
+
+Delaware,
+
+Discrepancy in wages paid to women,
+
+District of Columbia,
+
+Divorce, under Roman Law;
+  modified by Theodosius and Valentinian;
+  by Justinian;
+  by Justin;
+  among Germanic peoples;
+  under Canon Law;
+  under English Law;
+  general considerations;
+  see also under various States.
+Double standard of morality
+Dower, defined;
+  right of, in English Law;
+  see also under different States.
+Dowry, under Roman Law;
+  among ancient Gauls;
+  among Germanic peoples
+
+
+E
+
+Education, rights of women to an,
+  under Roman Empire;
+  in England;
+  in the United States
+
+
+F
+
+Fathers of the Church, their commands concerning women
+Florida
+
+
+G
+
+Georgia
+Gifts between husband and wife, under Roman Law;
+  changes by Justinian
+Guardian, decay of power of, under Roman Law
+Guardians, women as, under Roman Law;
+  laws modified by Justinian;
+  see also under various States.
+Guardianship under Roman Law;
+  among Germanic peoples,
+
+
+H
+
+Husband and wife, under Roman Law;
+  among Germanic peoples;
+  under Canon Law;
+  under English Law;
+  see also under various States
+
+
+I
+
+Idaho
+Illinois;
+  Ritchie case,
+Indian Territory
+Indiana
+Inheritance rights of women, under Roman Law;
+  modified by Justinian;
+  among Germanic peoples;
+  under English Law
+Intellectual inferiority of women, argument discussed
+Iowa
+
+
+J
+
+Jewish ideas about women
+
+K
+
+Kansas
+Kentucky
+
+
+L
+
+Lecky, analysis of character of women
+Louisiana
+
+M
+
+Macaulay on the effects of freedom
+Maine
+Marriage, women in, under Roman Law;
+  opinions of Church Fathers;
+  among ancient Gauls and Germans;
+  among Germanic peoples;
+  under Canon Law;
+  under English Law;
+  modern changes in views of;
+  see also under various States.
+Maryland
+Massachusetts
+Michigan
+Minnesota
+Mississippi
+Missouri
+Montana
+Moral argument against suffrage
+
+
+N
+
+Nebraska
+Nevada
+New Hampshire
+New Jersey
+New Mexico
+New York
+North Carolina
+North Dakota
+
+
+O
+
+Ohio
+Oklahoma
+Old Maid, treatment of, by Christians
+Oregon
+
+
+P
+
+Partiality of Roman Law to women
+Pennsylvania
+Physiological argument against suffrage
+Political or social argument against suffrage
+Power of father, under Roman Law;
+  under early Christians;
+  among Germanic peoples;
+  under English Law
+Professions, women in, in England;
+  in United States, and see under
+  various States;
+  need of opening all, to women
+Property rights of married women, under Roman Law;
+  among Germanic peoples;
+  under English Law;
+  of widows and single women, under Roman Law;
+    among Germanic peoples;
+    under English
+Law,
+  in the United States,
+Protection of property of children under Roman Law,
+
+
+R
+
+Respect for women, among Romans,
+  among ancient Germans,
+Rhode Island,
+Ritchie case in Illinois,
+Roman Catholic Church, attitude to women,
+
+
+S
+
+Second marriages, opinions of Church Fathers concerning,
+  Legislation of Christian Emperors,
+Slaves, women, under Roman Law,
+  among Germanic peoples,
+  under Canon Law,
+South Carolina,
+South Dakota,
+Suffrage, woman, in England,
+  in the United States,
+  see also under various States.
+Suits, women engaging in, under Roman Law,
+
+
+T
+
+Tennessee,
+Texas,
+Theological argument against women's rights,
+Training of women for higher ideals,
+
+
+U
+
+Utah,
+
+
+V
+
+Vermont,
+Vestal Virgins,
+Virginia,
+
+
+W
+
+Washington,
+West Virginia,
+Wisconsin,
+Women: see under _Divorce, Dowry, Marriage, Husband and Wife_, etc.
+Wyoming,
+
+
+
+
+INDEX TO SUPPLEMENTARY CHAPTER
+
+A
+
+Advance of equal suffrage, chronological tables,
+Amendment, constitutional, for suffrage;
+  rejected by Senate;
+  and by House
+
+B
+
+Bryan, favours suffrage
+
+C
+
+Cat and Mouse Act
+
+D
+
+Divorce, proposals for reform defeated in England
+
+E
+
+Europe, general status of women's rights in
+
+F
+
+Falconer, Congressman, reply to Heflin
+Feminism
+
+G
+
+Germany, position of women in
+
+H
+
+Heflin, Congressman, speech on suffrage
+
+J
+
+Journals, official, of various women's organisations
+
+L
+
+Legislation, most recent examples of, for protection of
+  women
+
+M
+
+Mann, Congressman, remarks on suffrage parade
+Militant suffragettes
+
+R
+
+Roman Empire, assumption that its fall was due to liberty allowed women
+Roosevelt, opinion on suffrage
+
+S
+
+Schopenhauer, remarks on nature of women
+Sphere, woman's sphere argument
+
+T
+
+Tendencies and results of women's rights movement
+
+W
+
+Wilson, President, position on suffrage
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of A Short History of Women's Rights
+by Eugene A. Hecker
+
+*** END OF THIS PROJECT GUTENBERG EBOOK A SHORT HISTORY OF WOMEN'S RIGHTS ***
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+Project Gutenberg's A Short History of Women's Rights, by Eugene A. Hecker
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+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
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+
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+Title: A Short History of Women's Rights
+       From the Days of Augustus to the Present Time. With Special Reference
+              to England and the United States. Second Edition Revised, With
+              Additions.
+              
+
+Author: Eugene A. Hecker
+
+Release Date: March 22, 2004 [EBook #11672]
+
+Language: English
+
+Character set encoding: ISO-8859-1
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+*** START OF THIS PROJECT GUTENBERG EBOOK A SHORT HISTORY OF WOMEN'S RIGHTS ***
+
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+</pre>
+
+<h1>A Short History of</h1>
+<h1>Women's Rights</h1>
+<br>
+<br>
+<h2>From the Days of Augustus to the Present
+Time. <br>
+</h2>
+<h2>With Special Reference to
+England and the United States</h2>
+<h3>By</h3>
+<h1>Eugene A. Hecker</h1>
+<br>
+<br>
+<p style="text-align: center; font-weight: bold;"><i>SECOND EDITION
+REVISED, WITH ADDITIONS</i></p>
+<hr style="width: 65%;">
+<h3>To</h3>
+<h3>MY MOTHER</h3>
+<hr style="width: 65%;">
+<a name="PREFACE2"></a>
+<h2>PREFACE TO THE SECOND EDITION</h2>
+<br>
+<p>In this edition a chapter has been added, bringing
+down to date the record of the contest for
+equal suffrage. The summary on pages 175-235
+is now largely obsolete; but it has been retained
+as instructive evidence of the rapid progress made
+during the last four years.</p>
+<p>E.A.H.</p>
+<p>CAMBRIDGE, MASS.
+<i>August, 1914</i>.</p>
+<hr style="width: 65%;">
+<a name="PREFACE"></a>
+<h2>PREFACE</h2>
+<br>
+<p>While making some researches in the evolution
+of women's rights, I was impressed
+by the fact that no one had ever, as far as I could
+discover, attempted to give a succinct account of
+the matter for English-speaking nations. Indeed,
+I do not believe that any writer in any country
+has essayed such a task except Laboulaye; and
+his <i>Recherches sur la Condition Civile et Politique
+des Femmes</i>, published in 1843, leaves much to
+be desired to one who is interested in the subject
+to-day.</p>
+<p>I have, therefore, made an effort to fill a lack.
+This purpose has been strengthened as I have
+reflected on the great amount of confused information
+which is absorbed by those who have no
+time to make investigations for themselves.
+Accordingly, in order to present an accurate historical
+review, I have cited my authorities for
+all statements regarding which any question could
+be raised. This is particularly so in the chapters
+which deal with the condition of women under
+Roman Law, under the early Christian Church,
+and under Canon Law. In all these instances I
+have gone directly to primary sources, have
+investigated them myself, and have admitted
+no secondhand evidence. In connection with
+Women's rights in England and in the United
+States I have either consulted the statutes or
+studied the commentaries of jurists, like Messrs.
+Pollock and Maitland, whose authority cannot
+be doubted. To such I have given the exact
+references whenever they have been used. In
+preparing the chapter on the progress of women's
+lights in the United States I derived great
+assistance from the very exhaustive <i>History of
+Woman Suffrage</i>, edited by Miss Susan B.
+Anthony, Mrs. Ida H. Harper, and others to
+whose unselfish labours we are for ever indebted.
+From their volumes I have drawn freely; but I
+have not given each specific reference.</p>
+<p>The tabulation of the laws of the several States
+which I have given naturally cannot be entirely
+adequate, because the laws are being changed
+constantly. It is often difficult to procure the
+latest revised statutes. However, these laws are
+recent enough to illustrate the evolution of women's
+rights.</p>
+<p>Finally, this volume was written in no hope that
+all readers would agree with the author, who is
+zealous in his cause. His purpose will be gained
+if he induces the reader to reflect for himself on
+the problem in the light of its historical development.</p>
+<p>E.A.H.</p>
+<p>CAMBRIDGE, MASS., 1910.</p>
+<hr style="width: 65%;">
+<br>
+<h2>CONTENTS</h2>
+<br>
+<p><a href="#CHAPTER_I">CHAPTER I</a></p>
+<p>WOMEN'S RIGHTS UNDER ROMAN LAW, 27 B.C.-527 A.D.</p>
+<p>Originally women were always under guardianship&#8212;But
+under the Empire the entire equality of the sexes was
+recognised&#8212;Women in marriage&#8212;Their power over
+their property&#8212;Divorce&#8212;Women engaged in all business
+pursuits&#8212;Instances of women suing and pleading
+in law&#8212;Partiality of the law towards women&#8212;Rights
+of inheritance&#8212;Rights to higher education fully allowed&#8212;Provision made
+for poor children to be educated&#8212;The
+Vestals&#8212;Female slaves&#8212;Remarkable growth of
+humanitarianism towards slaves under the Empire&#8212;Sources</p>
+<br>
+<p><a href="#CHAPTER_II">CHAPTER II</a></p>
+<p>WOMEN AND THE EARLY CHRISTIAN CHURCH</p>
+<p>Christ laid down ethical principles but not minute regulations&#8212;The
+Apostles affected by Jewish and Oriental or
+Greek conceptions of women&#8212;Examples of these&#8212;St.
+Paul and St. Peter on the position of women&#8212;The
+Church Fathers elaborated these teachings&#8212;Examples
+of their contempt for women&#8212;Mingled with admiration
+for particular types of women&#8212;Their views of
+marriage&#8212;Their strictures on unbecoming dress&#8212;Summary
+of their views and how the status of women
+was affected by them&#8212;Sources</p>
+<br>
+
+<p><a href="#CHAPTER_III">CHAPTER III</a></p>
+<p>RIGHTS OF WOMEN AS MODIFIED BY THE CHRISTIAN
+EMPERORS</p>
+<p>Old Roman Law not abrogated suddenly&#8212;Divorce&#8212;Adultery&#8212;Second
+marriages&#8212;Engagements&#8212;Donations
+between husband and wife&#8212;Sundry enactments on
+marriage&#8212;Inheritance&#8212;Guardianship&#8212;Bills of Attainder
+of Christian Emperors merciless, in contrast to
+acts of pagan predecessors&#8212;Sources</p>
+<br>
+<p><a href="#CHAPTER_IV">CHAPTER IV</a></p>
+<p>WOMEN AMONG THE GERMANIC PEOPLES</p>
+<p>A second world force to modify the status of women&#8212;Accounts
+of Caesar and Tacitus on position of women
+among Germanic peoples&#8212;The written laws of the
+barbarians&#8212;Guardianship&#8212;Marriage&#8212;Power of the
+husband&#8212;Divorce&#8212;Adultery&#8212;The Church indulgent
+to kings&#8212;Remarriage&#8212;Property rights&#8212;Peculiarities
+of the criminal law&#8212;Minutely-graded fines&#8212;Compurgation
+and ordeals&#8212;Innocence tested by the
+woman walking over red-hot ploughshares&#8212;Women
+in slavery&#8212;Comparison of position of women under
+Roman and under Germanic laws&#8212;Influence of theology&#8212;Sources</p>
+<br>
+<p><a href="#CHAPTER_V">CHAPTER V</a></p>
+<p>DIGRESSION ON THE LATER HISTORY OF ROMAN LAW</p>
+<p>Explanation of the various social and political forces which
+affected the position of women in the Middle Ages</p>
+<br>
+<p><a href="#CHAPTER_VI">CHAPTER VI</a></p>
+<p>THE CANON LAW AND THE ATTITUDE OF THE ROMAN CATHOLIC CHURCH</p>
+<p>Canon law reaffirms the subjection of women&#8212;Women and
+marriage&#8212;Protection to women&#8212;Divorce&#8212;Cardinal
+Gibbons on protection of injured wives by Popes&#8212;Catholic
+Church has no divorce&#8212;But it allows fourteen
+reasons for declaring marriage null and void and leaving
+a husband or wife free to remarry&#8212;Some of these explained&#8212;Diriment
+impediments and dispensations&#8212;Historical
+instances of the Roman Church's inconsistency&#8212;Attitude
+towards women at present day&#8212;Opinions
+of Cardinals Gibbon and Moran, and Rev. David
+Barry and Rev. William Humphrey&#8212;Sources</p>
+<br>
+<p><a href="#CHAPTER_VII">CHAPTER VII</a></p>
+<p>WOMEN'S RIGHTS IN ENGLAND</p>
+<p>Single women have always had private rights&#8212;But males
+preferred in inheritance&#8212;Examples&#8212;Power of parents&#8212;Husband
+and wife&#8212;Wife completely controlled by
+husband&#8212;He could beat her and own all her property&#8212;Recent
+abrogation of the husband's power&#8212;Divorce&#8212;Jeremy
+Taylor and others on duty of women to bear
+husband's sins with meekness&#8212;Injustice of the present
+law of divorce&#8212;Rape and the age of legal consent&#8212;Progress
+of the rights to an education&#8212;Women in the
+professions&#8212;Woman suffrage&#8212;Sources</p>
+<br>
+<p><a href="#CHAPTER_VIII">CHAPTER VIII</a></p>
+<p>WOMEN'S RIGHTS IN THE UNITED STATES</p>
+<p>Examples of the early opposition to women's rights&#8212;Age
+of consent&#8212;Single women&#8212;History of agitation for
+women's rights&#8212;Convention of 1848&#8212;Progress after
+the Civil War&#8212;Beginnings of higher education&#8212;First
+women in medicine&#8212;And in law, the ministry, journalism,
+and industry&#8212;Status of women in all the States
+in 1910&#8212;Sources</p>
+<br>
+<p><a href="#CHAPTER_IX">CHAPTER IX</a></p>
+<p>GENERAL CONSIDERATIONS</p>
+<p>The five arguments commonly used against equal suffrage&#8212;The
+theological&#8212;The physiological&#8212;The social or political&#8212;The
+intellectual&#8212;The moral&#8212;Lecky on the
+nature of women&#8212;The old and the new conception&#8212;Thomas
+on the power of custom&#8212;Taboo&#8212;All evolution
+accompanied by some extravagance&#8212;Macaulay
+on liberty&#8212;The double standard of morality&#8212;Co-operation&#8212;The
+proper sphere for a human being&#8212;Discrepancies
+of wages&#8212;Legal evolution in the interpretation
+of labour laws&#8212;The alarmist view of divorce</p>
+<br>
+<p><a href="#CHAPTER_X">CHAPTER X</a></p>
+<p>FURTHER CONSIDERATIONS</p>
+<p>The rapid spread of suffrage throughout the world&#8212;Table
+of suffrage gains from early times to present date&#8212;In
+national politics in the United States&#8212;Attack on the
+suffrage parade and colloquy between Mr. Hobson
+and Mr. Mann on the subject&#8212;Suffrage amendment
+defeated in the Senate&#8212;Mr. Heflin's remarks in the
+House&#8212;Mr. Falconer replies&#8212;President Wilson refuses
+to take a stand&#8212;Amendment lost&#8212;Mr. Bryan on
+suffrage&#8212;Examples of legislation to protect women
+passed recently&#8212;The tendency is to complete equality
+of the sexes&#8212;Suffrage in England&#8212;A delayed reform in
+divorce&#8212;Women's rights on the Continent&#8212;Especially
+in Germany&#8212;Schopenhauer's views of women&#8212;Further
+remarks on the philosophy of suffrage&#8212;"Woman's
+sphere"&#8212;Ultimate results of women entering
+all businesses and professions&#8212;Feminism&#8212;The
+home is not necessarily every woman's sphere and
+neither is motherhood nor is it her congenital duty to
+make herself attractive to men&#8212;Unreasonableness of
+gratuitous advice to women and none to men&#8212;What
+we don't know&#8212;Fallacy of the argument that the fall
+of the Roman Empire was due to the liberty given to
+woman&#8212;Official organs of various suffrage societies</p>
+<br>
+<p><a href="#INDEX">INDEX</a></p>
+<hr style="width: 65%;">
+<a name="CHAPTER_I"></a>
+<h2><a name="Page_1"></a>CHAPTER I</h2>
+<h2>WOMEN'S RIGHTS UNDER ROMAN LAW, FROM
+AUGUSTUS TO JUSTINIAN&#8212;27 B.C. TO
+527 A.D.</h2>
+<br>
+<div class="sidenote"><br>
+Guardianship.</div>
+<p>The age of legal capability for the Roman
+woman was after the twelfth year, at which
+period she was permitted to make a will.<a name="FNanchor_1"></a><a
+ href="#Footnote_1"><sup>[1]</sup></a>
+However, she was by no means allowed
+to do so entirely on her own account, but only
+under supervision.<a name="FNanchor_2"></a><a href="#Footnote_2"><sup>[2]</sup></a>
+This superintendence was
+vested in the father or, if he was dead, in a guardian<a
+ name="FNanchor_3"></a><a href="#Footnote_3"><sup>[3]</sup></a>;
+if the woman was married, the power belonged
+to the husband. The consent of such
+supervision, whether of father, husband, or
+<a name="Page_2"></a>guardian, was essential, as Ulpian informs us,<a
+ name="FNanchor_4"></a><a href="#Footnote_4"><sup>[4]</sup></a>
+under these circumstances: if the woman entered
+into any legal action, obligation, or civil contract;
+if she wished her freedwoman to cohabit with
+another's slave; if she desired to free a slave; if
+she sold any things <i>mancipi</i>, that is, such as
+estates on Italian soil, houses, rights of road or
+aqueduct, slaves, and beasts of burden. Throughout
+her life a woman was supposed to remain
+absolutely under the power<a name="FNanchor_5"></a><a href="#Footnote_5"><sup>[5]</sup></a>
+of father, husband, or
+guardian, and to do nothing without their consent.
+In ancient times, indeed, this authority was so
+great that the father and husband could, after
+calling a family council, put the woman to death
+without public trial.<a name="FNanchor_6"></a><a href="#Footnote_6"><sup>[6]</sup></a>
+The reason that women
+were so subjected to guardianship was "on account
+of their unsteadiness of character,"<a name="FNanchor_7"></a><a
+ href="#Footnote_7"><sup>[7]</sup></a> "the weakness
+of the sex," and their "ignorance of legal
+matters."<a name="FNanchor_8"></a><a href="#Footnote_8"><sup>[8]</sup></a>
+Under certain circumstances, however,
+women became <i>sui iuris</i> or entirely independent:
+I. By the birth of three children
+(a freedwoman by four)<a name="FNanchor_9"></a><a href="#Footnote_9"><sup>[9]</sup></a>;
+II. By becoming a
+Vestal Virgin, of whom there were but six<a name="FNanchor_10"></a><a
+ href="#Footnote_10"><sup>[10]</sup></a>; III.
+By a formal emancipation, which took place
+<a name="Page_3"></a>rarely, and then often only with a view of
+transferring
+the power from one guardian to another.<a name="FNanchor_11"></a><a
+ href="#Footnote_11"><sup>[11]</sup></a>
+Even when <i>sui iuris</i> a woman could not acquire
+power over any one, not even over her own children<a name="FNanchor_12"></a><a
+ href="#Footnote_12"><sup>[12]</sup></a>;
+for these an agnate&#8212;a male relative on the
+father's side&#8212;was appointed guardian, and the
+mother was obliged to render him and her children
+an account of any property which she had
+managed for them.<a name="FNanchor_13"></a><a href="#Footnote_13"><sup>[13]</sup></a>
+On the other hand, her
+children were bound to support her.<a name="FNanchor_14"></a><a
+ href="#Footnote_14"><sup>[14]</sup></a></p>
+<div class="sidenote">Digression on the growth of respect for women</div>
+<p>So much for the laws on the subject. They
+seem rigorous enough, and in early times were
+doubtless executed with strictness. A
+marked feature, however, of the Roman
+character, a peculiarity which at once
+strikes the student of their history as compared
+with that of the Greeks, was their great respect
+for the home and the <i>materfamilias</i>. The stories
+of Lucretia, Cloelia, Virginia, Cornelia, Arria,
+and the like, familiar to every Roman schoolboy,
+must have raised greatly the esteem in which
+women were held. As Rome became a world
+power, the Romans likewise grew in breadth of
+view, in equity, and in tolerance. The political
+<a name="Page_4"></a>influence wielded by women<a name="FNanchor_15"></a><a
+ href="#Footnote_15"><sup>[15]</sup></a> was as great during
+the first three centuries after Christ as it has ever
+been at any period of the world's history; and the
+powers of a Livia, an Agrippina, a Plotina, did not
+fail to show pointedly what a woman could do.
+In the early days of the Republic women who
+touched wine were severely punished and male
+relatives were accustomed solemnly to kiss them,
+if haply they might discover the odour of drink on
+their breath.<a name="FNanchor_16"></a><a href="#Footnote_16"><sup>[16]</sup></a>
+Valerius Maximus tells us that
+<a name="Page_5"></a>Egnatius Mecenas, a Roman knight, beat his
+wife to death for drinking wine.<a name="FNanchor_17"></a><a
+ href="#Footnote_17"><sup>[17]</sup></a> Cato the Censor
+(234-149 B.C.) dilated with joy on the fact that a
+woman could be condemned to death by her husband
+for adultery without a public trial, whereas
+men were allowed any number of infidelities
+without censure.<a name="FNanchor_18"></a><a href="#Footnote_18"><sup>[18]</sup></a>
+The senator Metellus (131 B.C.)
+lamented that Nature had made it necessary to
+have women.<a name="FNanchor_19"></a><a href="#Footnote_19"><sup>[19]</sup></a></p>
+<p>The boorish cynicism of a Cato and a Metellus&#8212;though
+it never expressed the real feelings of the
+majority of Romans&#8212;gave way, however, under
+the Empire to a generous expression of the equality
+of the sexes in the realms of morality and of
+intellect. "I know what you may say," writes
+Seneca to Marcia,<a name="FNanchor_20"></a><a href="#Footnote_20"><sup>[20]</sup></a>
+"'You have forgotten that
+you are consoling a woman; you cite examples of
+fortitude on the part of men.' But who said that
+Nature had acted scurvily with the characters of
+women and had contracted their virtues into a
+narrow sphere? Equal force, believe me, is
+possessed by them; equal capability for what is
+<a name="Page_6"></a>honorable, if they so wish." The Emperor Marcus
+Aurelius gratefully recalls that from his mother he
+learned piety and generosity, and to refrain not
+only from doing ill, but even from thinking it,
+and simplicity of life, far removed from the
+ostentatious display of wealth.<a name="FNanchor_21"></a><a
+ href="#Footnote_21"><sup>[21]</sup></a> The passionate
+attachment of men like Quintilian and Pliny to
+their wives exhibits an equality based on love that
+would do honour to the most Christian households.<a name="FNanchor_22"></a><a
+ href="#Footnote_22"><sup>[22]</sup></a>
+All Roman historians speak with great admiration
+of the many heroic deeds performed by women
+and are fond of citing conspicuous examples of
+conjugal affection.<a name="FNanchor_23"></a><a href="#Footnote_23"><sup>[23]</sup></a>
+The masterly and <a name="Page_7"></a>sympathetic
+delineation of Dido in the <i>Aeneid</i> shows
+how deeply a Roman could appreciate the character
+of a noble woman. In the numerous provisions
+for the public education at the state's expense
+girls were given the same opportunities and
+privileges as boys; there were five thousand boys
+and girls educated by Trajan alone.<a name="FNanchor_24"></a><a
+ href="#Footnote_24"><sup>[24]</sup></a></p>
+<div class="sidenote"> Decay of the power or the guardian.</div>
+<p>Such are a few examples of the growth of respect
+for women; and we should naturally conclude
+that, as time progressed, the unjust
+laws of guardianship would no longer
+be executed to the letter, even though
+the hard statutes were not formally expunged.
+This was the case during the first three centuries
+after Christ, as is patent from many sources. It
+is to be borne in mind that because a law is on the
+books, does not mean necessarily that it is enforced.
+A law is no stronger than public opinion.
+Of this anomaly there are plenty of instances even
+to-day&#8212;the Blue Laws of Massachusetts, for
+example. "That women of mature age should be
+under guardianship," writes the great jurist
+Gaius<a name="FNanchor_25"></a><a href="#Footnote_25"><sup>[25]</sup></a>
+in the second century, "seems to have no
+valid reason as foundation. For what is commonly
+believed, to the effect that on account of
+unsteadiness of character they are generally
+<a name="Page_8"></a>hoodwinked, and that, therefore, it is right for
+them to be governed by the authority of a guardian,
+seems rather specious than true. As a matter of
+fact, women of mature age do manage their
+own affairs, and in certain cases the guardian
+interposes his authority as a mere formality;
+frequently, indeed, he is forced by the supreme
+judge to lend his authority against his will."
+Ulpian, too, hints at the really slight power of the
+guardian in his day, that is, the first three decades
+of the third century. "In the case of male and
+female wards under age, the guardians both
+manage their affairs and interpose their authority;
+but in the case of mature women they merely
+interpose their authority."<a name="FNanchor_26"></a><a
+ href="#Footnote_26"><sup>[26]</sup></a> The woman had, in
+practice, become free to manage her property as
+she wished; the function of the legal guardian
+was simply to see to it that no one should attempt
+a fraud against her. Adequately to observe the
+decay of the vassalage of women, we must investigate
+the story of their rights in all its forms;
+and the position of women in marriage will next
+occupy our attention.</p>
+<div class="sidenote"> Women and marriage.</div>
+<p>As in all Southern countries where women
+mature early, the Roman girl usually married
+<a name="Page_9"></a>young; twelve years were required by custom
+for her to reach the marriageable age.<a name="FNanchor_27"></a><a
+ href="#Footnote_27"><sup>[27]</sup></a> In the
+earlier period a woman was acquired
+as wife in three different ways: I. By
+<i>coemptio</i>&#8212;a mock sale to her husband<a name="FNanchor_28"></a><a
+ href="#Footnote_28"><sup>[28]</sup></a>; II. By
+<i>confarreatio</i>&#8212;a solemn marriage with peculiar
+sacred rites to qualify men and women and their
+children for certain priesthoods<a name="FNanchor_29"></a><a
+ href="#Footnote_29"><sup>[29]</sup></a>; III. By <i>usus</i>,
+or acquisition by prescription. A woman became
+a man's legal wife by <i>usus</i> if he had lived with
+her one full year and if, during that time, she had
+not been absent from him for more than three
+successive nights.<a name="FNanchor_30"></a><a href="#Footnote_30"><sup>[30]</sup></a></p>
+<p>All these forms, however, had either been
+abolished by law or had fallen into desuetude
+during the second century of our era, as is evident
+from Gaius.<a name="FNanchor_31"></a><a href="#Footnote_31"><sup>[31]</sup></a>
+A man could marry even if not
+present personally; a woman could not.<a name="FNanchor_32"></a><a
+ href="#Footnote_32"><sup>[32]</sup></a> The
+woman's parents or guardians were accustomed
+to arrange a match for her,<a name="FNanchor_33"></a><a
+ href="#Footnote_33"><sup>[33]</sup></a> as they still do in
+many parts of Europe. Yet the power of the
+<a name="Page_10"></a>father to coerce his daughter was limited. Her
+consent was important. "A marriage cannot
+exist," remarks Paulus, "unless all parties consent."<a
+ name="FNanchor_34"></a><a href="#Footnote_34"><sup>[34]</sup></a>
+Julianus writes also that the daughter
+must give her permission<a name="FNanchor_35"></a><a href="#Footnote_35"><sup>[35]</sup></a>;
+yet the statement
+of Ulpian which immediately follows in the
+Digest shows that she had not complete free will
+in the matter: "It is understood that she who
+does not oppose the wishes of her father gives
+consent. But a daughter is allowed to object
+only in case her father chooses for her a man of
+unworthy or disgraceful character."<a name="FNanchor_36"></a><a
+ href="#Footnote_36"><sup>[36]</sup></a> The son
+had an advantage here, because he could never
+be forced into a marriage against his will.<a name="FNanchor_37"></a><a
+ href="#Footnote_37"><sup>[37]</sup></a> The
+consent of the father was always necessary for a
+valid marriage.<a name="FNanchor_38"></a><a href="#Footnote_38"><sup>[38]</sup></a>
+He could not by will compel
+his daughter to marry a certain person.<a name="FNanchor_39"></a><a
+ href="#Footnote_39"><sup>[39]</sup></a> After
+she was married, he still retained power over her,
+unless she became independent by the birth of
+three children; but this was largely to protect her
+and represent her in court against her husband if
+necessity should arise.<a name="FNanchor_40"></a><a href="#Footnote_40"><sup>[40]</sup></a>
+A father was not <a name="Page_11"></a>permitted
+to break up a harmonious<a name="FNanchor_41"></a><a href="#Footnote_41"><sup>[41]</sup></a>
+marriage;
+he could not get back his daughter's dowry without
+her consent,<a name="FNanchor_42"></a><a href="#Footnote_42"><sup>[42]</sup></a>
+nor force her to return to her
+husband after a divorce<a name="FNanchor_43"></a><a href="#Footnote_43"><sup>[43]</sup></a>;
+and he was punished
+with loss of citizenship if he made a match for a
+widowed daughter before the legal time of mourning
+for her husband had expired.<a name="FNanchor_44"></a><a
+ href="#Footnote_44"><sup>[44]</sup></a> A daughter
+passed completely out of the power of her father
+only if she became <i>sui iuris</i> by the birth of three
+children or if she became a Vestal, or again if she
+married a special priest of Jupiter (<i>Flamen Dialis</i>),
+in which case, however, she passed completely
+into the power of her husband. Under all circumstances
+a daughter must not only show respect
+for her father, but also furnish him with the
+necessaries of life if he needed them.<a name="FNanchor_45"></a><a
+ href="#Footnote_45"><sup>[45]</sup></a></p>
+<div class="sidenote"> "Breach of Promise."</div>
+<p>Under the Empire no such thing as a "breach
+of promise" suit was permitted, although in the
+<a name="Page_12"></a>days of the Republic the party who broke a
+promise
+to marry had been liable to a suit for damages.<a name="FNanchor_46"></a><a
+ href="#Footnote_46"><sup>[46]</sup></a>
+But this had now disappeared,
+and either party could break off the
+betrothal at pleasure without prejudice.<a name="FNanchor_47"></a><a
+ href="#Footnote_47"><sup>[47]</sup></a> Whatever
+gifts had been given might be demanded
+back.<a name="FNanchor_48"></a><a href="#Footnote_48"><sup>[48]</sup></a>
+The engagement had to be formally
+broken off before either party could enter into marriage
+or betrothal with another; otherwise he or she
+lost civil status.<a name="FNanchor_49"></a><a href="#Footnote_49"><sup>[49]</sup></a>
+While an engagement lasted,
+the man could bring an action for damages against
+any one who insulted or injured his fianc&eacute;e.<a name="FNanchor_50"></a><a
+ href="#Footnote_50"><sup>[50]</sup></a></p>
+<div class="sidenote"><br>
+Husband and Wife.</div>
+<p>The Roman marriage was a purely civil contract
+based on consent.<a name="FNanchor_51"></a><a href="#Footnote_51"><sup>[51]</sup></a>
+The definition given by
+the law was a noble one. "Marriage is
+the union of a man and a woman and
+a partnership of all life; a mutual sharing of laws
+human and divine."<a name="FNanchor_52"></a><a href="#Footnote_52"><sup>[52]</sup></a>
+The power of the husband
+over the wife was called <i>manus</i>; and the wife
+stood in the same position as a daughter.<a name="FNanchor_53"></a><a
+ href="#Footnote_53"><sup>[53]</sup></a> No
+husband was allowed to have a concubine.<a name="FNanchor_54"></a><a
+ href="#Footnote_54"><sup>[54]</sup></a> He
+was bound to support his wife adequately, look
+<a name="Page_13"></a>out for her interests,<a name="FNanchor_55"></a><a
+ href="#Footnote_55"><sup>[55]</sup></a> and strictly to avenge
+any insult or injury offered her<a name="FNanchor_56"></a><a
+ href="#Footnote_56"><sup>[56]</sup></a>; any abusive
+treatment of the wife by the husband was punished
+by an action for damages<a name="FNanchor_57"></a><a href="#Footnote_57"><sup>[57]</sup></a>.
+A wife was
+compelled by law to go into solemn mourning
+for a space of ten months upon the death of a
+husband<a name="FNanchor_58"></a><a href="#Footnote_58"><sup>[58]</sup></a>.
+During the period of mourning she
+was to abstain from social banquets, jewels, and
+crimson and white garments<a name="FNanchor_59"></a><a
+ href="#Footnote_59"><sup>[59]</sup></a>. If she did not do
+so, she lost civil status. The emperor Gordian,
+in the year 238, remitted these laws so far as
+solemn clothing and other external signs of
+mourning above enumerated were concerned.<a name="FNanchor_60"></a><a
+ href="#Footnote_60"><sup>[60]</sup></a>
+But a husband was not compelled to do any legal
+mourning for the death of his wife.<a name="FNanchor_61"></a><a
+ href="#Footnote_61"><sup>[61]</sup></a></p>
+<p>The wife was, as I have said, in the power of
+her husband. Originally, no doubt, this power
+was absolute; the husband could even put his wife
+to death without a public trial. But the world
+was progressing, and that during the first three
+centuries after Christ the power of the husband
+was reduced in practice to absolute nullity I shall
+<a name="Page_14"></a>make clear in the following pages. I shall,
+accordingly, first investigate the rights of the wife
+over her dowry, that is, the right of managing her
+own property.</p>
+<p>Even from earliest times it is clear that the
+wife had complete control of her dowry. The
+henpecked husband who is afraid of offending his
+wealthy wife is a not uncommon figure in the
+comedies of Plautus and Terence; and Cato the
+Censor growled in his usual amiable manner at
+the fact that wives even in his day controlled completely
+their own property.<a name="FNanchor_62"></a><a href="#Footnote_62"><sup>[62]</sup></a>
+The attitude of the
+Roman law on the subject is clearly expressed.
+"It is for the good of the state that women have
+their dowries inviolate."<a name="FNanchor_63"></a><a
+ href="#Footnote_63"><sup>[63]</sup></a> "The dowry is always
+and everywhere a chief concern; for it is for the
+public good that dowries be retained for women,
+since it is highly necessary that they be dowered
+in order to bring forth offspring and replenish the
+state with children."<a name="FNanchor_64"></a><a href="#Footnote_64"><sup>[64]</sup></a>
+"It is just that the income
+of the dowry belong to the husband; for inasmuch
+as it is he who stands the burdens of the
+married state, it is fair that he also acquire the
+interest."<a name="FNanchor_65"></a><a href="#Footnote_65"><sup>[65]</sup></a>
+"Nevertheless, the dowry belongs
+<a name="Page_15"></a>to the woman, even though it is in the goods of
+the
+husband."<a name="FNanchor_66"></a><a href="#Footnote_66"><sup>[66]</sup></a>
+"A husband is not permitted to
+alienate his wife's estate against her will."<a name="FNanchor_67"></a><a
+ href="#Footnote_67"><sup>[67]</sup></a> A
+wife could use her dowry during marriage to
+support herself, if necessary, or her kindred,
+to buy a suitable estate, to help an exiled parent,
+or to assist a needy husband, brother, or sister.
+The numerous accounts in various authors of
+the first three centuries after Christ confirm
+the statement that the woman's power over
+her dowry was absolute.<a name="FNanchor_68"></a><a href="#Footnote_68"><sup>[68]</sup></a>
+Then as now, a man
+might put his property in his wife's name to
+escape his creditors,<a name="FNanchor_69"></a><a href="#Footnote_69"><sup>[69]</sup></a>&#8212;a
+useless proceeding, if
+she had not had complete control of her own
+property.</p>
+<p>When the woman died, her dowry, if it had been
+given by the father (<i>dos profecticia</i>) returned to the
+latter; but if any one else had given it (<i>dos adventicia</i>),
+the dowry remained with the husband, unless
+the donor had expressly stipulated that it was
+to be returned to himself at the woman's death
+(<i>dos recepticia</i>),<a name="FNanchor_70"></a><a href="#Footnote_70"><sup>[70]</sup></a>
+In the case of a dowry of
+the
+first kind, the husband might retain what he had
+<a name="Page_16"></a>expended for his wife's funeral.<a
+ name="FNanchor_71"></a><a href="#Footnote_71"><sup>[71]</sup></a>
+The dowry was
+confiscated to the state if the woman was convicted
+of l&egrave;se majest&eacute;, violence against the state, or
+murder.<a name="FNanchor_72"></a><a href="#Footnote_72"><sup>[72]</sup></a>
+If she suffered punishment involving
+loss of civil status under any other law which did
+not assess the penalty of confiscation, the husband
+acquired the dowry just as if she were dead.
+Banishment operated as no impediment; if the
+woman wished to leave her husband under these
+circumstances, her father could recover the dowry.<a name="FNanchor_73"></a><a
+ href="#Footnote_73"><sup>[73]</sup></a></p>
+<p>A further confirmation of the power of the wife
+over her property is the law that prohibited gifts
+between husband and wife; obviously, a woman
+could not be said to have the power of making
+a gift if she had no right of property of her own.
+The object of the law mentioned was to prevent
+the husband and wife from receiving any lasting
+damage to his or her property by giving of it
+under the impulse of conjugal affection.<a name="FNanchor_74"></a><a
+ href="#Footnote_74"><sup>[74]</sup></a> This
+statute acted powerfully to prevent a husband
+from wheedling a wife out of her goods; and in case
+the latter happened to be of a grasping disposition
+the law was a protection to the husband and
+hence to the children, his heirs, for whose interests
+the Roman law constantly provided.</p>
+<p><a name="Page_17"></a>Gifts between husband and wife were
+nevertheless
+valid under certain conditions. It was
+permissible to make a present of clothing and to
+bestow various tokens of affection, such as ornaments.
+The husband could present his wife with
+enough money to rebuild a house of hers which
+had burned.<a name="FNanchor_75"></a><a href="#Footnote_75"><sup>[75]</sup></a>
+The Emperor Marcus Aurelius
+permitted a wife to give her husband the sum
+necessary to obtain public office or to become a
+senator or knight or to give public games.<a name="FNanchor_76"></a><a
+ href="#Footnote_76"><sup>[76]</sup></a> A
+gift was also legal if made by the husband in
+apprehension that death might soon overtake
+him; if, for instance, he was very sick or was
+setting out to war, or to exile, or on a dangerous
+journey.<a name="FNanchor_77"></a><a href="#Footnote_77"><sup>[77]</sup></a>
+The point in all gifts was, that neither
+party should become richer by the donation.<a name="FNanchor_78"></a><a
+ href="#Footnote_78"><sup>[78]</sup></a></p>
+<p>Some further considerations of the relation of
+husband and wife will aid in setting forth the
+high opinion which Roman law entertained of
+marriage and its constant effort to protect the
+wife as much as possible. A wife could not be
+held in a criminal action if she committed theft
+against her husband. The various statements
+of the jurists make the matter clear. Thus
+Paulus<a name="FNanchor_79"></a><a href="#Footnote_79"><sup>[79]</sup></a>:
+"A special action for the recovery of
+<a name="Page_18"></a>property removed [<i>rerum amotarum iudicium</i>]
+has
+been introduced against her who was a wife, because
+it has been decided that it is not possible
+to bring a criminal action for theft against her
+[<i>quid non placuit cum ea furti agere posse</i>]. Some&#8212;as
+Nerva Cassius&#8212;think she cannot even commit
+theft, on the ground that the partnership in
+life made her mistress, as it were. Others&#8212;like
+Sabinus and Proculus&#8212;hold that the wife can
+commit theft, just as a daughter may against her
+father, but that there can be no criminal action
+by established law." "As a mark of respect
+to the married state, an action involving disgrace
+for the wife is refused."<a name="FNanchor_80"></a><a
+ href="#Footnote_80"><sup>[80]</sup></a> "Therefore she will be
+held for theft if she touches the same things after
+being divorced. So, too, if her slave commits
+theft, we can sue her on the charge. But it is
+possible to bring an action for theft even against
+a wife, if she has stolen from him whose heirs we
+are or before she married us; nevertheless, as a
+mark of respect we say that in each case a formal
+claim for restitution alone is admissible, but not
+an action for theft."<a name="FNanchor_81"></a><a href="#Footnote_81"><sup>[81]</sup></a>
+"If any one lends help or
+advice to a wife who is filching the property of
+her husband, he shall be held for theft. If he
+commits theft with her, he shall be held for theft,
+although the woman herself is not held."<a name="FNanchor_82"></a><a
+ href="#Footnote_82"><sup>[82]</sup></a></p>
+<p><a name="Page_19"></a>A husband who did not avenge the murder of
+his wife lost all claims to her dowry, which was
+then confiscated to the state; this by order of the
+Emperor Severus.<a name="FNanchor_83"></a><a href="#Footnote_83"><sup>[83]</sup></a></p>
+<p>The laws on adultery are rather more lenient to
+the woman than to the man. In the first place,
+the Roman law insisted that it was unfair for a
+husband to demand chastity on the part of his
+wife if he himself was guilty of infidelity or did not
+set her an example of good conduct,<a name="FNanchor_84"></a><a
+ href="#Footnote_84"><sup>[84]</sup></a>&#8212;a maxim
+which present day lawyers may reflect upon with
+profit. A father was permitted to put to death
+<a name="Page_20"></a>his daughter and her paramour if she was still in
+his power and if he caught her in the act at his
+own house or that of his son-in-law; otherwise he
+could not.<a name="FNanchor_85"></a><a href="#Footnote_85"><sup>[85]</sup></a>
+He must, however, put both man and
+woman to death at once, when caught in the act;
+to reserve punishment to a later date was unlawful.
+The husband was not permitted to kill his wife;
+he might kill her paramour if the latter was a man
+of low estate, such as an actor, slave, or freedman,
+or had been convicted on some criminal
+charge involving loss of citizenship.<a name="FNanchor_86"></a><a
+ href="#Footnote_86"><sup>[86]</sup></a> The
+reason that the father was given the power
+which was denied the husband was that the
+latter's resentment would be more likely to blind
+his power of judging dispassionately the merits
+of the case.<a name="FNanchor_87"></a><a href="#Footnote_87"><sup>[87]</sup></a>
+If now the husband forgot himself
+and slew his wife, he was banished for life if of
+noble birth, and condemned to perpetual hard
+labour if of more humble rank.<a name="FNanchor_88"></a><a
+ href="#Footnote_88"><sup>[88]</sup></a> He must at once
+divorce a wife guilty of adultery; otherwise he
+was punished as a pander, and that meant loss
+of citizenship.<a name="FNanchor_89"></a><a href="#Footnote_89"><sup>[89]</sup></a>
+Women convicted of adultery
+were, when not put to death, punished by the
+loss of half their dowry, a third part of their
+other goods, and relegation to an island; guilty
+<a name="Page_21"></a>men suffered the loss of half of their
+possessions
+and similar relegation to an island; but the guilty
+parties were never confined in the same place.<a name="FNanchor_90"></a><a
+ href="#Footnote_90"><sup>[90]</sup></a>
+We have mention also in several writers of some
+curious and vicious punishments that might be
+inflicted on men guilty of adultery.<a name="FNanchor_91"></a><a
+ href="#Footnote_91"><sup>[91]</sup></a></p>
+<p>Now, all this seems rigorous enough; but, as I
+have already remarked, we must beware of imagining
+that a statute is enforced simply because
+it stands in the code. As a matter of fact, public
+sentiment had grown so humane in the first three
+centuries after Christ that it did not for a moment
+tolerate that a father should kill his daughter,
+no matter how guilty she was; and in all our
+records of that period no instance occurs. As to
+husbands, we have repeated complaints in the
+literature of the day that they had grown so
+complaisant towards erring wives that they could
+not be induced to prosecute them.<a name="FNanchor_92"></a><a
+ href="#Footnote_92"><sup>[92]</sup></a> A typical instance
+is related by Pliny.<a name="FNanchor_93"></a><a href="#Footnote_93"><sup>[93]</sup></a>
+Pliny was summoned
+by the Emperor Trajan to attend a council where,
+among other cases, that of a certain Gallitta was
+discussed. She had married a military tribune
+and had committed adultery with a common
+captain (<i>centurio</i>). Trajan sent the captain into
+<a name="Page_22"></a>exile. The husband took no measures against
+his wife, but went on living with her. Only by
+coercion was he finally induced to prosecute.
+Pliny informs us that the guilty woman had to be
+condemned, even against the will of her accuser.</p>
+<p>A woman guilty of incest received no punishment,
+but the guilty man was deported to an
+island.<a name="FNanchor_94"></a><a href="#Footnote_94"><sup>[94]</sup></a>
+If the incest involved adultery, the
+woman was of course held on that charge.</p>
+<div class="sidenote"> Divorce</div>
+<p>We come now to a matter where the growing
+freedom of women reached its highest point&#8212;the
+matter of divorce. Here again we have
+to note the progress of toleration and humanitarianism.
+In the early days of the Republic
+the family tie was rarely severed. Valerius Maximus
+tells us<a name="FNanchor_95"></a><a href="#Footnote_95"><sup>[95]</sup></a>
+of a quaint custom of the olden days,
+to the effect that "whenever any quarrel arose
+between husband and wife, they would proceed
+to the chapel of the goddess Viriplaca ["Reconciler
+of Husbands"], which is on the Palatine, and
+there they would mutually express their feelings;
+then, laying aside their anger, they returned home
+reconciled." During these days a woman could
+never herself take the initiative in divorce; the
+husband was all-powerful. The first divorce
+of which we have any record took place in the
+year 231 B.C., when Spurius Carvilius Ruga put
+away his wife for sterility. Public opinion censured
+him severely for it "because people thought
+<a name="Page_23"></a>that not even the desire for children ought to
+have
+been preferred to conjugal fidelity and affection."<a name="FNanchor_96"></a><a
+ href="#Footnote_96"><sup>[96]</sup></a>
+As the Empire extended and Rome became more
+worldly and corrupt, the reasons for divorce became
+more trivial. Sempronius Sophus divorced
+his wife because she had attended some public
+games without his knowledge.<a name="FNanchor_97"></a><a
+ href="#Footnote_97"><sup>[97]</sup></a> Cicero, who
+was a lofty moralist&#8212;on paper,&#8212;put away his
+wife Terentia in order to marry a rich young
+ward and get her money if he could. Maecenas,
+the great prime-minister of Augustus, sent away
+and took back his wife repeatedly at caprice&#8212;perhaps
+he believed that variety is the spice of
+life. But during all this time the husband alone
+could annul marriage.<a name="FNanchor_98"></a><a href="#Footnote_98"><sup>[98]</sup></a></p>
+<p>Gradually, however, the status of women changed
+and they were given greater and greater liberty.
+Inasmuch as Roman marriage was a civil contract
+based on consent, strict justice had to allow
+that on this basis either party to the contract
+might annul the marriage at his or her pleasure.
+The result was that during the first three centuries
+after Christ the wife had absolute freedom to take
+the initiative and send her husband a divorce
+whenever and for whatever reason she wished.
+<a name="Page_24"></a>The proof of this fact is positively established
+not
+only from the statements of the jurists, but also
+from numberless accounts in the other writers of
+the day.<a name="FNanchor_99"></a><a href="#Footnote_99"><sup>[99]</sup></a>
+Divorce became, at least among the
+higher strata of society, extraordinarily frequent.
+That a lady of the Upper Four Hundred should
+have been content with only one husband was
+deemed worthy of special mention on her tomb; the
+word <i>univira</i> (a woman of one husband) may
+still be read on certain inscriptions. The satirists
+are fond of dwelling on the license allowed to
+women in the case of divorce. Martial, for instance,<a
+ name="FNanchor_100"></a><a href="#Footnote_100"><sup>[100]</sup></a>
+says that one Theselina married ten husbands
+in one month. Still, allowing for the natural
+exaggeration of satirists, we are yet reasonably sure
+that divorce had reached great heights in the upper
+classes. Whether it was as bad among the middle
+classes is very improbable. There was one kind
+of marriage which, originally at least, did not
+admit of dissolution.<a name="FNanchor_101"></a><a href="#Footnote_101"><sup>[101]</sup></a>
+This was the solemn
+marriage by <i>confarreatio</i>, already described, which
+<a name="Page_25"></a>qualified the husband and wife for the special
+priesthood of Jupiter. Women soon grew to
+value their freedom too highly to enter it; as
+early as 23 A.D. the Senate had to relax some of the
+rigour of the old laws on the matter as a special
+inducement for women to consent to enter this
+union.<a name="FNanchor_102"></a><a href="#Footnote_102"><sup>[102]</sup></a></p>
+<p>We may now observe what became of the wife's
+property after divorce and what her rights were
+under such circumstances. If it was the husband
+who had taken the initiative and had sent his wife
+a divorce, and if the divorce was not the fault of
+the woman, she at once had an action in law for
+complete recovery of her dowry; on her own responsibility
+if she was <i>sui iuris</i>, otherwise with
+the help of her father.<a name="FNanchor_103"></a><a
+ href="#Footnote_103"><sup>[103]</sup></a> But even the woman still
+under guardianship could act by herself if her
+father was too sick or infirm or if she had no other
+agent to act for her.<a name="FNanchor_104"></a><a href="#Footnote_104"><sup>[104]</sup></a>
+For the offence of
+adultery
+a husband had to pay back the dowry at once;
+for lesser guilt he might return it in instalments
+at intervals of six months.<a name="FNanchor_105"></a><a
+ href="#Footnote_105"><sup>[105]</sup></a> If, now, the divorce
+was clearly the fault of the woman, her husband
+could retain certain parts of the dowry in these
+proportions: for adultery, a sixth part for each
+of the children up to one half of the whole; for
+lighter offences, an eighth part; if the husband had
+<a name="Page_26"></a>gone to expense or had incurred civil obligations
+for his wife's benefit or if she had removed any
+of his property, he could recover the amount.<a name="FNanchor_106"></a><a
+ href="#Footnote_106"><sup>[106]</sup></a></p>
+<p>A year and six months must elapse after a
+divorce before the woman was allowed to marry
+again.<a name="FNanchor_107"></a><a href="#Footnote_107"><sup>[107]</sup></a>
+If at the time of the divorce she was
+pregnant, her husband was obliged to support her
+offspring, provided that within thirty days after
+the separation she informed him of her condition.<a name="FNanchor_108"></a><a
+ href="#Footnote_108"><sup>[108]</sup></a>
+She could sue her former husband for damages if
+he insulted her.<a name="FNanchor_109"></a><a href="#Footnote_109"><sup>[109]</sup></a>
+Whether the children
+should
+stay with the mother or father was left to the
+discretion of the judge.<a name="FNanchor_110"></a><a
+ href="#Footnote_110"><sup>[110]</sup></a></p>
+<div class="sidenote"> Property rights of widows and single women.</div>
+<p>The married woman had, as I have shown,
+complete disposal of her own property. Let us
+see next what rights those women had
+over their possessions who were widows
+or spinsters.</p>
+<p>Roman Law constantly strove to protect the
+children and laid it down as a maxim that the
+property of their parents belonged to them.<a name="FNanchor_111"></a><a
+ href="#Footnote_111"><sup>[111]</sup></a>
+<a name="Page_27"></a>A widow could not therefore, except by special
+permission from the emperor,<a name="FNanchor_112"></a><a
+ href="#Footnote_112"><sup>[112]</sup></a> be the legal
+guardian of her children, but must ask the court to
+appoint one upon the death of her husband.<a name="FNanchor_113"></a><a
+ href="#Footnote_113"><sup>[113]</sup></a>
+This was to prevent possible mismanagement and
+because "to undertake the legal defence of others
+is the office of men."<a name="FNanchor_114"></a><a href="#Footnote_114"><sup>[114]</sup></a>
+But she was permitted to
+assume complete charge of her children's property
+during their minority and enjoy the usufruct;
+only she must render an account of the goods
+when the children arrived at maturity.<a name="FNanchor_115"></a><a
+ href="#Footnote_115"><sup>[115]</sup></a> We
+have many instances of women who managed their
+children's patrimony and did it exceedingly well.
+"You managed our patrimony in such wise," writes
+Seneca to his mother,<a name="FNanchor_116"></a><a href="#Footnote_116"><sup>[116]</sup></a>
+"that you exerted
+yourself
+as if it were yours and yet abstained from it as if
+it belonged to others."<a name="FNanchor_117"></a><a
+ href="#Footnote_117"><sup>[117]</sup></a> Agricola, father-in-law
+of
+Tacitus, had such confidence in his wife's business
+ability that he made her co-heir with his daughter
+and the Emperor Domitian.<a name="FNanchor_118"></a><a
+ href="#Footnote_118"><sup>[118]</sup></a> A mother could
+get an injunction to restrain extravagance on
+<a name="Page_28"></a>the part of her children.<a name="FNanchor_119"></a><a
+ href="#Footnote_119"><sup>[119]</sup></a>
+Women could not
+adopt.<a name="FNanchor_120"></a><a href="#Footnote_120"><sup>[120]</sup></a></p>
+<p>Married women, spinsters, and widows had as
+much freedom as men in disposing of property
+by will. If there were children, the Roman law
+put certain limitations on the testator's powers,
+whether man or woman. By the Falcidian Law
+no one was allowed to divert more than three
+fourths of his estate from his (or her) natural
+heirs.<a name="FNanchor_121"></a><a href="#Footnote_121"><sup>[121]</sup></a>
+But for any adequate cause a woman
+could disinherit her children completely; and
+there are many instances of this extant both in the
+Law Books and in the literature of the day.<a name="FNanchor_122"></a><a
+ href="#Footnote_122"><sup>[122]</sup></a></p>
+<p>Single women had grown absolutely unshackled
+and even their guardians had become a mere
+formality, as the words of Gaius, already quoted
+(<a href="#Page_8">page 8</a>) prove. That they had complete disposal
+of their property is proved furthermore
+by the numerous complaints in Roman authors
+about the sycophants who flattered and toadied the
+wealthy ladies with an eye to being remembered
+in their wills.<a name="FNanchor_123"></a><a href="#Footnote_123"><sup>[123]</sup></a>
+For it is evident that
+if these
+<a name="Page_29"></a>women had not had the power freely to dispose of
+their own property, there would have been no
+point in paying them such assiduous court. The
+legal age of maturity was now twenty-five for
+both male and female.</p>
+<div class="sidenote"> Women engaged in business pursuits.</div>
+<p>Women engaged freely in all business pursuits.
+We find them in all kinds of retail trade and commerce,<a
+ name="FNanchor_124"></a><a href="#Footnote_124"><sup>[124]</sup></a>
+as members of guilds,<a name="FNanchor_125"></a><a href="#Footnote_125"><sup>[125]</sup></a>
+in medicin<a name="FNanchor_126"></a><a href="#Footnote_126"><sup>[126]</sup></a>
+innkeeping,<a name="FNanchor_127"></a><a href="#Footnote_127"><sup>[127]</sup></a>
+in vaudevil<a name="FNanchor_128"></a><a href="#Footnote_128"><sup>[128]</sup></a>;
+there
+were even female barbers<a name="FNanchor_129"></a><a
+ href="#Footnote_129"><sup>[129]</sup></a> and charioteer<a
+ name="FNanchor_130"></a><a href="#Footnote_130"><sup>[130]</sup></a>
+Examples of women who toiled
+for a living with their own hands are indeed very
+old, as the widow, described by Homer, who
+worked for a scanty wage to support her fatherless
+children, or the wreathmaker, mentioned by
+Aristophanes.<a name="FNanchor_131"></a><a href="#Footnote_131"><sup>[131]</sup></a>
+But such was the case only with
+women of the lower classes; the lady of high birth
+acted through her agents.<a name="FNanchor_132"></a><a
+ href="#Footnote_132"><sup>[132]</sup></a></p>
+<div class="sidenote"> The right of women to sue.</div>
+<p><a name="Page_30"></a>When so many women were engaged in business,
+occasions for lawsuits would naturally arise; we
+shall see next what power the woman
+had to sue. It was a standing maxim
+of the law that a woman by herself
+could not conduct a case in court.<a name="FNanchor_133"></a><a
+ href="#Footnote_133"><sup>[133]</sup></a> She had to
+act through her agent, if she was independent,
+otherwise through her guardian. The supreme
+judge at Rome and the governor in a province
+assigned an attorney to those who had no agent or
+guardian.<a name="FNanchor_134"></a><a href="#Footnote_134"><sup>[134]</sup></a>
+But in this case again custom and
+the law were at variance. Various considerations
+will make it clear that women who sued had, in
+practice, complete disposal of the matter. <span
+ style="font-weight: bold;">I</span>.&#8212;A
+woman who was still under the power of her father
+must, according to law, sue with him as her agent
+or appoint an agent to act with him. Nevertheless,
+a father could do nothing without the consent
+of his daughter.<a name="FNanchor_135"></a><a href="#Footnote_135"><sup>[135]</sup></a>
+Obviously, then, so far
+as the
+power of the father was concerned, a woman had
+practically the management of her suit. <span
+ style="font-weight: bold;">II</span>.&#8212;The
+husband had no power. If he tried to browbeat
+her as to what to do, she could send him a divorce,
+a privilege which she had at her beck and call,
+<a name="Page_31"></a>as we have seen; and then she could force him to
+give her any guardian she wanted.<a name="FNanchor_136"></a><a
+ href="#Footnote_136"><sup>[136]</sup></a> <big>III</big>.&#8212;That the
+authority of other guardians was in practice a
+mere formality, I have already proved (<a href="#Page_7">pp. 7 </a>and
+<a href="#Page_8">8</a>).</p>
+<p>From these considerations it is clear that the
+woman's wishes were supreme in the conduct of
+any suit. Moreover, the law expressly states that
+women may appoint whatever attorneys or agents
+they desire, without asking the consent of their
+legal guardians<a name="FNanchor_137"></a><a href="#Footnote_137"><sup>[137]</sup></a>;
+and thus they were at
+liberty to
+select a man who would manage things as they
+might direct. There were cases where even the
+strict letter of the law permitted women to lay
+an action on their own responsibility alone: if,
+when a suit for recovery of dowry was brought,
+the father was absent or hindered by infirmities<a name="FNanchor_138"></a><a
+ href="#Footnote_138"><sup>[138]</sup></a>;
+if the woman sued or was sued to get or render an
+account of property managed in trust<a name="FNanchor_139"></a><a
+ href="#Footnote_139"><sup>[139]</sup></a>; to avenge
+the death of a parent or children, or of patron or
+patroness and their children<a name="FNanchor_140"></a><a
+ href="#Footnote_140"><sup>[140]</sup></a>; to lay bare any
+matter pertaining to the public grain supply<a name="FNanchor_141"></a><a
+ href="#Footnote_141"><sup>[141]</sup></a>;
+and to disclose cases of treason.<a name="FNanchor_142"></a><a
+ href="#Footnote_142"><sup>[142]</sup></a></p>
+<div class="sidenote"> Instances of women pleading in public and suing.</div>
+<p>We read of many cases of women pleading
+<a name="Page_32"></a>publicly and bringing suit. Indeed, according
+to Juvenal&#8212;who is, however, a pessimist by profession&#8212;the
+ladies found legal proceedings
+so interesting that bringing suit
+became a passion with them as strong as
+it had once been among the Athenians.
+Thus Juvenal<a name="FNanchor_143"></a><a href="#Footnote_143"><sup>[143]</sup></a>:
+"There is almost no case in
+which a woman wouldn't bring suit. Manilia
+prosecutes, when she isn't a defendant. They
+draw up briefs quite by themselves, and are ready
+to cite principles and authorities to Celsus [a
+celebrated lawyer of that time]." Of pleading in
+public one of the celebrated instances was that of
+Hortensia, daughter of the great orator Quintus
+Hortensius, Cicero's rival. On an occasion when
+matrons had been burdened with heavy taxes and
+none of their husbands would fight the measure,
+Hortensia pleaded the case publicly with great
+success. All writers speak of her action and the
+eloquence of her speech with great admiration.<a name="FNanchor_144"></a><a
+ href="#Footnote_144"><sup>[144]</sup></a>
+We hear also of a certain Gaia Afrania, wife of a
+Senator; she always conducted her case herself
+before the supreme judge, "not because there was
+any lack of lawyers," adds her respectable and
+scandalised historian,<a name="FNanchor_145"></a><a href="#Footnote_145"><sup>[145]</sup></a>
+"but because she had
+more
+than enough of impudence."</p>
+<p>Quintilian mentions several cases of women
+<a name="Page_33"></a>being sued<a name="FNanchor_146"></a><a
+ href="#Footnote_146"><sup>[146]</sup></a>; Pliny tells how he
+acted as attorney
+for some<a name="FNanchor_147"></a><a href="#Footnote_147"><sup>[147]</sup></a>;
+and the Law Books will supply any one
+curious in the matter with abundant examples.<a name="FNanchor_148"></a><a
+ href="#Footnote_148"><sup>[148]</sup></a>
+A quotation from Pliny<a name="FNanchor_149"></a><a href="#Footnote_149"><sup>[149]</sup></a>
+will give an idea of the
+kind of suit a woman might bring, and the great interest
+aroused thereby: "Attia Viriola, a woman of
+illustrious birth and married to a former supreme
+judge, was disinherited by her eighty-year-old
+father within eleven days after he had brought
+Attia a stepmother. Attia was trying to regain
+her share of her father's estate. One hundred and
+eighty jurors sat in judgment. The tribunal was
+crowded, and from the higher part of the court
+both men and women strained over the railings in
+their eagerness to hear (which was difficult), and
+to see (which was easy)."</p>
+<div class="sidenote"> Partiality of the law to women.</div>
+<p>There were many legal qualifications designed
+to help women evade the strict letter of the law
+when this, if enforced absolutely, would
+work injustice. Ignorance of the law,
+if there was no criminal offence involving
+good morals, was particularly accepted in the case
+of women "on account of the weakness of the sex."<a name="FNanchor_150"></a><a
+ href="#Footnote_150"><sup>[150]</sup></a>
+A typical instance of the growth of the desire to
+help women, protect them as much as possible,
+<a name="Page_34"></a>and stretch the laws in their favour, may be
+taken
+from the senatorial decree known as the Senatus
+Consultum Velleianum.<a name="FNanchor_151"></a><a href="#Footnote_151"><sup>[151]</sup></a>
+This was an order
+forbidding females to become sureties or defendants
+for any one in a contract. But at the end of the
+first century of our era the Senate voted that the
+law be emended to help women and to give them
+special privileges in every class of contract. "We
+must praise the farsightedness of that illustrious
+order," comments the great jurist Ulpian,<a name="FNanchor_152"></a><a
+ href="#Footnote_152"><sup>[152]</sup></a> "because
+it brought aid to women on account of the
+weakness of the sex, exposed, as it is, to many
+mishaps of this sort."</p>
+<div class="sidenote"> Rights of women to inherit.</div>
+<p>The rights of women to inherit under Roman
+law deserve some mention. Here again we may
+note a steady growth of justice. Some
+general examples will make this clearer,
+before I treat of the specific powers of inheritance.
+<span style="font-weight: bold;">I.</span>&#8212;In the year 169 B.C. the
+Tribune Quintus
+Voconius Saxa had a law passed which restricted
+greatly the rights of women to inherit.<a name="FNanchor_153"></a><a
+ href="#Footnote_153"><sup>[153]</sup></a> According
+to Dio<a name="FNanchor_154"></a><a href="#Footnote_154"><sup>[154]</sup></a>
+no woman was, by this statute, permitted
+to receive more than 25,000 sesterces&#8212;1250
+dollars. In the second century after Christ, this
+law had fallen into complete desuetude.<a name="FNanchor_155"></a><a
+ href="#Footnote_155"><sup>[155]</sup></a> <span
+ style="font-weight: bold;">II.</span>&#8212;By
+<a name="Page_35"></a>the Falcidian Law, passed in the latter part of
+the first century B.C., no citizen was allowed to
+divert more than three fourths of his estate from
+his natural heirs.<a name="FNanchor_156"></a><a href="#Footnote_156"><sup>[156]</sup></a>
+The Romans felt strongly
+against any man who disinherited his children
+without very good reason; the will of such a
+parent was called <i>inofficiosum</i>, "made without
+a proper feeling of duty," and the disinherited
+children had an action at law to recover their
+proper share.<a name="FNanchor_157"></a><a href="#Footnote_157"><sup>[157]</sup></a>
+A daughter was considered a
+natural heir no less than a son and had equal
+privileges in succession<a name="FNanchor_158"></a><a
+ href="#Footnote_158"><sup>[158]</sup></a>; and so women were
+bound to receive some inheritance at least. <span
+ style="font-weight: bold;">III.</span>&#8212;It
+is a sad commentary on Christian rulers that for
+many ages they allowed the crimes of the father
+to be visited upon his children and by their bills
+of attainder confiscated to the state the goods
+of condemned offenders. Now, the Roman law
+stated positively that "the crime or punishment
+<a name="Page_36"></a>of a father can inflict no stigma on his child."<a
+ name="FNanchor_159"></a><a href="#Footnote_159"><sup>[159]</sup></a>
+So
+far as the goods of the father were concerned, the
+property of three kinds of criminals escheated to
+the crown: <span style="font-weight: bold;">(1)</span> those who
+committed suicide
+while under indictment for some crime,<a name="FNanchor_160"></a><a
+ href="#Footnote_160"><sup>[160]</sup></a> <span
+ style="font-weight: bold;">(2)</span>
+forgers,<a name="FNanchor_161"></a><a href="#Footnote_161"><sup>[161]</sup></a>
+<span style="font-weight: bold;">(3)</span> those guilty of high treason<a
+ name="FNanchor_162"></a><a href="#Footnote_162"><sup>[162]</sup></a>.
+Yet
+it seems reasonable to doubt whether these laws
+were very often carried out strictly to the letter.
+For example, the law did indeed hold that the
+estate of a party guilty of treason was confiscated
+to the state<a name="FNanchor_163"></a><a href="#Footnote_163"><sup>[163]</sup></a>;
+but even here it was expressly
+ordained that the goods of the condemned man's
+freedmen be reserved for his children.<a name="FNanchor_164"></a><a
+ href="#Footnote_164"><sup>[164]</sup></a> Moreover,
+in actual practice we can find few instances
+where the law was executed in its literal severity
+even under the worst tyrants. It was Julius
+Caesar who first set the splendid example of
+allowing to the children of his dead foes full
+enjoyment of their patrimonies.<a name="FNanchor_165"></a><a
+ href="#Footnote_165"><sup>[165]</sup></a> Succeeding
+<a name="Page_37"></a>emperors followed the precedent.<a
+ name="FNanchor_166"></a><a href="#Footnote_166"><sup>[166]</sup></a>
+Tyrants like
+Tiberius and Nero, strangely enough, in a majority
+of cases overruled the Senate when it proposed
+to confiscate the goods of those condemned for
+treason, and allowed the children a large part
+or all of the paternal estate.<a name="FNanchor_167"></a><a
+ href="#Footnote_167"><sup>[167]</sup></a> Hadrian gave
+the children of proscribed offenders the twelfth
+part of their father's goods.<a name="FNanchor_168"></a><a
+ href="#Footnote_168"><sup>[168]</sup></a> Antoninus Pius
+gave them all.<a name="FNanchor_169"></a><a href="#Footnote_169"><sup>[169]</sup></a>
+There was a strong public feeling
+against bills of attainder and this sentiment is
+voiced by all writers of the Empire. The law
+forbade wives to suffer any loss for any fault of
+their husbands.<a name="FNanchor_170"></a><a href="#Footnote_170"><sup>[170]</sup></a></p>
+<p>Since we have now noticed that women could
+inherit any amount, that they were bound to
+receive something under their fathers' wills, and
+that the guilt of their kin could inflict no prejudice
+upon them in the way of bills of attainder involving
+physical injury or civil status and, in
+practice, little loss so far as inheriting property
+<a name="Page_38"></a>was concerned, we may pass to a contemplation of
+the specific legal rights of inheritance of women.</p>
+<p>If women were to be disinherited, it was sufficient
+to mention them in an aggregate; but males must
+be mentioned specifically.<a name="FNanchor_171"></a><a
+ href="#Footnote_171"><sup>[171]</sup></a> If, however, they
+were disinherited in an aggregate (<i>inter ceteros</i>),
+some legacy had to be left them that they might
+not seem to have been passed over through
+forgetfulness.<a name="FNanchor_172"></a><a href="#Footnote_172"><sup>[172]</sup></a>
+I shall not concern myself particularly
+with testate succession, because here
+obviously the will of the testator could dispose
+as he wished, except in so far as he was limited
+by the Falcidian Law. The matter of intestate
+succession may well claim our attention; for
+therein we shall see what powers of inheritance
+were given the female sex. The general principles
+are explained by Gaius (iii, 1-38); and these
+principles followed, in the main, the law as laid
+down in the Twelve Tables (451 B.C.). According
+to these, the estates of those who died intestate
+belonged first of all to the children who were in
+the power of the deceased at the time of his death;
+there was no distinction of sex; the daughters
+were entitled to precisely the same amount as
+the sons.<a name="FNanchor_173"></a><a href="#Footnote_173"><sup>[173]</sup></a>
+If the children of the testator had
+died, the grandson or granddaughter <i>through the
+son</i> succeeded; or the great-grandson or great-<a name="Page_39"></a>granddaughter
+through the <i>grandson</i>. If a son
+a daughter were alive, as well as grandsons
+and granddaughters through the <i>son</i>, they were
+all equally called to the estate. The estate was
+not divided per capita, but among families as a
+whole; for example, if of two sons one only was
+alive, but the other had left children, the testator's
+surviving son received one half of the patrimony
+and his grandchildren through his other son the
+other half, to be divided among them severally. If,
+then, there were six grandchildren, each received
+one twelfth of the estate.</p>
+<p>Here the powers of women to inherit stopped.
+Beyond the tie of <i>consanguinitas</i>, that is, that of
+daughter to father, or granddaughter through a
+<i>son</i>, the female line must at once turn aside, and
+had no powers; the estate descended to the <i>agnati</i>,
+that is, male relatives on the father's side. Hence
+a mother was shut out by a brother of the deceased
+or by that brother's children. If there were no
+<i>agnati</i>, the goods were given to the <i>gentiles</i>, male
+relatives of the clan bearing the same name.
+In fact, under this r&eacute;gime we may say that of the
+female line the daughter alone was sure of inheriting
+something.</p>
+<p>In the days of the Empire some attempts were
+made to be more just. It was enacted<a name="FNanchor_174"></a><a
+ href="#Footnote_174"><sup>[174]</sup></a> that all
+the children should be called to the estate, whether
+they had been under the power of the testator
+at the time of his death or not; and female relatives
+<a name="Page_40"></a>were now allowed to come in for their share "in
+the third degree," that is, if there was neither a
+child or an agnate surviving. This was not
+much of an improvement; and the principle of
+agnate succession is the only point in which
+Roman law failed to give to women those
+equal rights which it allowed them in other
+cases.</p>
+<div class="sidenote"> Protection of property of children.</div>
+<p>There is no point on which Roman law laid
+more stress than that the children, both male and
+female, were to be constantly protected
+and must receive their legal share of
+their father's or mother's goods. After a
+husband's divorce or death his wife could, indeed,
+enjoy possession of the property and the usufruct;
+but the principal had to be conserved intact for
+the children until they arrived at maturity. In
+the same way a father was obliged to keep untouched
+for the children whatever had been left
+them by the mother on her decease<a name="FNanchor_175"></a><a
+ href="#Footnote_175"><sup>[175]</sup></a>; and he must
+also leave them that part, at least, of his own
+property prescribed by the Falcidian Law. A
+case&#8212;and it was common enough in real life&#8212;
+such as that described by Dickens in <i>David
+Copperfield</i>, where, by the English law, a second
+husband acquired absolute right over his wife's
+property and shut out her son, would have been
+<a name="Page_41"></a>impossible under Roman law. Neither husband
+nor wife could succeed to one another's intestate
+estate absolutely unless there were no children,
+parents, or other relatives living.<a name="FNanchor_176"></a><a
+ href="#Footnote_176"><sup>[176]</sup></a></p>
+<div class="sidenote"> Punishment of crimes against women.</div>
+<p>Rape of a woman was punished by death;
+accessories to the crime merited the same penalty.<a name="FNanchor_177"></a><a
+ href="#Footnote_177"><sup>[177]</sup></a>
+Indecent exposure before a virgin met
+with punishment out of course.<a name="FNanchor_178"></a><a
+ href="#Footnote_178"><sup>[178]</sup></a> Kidnapping
+was penalised by hard labour in
+the mines or by crucifixion in the case of those
+of humble birth, and by confiscation of half the
+goods and by perpetual exile in the case of a
+noble.<a name="FNanchor_179"></a><a href="#Footnote_179"><sup>[179]</sup></a>
+Temporary exile was visited upon those
+guilty of abortion themselves<a name="FNanchor_180"></a><a
+ href="#Footnote_180"><sup>[180]</sup></a>; if it was caused
+through the agency of another, the agent, even
+though he or she did so without evil intent, was
+punished by hard labour in the mines, if of humble
+birth, and by relegation to an island and confiscation
+of part of their goods, if of noble rank.<a name="FNanchor_181"></a><a
+ href="#Footnote_181"><sup>[181]</sup></a> If
+<a name="Page_42"></a>the victim died, the person who caused the
+abortion was put to death.<a name="FNanchor_182"></a><a
+ href="#Footnote_182"><sup>[182]</sup></a></p>
+<div class="sidenote"> Rights of women to an education.</div>
+<p>The rights of women to an education were not
+questioned. That Sulpicia could publish amatory
+poems in honour of her husband and
+receive eulogies from writers like Martial<a name="FNanchor_183"></a><a
+ href="#Footnote_183"><sup>[183]</sup></a>
+shows that she and ladies like her
+occupied somewhat the same position as Olympia
+Morata and Tarquinia Molza later in Italy during
+the Renaissance, or like some of the celebrated
+Frenchwomen, such as Madame de Sta&euml;l. Seneca
+addresses a <i>Dialogue on Consolation</i> to one Marcia;
+such an idea would have made the hair of any
+Athenian gentleman in the time of Socrates stand
+on end. Aspasia was obliged to be a courtesan in
+order to become educated and to frequent cultivated
+society<a name="FNanchor_184"></a><a href="#Footnote_184"><sup>[184]</sup></a>;
+Sulpicia was a noble matron in
+good standing. The world had not stood still
+since Socrates had requested some one to take
+Xanthippe home, lest he be burdened by her
+sympathy in his last moments. Pains were taken
+that the Roman girl of wealth should have special
+tutors.<a name="FNanchor_185"></a><a href="#Footnote_185"><sup>[185]</sup></a>
+"Pompeius Saturninus recently read me
+some letters," writes Pliny<a name="FNanchor_186"></a><a
+ href="#Footnote_186"><sup>[186]</sup></a> to one of his <a
+ name="Page_43"></a>correspondents,
+"which he insisted had been written
+by his wife. I believed that Plautus or Terence
+was being read in prose. Whether they are really
+his wife's, as he maintains; or his own, which he
+denies; he deserves equal honour, either because he
+composes them, or because he has made his wife,
+whom he married when a mere girl, so learned
+and polished." The enthusiasm of the ladies for
+literature is attested by Persius.<a name="FNanchor_187"></a><a
+ href="#Footnote_187"><sup>[187]</sup></a></p>
+<p>According to Juvenal, who, as an orthodox
+satirist, was not fond of the weaker sex, women
+sometimes became over-educated. He growls
+as follows<a name="FNanchor_188"></a><a href="#Footnote_188"><sup>[188]</sup></a>:
+"That woman is a worse nuisance
+than usual who, as soon as she goes to bed, praises
+Vergil; makes excuses for doomed Dido; pits bards
+against one another and compares them; and
+weighs Homer and Maro in the balance. Teachers
+of literature give way, professors are vanquished,
+the whole mob is hushed, and no lawyer or auctioneer
+will speak, nor any other woman." The
+prospect of a learned wife filled the orthodox
+Roman with peculiar horror.<a name="FNanchor_189"></a><a
+ href="#Footnote_189"><sup>[189]</sup></a> No Roman woman
+ever became a public professor as did Hypatia or,
+<a name="Page_44"></a>ages later, Bitisia Gozzadina, who, in the
+thirteenth
+century, became doctor of canon and civil law at
+the University of Bologna.</p>
+<p>I have been speaking of women of the wealthier
+classes; but the poor were not neglected. As far
+back as the time of the Twelve Tables&#8212;450 B.C.&#8212;parents of moderate
+means were accustomed to
+club together and hire a schoolroom and a teacher
+who would instruct the children, girls no less than
+boys, in at least the proverbial three R's. Virginia
+was on her way to such a school when she encountered
+the passionate gaze of Appius Claudius.
+Such grammar schools, which boys and girls
+attended together, flourished under the Empire as
+they had under the Republic.<a name="FNanchor_190"></a><a
+ href="#Footnote_190"><sup>[190]</sup></a> They were not
+connected with the state, being supported by the
+contributions of individual parents. To the end
+we cannot say that there was a definite scheme
+of public education for girls at the state's expense
+as there was for boys.<a name="FNanchor_191"></a><a href="#Footnote_191"><sup>[191]</sup></a>
+Still, the emperors did
+something. Trajan, Hadrian, Antoninus Pius,
+Marcus Aurelius, and Alexander Severus, for
+example, regularly supplied girls and boys with
+<a name="Page_45"></a>education at public expense<a name="FNanchor_192"></a><a
+ href="#Footnote_192"><sup>[192]</sup></a>;
+under Trajan there
+were 5000 children so honoured. Public-spirited
+citizens were also accustomed to contribute
+liberally to the same cause; Pliny on one occasion<a name="FNanchor_193"></a><a
+ href="#Footnote_193"><sup>[193]</sup></a>
+gave the equivalent of $25,000 for the support
+and instruction of indigent boys and girls.</p>
+<div class="sidenote"> The Vestals.</div>
+<p>It may not be out of place to speak briefly of the
+Vestal Virgins, the six priestesses of Vesta, who are
+the only instances in pagan antiquity of
+anything like the nuns of the Christians.
+The Vestals took a vow of perpetual chastity.<a name="FNanchor_194"></a><a
+ href="#Footnote_194"><sup>[194]</sup></a>
+They passed completely out of the power of their
+parents and became entirely independent. They
+could not receive the inheritance of any person
+who died intestate, and no one could become heir
+to a Vestal who died intestate. They were
+allowed to be witnesses in court in public trials,
+a privilege denied other women. Peculiar honour
+was accorded them and they were regularly
+appointed the custodians of the wills of the
+emperors.<a name="FNanchor_195"></a><a href="#Footnote_195"><sup>[195]</sup></a></p>
+<div class="sidenote"> Female slaves.</div>
+<p>The position of women in slavery merits some
+attention, in view of the huge multitudes that
+<a name="Page_46"></a>were held in bondage. Roman law
+acknowledged no legal rights on the part of slaves<a name="FNanchor_196"></a><a
+ href="#Footnote_196"><sup>[196]</sup></a>.
+The master had absolute power of life
+and death.<a name="FNanchor_197"></a><a href="#Footnote_197"><sup>[197]</sup></a>
+They were exposed to every
+whim of master or mistress without redress.<a name="FNanchor_198"></a><a
+ href="#Footnote_198"><sup>[198]</sup></a> If
+some one other than their owner harmed them
+they might obtain satisfaction through their
+master and for his benefit; but the penalty for the
+aggressor was only pecuniary.<a name="FNanchor_199"></a><a
+ href="#Footnote_199"><sup>[199]</sup></a> A slave's evidence
+was never admitted except under torture.<a name="FNanchor_200"></a><a
+ href="#Footnote_200"><sup>[200]</sup></a> If
+a master was killed, every slave of his household
+and even his freedmen and freedwomen were put to
+torture, although the culprit may already have
+been discovered, in order to ascertain the instigator
+of the plot and his remotest accessories.<a name="FNanchor_201"></a><a
+ href="#Footnote_201"><sup>[201]</sup></a></p>
+<p>The earlier history of Rome leaves no doubt
+that before the Republic fell these laws were
+carried out with inhuman severity. With the
+growth of Rome into a world power and the
+consequent rise of humanitarianism<a name="FNanchor_202"></a><a
+ href="#Footnote_202"><sup>[202]</sup></a> a strong public
+<a name="Page_47"></a>feeling against gratuitous cruelty towards slaves
+sprang up. This may be illustrated by an
+event which happened in the reign of Nero, in the
+year 58, when a riot ensued out of sympathy for
+some slaves who had been condemned <i>en masse</i>
+after their master had been assassinated by one of
+them.<a name="FNanchor_203"></a><a href="#Footnote_203"><sup>[203]</sup></a>
+Measures were gradually introduced for
+alleviating the hardships and cruelties of slavery.
+Claudius (41-54 A.D.) ordained<a name="FNanchor_204"></a><a
+ href="#Footnote_204"><sup>[204]</sup></a> that since sick
+and infirm slaves were being exposed on an island
+in the Tiber sacred to Aesculapius, because their
+masters did not wish to bother about attending
+them, all those who were so exposed were to be set
+free if they recovered and never to be returned into
+the power of their masters; and if any owner preferred
+to put a slave to death rather than expose
+him, he was to be held for murder. Gentlemen
+began to speak with contempt of a master or
+mistress who maltreated slaves.<a name="FNanchor_205"></a><a
+ href="#Footnote_205"><sup>[205]</sup></a> Hadrian (117-138 A.D.)
+modified the old laws to a remarkable
+degree: he forbade slaves to be put to death by
+their masters and commanded them to be tried by
+<a name="Page_48"></a>regularly appointed judges; he brought it about
+that a slave, whether male or female, was not to be
+sold to a slave-dealer or trainer for public shows
+without due cause; he did away with <i>ergastula</i>
+or workhouses, in which slaves guilty of offences
+were forced to work off their penalties in chains
+and were confined to filthy dungeons; and he
+modified the law previously existing to the extent
+that if a master was killed in his own house, the
+inquisition by torture could not be extended to
+the whole household, but to those only who, by
+proximity to the deed, could have noticed it.<a name="FNanchor_206"></a><a
+ href="#Footnote_206"><sup>[206]</sup></a>
+Gaius observes<a name="FNanchor_207"></a><a href="#Footnote_207"><sup>[207]</sup></a>
+that for slaves to be in complete
+subjection to masters who have power of life and
+death is an institution common to all nations,
+"But at this time," he continues, "it is permitted
+neither to Roman citizens nor any other men who
+are under the sway of the Roman people to vent
+their wrath against slaves beyond measure and
+without reason. In fact, by a decree of the
+sainted Antoninus (138-161 A.D.) a master who
+without cause kills his slave is ordered to be held
+no less than he who kills another's slave.<a name="FNanchor_208"></a><a
+ href="#Footnote_208"><sup>[208]</sup></a> An
+excessive severity on the part of masters is also
+checked by a constitution of the same prince.
+On being consulted by certain governors about
+those slaves who rush for refuge to the shrines of
+<a name="Page_49"></a>the gods or the statues of emperors, he ordered
+that if the cruelty of masters seemed intolerable
+they should be compelled to sell their slaves."
+Severus ordained that the city prefect should
+prevent slaves from being prostituted<a name="FNanchor_209"></a><a
+ href="#Footnote_209"><sup>[209]</sup></a>. Aurelian
+gave his slaves who had transgressed to be heard
+according to the laws by public judges<a name="FNanchor_210"></a><a
+ href="#Footnote_210"><sup>[210]</sup></a>. Tacitus
+procured a decree that slaves were not to be put
+to inquisitorial torture in a case affecting a master's
+life, not even if the charge was high treason<a name="FNanchor_211"></a><a
+ href="#Footnote_211"><sup>[211]</sup></a>. So
+much for the laws that mitigated slavery under
+the Empire. They were not ideal; but they would
+in more respects than one compare favourably
+with the similar legislation that was in force, prior
+to the Civil War, in the American Slave States.</p>
+<br>
+<h4 style="text-align: left;">SOURCES</h4>
+<p>I. Iurisprudentiae Anteiustinianae quae Supersunt. ed. Ph.
+Eduardus Huschke. Lipsiae (Teubner), 1886 (fifth edition).</p>
+<p>II. Codex Iustinianus. Recensuit Paulus Krueger. Berolini
+apud Weidmannos, 1877.</p>
+<p>Corpus Iuris Civilis: Institutiones recognovit Paulus
+Krueger; Digesta recognovit Theodorus Mommsen. Berolini
+apud Weidmannos, 1882.</p>
+<p>Novellae: Corpus Iuris Civilis. Volumen Tertium recognovit
+Rudolfus Schoell; Opus Schoellii morte interceptum absolvit
+G. Kroll. Berolini apud Weidmannos, 1895.</p>
+<p>III. The Fragments of the Perpetual Edict of Salvius Julianus.
+Edited by Bryan Walken Cambridge University Press. 1877.</p>
+<p><a name="Page_50"></a>IV. Pomponii de Origine Iuris Fragmentum:
+recognovit
+Fridericus Osannus. Gissae, apud Io. Rickerum, 1848.</p>
+<p>V. Corpus Inscriptionum Latinarum, Consilio et Auctoritate
+Academiae Litterarum Regiae Borussicae editum. Berolini
+apud Georgium Reimerum (begun in 1863).</p>
+<p>VI. Valerii Maximi Factorum et Dictorum Memorabilium
+Libri Novem: cum Iulii Paridis et Ianvarii Nepotiani Epitomis:
+iterum recensuit Carolus Kempf. Lipsiae (Teubner), 1888.</p>
+<p>VII. Cassii Dionis Cocceiani Rerum Romanarum libri
+octaginta: ab Immanuele Bekkero Recogniti. Lipsiae, apud
+Weidmannos, 1849.</p>
+<p>VIII. C. Suetoni Tranquilli quae Supersunt Omnia: recensuit
+Carolus L. Roth. Lipsiae (Teubner), 1898.</p>
+<p>IX. A. Persii Flacci, D. Iunii Iuvenalis, Sulpiciae Saturae;
+recognovit Otto Iahn. Editio altera curam agente Francisco
+Buecheler. Berolini, apud Weidmannos, 1886.</p>
+<p>X. Eutropi Breviarium ab Urbe Condita: recognovit Franciscus
+Ruehl. Lipsiae (Teubner), 1897.</p>
+<p>XI. Herodiani ab Excessu Divi Marci libri octo: ab Immanuele
+Bekkero recogniti. Lipsiae (Teubner), 1855.</p>
+<p>XII. A. Gellii Noctium Atticarum libri XX: edidit Carolus
+Hosius. Lipsiae (Teubner), 1903.</p>
+<p>XIII. Petronii Saturae et Liber Priapeorum: quartum edidit
+Franciscus Buecheler: adiectae sunt Varronis et Senecae Saturae
+similesque Reliquiae. Berolini, apud Weidmannos, 1904.</p>
+<p>XIV. M. Valerii Martialis Epigrammaton libri: recognovit
+Walther Gilbert. Lipsiae (Teubner), 1896.</p>
+<p>XV. Cornelii Taciti Libri qui Supersunt: quartum recognovit
+Carolus Halm. Lipsiae (Teubner), 1901.</p>
+<p>XVI. C. Vellei Paterculi ex Historiae Romanae libris duobus
+quae supersunt: edidit Carolus Halm. Lipsiae (Teubner), 1876.</p>
+<p>XVII. L. Annaei Senecae Opera quae Supersunt: recognovit
+Fridericus Haase. Lipsiae (Teubner), 1898.</p>
+<p>XVIII. Athenaei Naucratitae Deipnosophistaro libri XV:
+recensuit Georgius Kaibel. Lipsiae (Teubner), 1887.</p>
+<p>XIX. Lucii Apulei Metamorphoseon libri XI. Apologia et
+Florida. Recensuit J. van der Vliet. Lipsiae (Teubner), 1897.</p>
+<p>XX. C. Plini Caecili Secundi Epistularum libri novem.
+Epistularum ad Traianum liber. Panegyricus. Recognovit
+C.F.W. Mueller. Lipsiae (Teubner), 1903.</p>
+<p><a name="Page_51"></a>XXI. Scriptores Historiae Augustae: edidit
+Hermannus
+Peter. Lipsiae (Teubner), 1888.</p>
+<p>XXII. M. Fabii Quintiliani Institutionis Oratoriae libri XII:
+recensuit Eduardus Bonnell. Lipsiae (Teubner), 1905.</p>
+<p>XXIII. Marci Antonini Commentariorum libri XII: iterum
+recensuit Ioannes Stich. Lipsiae (Teubner), 1903.</p>
+<p>XXIV. C. Plinii Secundi Naturalis Historiae libri XXXVII:
+recognovit Ludovicus Ianus. Lipsiae (Teubner), 1854.</p>
+<p>XXV. XII Panegyrici Latini: recensuit Aemilius Baehrens.
+Lipsiae (Teubner), 1874.</p>
+<p>XXVI. Plutarchi Scripta Moralia, Graece et Latine: Parisiis,
+editore Ambrosio F. Didot, 1841.</p>
+<p>Plutarchi Vitae Parallelae: iterum recognovit Carolus Sintennis.
+Lipsiae (Teubner), 1884.</p>
+<p>XXVII. Ammiani Marcellini Rerum Gestarum libri qui
+supersunt: recensuit V. Gardthausen. Lipsiae (Teubner), 1875.</p>
+<p>XXVIII. Poetae Latini Minores: recensuit Aemilius Baehrens.
+Lipsiae (Teubner), 1883.</p>
+<br>
+
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_1"></a><a href="#FNanchor_1">[1]</a>
+<div class="note">
+<p> Paulus, iii, 4<i>a</i>, 1.</p>
+</div>
+<a name="Footnote_2"></a><a href="#FNanchor_2">[2]</a>
+<div class="note">
+<p> Ulpian, Tit., xx, 16. Gaius, ii, 112.</p>
+</div>
+<a name="Footnote_3"></a><a href="#FNanchor_3">[3]</a>
+<div class="note">
+<p> Male relatives on the father's side&#8212;agnati&#8212;were guardians
+in such cases; these failing, the judge of the supreme court
+(praetor) assigned one. See Ulpian, Tit., xi, 3, 4, and 24.
+Gaius, i, 185, and iii, 10. Libertae (freedwomen) took as guardians
+their former masters.</p>
+</div>
+<a name="Footnote_4"></a><a href="#FNanchor_4">[4]</a>
+<div class="note">
+<p> Ulpian, Tit., xi, 27.</p>
+</div>
+<a name="Footnote_5"></a><a href="#FNanchor_5">[5]</a>
+<div class="note">
+<p> The power of the father was called <i>potestas</i>; that of the
+husband,
+<i>manus</i>.</p>
+</div>
+<a name="Footnote_6"></a><a href="#FNanchor_6">[6]</a>
+<div class="note">
+<p> Aulus Gellius, x, 23. Cf. Suetonius, <i>Tiberius</i>, 35.</p>
+</div>
+<a name="Footnote_7"></a><a href="#FNanchor_7">[7]</a>
+<div class="note">
+<p> Gaius, i, 144.</p>
+</div>
+<a name="Footnote_8"></a><a href="#FNanchor_8">[8]</a>
+<div class="note">
+<p> Ulpian, Tit., xi, I.</p>
+</div>
+<a name="Footnote_9"></a><a href="#FNanchor_9">[9]</a>
+<div class="note">
+<p> Ulpian, Tit., xi, 28a. Gaius, i, 194. Paulus, iv, 9,
+1-9.</p>
+</div>
+<a name="Footnote_10"></a><a href="#FNanchor_10">[10]</a>
+<div class="note">
+<p> Gaius, i, 145. Ulpian, Tit., x, 5.</p>
+</div>
+<a name="Footnote_11"></a><a href="#FNanchor_11">[11]</a>
+<div class="note">
+<p> Gaius, i, 137. For an example see Pliny, <i>Letters</i>, viii, 18.
+Cf.
+Spartianus. <i>Didius Iulianus</i>, 8: filiam suam, potitus imperio,
+dato patrimonio, emancipaverat. See also Dio, 73, 7 (Xiphilin).
+</p>
+<p>If emancipated children insulted or injured their parents,
+they lost their independence&#8212;Codex, 8, 49 (50), 1.</p>
+</div>
+<a name="Footnote_12"></a><a href="#FNanchor_12">[12]</a>
+<div class="note">
+<p> Ulpian, Tit., viii, 7<i>a</i>.</p>
+</div>
+<a name="Footnote_13"></a><a href="#FNanchor_13">[13]</a>
+<div class="note">
+<p> Paulus, i, 4, 4; Mater, quae filiorum suorum rebus intervenit,
+actione negotiorum gestorum et ipsis et eorum tutoribus
+tenebitur.</p>
+</div>
+<a name="Footnote_14"></a><a href="#FNanchor_14">[14]</a>
+<div class="note">
+<p> Ulpian in Dig., 25, 3, 5.</p>
+</div>
+<a name="Footnote_15"></a><a href="#FNanchor_15">[15]</a>
+<div class="note">
+<p> For Livia's great influence over Augustus see Seneca, <i>de
+Clementia</i>, i, 9, 6. Tacitus, <i>Annals</i>, i, 3, 4, and 5, and
+ii, 34.
+Dio, 55, 14-21, and 56, 47.
+</p>
+<p>Agrippina dominated Claudius&#8212;Tacitus, <i>Annals</i>, xii, 37.
+Dio, 60, 33. Caenis, the concubine of Vespasian, amassed great
+wealth and sold public offices right and left&#8212;Dio, 65, 14. Plotina,
+wife of Trajan, engineered Hadrian's succession&#8212;Eutropius,
+viii, 6. Dio, 69, I. A concubine formed the conspiracy
+which overthrew Commodus&#8212;Herodian, i, 16-17. The plotting
+of Maesa put Heliogabalus on the throne&#8212;Capitolinus, <i>Macrinus</i>,
+9-10. Alexander Severus was ruled by his mother Mammaea&#8212;Lampridius,
+<i>Alex. Severus</i>, 14; Herodian, vi, i, i and 9.
+Gallienus invited women to his cabinet meetings&#8212;Trebellius
+Pollio, Gallienus, 16. The wives of governors took such a strenuous
+part in politics and army matters that it caused the Senate
+grave concern&#8212;see examples in Tacitus, Annals, in, 33 and 34,
+and iv, 20; also i, 69, and ii, 55; id. <i>Hist</i>., iii, 69.
+Vellcius Paterculus,
+ii, 74 (Fulvia).
+</p>
+<p>Of course, no woman ever had a right to vote; but neither did
+anybody else, since the Roman government had become an
+absolute despotism. The first woman on the throne was Pulcheria,
+who, in 450 A.D., was proclaimed Empress of the East,
+succeeding her brother, Theodosius II. But she soon took a
+husband and made him Emperor. She had been practically sole
+ruler since 414.</p>
+</div>
+<a name="Footnote_16"></a><a href="#FNanchor_16">[16]</a>
+<div class="note">
+<p> Plutarch, <i>Roman Questions</i>, 6. Aulus Gellius, x, 23.
+Athenaeus,
+x, 56.</p>
+</div>
+<a name="Footnote_17"></a><a href="#FNanchor_17">[17]</a>
+<div class="note">
+<p> Valerius Maximus, vi, 3, 9. For this he was not even blamed,
+but rather received praise for the excellent example.</p>
+</div>
+<a name="Footnote_18"></a><a href="#FNanchor_18">[18]</a>
+<div class="note">
+<p> Aulus Gellius, x, 23. A woman in the <i>Menaechmi</i> of Plautus,
+iv, 6, 1, complains justly of this double standard of morality:
+</p>
+<div class="poem">
+<div class="stanza">
+<p>Nam si vir scortum duxit clam uxorem suam,</p>
+<p>Id si rescivit uxor, impune est viro.</p>
+<p>Uxor viro si clam domo egressa est foras,</p>
+<p>Viro fit causa, exigitur matrimonio.</p>
+<p>Utinam lex esset cadem quae uxori est viro!</p>
+</div>
+</div>
+</div>
+<a name="Footnote_19"></a><a href="#FNanchor_19">[19]</a>
+<div class="note">
+<p> Aulus Gellius, i, 6.</p>
+</div>
+<a name="Footnote_20"></a><a href="#FNanchor_20">[20]</a>
+<div class="note">
+<p> De Consolatione ad Marciam, xvi, 1.</p>
+</div>
+<a name="Footnote_21"></a><a href="#FNanchor_21">[21]</a>
+<div class="note">
+<p> <i>Commentaries</i>, A, &#947;.</p>
+</div>
+<a name="Footnote_22"></a><a href="#FNanchor_22">[22]</a>
+<div class="note">
+<p> Quintilian, <i>Instit. Orat</i>., vi, 1, 5. Pliny, <i>Letters</i>,
+vi, 4 and 7,
+and vii, 5.</p>
+</div>
+<a name="Footnote_23"></a><a href="#FNanchor_23">[23]</a>
+<div class="note">
+<p> Great admiration expressed for Paulina, wife of Seneca, who
+opened her veins to accompany her husband in death&#8212;Tacitus,
+<i>Annals</i>, xv, 63, 64. Story of Arria and Paetus&#8212;Pliny, <i>Letters</i>,
+iii, 16. Martial, i, 13. The famous instance of Epponina,
+under Vespasian, and her attachment to her condemned husband&#8212;Tacitus,
+<i>Hist</i>., iv, 67. Tacitus mentions that many
+ladies accompanied their husbands to exile and death&#8212;<i>Annals</i>,
+xvi, 10, 11. Numerous instances are related by Pliny of tender
+and happy marriages, terminated only by death&#8212;see, e.g., <i>Letters</i>,
+viii, 5. Pliny the elder tells how M. Lepidus died of regret
+for his wife after being divorced from her&#8212;<i>N.H</i>., vii, 36.
+Valerius
+Maximus devotes a whole chapter to Conjugal Love&#8212;iv,
+6. But the best examples of deep affection are seen in tomb
+inscriptions&#8212;e.g., CIL i, 1103, viii, 8123, ii, 3596, v, 1, 3496, v, 2,
+7066, x, 8192, vi, 3, 15696, 15317, and 17690. Man and wife
+are often represented with arms thrown about one another's
+shoulders to signify that they were united in death as in life.
+The poet Statius remarks that "to love a wife when she is living
+is pleasure; to love her when dead, a solemn duty" (Silvae,
+in prooemio). Yet some theologians would have us believe that
+conjugal love and fidelity is an invention of Christianity.</p>
+</div>
+<a name="Footnote_24"></a><a href="#FNanchor_24">[24]</a>
+<div class="note">
+<p> Pliny, <i>Panegyricus</i>, 26. For other instances see
+Capitolinus,
+<i>Anton. Pius</i>, 8; Lampridius, <i>Alex. Severus</i>, 57;
+Spartianus,
+Hadrian, 7, 8, 9; Capitolinus, <i>M. Anton. Phil</i>., 11.</p>
+</div>
+<a name="Footnote_25"></a><a href="#FNanchor_25">[25]</a>
+<div class="note">
+<p> Gaius, i, 190.</p>
+</div>
+<a name="Footnote_26"></a><a href="#FNanchor_26">[26]</a>
+<div class="note">
+<p> Ulpian, Tit. xi, 25. Cf. Frag, iur Rom. Vatic. (Huschke,
+325): Divi Diocletianus et Constantius Aureliae Pontiae: Actor
+rei forum sequi debet et mulier quoque facere procuratorem
+<i>sine tutoris auctoritate non prohibetur</i>. So Papinian, lib. xv,
+Responsorum (Huschke, 327). I shall discuss these matters
+at greater length when I treat of women and the management of
+their property.</p>
+</div>
+<a name="Footnote_27"></a><a href="#FNanchor_27">[27]</a>
+<div class="note">
+<p> Dio, 54, 16. Pomponius in Dig., 23, 2, 4.</p>
+</div>
+<a name="Footnote_28"></a><a href="#FNanchor_28">[28]</a>
+<div class="note">
+<p> Gaius, i, 113.</p>
+</div>
+<a name="Footnote_29"></a><a href="#FNanchor_29">[29]</a>
+<div class="note">
+<p> Ulpian, Tit., ix, 1: Farreo convenit uxor in manum certis
+verbis et testibus X praesentibus et sollemni sacrificio facto, in
+quo panis quoque farreus adhibetur. Cf. Gaius, i, 112.</p>
+</div>
+<a name="Footnote_30"></a><a href="#FNanchor_30">[30]</a>
+<div class="note">
+<p> Aulus Gellius, iii, 2, 12. Gaius, i, 111.</p>
+</div>
+<a name="Footnote_31"></a><a href="#FNanchor_31">[31]</a>
+<div class="note">
+<p> Gaius, i, 110 and 111.</p>
+</div>
+<a name="Footnote_32"></a><a href="#FNanchor_32">[32]</a>
+<div class="note">
+<p> Paulus, ii, xix, 8.</p>
+</div>
+<a name="Footnote_33"></a><a href="#FNanchor_33">[33]</a>
+<div class="note">
+<p> Pliny, <i>Letters</i>, i, 14, will furnish an example; cf. id. vi,
+26, to
+Servianus: Gaudeo et gratulor, quod Fusco Salinatori filiam
+tuam destinasti. Note the way in which Julius Caesar arranged
+a match for his daughter&#8212;Suetonius, <i>Divus Julius</i>, 21.</p>
+</div>
+<a name="Footnote_34"></a><a href="#FNanchor_34">[34]</a>
+<div class="note">
+<p> Paulus in Dig., 23, 2, 2: Nuptiae consistere non possunt,
+nisi consentiunt omnes, id est, qui coeunt quorumque in potestate
+sunt.</p>
+</div>
+<a name="Footnote_35"></a><a href="#FNanchor_35">[35]</a>
+<div class="note">
+<p> Julianus in Dig., 23, 1, 11.</p>
+</div>
+<a name="Footnote_36"></a><a href="#FNanchor_36">[36]</a>
+<div class="note">
+<p> Ulpian in Dig., 23, 1, 12.</p>
+</div>
+<a name="Footnote_37"></a><a href="#FNanchor_37">[37]</a>
+<div class="note">
+<p> Paulus in Dig., 23, 1, 13. Terentius Clemens in Dig., 23,
+2, 21.</p>
+</div>
+<a name="Footnote_38"></a><a href="#FNanchor_38">[38]</a>
+<div class="note">
+<p> Paulus, ii, 19, 2.</p>
+</div>
+<a name="Footnote_39"></a><a href="#FNanchor_39">[39]</a>
+<div class="note">
+<p> Ulpian, 24, 17.</p>
+</div>
+<a name="Footnote_40"></a><a href="#FNanchor_40">[40]</a>
+<div class="note">
+<p> Cf. Ulpian, Tit., vi, 6: Divortio facto, si quidem sui juris sit
+muller, ipsa habet rei uxoriae actionem, id est, dotis repetitionem;
+quodsi in potestate patris sit, pater adiuncta filiae persona habet
+actionem.
+</p>
+<p>The technical recognition of the father's power was still strong.
+Cf. Pliny, <i>Panegyricus</i>, 38: Tu quidem, Caesar ... intuitus,
+opinor, vim legemque naturae, quae semper in dicione parentum
+esse liberos iussit. The same writer, on requesting Trajan
+to give citizenship to the children of a certain freedman, is careful
+to add the specification that they are to remain in their father's
+power&#8212;see Pliny to Trajan, xi (vi).</p>
+</div>
+<a name="Footnote_41"></a><a href="#FNanchor_41">[41]</a>
+<div class="note">
+<p> Paulus, vi, 15. Codex, v, 4, 11, and 17, 5.</p>
+</div>
+<a name="Footnote_42"></a><a href="#FNanchor_42">[42]</a>
+<div class="note">
+<p> Paulus, in Dig., 23, 3, 28. Codex, v, 13, 1, and 18, 1.</p>
+</div>
+<a name="Footnote_43"></a><a href="#FNanchor_43">[43]</a>
+<div class="note">
+<p> Codex, v, 17, 5.</p>
+</div>
+<a name="Footnote_44"></a><a href="#FNanchor_44">[44]</a>
+<div class="note">
+<p> Salvius Julianus: Frag. Perp. Ed.: Pars Prima, vii&#8212;under
+"De is qui notantur infamia."</p>
+</div>
+<a name="Footnote_45"></a><a href="#FNanchor_45">[45]</a>
+<div class="note">
+<p> Codex, 8, 46 (47), 5.</p>
+</div>
+<a name="Footnote_46"></a><a href="#FNanchor_46">[46]</a>
+<div class="note">
+<p> Aulus Gellius, iv, 4.</p>
+</div>
+<a name="Footnote_47"></a><a href="#FNanchor_47">[47]</a>
+<div class="note">
+<p> Juvenal, vi, 200-203. Gaius in Dig., 24, 2, 2. Ulpian, ibid.,
+23, I, 10. Codex, v, 17, 2, and v, I, I.</p>
+</div>
+<a name="Footnote_48"></a><a href="#FNanchor_48">[48]</a>
+<div class="note">
+<p> Codex, v, 3, 2.</p>
+</div>
+<a name="Footnote_49"></a><a href="#FNanchor_49">[49]</a>
+<div class="note">
+<p> Dig., 3, 2, 1.</p>
+</div>
+<a name="Footnote_50"></a><a href="#FNanchor_50">[50]</a>
+<div class="note">
+<p> Ulpian in Dig., 47, 10, 24.</p>
+</div>
+<a name="Footnote_51"></a><a href="#FNanchor_51">[51]</a>
+<div class="note">
+<p> Cf. Alexander Severus in Codex, viii, 38, 2: Libera matrimonia
+esse antiquitus placuit, etc. Also Codex, v, 4, 8 and 14.</p>
+</div>
+<a name="Footnote_52"></a><a href="#FNanchor_52">[52]</a>
+<div class="note">
+<p> Modestinus in Dig., xxiii, 2, 1.</p>
+</div>
+<a name="Footnote_53"></a><a href="#FNanchor_53">[53]</a>
+<div class="note">
+<p> Gaius, ii, 159.</p>
+</div>
+<a name="Footnote_54"></a><a href="#FNanchor_54">[54]</a>
+<div class="note">
+<p> Paulus, ii, xx, 1.</p>
+</div>
+<a name="Footnote_55"></a><a href="#FNanchor_55">[55]</a>
+<div class="note">
+<p> Note the rescript of Alexander Severus to a certain Aquila
+(Codex, ii, 18, 13): Quod in uxorem tuam aegram erogasti, non a
+socero repetere, sed adfectioni tuae debes expendere.</p>
+</div>
+<a name="Footnote_56"></a><a href="#FNanchor_56">[56]</a>
+<div class="note">
+<p> See, e.g., Dig., 47, 10, and Ulpian, ibid., 48, 14, 27.</p>
+</div>
+<a name="Footnote_57"></a><a href="#FNanchor_57">[57]</a>
+<div class="note">
+<p> Cf. Gaius, i, 141: In summa admonendi sumus, adversus eos,
+quos in mancipio habemus, nihil nobis contumeliose facere licere;
+alioquin iniuriarum (actione) tenebimur.</p>
+</div>
+<a name="Footnote_58"></a><a href="#FNanchor_58">[58]</a>
+<div class="note">
+<p> Paulus, i, 21, 13.</p>
+</div>
+<a name="Footnote_59"></a><a href="#FNanchor_59">[59]</a>
+<div class="note">
+<p> Paulus, i, 21, 14.</p>
+</div>
+<a name="Footnote_60"></a><a href="#FNanchor_60">[60]</a>
+<div class="note">
+<p> Codex, ii, 11, 15</p>
+</div>
+<a name="Footnote_61"></a><a href="#FNanchor_61">[61]</a>
+<div class="note">
+<p> Paulus in Dig., iii, 2, 9.</p>
+</div>
+<a name="Footnote_62"></a><a href="#FNanchor_62">[62]</a>
+<div class="note">
+<p> Aulus Gellius, xvii, 6, speech of Cato: Principio vobis mulier
+magnam dotem adtulit; tum magnam pecuniam recipit, quam in
+viri potestatem non committit, ean pecuniam viro mutuam dat;
+postea, ubi irata facta est, servum recepticum sectari atque
+flagitare virum iubet.</p>
+</div>
+<a name="Footnote_63"></a><a href="#FNanchor_63">[63]</a>
+<div class="note">
+<p> Paulus in Dig., 23, 3, 2.</p>
+</div>
+<a name="Footnote_64"></a><a href="#FNanchor_64">[64]</a>
+<div class="note">
+<p> Pomponius in Dig., 24, 3, 1.</p>
+</div>
+<a name="Footnote_65"></a><a href="#FNanchor_65">[65]</a>
+<div class="note">
+<p> Ulpian in Dig., 23, 3, 7.</p>
+</div>
+<a name="Footnote_66"></a><a href="#FNanchor_66">[66]</a>
+<div class="note">
+<p> Tryfoninus in Dig., 23, 3, 75.</p>
+</div>
+<a name="Footnote_67"></a><a href="#FNanchor_67">[67]</a>
+<div class="note">
+<p> Gaius, ii, 63. Paulus, ii, 21b.</p>
+</div>
+<a name="Footnote_68"></a><a href="#FNanchor_68">[68]</a>
+<div class="note">
+<p> E.g. Juvenal, vi, 136-141. Martial, viii, 12.</p>
+</div>
+<a name="Footnote_69"></a><a href="#FNanchor_69">[69]</a>
+<div class="note">
+<p> Apuleius <i>Apologia</i>, 523: Pleraque tamen rei familiaris in
+nomen uxoris callidissima fraude confert, etc.; id., 545, 546 proves
+further the power of the wife: ea condicione factam conjunctionem,
+si nullis a me susceptis liberis vita demigrasset, ut dos
+omnis, etc.&#8212;evidently the woman was dictating the disposal
+of her dowry.</p>
+</div>
+<a name="Footnote_70"></a><a href="#FNanchor_70">[70]</a>
+<div class="note">
+<p> Ulpian, Tit., vi, 3, 4, and 5. Codex, v, 18, 4.</p>
+</div>
+<a name="Footnote_71"></a><a href="#FNanchor_71">[71]</a>
+<div class="note">
+<p> Ulpian in Dig., xi, 7, 16; ibid., Papinian, 17; ibid, Julianus,
+18. Paulus, i, xxi, 11.</p>
+</div>
+<a name="Footnote_72"></a><a href="#FNanchor_72">[72]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 20, 3.</p>
+</div>
+<a name="Footnote_73"></a><a href="#FNanchor_73">[73]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 20, 5.</p>
+</div>
+<a name="Footnote_74"></a><a href="#FNanchor_74">[74]</a>
+<div class="note">
+<p> Ulpian in Dig., 24, 1, 1: Moribus apud nos receptum est,
+ne inter virum et uxorem donationes valerent, hoc autem receptum
+est, ne mutuo amore invicem spoliarentur, donationibus
+non temperantes, sed profusa erga se facilitate.</p>
+</div>
+<a name="Footnote_75"></a><a href="#FNanchor_75">[75]</a>
+<div class="note">
+<p> Paulus in Dig., 24, 1, 14.</p>
+</div>
+<a name="Footnote_76"></a><a href="#FNanchor_76">[76]</a>
+<div class="note">
+<p> Gaius in Dig., 24, 1, 42; ibid., Licinius Rufus, 41; Ulpian, Tit.
+vii, 1. Martial, vii, 64&#8212;et post hoc dominae munere factus
+eques.</p>
+</div>
+<a name="Footnote_77"></a><a href="#FNanchor_77">[77]</a>
+<div class="note">
+<p> Paulus, ii, xxiii, 1.</p>
+</div>
+<a name="Footnote_78"></a><a href="#FNanchor_78">[78]</a>
+<div class="note">
+<p> Cf. Paulus, ii, xxiii, 2.</p>
+</div>
+<a name="Footnote_79"></a><a href="#FNanchor_79">[79]</a>
+<div class="note">
+<p> Paulus in Dig., 25, 2, 1. Codex, v, 21, 2.</p>
+</div>
+<a name="Footnote_80"></a><a href="#FNanchor_80">[80]</a>
+<div class="note">
+<p> Gaius in Dig., 25, 2, 2.</p>
+</div>
+<a name="Footnote_81"></a><a href="#FNanchor_81">[81]</a>
+<div class="note">
+<p> Paulus in Dig., 25, 2, 3.</p>
+</div>
+<a name="Footnote_82"></a><a href="#FNanchor_82">[82]</a>
+<div class="note">
+<p> Ulpian in Dig., 47, 2, 52. The respect shown for family
+relations may be seen also from the fact that a son could <i>complain&#8212;de
+facto matris queri</i>&#8212;if he believed that his mother had
+brought in supposititious offspring to defraud him of some of
+his inheritance; but he was strictly forbidden to bring her into
+court with a public and criminal action&#8212;Macer in Dig., 48, 2,
+11: <i>sed ream eam lege Cornelia facere permissum ei non est</i>.</p>
+</div>
+<a name="Footnote_83"></a><a href="#FNanchor_83">[83]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 14, 27.</p>
+</div>
+<a name="Footnote_84"></a><a href="#FNanchor_84">[84]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 5, 14 (13): Iudex adulterii ante oculos
+habere debet et inquirere, an maritus pudice vivens mulieri
+quoque bonos mores colendi auctor fuerit periniquum enim videtur
+esse, ut pudicitiam vir ab uxore exigat, quam ipse non exhibeat.
+Cf. Seneca, <i>Ep</i>., 94: Scis improbum esse qui ab uxore pudicitiam
+exigit, ipse alienarum corruptor uxorum. Scis ut illi nil cum
+adultero, sic nihil tibi esse debere cum pellice. Antoninus
+Pius gave a husband a bill for adultery against his wife "Provided
+it is established that by your life you give her an example
+of fidelity. It would be unjust that a husband should
+demand a fidelity which he does not himself keep"&#8212;quoted by St.
+Augustine, de Conj. Adult., ii, ch. 8. In view of these explicit
+statements it is difficult to see what the Church Father Lactantius
+meant by asserting (<i>de Vero Cultu</i>, 23): Non enim, sicut iuris
+publici
+ratio est, sola mulier adultera est, quae habet alium; maritus
+autem, etiamsi plures habeat, a crimine adulterii solutus est.
+Perhaps this deliberate distortion of the truth was another one
+of the libels against pagan Rome of which the pious Fathers are
+so fond "for the good of the Church."</p>
+</div>
+<a name="Footnote_85"></a><a href="#FNanchor_85">[85]</a>
+<div class="note">
+<p> Papinian in Dig., 48, 5, 21 (20); ibid., Ulpian, 24 (23). Paulus,
+ii, xxvi.</p>
+</div>
+<a name="Footnote_86"></a><a href="#FNanchor_86">[86]</a>
+<div class="note">
+<p> Macer in Dig., 48, 5, 25 (24).</p>
+</div>
+<a name="Footnote_87"></a><a href="#FNanchor_87">[87]</a>
+<div class="note">
+<p> Papinian in Dig., 48, 5, 23 (22).</p>
+</div>
+<a name="Footnote_88"></a><a href="#FNanchor_88">[88]</a>
+<div class="note">
+<p> Papinian in Dig., 48, 5, 39 (38); ibid., Marcianus, 48, 8, 1.</p>
+</div>
+<a name="Footnote_89"></a><a href="#FNanchor_89">[89]</a>
+<div class="note">
+<p> Paulus, ii, xxvi. Macer in Dig., 48, 5, 25 (24), ibid., Ulpian,
+48, 5, 30 (29).</p>
+</div>
+<a name="Footnote_90"></a><a href="#FNanchor_90">[90]</a>
+<div class="note">
+<p> Paulus, ii, xxvi.</p>
+</div>
+<a name="Footnote_91"></a><a href="#FNanchor_91">[91]</a>
+<div class="note">
+<p> Juvenal, x. 317; quosdam moechos et mugilis intrat. Cf.
+Catullus, 15, 19.</p>
+</div>
+<a name="Footnote_92"></a><a href="#FNanchor_92">[92]</a>
+<div class="note">
+<p> See, e.g., Capitolinus, <i>Anton</i>. <i>Pius</i>, 3. Spartianus,
+<i>Sept.
+Severus</i>, 18, Pliny, <i>Panegyricus</i>, 83: multis illustribus
+dedecori
+fuit aut inconsultius uxor assumpta aut retenta patientius, etc.</p>
+</div>
+<a name="Footnote_93"></a><a href="#FNanchor_93">[93]</a>
+<div class="note">
+<p> Pliny, <i>Letters</i>, vi, 31.</p>
+</div>
+<a name="Footnote_94"></a><a href="#FNanchor_94">[94]</a>
+<div class="note">
+<p> Paulus, ii, xxvi, 15.</p>
+</div>
+<a name="Footnote_95"></a><a href="#FNanchor_95">[95]</a>
+<div class="note">
+<p> Valerius Maximus, ii, 1, 6.</p>
+</div>
+<a name="Footnote_96"></a><a href="#FNanchor_96">[96]</a>
+<div class="note">
+<p> Aulus Gellius, xvii, 21, 44. Valerius Maximus, ii, 1, 4.
+Plutarch, <i>Roman Questions</i>, 14.</p>
+</div>
+<a name="Footnote_97"></a><a href="#FNanchor_97">[97]</a>
+<div class="note">
+<p> Valerius Maximus, vi, 3, 12.</p>
+</div>
+<a name="Footnote_98"></a><a href="#FNanchor_98">[98]</a>
+<div class="note">
+<p> "If you should catch your wife in adultery, you would put
+her to death with impunity; she, on her part, would not dare to
+touch you with her finger; and it is not right that she should"&#8212;Speech
+of Cato the Censor, quoted by Aulus Gellius, x, 23.</p>
+</div>
+<a name="Footnote_99"></a><a href="#FNanchor_99">[99]</a>
+<div class="note">
+<p> E.g., Marcellus in Dig., 24, 3, 38: Maevia Titio repudium
+misit, etc.; ibid., Africanus, 24, 3, 34: Titia divortium a Seio
+fecit, etc. Martial, x, 41: Mense novo lani veterem, Proculeia,
+maritum Deseris, atque iubes res sibi habere suas. Apuleius,
+<i>Apologia</i>, 547: utramvis habens culpam mulier, quae aut tam
+intolerabilis fuit ut repudiaretur aut tam insolens ut repudiaret.
+</p>
+<p><i>Novellae</i>, 140, 1: Antiquitus quidem licebat sine periculo
+tales [i.e., those of incompatible temperament] ab invicem
+separari secundum communem voluntatem et consensum.</p>
+</div>
+<a name="Footnote_100"></a><a href="#FNanchor_100">[100]</a>
+<div class="note">
+<p> Martial, vi, 7.</p>
+</div>
+<a name="Footnote_101"></a><a href="#FNanchor_101">[101]</a>
+<div class="note">
+<p> Aulus Gellius, x, 15: Matrimonium flaminis nisi morte dirimi
+ius non est.</p>
+</div>
+<a name="Footnote_102"></a><a href="#FNanchor_102">[102]</a>
+<div class="note">
+<p> Tacitus, <i>Annals</i>, iv, 16.</p>
+</div>
+<a name="Footnote_103"></a><a href="#FNanchor_103">[103]</a>
+<div class="note">
+<p> Ulpian, vi, 6; id. in Dig., 24, 3, 2. Pauli fragmentam in
+Boethii commentario ad Topica, 2, 4, 19.</p>
+</div>
+<a name="Footnote_104"></a><a href="#FNanchor_104">[104]</a>
+<div class="note">
+<p> Paulus in Dig. ii,3, 41.</p>
+</div>
+<a name="Footnote_105"></a><a href="#FNanchor_105">[105]</a>
+<div class="note">
+<p> Ulpian, vi, 13.</p>
+</div>
+<a name="Footnote_106"></a><a href="#FNanchor_106">[106]</a>
+<div class="note">
+<p> Ulpian, vi, 9-17, and vii, 2-3. Pauli frag, in Boethii comm.
+ad Top., ii, 4, 19.</p>
+</div>
+<a name="Footnote_107"></a><a href="#FNanchor_107">[107]</a>
+<div class="note">
+<p> Ulpian, xiv: feminis lex Iulia a morte viri anni tribuit
+vacationem, a divortio sex mensum; lex autem Papia a morte
+viri biennii, a repudio anni et sex mensum.</p>
+</div>
+<a name="Footnote_108"></a><a href="#FNanchor_108">[108]</a>
+<div class="note">
+<p> Ulpian in Dig., 25, 3, 1. Paulus, ii, xxiv, 5.</p>
+</div>
+<a name="Footnote_109"></a><a href="#FNanchor_109">[109]</a>
+<div class="note">
+<p> Ulpian in Dig., 25, 4, 8.</p>
+</div>
+<a name="Footnote_110"></a><a href="#FNanchor_110">[110]</a>
+<div class="note">
+<p> Codex, v, 24, 1.</p>
+</div>
+<a name="Footnote_111"></a><a href="#FNanchor_111">[111]</a>
+<div class="note">
+<p> Codex, vi, 60, 1: Res, quae ex matris successione fuerint ad
+filios devolutae, ita sint in parentum potestate, ut fruendi
+dumtaxat habeant facultatem, dominio videlicet carum ad liberos
+pertinente.</p>
+</div>
+<a name="Footnote_112"></a><a href="#FNanchor_112">[112]</a>
+<div class="note">
+<p> Neratius in Dig., 26, 1, 18.</p>
+</div>
+<a name="Footnote_113"></a><a href="#FNanchor_113">[113]</a>
+<div class="note">
+<p> Codex, v, 35, 1.</p>
+</div>
+<a name="Footnote_114"></a><a href="#FNanchor_114">[114]</a>
+<div class="note">
+<p> Codex, ii, 12, 18: alienam suscipere defensionem virile officium
+est ... filio itaque tuo, si pupillus est, tutorem pete.</p>
+</div>
+<a name="Footnote_115"></a><a href="#FNanchor_115">[115]</a>
+<div class="note">
+<p> Ulpian, Tit. viii, 7<i>a</i>. Paulus, i, 4, 4.</p>
+</div>
+<a name="Footnote_116"></a><a href="#FNanchor_116">[116]</a>
+<div class="note">
+<p> <i>ad Helviam matrem de consol</i>., xiv, 3.</p>
+</div>
+<a name="Footnote_117"></a><a href="#FNanchor_117">[117]</a>
+<div class="note">
+<p> Other instances of women trustees will be found in Apuleius,
+<i>Apologia</i> 516; Paulus in Dig; iii, 5,23 (24): avia nepotis sui
+negotia gessit, etc.; ibid., Marcellus, 46, 3, 48: Titia cum
+propter dotem bona mariti possideret, omnia pro domina egit,
+reditus exegit, etc.</p>
+</div>
+<a name="Footnote_118"></a><a href="#FNanchor_118">[118]</a>
+<div class="note">
+<p> Tacitus, <i>Agricola</i>, 43.</p>
+</div>
+<a name="Footnote_119"></a><a href="#FNanchor_119">[119]</a>
+<div class="note">
+<p> Frag. iur. Rom. Vat., 282.</p>
+</div>
+<a name="Footnote_120"></a><a href="#FNanchor_120">[120]</a>
+<div class="note">
+<p> Ulpian, viii, 7a.</p>
+</div>
+<a name="Footnote_121"></a><a href="#FNanchor_121">[121]</a>
+<div class="note">
+<p> Gaius, ii, 227. Digest, 35, 2.</p>
+</div>
+<a name="Footnote_122"></a><a href="#FNanchor_122">[122]</a>
+<div class="note">
+<p> E.g. Pliny, <i>Letters</i>, v, 1. Codex, iii, 28, 19; id., iii,
+28, 28.
+Cf. Codex, iii, 29, I, and 29, 7; and Paulus in Dig., v, 2, 19. Note
+the extreme anxiety of the son of Prudentilla about her money
+as given by Apuleius, <i>Apologia</i>, 517. The estate of a mother
+who died intestate went to her children, not to her husband;
+the latter could only enjoy the interest until they arrived at
+maturity&#8212;Codex, vi, 60, 1; Modestinus in Dig., 38, 17, 4.</p>
+</div>
+<a name="Footnote_123"></a><a href="#FNanchor_123">[123]</a>
+<div class="note">
+<p> E.g., Juvenal, iv, 18-21. Pliny, <i>Letters</i>, ii, 20.</p>
+</div>
+<a name="Footnote_124"></a><a href="#FNanchor_124">[124]</a>
+<div class="note">
+<p> Digest, xiv, 1 and 3 and 8&#8212;on the actio exercitoria and institoria.
+Cf. Codex, iv, 25, 4: et si a muliere magister navis praepositus
+fuerit, etc.</p>
+</div>
+<a name="Footnote_125"></a><a href="#FNanchor_125">[125]</a>
+<div class="note">
+<p> CIL, xiv, 326.</p>
+</div>
+<a name="Footnote_126"></a><a href="#FNanchor_126">[126]</a>
+<div class="note">
+<p> Martial, xi, 71. Apuleius, <i>Metam</i>., v, 10. Soranus, i, 1,
+ch.
+1 and 2. Galen, vii, 414 (cf. xiii, 341).</p>
+</div>
+<a name="Footnote_127"></a><a href="#FNanchor_127">[127]</a>
+<div class="note">
+<p> E.g. Suetonius, <i>Nero</i>, 27.</p>
+</div>
+<a name="Footnote_128"></a><a href="#FNanchor_128">[128]</a>
+<div class="note">
+<p> Carmina Priapea, 18 and 27. Ulpian, xiii, 1. The Roman
+drama had now degenerated into mere vaudeville, mostly lascivious
+dancing. Senators and their children were forbidden to
+marry any woman who had herself or whose father or mother
+had been on the stage.</p>
+</div>
+<a name="Footnote_129"></a><a href="#FNanchor_129">[129]</a>
+<div class="note">
+<p> Martial, ii, 17, 1.</p>
+</div>
+<a name="Footnote_130"></a><a href="#FNanchor_130">[130]</a>
+<div class="note">
+<p> Petronius, <i>Sat</i>., 45: Titus noster ... habet et mulierem
+essedariam.
+This would not be strange, when we reflect that under
+Domitian noble ladies even fought in the arena.</p>
+</div>
+<a name="Footnote_131"></a><a href="#FNanchor_131">[131]</a>
+<div class="note">
+<p> <i>Thesmophoriazusae</i>, 443-459.</p>
+</div>
+<a name="Footnote_132"></a><a href="#FNanchor_132">[132]</a>
+<div class="note">
+<p> See Cicero, <i>pro Caecina</i>, 5, for an account of these
+business
+agents for women.</p>
+</div>
+<a name="Footnote_133"></a><a href="#FNanchor_133">[133]</a>
+<div class="note">
+<p> Paulus, ii, xi; id. in Dig., 16, 1, 1; Aulus Gellius, v, 19;
+Pomponius
+in Dig., 48, 2, 1: non est permissum mulieri publico iudicio
+quemquam reum facere.</p>
+</div>
+<a name="Footnote_134"></a><a href="#FNanchor_134">[134]</a>
+<div class="note">
+<p> Ulpian in Dig., 1, 16, 9. Salvius Julianus, Pars Prima, vi:
+si non habebunt advocatum, ego dabo. Alexander Severus
+(222-235 A.D.) gave pensions to those advocates in the provinces
+who pleaded free of charge&#8212;Lampridius, <i>Alex. Severus</i>, 44.</p>
+</div>
+<a name="Footnote_135"></a><a href="#FNanchor_135">[135]</a>
+<div class="note">
+<p> Cf. Paulus in Dig., 23, 3, 28. Codex, v, 13, 1, and 18, 1.
+Ulpian in Dig., iii, 3, 8.</p>
+</div>
+<a name="Footnote_136"></a><a href="#FNanchor_136">[136]</a>
+<div class="note">
+<p> Gaius, i, 137.</p>
+</div>
+<a name="Footnote_137"></a><a href="#FNanchor_137">[137]</a>
+<div class="note">
+<p> Frag. iur. Rom. Vat., 325; id., 327 (from Papinian): mulieres
+quoque et sine tutoris auctoritate procuratorem facere posse.</p>
+</div>
+<a name="Footnote_138"></a><a href="#FNanchor_138">[138]</a>
+<div class="note">
+<p> Ulpian in Dig., iii, 3, 8; ibid., Paulus, iii, 3, 41.</p>
+</div>
+<a name="Footnote_139"></a><a href="#FNanchor_139">[139]</a>
+<div class="note">
+<p> Ulpian in Dig., iii, 5, 3.</p>
+</div>
+<a name="Footnote_140"></a><a href="#FNanchor_140">[140]</a>
+<div class="note">
+<p> Pomponius in Dig., 48, 2, 1; ibid., Papinian, 48, 2, 2&#8212;who
+adds that she could also do so in a case regarding the will of a
+mother or father's freedman.</p>
+</div>
+<a name="Footnote_141"></a><a href="#FNanchor_141">[141]</a>
+<div class="note">
+<p> Marcianus in Dig., 48, 2, 13.</p>
+</div>
+<a name="Footnote_142"></a><a href="#FNanchor_142">[142]</a>
+<div class="note">
+<p> Papinian in Dig., 48, 4, 8.</p>
+</div>
+<a name="Footnote_143"></a><a href="#FNanchor_143">[143]</a>
+<div class="note">
+<p> Juvenal, vi, 242&#8212;245.</p>
+</div>
+<a name="Footnote_144"></a><a href="#FNanchor_144">[144]</a>
+<div class="note">
+<p> Valerius Maximus, viii, 3, 3. Appian, <i>B.C</i>., iv, 32 ff.
+Quintilian,
+i, 1, 6.</p>
+</div>
+<a name="Footnote_145"></a><a href="#FNanchor_145">[145]</a>
+<div class="note">
+<p> Valerius Maximus, viii, 3, 2.</p>
+</div>
+<a name="Footnote_146"></a><a href="#FNanchor_146">[146]</a>
+<div class="note">
+<p> Quintilian, ix, 2, 20 and 34.</p>
+</div>
+<a name="Footnote_147"></a><a href="#FNanchor_147">[147]</a>
+<div class="note">
+<p> E.g., Pliny <i>Letters</i>, i, 5, and iv, 17.</p>
+</div>
+<a name="Footnote_148"></a><a href="#FNanchor_148">[148]</a>
+<div class="note">
+<p> E.g., Huschke, pp. 796, 797, 803, 807, 809, 810, 856, 857, 858.
+Or instances such as that mentioned in Digest, 48, 2, 18, where a
+sister brings an action to prove her brother's will a forgery.</p>
+</div>
+<a name="Footnote_149"></a><a href="#FNanchor_149">[149]</a>
+<div class="note">
+<p> Pliny, <i>Letters</i>, vi, 33.</p>
+</div>
+<a name="Footnote_150"></a><a href="#FNanchor_150">[150]</a>
+<div class="note">
+<p> Paulus in Dig., 22, 6, 9.</p>
+</div>
+<a name="Footnote_151"></a><a href="#FNanchor_151">[151]</a>
+<div class="note">
+<p> Fully treated in Dig., 16, 1, and Paulus, ii, xi.</p>
+</div>
+<a name="Footnote_152"></a><a href="#FNanchor_152">[152]</a>
+<div class="note">
+<p> Ulpian in Dig., 16, 1, 2.</p>
+</div>
+<a name="Footnote_153"></a><a href="#FNanchor_153">[153]</a>
+<div class="note">
+<p> Aulus Gellius, xvii, 6. St. Augustine, de Civit. Dei, iii, 21:
+nam tunc, id est inter secundum et postremum bellum Carthaginiense,
+lata est etiam illa lex Voconis, ne quis heredem
+feminam faceret, nec unicam filiam.</p>
+</div>
+<a name="Footnote_154"></a><a href="#FNanchor_154">[154]</a>
+<div class="note">
+<p> Dio, 56, 10.</p>
+</div>
+<a name="Footnote_155"></a><a href="#FNanchor_155">[155]</a>
+<div class="note">
+<p> Aulus Gellius, xx, 1, 23. According to Dio, 56, 10, it was
+Augustus who in the year 9 A.D. gave women permission to inherit
+any amount.</p>
+</div>
+<a name="Footnote_156"></a><a href="#FNanchor_156">[156]</a>
+<div class="note">
+<p> Fully treated in Dig., 35, 2. Also in Gaius, ii, 227, and
+Paulus, iii, viii, 1-3, and iv, 3, 3, and 5 and 6.</p>
+</div>
+<a name="Footnote_157"></a><a href="#FNanchor_157">[157]</a>
+<div class="note">
+<p> Paulus, iv, Tit. v, 1. Cases in which "Complaints of Undutiful
+Will" were the issue will be found, e.g., in Codex, iii,
+28, 1 and 19 and 28; id., iii, 29, 1 and 7.</p>
+</div>
+<a name="Footnote_158"></a><a href="#FNanchor_158">[158]</a>
+<div class="note">
+<p> Ulpian in Dig., 38, 16, 1: suos heredes accipere debemus
+filios filias sive naturales sive adoptivos. Instances of daughters
+being left heiresses of whole estates may be found, e.g., in Dig.,
+28, 2, 19: cum quidam filiam ex asse heredem scripsisset
+filioque, quem in potestate habebat, decem legasset, etc. Or
+the example mentioned by Scaevola in Dig., 41, 9, 3: Duae
+filiae intestato patri heres exstiterunt, etc.</p>
+</div>
+<a name="Footnote_159"></a><a href="#FNanchor_159">[159]</a>
+<div class="note">
+<p> Callistratus in Dig., 48, 19, 26: crimen vel poena paterna
+nullam maculam filio infligere potest. namque unusquisque ex
+suo admisso sorti subicitur nec alieni criminis successor constituitur;
+idque divi fratres Hierapolitanis rescripserunt. "Nothing
+is more unjust," writes Seneca (de Ira, ii, 34, 3), "than
+that any one should become the heir of the odium excited by his
+father."</p>
+</div>
+<a name="Footnote_160"></a><a href="#FNanchor_160">[160]</a>
+<div class="note">
+<p> Paulus, v, xii, 1.</p>
+</div>
+<a name="Footnote_161"></a><a href="#FNanchor_161">[161]</a>
+<div class="note">
+<p> Paulus, v, xii, 12.</p>
+</div>
+<a name="Footnote_162"></a><a href="#FNanchor_162">[162]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 4, 11.</p>
+</div>
+<a name="Footnote_163"></a><a href="#FNanchor_163">[163]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 4, 11.</p>
+</div>
+<a name="Footnote_164"></a><a href="#FNanchor_164">[164]</a>
+<div class="note">
+<p> Hermogenianus in Dig., 48, 4, 9.</p>
+</div>
+<a name="Footnote_165"></a><a href="#FNanchor_165">[165]</a>
+<div class="note">
+<p> Sulla had not only deprived the children of the proscribed of
+all their estates, but had also debarred them from aspiring to any
+political office&#8212;see Velleius Paterculus, ii, 28.</p>
+</div>
+<a name="Footnote_166"></a><a href="#FNanchor_166">[166]</a>
+<div class="note">
+<p> For examples of the clemency of Augustus see Suetonius,
+<i>div. Aug.</i>, 33 and 51 and 67; Seneca, <i>de Ira</i>, iii, 23, 4
+ff., and
+40, 2; Velleius Paterculus, ii, 86, 87.</p>
+</div>
+<a name="Footnote_167"></a><a href="#FNanchor_167">[167]</a>
+<div class="note">
+<p> For Tiberius see, e.g., Tacitus, <i>Annals</i>, iv&#8212;case of Silius;
+id., <i>Annals</i>, iii, 17, 18&#8212;case of Piso. For Nero, note Tacitus,
+<i>Annals</i>, xiii, 43&#8212;case of Publius Suilius. Clemency of Claudius
+mentioned in Dio, 60, 15, 16; of Vitellius in Tacitus, <i>Hist</i>.,
+ii, 62.</p>
+</div>
+<a name="Footnote_168"></a><a href="#FNanchor_168">[168]</a>
+<div class="note">
+<p> Spartianus, <i>Had.</i>, 18.</p>
+</div>
+<a name="Footnote_169"></a><a href="#FNanchor_169">[169]</a>
+<div class="note">
+<p> Capitolinus, <i>Anton. Pius</i>, 7. See also the anecdote of
+Aurelian
+in Vopiscus, <i>Aurelian</i>, 23.</p>
+</div>
+<a name="Footnote_170"></a><a href="#FNanchor_170">[170]</a>
+<div class="note">
+<p> Codex, iv, 12, 2, rescript of Diocletian: ob maritorum culpam
+uxores inquietari leges vetant. proinde rationalis noster, si res
+quae a fisco occupatae sunt dominii tui esse probaveris, ius
+publicum sequetur.</p>
+</div>
+<a name="Footnote_171"></a><a href="#FNanchor_171">[171]</a>
+<div class="note">
+<p> Gaius, ii, 129 and 132.</p>
+</div>
+<a name="Footnote_172"></a><a href="#FNanchor_172">[172]</a>
+<div class="note">
+<p> Gaius, ii, 132.</p>
+</div>
+<a name="Footnote_173"></a><a href="#FNanchor_173">[173]</a>
+<div class="note">
+<p> Codex, iii, 36, 11: Inter filios ac filias bona intestatorum
+parentium pro virilibus portionibus aequo iure dividi oportere
+explorati iuris est.</p>
+</div>
+<a name="Footnote_174"></a><a href="#FNanchor_174">[174]</a>
+<div class="note">
+<p> Gaius, iii, 25-31.</p>
+</div>
+<a name="Footnote_175"></a><a href="#FNanchor_175">[175]</a>
+<div class="note">
+<p> 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.</p>
+</div>
+<a name="Footnote_176"></a><a href="#FNanchor_176">[176]</a>
+<div class="note">
+<p> For all this, see Codex, v, 9, 5, and vi, 18, q.</p>
+</div>
+<a name="Footnote_177"></a><a href="#FNanchor_177">[177]</a>
+<div class="note">
+<p> 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&#8212;see the <i>vitiatarum
+electiones</i> as mentioned by Tacitus, <i>Dial. de Orat</i>., 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.</p>
+</div>
+<a name="Footnote_178"></a><a href="#FNanchor_178">[178]</a>
+<div class="note">
+<p> Paulus, v, 4, 21.</p>
+</div>
+<a name="Footnote_179"></a><a href="#FNanchor_179">[179]</a>
+<div class="note">
+<p> By the lex Fabia. Paulus, v, 30 B. Digest, 48, 15; 17, 2, 51.</p>
+</div>
+<a name="Footnote_180"></a><a href="#FNanchor_180">[180]</a>
+<div class="note">
+<p> Ulpian in Dig., 48, 8, 8; ibid., Tryphoninus, 48, 19, 39.</p>
+</div>
+<a name="Footnote_181"></a><a href="#FNanchor_181">[181]</a>
+<div class="note">
+<p> Paulus, v, 23, 14; id. in Dig., 48, 19, 38.</p>
+</div>
+<a name="Footnote_182"></a><a href="#FNanchor_182">[182]</a>
+<div class="note">
+<p> Paulus, supra cit.</p>
+</div>
+<a name="Footnote_183"></a><a href="#FNanchor_183">[183]</a>
+<div class="note">
+<p> Martial, x, 35, and x, 38.</p>
+</div>
+<a name="Footnote_184"></a><a href="#FNanchor_184">[184]</a>
+<div class="note">
+<p> 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 <i>hetaerae</i> class.</p>
+</div>
+<a name="Footnote_185"></a><a href="#FNanchor_185">[185]</a>
+<div class="note">
+<p> See, e.g., Pliny, <i>Letters</i>, v, 16.</p>
+</div>
+<a name="Footnote_186"></a><a href="#FNanchor_186">[186]</a>
+<div class="note">
+<p> Pliny, <i>Letters</i>, i, 16.</p>
+</div>
+<a name="Footnote_187"></a><a href="#FNanchor_187">[187]</a>
+<div class="note">
+<p> 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 <i>Trojan Ladies</i>, 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 <i>Mayflower</i>.</p>
+</div>
+<a name="Footnote_188"></a><a href="#FNanchor_188">[188]</a>
+<div class="note">
+<p> Juvenal, vi, 434-440.</p>
+</div>
+<a name="Footnote_189"></a><a href="#FNanchor_189">[189]</a>
+<div class="note">
+<p> Cf. Martial, ii, 90: sit mihi verna satur, sit non doctissima
+coniunx.</p>
+</div>
+<a name="Footnote_190"></a><a href="#FNanchor_190">[190]</a>
+<div class="note">
+<p> The famous verses of Martial:
+</p>
+<div class="poem">
+<div class="stanza">
+<p>Quid tibi nobiscum, ludi scelerate magister?</p>
+<p class="i2">Invisum pueris virginibusque caput!</p>
+</div>
+</div>
+</div>
+<a name="Footnote_191"></a><a href="#FNanchor_191">[191]</a>
+<div class="note">
+<p> Vespasian (69-79 A.D.) started free public education by appointing
+Quintilian Professor of Rhetoric subsidised by the state.
+Succeeding emperors enlarged upon it; but especially Alexander
+Severus (222-235 A.D.), who instituted salaries for teachers of
+rhetoric, literature, medicine, mechanics, and architecture in
+Rome and the provinces, and had poor boys attend the lectures
+free of charge&#8212;see Lampridius, <i>Alex. Severus</i>, 44.</p>
+</div>
+<a name="Footnote_192"></a><a href="#FNanchor_192">[192]</a>
+<div class="note">
+<p> Pliny, <i>Paneg.</i>, 26. Spartianus, <i>Hadrian</i>, 7, 8-9.
+Capitolinus,
+<i>Anton. Pius 8</i>; id. <i>M. Anton. Phil.</i> II. Lampridius, <i>Alex</i>.
+<i>Severus</i>, 57.</p>
+</div>
+<a name="Footnote_193"></a><a href="#FNanchor_193">[193]</a>
+<div class="note">
+<p> Pliny, <i>Letters</i>, vii, 18. The sum was 500,000 sesterces.</p>
+</div>
+<a name="Footnote_194"></a><a href="#FNanchor_194">[194]</a>
+<div class="note">
+<p> Any infringement of this vow was punished by burial alive&#8212;for
+instances, see Suetonius, <i>Domitian</i>, 8; Herodian, iv, 6, 4:
+Pliny, <i>Letters</i> iv, 11; Dio, 77, 16 (Xiphilin). Their paramours
+were beaten to death.</p>
+</div>
+<a name="Footnote_195"></a><a href="#FNanchor_195">[195]</a>
+<div class="note">
+<p> A full account of the Vestals will be found in Aulus Gellius,
+i, 12.</p>
+</div>
+<a name="Footnote_196"></a><a href="#FNanchor_196">[196]</a>
+<div class="note">
+<p> Quintilian, vii, 3, 27: ad servum nulla lex pertinet. On the
+rare instances when a slave could inform against his master in
+a public court, see Hermogenianus in Dig., v, 1, 53.</p>
+</div>
+<a name="Footnote_197"></a><a href="#FNanchor_197">[197]</a>
+<div class="note">
+<p> Gaius, i, 52 ff.</p>
+</div>
+<a name="Footnote_198"></a><a href="#FNanchor_198">[198]</a>
+<div class="note">
+<p> Gaius, iii, 222. Cf. Juvenal vi, 219-223, and 474-495.</p>
+</div>
+<a name="Footnote_199"></a><a href="#FNanchor_199">[199]</a>
+<div class="note">
+<p> Gaius, iii, 222. Salvius Julianus, Pars Secunda, xv. Aulus
+Gellius, xx, i.</p>
+</div>
+<a name="Footnote_200"></a><a href="#FNanchor_200">[200]</a>
+<div class="note">
+<p> Paulus, v, 16.</p>
+</div>
+<a name="Footnote_201"></a><a href="#FNanchor_201">[201]</a>
+<div class="note">
+<p> Paulus, iii, v, 5 ff. Pliny, <i>Letters</i>, viii, 14. Tacitus, <i>Annals</i>
+xiii, 32.</p>
+</div>
+<a name="Footnote_202"></a><a href="#FNanchor_202">[202]</a>
+<div class="note">
+<p> Valerius Maximus, vi, 8, in a chapter entitled <i>de fide servorum</i>
+speaks with great admiration of instances of fidelity on the
+part of slaves. Seneca ate with his&#8212;<i>Epist</i>. 47, 13. Martial
+laments the death of a favourite slave girl&#8212;v, 34 and 37. Dio
+(62, 27&#8212;Xiphilin) notes the heroic conduct of Epicharis, a
+freedwoman, who was included in a conspiracy against Nero;
+but she revealed none of its secrets, though tortured in every way
+by Tigellinus. The pages of Pliny are full of the spirit of kindliness
+to slaves.</p>
+</div>
+<a name="Footnote_203"></a><a href="#FNanchor_203">[203]</a>
+<div class="note">
+<p> See Tacitus, <i>Annals</i>, xiv, 42 ff.</p>
+</div>
+<a name="Footnote_204"></a><a href="#FNanchor_204">[204]</a>
+<div class="note">
+<p> Suetonius, <i>Claudius</i>, 25. Dio, 60, 29 (Xiphilin).</p>
+</div>
+<a name="Footnote_205"></a><a href="#FNanchor_205">[205]</a>
+<div class="note">
+<p> Sec, e.g., Seneca, <i>de Clem</i>., i,18, 1 and 2&#8212;especially the
+anecdote of Vedius Pollio (mentioned also by Dio, 54, 23).
+</p>
+<p>The interesting letter of Pliny, viii, 16; and cf. iii, 14, and v,
+19.
+Juvenai, vi, 219-223.</p>
+</div>
+<a name="Footnote_206"></a><a href="#FNanchor_206">[206]</a>
+<div class="note">
+<p> Spartianus, <i>Hadrian</i>, 18.</p>
+</div>
+<a name="Footnote_207"></a><a href="#FNanchor_207">[207]</a>
+<div class="note">
+<p> Gaius, i, 52 ff. Cf. Ulpian in Dig., 1, 12, 1 and 8.</p>
+</div>
+<a name="Footnote_208"></a><a href="#FNanchor_208">[208]</a>
+<div class="note">
+<p> The punishment for this was pecuniary damages equal to
+twice the highest value of a slave during the year in which he
+was killed.</p>
+</div>
+<a name="Footnote_209"></a><a href="#FNanchor_209">[209]</a>
+<div class="note">
+<p> Ulpian in Dig., i., 12, 8: hoc quoque officium praefecto urbi
+a divo Severo datum est, ut mancipia tueatur ne prostituantur.</p>
+</div>
+<a name="Footnote_210"></a><a href="#FNanchor_210">[210]</a>
+<div class="note">
+<p> Vopiscus, <i>Aurelian</i>, 49</p>
+</div>
+<a name="Footnote_211"></a><a href="#FNanchor_211">[211]</a>
+<div class="note">
+<p> Vopiscus, <i>Tacitus</i>, 9.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_II"></a>
+<h2><a name="Page_52"></a>CHAPTER II</h2>
+<h2>WOMEN AND THE EARLY CHRISTIAN CHURCH</h2>
+<p>Meanwhile a new world force, destined to
+overthrow the old order of things, was
+growing slowly to maturity and spreading out its
+might until eventually it fought its way to preeminence.
+I have traced the rights of women
+under the regime of pagan Rome; I shall inquire
+next into the position of women under Christianity.
+We must first note the attitude of the early
+Christians towards women in general; for that
+attitude will naturally be reflected in any laws
+made after the Church has become supreme and
+is combined with and directs the State. That
+will demand a special chapter on Canon Law; but
+in the present chapter I propose to show how
+women were regarded by the Christians in the
+centuries which were the formative period of the
+Church.</p>
+<p>The direct words of Christ so far as they relate
+to women and as we have them in the Gospels concern
+themselves wholly to bring about purity in
+the relation of the sexes. "Ye have heard that it
+was said, Thou shalt not commit adultery; but I
+say unto you, that every one that looketh on a
+<a name="Page_53"></a>woman to lust after her hath committed adultery
+with her already in his heart."<a name="FNanchor_212"></a><a
+ href="#Footnote_212"><sup>[212]</sup></a> His commands
+on the subject of divorce are positive and unequivocal:
+"It was said also, Whosoever shall put
+away his wife, let him give her a writing of divorcement;
+but I say unto you, that every one that
+putteth away his wife, saving for the cause of
+fornication, maketh her an adultress; and whosoever
+shall marry her when she is put away, committeth
+adultery."<a name="FNanchor_213"></a><a href="#Footnote_213"><sup>[213]</sup></a>
+Christ was content to
+lay
+down great ethical principles, not minute regulations.
+Of any inferiority on the part of women
+he says nothing, nor does be concern himself with
+giving any directions about their social or legal
+rights. He blessed the marriage at Cana; and
+to the woman taken in adultery he showed his
+usual clemency. For the rest, his relations with
+women have an atmosphere of rare sympathy,
+gentleness, and charm.</p>
+<p>But as soon as we leave the Gospels and read
+the Apostles we are in a different sphere. The
+Apostles were for the most part men of humble
+position, and their whole lives were directed by
+inherited beliefs which were distinctly Jewish and
+Oriental or Greek; not Western. In the Orient
+woman has from the dawn of history to the present
+day occupied a position exceedingly low. Indeed,
+in Mohammedan countries she is regarded merely
+<a name="Page_54"></a>as a tool for the man's sensual passions and she
+is not allowed to have even a soul. In Greece
+women were confined to their houses, were uneducated,
+and had few public rights and less moral
+latitude; their husbands had unlimited license.<a name="FNanchor_214"></a><a
+ href="#Footnote_214"><sup>[214]</sup></a>
+The Jewish ideal is by no means a lofty one and
+cannot for a moment compare with the honour accorded
+the Roman matron under the Empire. According
+to <i>Genesis</i> a woman is the cause of all the
+woes of mankind. <i>Ecclesiasticus</i> declares that the
+badness of men is better than the goodness of
+women.<a name="FNanchor_215"></a><a href="#Footnote_215"><sup>[215]</sup></a>
+In <i>Leviticus</i><a name="FNanchor_216"></a><a href="#Footnote_216"><sup>[216]</sup></a>
+we read that the period
+of
+purification customary after the birth of a child is
+to be twice as long in the case of a female as in a
+<a name="Page_55"></a>male. The inferiority of women was strongly felt;
+and this conception would be doubly operative on
+men of humble station who never travelled, who
+had received little education, and whose ideas were
+naturally bounded by the horizon of their native
+localities. We are to remember also that the East
+is the home of asceticism, a conviction alien to
+the Western mind. There is no parallel in Western
+Europe to St. Simeon Stylites.</p>
+<p>We would, therefore, expect to find in the teachings
+of the Apostles an expression of Jewish, i.e.,
+Eastern ideals on the subject of women; and we do
+so find them. Following the express commands of
+Christ, they exhorted to sexual purity and reiterated
+his injunctions on the matter of divorce.
+They went much farther and began to legislate on
+more minute details. Paul allows second marriages
+to women<a name="FNanchor_217"></a><a href="#Footnote_217"><sup>[217]</sup></a>;
+but thinks it better for a widow to
+remain as she is.<a name="FNanchor_218"></a><a href="#Footnote_218"><sup>[218]</sup></a>
+It is better to marry
+than to
+burn; yet would he prefer that men and women
+should remain in celibacy.<a name="FNanchor_219"></a><a
+ href="#Footnote_219"><sup>[219]</sup></a> The power of the
+father to arrange a marriage for his daughter was,
+under Roman law, limited by her consent; but
+the words of Paul make it clear that it was now to
+be a Christian precept that a father could determine
+on his own responsibility whether his daughter
+should remain a virgin.<a name="FNanchor_220"></a><a
+ href="#Footnote_220"><sup>[220]</sup></a> Wives are to be in
+subjection
+to their husbands, and "let the wife see that
+<a name="Page_56"></a>she fear her husband."<a name="FNanchor_221"></a><a
+ href="#Footnote_221"><sup>[221]</sup></a> Woman is the weaker
+vessel<a name="FNanchor_222"></a><a href="#Footnote_222"><sup>[222]</sup></a>;
+she is to be silent in church; if she desires
+to learn anything, she should ask her husband
+at home.<a name="FNanchor_223"></a><a href="#Footnote_223"><sup>[223]</sup></a>
+Furthermore: "I permit not a woman
+to teach, nor to have dominion over a man,
+but to be in quietness. For Adam was first
+formed, then Eve; and Adam was not beguiled,
+but the woman being beguiled hath fallen into
+transgression; but she shall be saved through
+childbearing, if they continue in faith and love
+and sanctification with sobriety."<a name="FNanchor_224"></a><a
+ href="#Footnote_224"><sup>[224]</sup></a> The apparel
+of women also evoked legislation from the Apostles.
+Women were to pray with their heads veiled "for
+the man is not of the woman, but the woman for
+the man."<a name="FNanchor_225"></a><a href="#Footnote_225"><sup>[225]</sup></a>
+Jewels, precious metal, and costly
+garments were unbecoming the modest woman.<a name="FNanchor_226"></a><a
+ href="#Footnote_226"><sup>[226]</sup></a></p>
+<p>In this early stage of Christianity we may already
+distinguish three conceptions that were quite
+foreign to the Roman jurist: <span style="font-weight: bold;">I. </span>The
+inferiority
+and weakness of women was evident from the
+time of Eve and it was an act of God that punished
+all womankind for Eve's transgression. Woman
+had been man's evil genius. <span style="font-weight: bold;">II.</span>
+She was to be
+submissive to father or husband and not bring
+her will in opposition to theirs. <span style="font-weight: bold;">III.</span>
+She must
+not be prominent in public, she must consider her
+<a name="Page_57"></a>conduct and apparel minutely, and she was
+exhorted to remain a virgin, as being thus in a
+more exalted position. At the same time insistence
+was placed on the fact that a virgin, wife, and
+widow must be given due honour and respect,
+must be provided for, and allowed her share in
+taking part in those interests of the community
+which were considered her sphere.</p>
+<p>If, now, we examine the writings of the Church
+Fathers, we shall see these ideas elaborated with
+all the vehemence of religious zeal.</p>
+<p>The general opinions of the Fathers regarding
+women present a curious mixture. They are fond
+of descanting on the fact that woman is responsible
+for all the woes of mankind and that her very
+presence is dangerous. At the same time they
+pay glowing tribute to women in particular. St.
+Jerome held that women were naturally weaker,
+physically and morally, than men.<a name="FNanchor_227"></a><a
+ href="#Footnote_227"><sup>[227]</sup></a> The same
+saint proves that all evils spring from women<a name="FNanchor_228"></a><a
+ href="#Footnote_228"><sup>[228]</sup></a>;
+and in another passage he opines that marriage
+is indeed a lottery and the vices of women are
+too great to make it worth while.<a name="FNanchor_229"></a><a
+ href="#Footnote_229"><sup>[229]</sup></a> "The sex is
+<a name="Page_58"></a>practiced in deceiving," observes St. Maximus.<a
+ name="FNanchor_230"></a><a href="#Footnote_230"><sup>[230]</sup></a>
+St. Augustine disputes subtly whether woman is
+the image of God as well as man. He says no,
+and proves it thus<a name="FNanchor_231"></a><a href="#Footnote_231"><sup>[231]</sup></a>:
+The Apostle commands
+that a man should not veil his head, because he
+is the image of God; but the woman must veil hers,
+according to the same Apostle; therefore the
+woman is not the image of God. "For this
+reason, again," continues the Saint, "the Apostle
+says 'A woman is not permitted to teach, nor
+to have dominion over her husband.'" Bishop
+Marbodius calls woman a "pleasant evil, at once
+a honeycomb and a poison" and indicts the sex,<a name="FNanchor_232"></a><a
+ href="#Footnote_232"><sup>[232]</sup></a>
+<a name="Page_59"></a>something on the order of Juvenal or Jonathan
+Swift, by citing the cases of Eve, the daughters of
+Lot, Delilah, Herodias, Clytemnestra, and Progne.
+The way in which women were regarded as at once
+a blessing and a curse is well illustrated also in a
+distich of Sedulius: "A woman alone has been
+responsible for opening the gates of death; a
+woman alone has been the cause of a return to
+life."<a name="FNanchor_233"></a><a href="#Footnote_233"><sup>[233]</sup></a></p>
+<p>That women should be in subjection, in accordance
+with the dictum of Paul, the Church Fathers
+assert emphatically. "How can it be said of a
+woman that she is the image of God," exclaims
+St. Augustine,<a name="FNanchor_234"></a><a href="#Footnote_234"><sup>[234]</sup></a>
+"when it is evident that she is
+subject to the rule of her husband and has no
+authority! Why, she can not teach, nor be a
+witness, nor give security, nor act in court; how
+much the more can she not govern!" Women are
+commanded again and again not to perform any
+of the functions of men and to yield a ready
+<a name="Page_60"></a>and unquestioning obedience to their husbands.<a
+ name="FNanchor_235"></a><a href="#Footnote_235"><sup>[235]</sup></a>
+The Fathers also insist that marriage without a
+paternal parent's consent is fornication.<a name="FNanchor_236"></a><a
+ href="#Footnote_236"><sup>[236]</sup></a></p>
+<p>Marriage was looked upon as a necessary evil,
+permitted, indeed, as a concession to the weakness
+of mankind, but to be avoided if possible.
+"Celibacy is to be preferred to marriage," says
+St. Augustine.<a name="FNanchor_237"></a><a href="#Footnote_237"><sup>[237]</sup></a>
+"Celibacy is the life of the
+angels," remarks St. Ambrose.<a name="FNanchor_238"></a><a
+ href="#Footnote_238"><sup>[238]</sup></a> "Celibacy is a
+spiritual kind of marriage," according to St.
+Optatus.<a name="FNanchor_239"></a><a href="#Footnote_239"><sup>[239]</sup></a>
+"Happy he," says Tertullia<a name="FNanchor_240"></a><a
+ href="#Footnote_240"><sup>[240]</sup></a> "who
+lives like Paul!" The same saint paints a lugubrious
+picture of marriage and the "bitter pleasure of
+children" (<i>liberorum amarissima voluptate</i>) who
+are burdens and just as likely as not will turn out
+criminals. "Why did the Lord cry woe unto those
+that are pregnant and give suck, unless it was to
+call attention to the fact that children will be a
+<a name="Page_61"></a>hindrance on the day of judgment?"<a
+ name="FNanchor_241"></a><a href="#Footnote_241"><sup>[241]</sup></a>
+When
+such views were entertained of marriage, it need
+not seem remarkable that Tertullian and St. Paul
+of Nolan, like Tolstoy to-day, discovered the
+blessings of a celibate life after they were married
+and ran away from their wives.<a name="FNanchor_242"></a><a
+ href="#Footnote_242"><sup>[242]</sup></a> Jerome
+finds marriage useful chiefly because it produces
+virgins.<a name="FNanchor_243"></a><a href="#Footnote_243"><sup>[243]</sup></a></p>
+<p>As for second marriages, the Montanist and the
+Novatian sects condemned them absolutely, on
+the ground that if God has removed a wife or
+husband he has thereby signified his will to end
+the marrying of the parties; Tertullian calls second
+marriage a species of prostitution.<a name="FNanchor_244"></a><a
+ href="#Footnote_244"><sup>[244]</sup></a>Jerome expresses
+the more tolerant and orthodox view:
+"What then? Do we condemn second marriages?
+Not at all; but we praise single ones. Do we cast
+the twice-married from the Church? Far from it;
+but we exhort the once-married to continence. In
+Noah's ark there were not only clean, but also
+unclean animals."<a name="FNanchor_245"></a><a href="#Footnote_245"><sup>[245]</sup></a></p>
+<p><a name="Page_62"></a>As the Fathers were very well aware of the
+subtle influence of dress on the sexual passions,
+we have a vast number of minute regulations directing
+virgins, matrons, and widows to be clothed
+simply and without ornament; virgins were to be
+veiled.<a name="FNanchor_246"></a><a href="#Footnote_246"><sup>[246]</sup></a>
+Tertullian, with that keen logic of which
+the Church has always been proud in her sons,
+argues that inasmuch as God has not made crimson
+or green sheep it does not behoove women to
+wear colours that He has not produced in animals
+naturally.<a name="FNanchor_247"></a><a href="#Footnote_247"><sup>[247]</sup></a>
+St. Augustine forbids nuns to bathe
+more than once a month, unless under extreme
+necessity.<a name="FNanchor_248"></a><a href="#Footnote_248"><sup>[248]</sup></a></p>
+<p>As soon as the Church begins to exercise an
+influence upon law, we shall expect to see the legal
+position of women changed in accordance with
+certain general principles outlined above, viz: <span
+ style="font-weight: bold;">I.</span>
+That inasmuch as Adam was formed before
+Eve and as women are the weaker vessels, they
+should confine themselves to those duties only
+which society has, from time immemorial, assigned
+<a name="Page_63"></a>them as their peculiar sphere. <span
+ style="font-weight: bold;">II.</span> They should
+be meek, and not oppose father or husband; and
+to these they should go for advice on all matters.
+<span style="font-weight: bold;">III.</span> All license, such as the
+Roman woman's
+right of taking the initiative in a divorce, must
+never be tolerated. <span style="font-weight: bold;">IV.</span> They
+should never
+transgress the bounds of strictest decorum in
+conduct and dress, lest they seduce men; and they
+must never be conspicuous in public or attempt to
+perform public functions. <span style="font-weight: bold;">V.</span>
+They are to be given
+due honour and are to be cared for properly.</p>
+<p>The legal rights of women would be affected,
+moreover, by a difference in the spirit of the law.
+The Roman jurist derived his whole sanction from
+reason and never allowed religious considerations,
+as such, to influence him when legislating on
+women. He recognised that laws are not immutable,
+but must be changed to fit the growth
+of equity and tolerance. No previous authority
+was valid to him if reason suggested that the
+authority's dictum had outlived its usefulness and
+must be adapted to larger ideas. It never occurred
+to him to make the inferiority of woman an act of
+God. On the other hand, the Church referred
+everything to one unchanging authoritative source,
+the Gospels and the writings of the Apostles; faith
+and authority took the place of reason; and any
+attempt to question the injunctions of the Bible
+was regarded as an act of impiety, to be punished
+accordingly. And as the various regulations
+about women had now a divine sanction,
+<a name="Page_64"></a>the permanence of these convictions was doubly
+assured.<br>
+<br>
+</p>
+<h4 style="text-align: left;">SOURCES</h4>
+<p>I. The Bible.</p>
+<p>II. Patrologia Latina: edidit J.P. Migne. Parisiis. 221
+volumes (finished 1864).<br>
+<br>
+</p>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_212"></a><a href="#FNanchor_212">[212]</a>
+<div class="note">
+<p> <i>Matthew</i> 5, 27 ff.</p>
+</div>
+<a name="Footnote_213"></a><a href="#FNanchor_213">[213]</a>
+<div class="note">
+<p> <i>Matthew</i> 5, 31 ff.; id. 19, 3 ff. <i>Mark</i> 10, 2-12. <i>Luke</i>
+16, 18.</p>
+</div>
+<a name="Footnote_214"></a><a href="#FNanchor_214">[214]</a>
+<div class="note">
+<p> Plutarch lived in the second century A.D.; but he has inherited
+the Greek point of view and advises a wife to bear with meekness
+the infidelities of the husband&#8212;see <i>Praecep. Coniug</i>., 16.
+His words are often curiously similar to those of the Apostles,
+e.g., <i>Coniug. Praecep</i>., 33: "The husband shall rule the wife
+not as if master of a chattel, but as the soul does the body." Id.
+37: "Wives who are sensible will be silent when their husbands
+are angry and vent their passion; when their husbands are
+silent, then let them speak to them and mollify them." However,
+like the Apostles, he enjoins upon husbands to honour their
+wives; his essay on the "Virtues of Women"&#8212;&#947;&#965;&#957;&#945;&#953;&#954;&#969;&#957; &#945;&#961;&#949;&#964;&#945;&#953;&#8212;is
+an affectionate tribute to their worth.
+</p>
+<p>Some of the respectable Puritan gentlemen at Rome also
+held that a wife be content to be a humble admirer of her husband
+(e.g., Pliny, <i>Paneg</i>., 83, hoc efficiebat, quod mariti minores
+erant ... nam uxori sufficit obsequii gloria, etc.). But
+Roman law insisted that what was morally right for the man
+was equally so for the woman; just as it compelled a husband
+himself to observe chastity, if he expected it from his wife.</p>
+</div>
+<a name="Footnote_215"></a><a href="#FNanchor_215">[215]</a>
+<div class="note">
+<p> <i>Ecclesiasticus</i> 42, 14.</p>
+</div>
+<p><a name="Footnote_216"></a><a href="#FNanchor_216">[216]</a> <i><br>
+</i></p>
+<div style="margin-left: 40px;"><i>Leviticus</i> xii, 1-5.<br>
+<br>
+</div>
+<a name="Footnote_217"></a><a href="#FNanchor_217">[217]</a>
+<div class="note">
+<p> <i>Romans</i> 7, 2-4.</p>
+</div>
+<a name="Footnote_218"></a><a href="#FNanchor_218">[218]</a>
+<div class="note">
+<p> <i>Corinthians</i> i, 7, 39.</p>
+</div>
+<a name="Footnote_219"></a><a href="#FNanchor_219">[219]</a>
+<div class="note">
+<p> <i>Corinthians</i> i, 7, 1 ff.</p>
+</div>
+<a name="Footnote_220"></a><a href="#FNanchor_220">[220]</a>
+<div class="note">
+<p> <i>Corinthians</i> i, 7, 37.</p>
+</div>
+<a name="Footnote_221"></a><a href="#FNanchor_221">[221]</a>
+<div class="note">
+<p> <i>Ephesians</i> 5, 22 and 33.</p>
+</div>
+<a name="Footnote_222"></a><a href="#FNanchor_222">[222]</a>
+<div class="note">
+<p> <i>Peter</i> i, 3, 7.</p>
+</div>
+<a name="Footnote_223"></a><a href="#FNanchor_223">[223]</a>
+<div class="note">
+<p> <i>Corinthians</i> i, 14, 34.</p>
+</div>
+<a name="Footnote_224"></a><a href="#FNanchor_224">[224]</a>
+<div class="note">
+<p> <i>Timothy</i> i, 2, 12-15.</p>
+</div>
+<a name="Footnote_225"></a><a href="#FNanchor_225">[225]</a>
+<div class="note">
+<p> <i>Corinthians</i> i, II, 8.</p>
+</div>
+<a name="Footnote_226"></a><a href="#FNanchor_226">[226]</a>
+<div class="note">
+<p> <i>Timothy</i> i, 2, 9. <i>Peter</i> i, 3.</p>
+</div>
+<a name="Footnote_227"></a><a href="#FNanchor_227">[227]</a>
+<div class="note">
+<p> Abelard, Ep., 9, in vol. 178, p. 325, of Migne: Beatus Hieronymus
+...
+tanto magis necessarium amorem huius
+studii (i.e. the Scriptures) censuit, quanto eas naturaliter
+infirmiriores
+et carne debiliores esse conspexit. Cf. St. Paul of
+Nolan, <i>Letters</i>, 23, &sect; 135&#8212;Migne 61, p. 273: Hi enim (i.e.
+evil
+spirits) petulantius infirmiora vasa pertentant, sicut non
+Adam, sed Evam coluber aggressus est.</p>
+</div>
+<a name="Footnote_228"></a><a href="#FNanchor_228">[228]</a>
+<div class="note">
+<p> Adversus Iovianum, i, 48&#8212;Migne, vol. 23, p. 278.</p>
+</div>
+<a name="Footnote_229"></a><a href="#FNanchor_229">[229]</a>
+<div class="note">
+<p> Adversus Iovianum, i, 28&#8212;Migne, vol. 23, pp. 249-250:
+Qui enim ducit uxorem, in ambiguo est, utrum odiosam an amabilem
+ducat. Si odiosam duxerit, ferri non potest. Si amabilem,
+amor illius inferno et arenti terrae et incendio comparatur.
+He quotes the Old Testament, especially <i>Pr</i>. 30, 16, to support
+his views.</p>
+</div>
+<a name="Footnote_230"></a><a href="#FNanchor_230">[230]</a>
+<div class="note">
+<p> S. Maximi Episcopi Taurinensis&#8212;Homilia 53, I&#8212;Migne,
+vol. 57, p. 350.</p>
+</div>
+<a name="Footnote_231"></a><a href="#FNanchor_231">[231]</a>
+<div class="note">
+<p> Augustinus: <i>Quaest. ex vet. Test</i>., 21: an mulier imago Dei
+sit
+... unde et Apostolus, Vir quidem, inquit, non debet
+velare caput, cum sit imago et gloria Dei; mulier autem, inquit,
+velet caput. Quare? Quia non est imago Dei. Unde denuo dicit
+Apostolus: Mulieri autem docere non permittitur, neque dominari
+in virum. Migne, vol. 35, p. 2228.</p>
+</div>
+<a name="Footnote_232"></a><a href="#FNanchor_232">[232]</a>
+<div class="note">
+<p> Migne, vol. 171, pp. 1698-1699:
+</p>
+<div class="poem">
+<div class="stanza">
+<p>Femina dulce malum, pariter favus atque venenum,</p>
+<p>Melle linens gladium cor confodit et sapientum.</p>
+<p>Quis suasit primo vetitum gustare parenti?</p>
+<p>Femina. Quis patrem natas vitiare coegit?</p>
+<p>Femina. Quis fortem spoliatum crine peremit?</p>
+<p>Femina. Quis iusti sacrum caput ense recidit?</p>
+<p>Femina.&#8212;etc., ad lib.</p>
+</div>
+</div>
+<p>
+However, in another poem he acknowledges that there is
+nothing more beautiful than a good woman:
+</p>
+<div class="poem">
+<div class="stanza">
+<p>In cunctis quae dante Deo concessa videntur</p>
+<p>Usibus humanis, nil pulchrius esse putamus,</p>
+<p>Nil melius muliere bona, etc.</p>
+</div>
+</div>
+</div>
+<a name="Footnote_233"></a><a href="#FNanchor_233">[233]</a>
+<div class="note">
+<p> Migne, vol. 80, p. 307. The sentiment is more fully developed
+in another poem&#8212;Migne, vol. 80, p. 307:
+</p>
+<div class="poem">
+<div class="stanza">
+<p>Femina causa fuit humanae perditionis;</p>
+<p>Qua reparatur homo, femina causa fuit.</p>
+<p>Femina causa fuit cur homo ruit a paradiso;</p>
+<p>Qua redit ad vitam, femina causa fuit.</p>
+<p>Femina prima parens exosa, maligna, superba;</p>
+<p>Femina virgo parens casta, benigna, pia.</p>
+</div>
+</div>
+</div>
+<a name="Footnote_234"></a><a href="#FNanchor_234">[234]</a>
+<div class="note">
+<p> <i>Quaest. ex vet. Test</i>., 45; Migne, vol. 35, p. 2244.</p>
+</div>
+<a name="Footnote_235"></a><a href="#FNanchor_235">[235]</a>
+<div class="note">
+<p> E.g., Tertullian, <i>de virg. vel</i>., 9. St. Paul of Nolan,
+letter
+23, &sect; 135&#8212;Migne, 61, p. 273. Id., letter 26, vol. 61, p. 732
+of Migne. Cf. Augustine, letter 262, &sect; 5&#8212;Migne, 33, p.
+1079.</p>
+</div>
+<a name="Footnote_236"></a><a href="#FNanchor_236">[236]</a>
+<div class="note">
+<p> Basilius, <i>ad Amphil</i>., c.42: Matrimonia sine iis, qui
+potestatem
+habent, fornicationes sunt.
+</p>
+<p>Ambrose says: Honorantur parentes Rebeccae muneribus,
+consulitur puella non de sponsalibus, illa enim expectat iudicium
+parentum; non est enim virginalis pudoris eligere maritum.</p>
+</div>
+<a name="Footnote_237"></a><a href="#FNanchor_237">[237]</a>
+<div class="note">
+<p> Virginitas praeferenda coniugio&#8212;August., vol. 44, p. 142 of
+Migne. The Council of Trent, eleven centuries later, in its
+twenty-fourth session, re-echoed this sentiment and anathematised
+any one who should deny it.</p>
+</div>
+<a name="Footnote_238"></a><a href="#FNanchor_238">[238]</a>
+<div class="note">
+<p> Migne, vol. 16, p. 342.</p>
+</div>
+<a name="Footnote_239"></a><a href="#FNanchor_239">[239]</a>
+<div class="note">
+<p> Id., II, p. 1074.</p>
+</div>
+<a name="Footnote_240"></a><a href="#FNanchor_240">[240]</a>
+<div class="note">
+<p> Tertullian <i>ad uxorem</i>, i, 3.</p>
+</div>
+<a name="Footnote_241"></a><a href="#FNanchor_241">[241]</a>
+<div class="note">
+<p> Id. <i>ad uxorem</i>, i, 5. See also Gregory of Nyassa, <i>de Virg</i>.,
+iii, on the evils of matrimony.</p>
+</div>
+<a name="Footnote_242"></a><a href="#FNanchor_242">[242]</a>
+<div class="note">
+<p> v. Tertullian, <i>ad uxorem</i>. For Paul of Nolan, see Migne,
+vol. 61, p. 22.</p>
+</div>
+<a name="Footnote_243"></a><a href="#FNanchor_243">[243]</a>
+<div class="note">
+<p> Laudo nuptias, laudo coniugium, sed quia mihi virgines
+generant.</p>
+</div>
+<a name="Footnote_244"></a><a href="#FNanchor_244">[244]</a>
+<div class="note">
+<p> <i>Ad uxorem</i>, i, 7 and 9: non aliud dicendum erit secundum
+matrimonium quam species stupri.</p>
+</div>
+<a name="Footnote_245"></a><a href="#FNanchor_245">[245]</a>
+<div class="note">
+<p> Jerome, <i>Epist</i>., 123. See also id., <i>Epistola de
+viduitate servanda</i>,
+Migne 22, p. 550, and the <i>Epist. de monogamia</i>, Migne,
+22, p. 1046. Ambrose, <i>de viduis liber unus</i>, Migne, 16, p. 234.
+Cf. Alanus de Insulis in Migne, vol. 210, p. 194: Vidua ad
+secundas nuptias non transeat.</p>
+</div>
+<a name="Footnote_246"></a><a href="#FNanchor_246">[246]</a>
+<div class="note">
+<p> See, e.g., St. Cyprian, <i>de habitu virginum</i>. Tertullian,
+<i>de virginibus velandis</i> and <i>de cultu feminarum</i>. Treatises
+on the
+way widows should dress were written, among others, by St.
+Paul of Nolan, <i>Epist</i>. 23, &sect;&sect; 133-135&#8212;Migne 61;
+Augustine,
+St. Fulgentius Rusp., St. Paulinus Aquil., and St. Petrus
+Damianus.</p>
+</div>
+<a name="Footnote_247"></a><a href="#FNanchor_247">[247]</a>
+<div class="note">
+<p> <i>De cultu feminarum</i>, i, 8.</p>
+</div>
+<a name="Footnote_248"></a><a href="#FNanchor_248">[248]</a>
+<div class="note">
+<p> Lavacrum etiam corporum ususque balneorum non sit assiduus,
+sed eo quo solet intervallo temporis tribuatur, hoc est,
+semel in mense. Nisi infirmitatis necessitas cogat, corpus
+saepius non lavandum&#8212;Augustine, <i>de monialibus</i>, Migne,
+vol. 33, page 963.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_III"></a>
+<h2><a name="Page_65"></a>CHAPTER III</h2>
+<h2>RIGHTS OF WOMEN AS MODIFIED BY THE CHRISTIAN
+EMPERORS</h2>
+<p>Christianity became the state religion
+under Constantine, who issued the Edict of
+Milan, giving toleration to the Christians, in
+the year 313. The emperors from Constantine
+through Justinian (527-565) modified the various
+laws pertaining to the rights of women in various
+ways. To the enactments of Justinian, who caused
+the whole body of the Roman law to be collected,
+I intend to give special attention. We must not,
+as yet, expect to find the strict views of the Church
+Fathers carried out in any severe degree. On
+the contrary the old Roman law was still so
+powerful that it was for the most part beyond the
+control of ecclesiasts. Justinian was an ardent
+admirer of it and could not escape from its prevailing
+spirit. Canon law had not yet developed.
+When the old Roman civilisation in Italy has
+succumbed completely to its barbarian conquerors;
+when the East has been definitely sundered from
+the West; when the Church has risen supreme,
+has won temporal power, and has developed
+canon law into a force equal to the civil law,&#8212;
+<a name="Page_66"></a>then finally we shall expect to see the legal
+rights
+of women changed in accordance with two new
+world forces&#8212;the Roman Catholic Church and the
+Germanic nations. I shall now discuss legislation
+having to do with my subject under the Christian
+emperors from Constantine (306-337) through the
+reign of Justinian (527-565).</p>
+<div class="sidenote"> Divorce: rescript of Theodosius and Valentian.</div>
+<p>The power of husband and wife to divorce at will
+and for any cause, which we have seen obtained
+under the old Roman law, was confined
+to certain causes only by Theodosius and
+Valentinian (449 A.D.). These emperors
+asserted vigorously that<a name="FNanchor_249"></a><a
+ href="#Footnote_249"><sup>[249]</sup></a> the dissolution
+of the marriage tie should be made more
+difficult, especially out of regard to the children.
+Pursuant to this idea the power of divorce was
+given for the following reasons alone: adultery,
+murder, treason, sacrilege, robbery; unchaste
+conduct of a husband with a woman not his wife
+and vice-versa; if a wife attended public games
+without her husband's permission; and extreme
+physical violence of either party. A woman who
+sent her husband a bill of divorce for any other
+reason forfeited her dowry and all ante-nuptial
+gifts and could not marry again for five years,
+under penalty of losing all civil rights. Her property
+accrued to her husband to be kept in trust for
+the children.</p>
+<div class="sidenote"> Justinian on divorce</div>
+<p>Justinian made more minute regulations on the
+subject of divorce. To the valid causes for
+<a name="Page_67"></a>divorce as laid down by Theodosius and
+Valentinian
+he added impotence; if a separation was obtained
+on this ground, the husband might
+retain ante-nuptial gifts.<a name="FNanchor_250"></a><a
+ href="#Footnote_250"><sup>[250]</sup></a> Abortion
+committed by the wife or bathing with other men
+than her husband or inveigling other men to be her
+paramours&#8212;these offences on the part of the wife
+gave her husband the right of divorce.<a name="FNanchor_251"></a><a
+ href="#Footnote_251"><sup>[251]</sup></a> Captivity
+of either party for a prolonged period of time was
+always a valid reason. Justinian added also<a name="FNanchor_252"></a><a
+ href="#Footnote_252"><sup>[252]</sup></a>
+that a man who dismissed his wife without any of
+the legal causes mentioned above existing or who
+was himself guilty of any of these offences must
+give to his wife one fourth of his property up to
+a sum not to exceed one hundred <i>librae</i> of gold,
+if he owned property worth four hundred <i>librae</i>
+or more; if he had less, one fourth of all he possessed
+was forfeit. The same penalties held for the wife
+who presumed to dismiss her husband without the
+offences legally recognised existing. The forfeited
+money was at the free disposal of the blameless
+party if there were no children; these being extant,
+the property must be preserved intact for their
+inheritance and merely the usufruct could be
+enjoyed by the trustees. A woman who secured
+a divorce through a fault of her husband had
+always to wait at least a year before marrying
+again <i>propter seminis confusionem</i>.<a name="FNanchor_253"></a><a
+ href="#Footnote_253"><sup>[253]</sup></a></p>
+<div class="sidenote"> Justin revokes decrees of Justinian.</div>
+<p><a name="Page_68"></a>Justin, the nephew and successor of Justinian,
+reaffirmed the right to divorce by mutual consent,
+thus abrogating the laws of his predecessors.<a name="FNanchor_254"></a><a
+ href="#Footnote_254"><sup>[254]</sup></a>
+Justinian had ordained
+that if husband and wife separated by
+mutual consent, they were to be forced to spend the
+rest of their lives in a convent and forfeit to it
+one third of their goods.<a name="FNanchor_255"></a><a
+ href="#Footnote_255"><sup>[255]</sup></a> Justin, then, made
+the pious efforts of his uncle naught. Nothing
+can more clearly illustrate than his decree how
+small a power the Church still possessed to mould
+the tenor of the law; for such a thing as divorce
+by mutual consent, without any necessary reason,
+was a serious misdemeanour in the eyes of the
+Church Fathers, who passed upon it their severest
+censures.</p>
+<div class="sidenote"> Adultery.</div>
+<p>On the subject of adultery Justinian enacted
+that if the husband was the guilty party, the dowry
+and marriage donations must be given
+his wife; but the rest of his property
+accrued to his relatives, both in ascending and descending
+lines, to the third degree; these failing, his
+<a name="Page_69"></a>goods were confiscated to the royal purse.<a
+ name="FNanchor_256"></a><a href="#Footnote_256"><sup>[256]</sup></a>
+A
+woman guilty of adultery was at once sent to a
+monastery. After a space of two years her husband
+could take her back again, if he so wished,
+without prejudice. If he did not so desire, or if
+he died, the woman was shorn and forced to spend
+the rest of her life in a nunnery; two thirds of her
+property were given to her relatives in descending
+line, the other third to the monastery; if there were
+no descendants, ascendants got one third and
+the monastery two thirds; relatives failing, the
+monastery took all; and in all cases goods inserted
+in the dowry contract were to be kept for the
+husband.<a name="FNanchor_257"></a><a href="#Footnote_257"><sup>[257]</sup></a></p>
+<div class="sidenote"> Second marriages. <br>
+<br>
+<br>
+<br>
+<br>
+<br>
+Strict laws of Gratian, Valentinian, and Theodosius.</div>
+<p>The legislation of the earlier Christian emperors
+on second marriages reflects the various
+feelings of the Church Fathers on the
+subject. Under the old law, people could marry
+as often as they wished without any penalties.<a name="FNanchor_258"></a><a
+ href="#Footnote_258"><sup>[258]</sup></a>
+But we have seen that among some of the Churchmen
+second marriages were held in peculiar abhorrence,
+and third nuptials were regarded as a
+hideous sin; while the orthodox clergy, like St.
+Augustine and St. Jerome, permitted second and
+third marriages, but damned them with faint
+praise and urged Christians to be content with
+<a name="Page_70"></a>one venture. Public opinion, custom, and the
+influence
+of the old Roman law were too powerful
+to allow Christian monarchs to become fanatical
+on the subject<a name="FNanchor_259"></a><a href="#Footnote_259"><sup>[259]</sup></a>;
+but certain stricter regulations
+were introduced by the pious Gratian,
+Valentinian, and Theodosius, in the
+years 380, 381, and 382.<a name="FNanchor_260"></a><a
+ href="#Footnote_260"><sup>[260]</sup></a> As under
+the old laws any widow who married
+again before the legal time of mourning
+&#8212;a year&#8212;had expired, became infamous and lost
+both cast and all claims to the goods of her
+deceased husband. She was furthermore not
+permitted to give a second husband more than one
+third of her property nor leave him more than one
+third by will; and she could receive no intestate
+succession beyond the third degree. A woman
+who proceeded to a second marriage after the
+legal period of mourning, must make over at once
+to the children of the first marriage all the property
+which her former husband had given or left to her.
+As to her own personal property, she was allowed
+to possess it and enjoy the income while she lived,
+but not to alienate it or leave it by will to any one
+except the children of the first marriage. As
+I have before remarked, Roman law constantly
+had the interest of the children at heart.<a name="FNanchor_261"></a><a
+ href="#Footnote_261"><sup>[261]</sup></a> If
+<a name="Page_71"></a>there was no issue of the first marriage, then
+the
+woman had free control. A mother acquired full
+right&#8212;as the old Senatus consultum Tertullianum
+had decreed&#8212;to the property of a son or daughter
+who died childless<a name="FNanchor_262"></a><a href="#Footnote_262"><sup>[262]</sup></a>;
+but if she married a
+second
+time, and her son or daughter died without leaving
+children or grandchildren, she was expelled from
+all succession and distant relatives acquired the
+property.<a name="FNanchor_263"></a><a href="#Footnote_263"><sup>[263]</sup></a></p>
+<div class="sidenote"> Justinian moderates these laws to a great degree.</div>
+<p>Justinian changed these enactments to a pronounced
+degree. "We are not making laws
+that are too bitter against women
+who marry a second time," he remarks,<a name="FNanchor_264"></a><a
+ href="#Footnote_264"><sup>[264]</sup></a>
+"and we do not want to lead them,
+in consequence of such action, to the harsh
+necessity, unworthy of our age, of abstaining
+from a chaste second marriage and descending
+to illegitimate connections." He ordained,
+therefore, that the law mentioned above be
+annulled and that mothers should have absolutely
+unrestricted rights of inheritance to a
+deceased child's property along with the latter's
+brothers and sisters; and second marriage was
+<a name="Page_72"></a>never to create any prejudice.<a
+ name="FNanchor_265"></a><a href="#Footnote_265"><sup>[265]</sup></a>
+In the earlier part
+of his reign Justinian also forbade husband or
+wife to leave one another property under the
+stipulation that the surviving partner must not
+marry again<a name="FNanchor_266"></a><a href="#Footnote_266"><sup>[266]</sup></a>;
+but later, when his zeal for reform
+had become more pronounced and fanatical, he
+revoked this and gave the conditioned party the
+option either of enjoying the property by remaining
+unmarried or of forfeiting it by a second union.<a name="FNanchor_267"></a><a
+ href="#Footnote_267"><sup>[267]</sup></a></p>
+<div class="sidenote"> Breaking of engagements.</div>
+<p>Constantine ordained,<a name="FNanchor_268"></a><a
+ href="#Footnote_268"><sup>[268]</sup></a> in the year 336, that
+if an engagement was broken by the death
+of one of the contracting parties and
+if the <i>osculum</i><a name="FNanchor_269"></a><a href="#Footnote_269"><sup>[269]</sup></a>
+had taken place, half
+of whatever donations had been given was
+to be handed over to the surviving party and
+half to the heirs of the deceased; but if the
+solemn <i>osculum</i> had not yet taken place, all
+gifts went to the heirs of the deceased. There
+was also a law that if either party broke the engagement
+to enter monastic life, the man who did so
+lost all that he had given by way of earnest
+money for the marriage contract (<i>arrarum nomine</i>);
+if it was the woman who took the initiative, she
+was compelled to return twice the amount of any
+sums she had received. This was changed by
+<a name="Page_73"></a>Justinian, who enacted that those who broke
+an engagement to enter monastic life should
+merely return or receive whatever donations had
+been made.<a name="FNanchor_270"></a><a href="#Footnote_270"><sup>[270]</sup></a>
+Constantine and his successors abrogated
+the old time Julian laws, which had inflicted
+certain penalties&#8212;such as limited rights of inheritance&#8212;on
+men and women who did not marry.<a name="FNanchor_271"></a><a
+ href="#Footnote_271"><sup>[271]</sup></a></p>
+<div class="sidenote"> Changes in the law of gifts.</div>
+<p>I have already pointed out that gifts between
+husband and wife were illegal and I have explained
+the reasons. Justinian allowed the husband
+to make donations to his wife, in
+such wise, however, that all chance of
+intent to defraud might be absent.<a name="FNanchor_272"></a><a
+ href="#Footnote_272"><sup>[272]</sup></a> He ordained
+also that if husband or wife left the married state
+to embrace a celibate life, each party was to keep
+his or her own property as per marriage contract
+or as each would legitimately in the case of the
+other's death.<a name="FNanchor_273"></a><a href="#Footnote_273"><sup>[273]</sup></a>
+If any one, after vowing the
+monastic life, returned to the world, his or her
+<a name="Page_74"></a>goods were forfeit to the monastery which he or
+she had left.<a name="FNanchor_274"></a><a href="#Footnote_274"><sup>[274]</sup></a></p>
+<div class="sidenote"> Various enactments on marriage.</div>
+<p>The consent of the father or, if he was dead, of
+near relatives was emphatically declared necessary
+by the Christian emperors for a marriage
+and the woman had practically no will
+of her own although, if several suitors
+were proposed to her, she might be requested to
+name which one she preferred.<a name="FNanchor_275"></a><a
+ href="#Footnote_275"><sup>[275]</sup></a> Marriage with
+a Jew was treated as adultery.<a name="FNanchor_276"></a><a
+ href="#Footnote_276"><sup>[276]</sup></a> Women who
+belonged to heretical sects were to have no
+privileges.<a name="FNanchor_277"></a><a href="#Footnote_277"><sup>[277]</sup></a>
+Justinus and Justinian abrogated the
+old law which forbade senators to marry freedwomen
+or any woman who had herself or whose
+parents had followed the stage. Actresses were
+now permitted, on giving up their profession, to
+claim all the rights of other free women; and a
+senator could marry such or even a freedwoman
+without prejudice.<a name="FNanchor_278"></a><a href="#Footnote_278"><sup>[278]</sup></a></p>
+<div class="sidenote"> Changes in the laws of inheritance.</div>
+<p>Under the old law, as we have seen, a son and a
+daughter had equal rights to intestate succession;
+but beyond the relationship of daughter
+to father or sister to brother women had
+no rights to intestate succession unless
+there were no agnates, that is, male relatives on
+the father's side. Thus, an aunt would not be
+called to the estate of a nephew who died childless,
+<a name="Page_75"></a>but the uncle was regularly admitted. So, too, a
+nephew was admitted to the intestate succession
+of an uncle, who died without issue, but the niece
+was shut out. All this was changed by Justinian,
+who gave women the same rights of inheritance
+as men under such conditions.<a name="FNanchor_279"></a><a
+ href="#Footnote_279"><sup>[279]</sup></a> If the children
+were unorthodox, they were to have absolutely no
+share of either parent's goods.<a name="FNanchor_280"></a><a
+ href="#Footnote_280"><sup>[280]</sup></a></p>
+<div class="sidenote"> Women as guardians.</div>
+<div class="sidenote"> In suits.</div>
+<p>The Christian emperors permitted widows to be
+guardians over their children if they
+promised on oath not to marry again
+and gave security against fraud.<a name="FNanchor_281"></a><a
+ href="#Footnote_281"><sup>[281]</sup></a> Justinian forbade
+women to act by themselves in
+any legal matters.<a name="FNanchor_282"></a><a href="#Footnote_282"><sup>[282]</sup></a></p>
+<div class="sidenote"> Bills of attainder.</div>
+<p>Arcadius and Honorius (397 A.D.) enacted some
+particularly savage bills of attainder, which were
+in painful contrast to the clemency
+of their pagan predecessors. Those
+guilty of high treason were decapitated and their
+goods escheated to the crown. "To the sons of
+such a man [i.e., one condemned for high treason],"
+write these amiable Christians,<a name="FNanchor_283"></a><a
+ href="#Footnote_283"><sup>[283]</sup></a> "we allow their
+lives out of special royal mercy&#8212;for they ought
+really to be put to death along with their fathers&#8212;but
+they are to receive no inheritances. Let them
+be paupers forever; let the infamy of their father
+ever follow them; they may never aspire to office;
+<a name="Page_76"></a>in their lasting poverty let death be a relief
+and
+life a punishment. Finally, any one who tries to
+intercede for these with us is also to be infamous."<a
+ name="FNanchor_284"></a><a href="#Footnote_284"><sup>[284]</sup></a>
+However, to the daughters of the condemned these
+emperors graciously granted one fourth of their
+mother's but not any of their father's goods. In
+the case of crimes other than high treason the
+children or grandchildren were allowed one half of
+the estate.<a name="FNanchor_285"></a><a href="#Footnote_285"><sup>[285]</sup></a>
+Constantine decreed that a wife's
+property was not to be affected by the condemnation
+of her husband.<a name="FNanchor_286"></a><a href="#Footnote_286"><sup>[286]</sup></a></p>
+<div class="sidenote"> Rape.</div>
+<p>Ravishers of women, even of slaves and freedwomen,
+were punished by Justinian with death;
+but in the case of freeborn women only
+did the property of the guilty man and
+his abettors become forfeit to the outraged victim.
+A woman no longer had the privilege of demanding
+her assailant in marriage.<a name="FNanchor_287"></a><a
+ href="#Footnote_287"><sup>[287]</sup></a></p>
+<br>
+<h4 style="text-align: left;">SOURCES</h4>
+<p>Roman Law as cited in Chapter I, especially the <i>Novellae</i> of
+Justinian.<br>
+</p>
+<br>
+
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_249"></a><a href="#FNanchor_249">[249]</a>
+<div class="note">
+<p> Codex, v, 17, 8 contains this rescript in full.</p>
+</div>
+<a name="Footnote_250"></a><a href="#FNanchor_250">[250]</a>
+<div class="note">
+<p> Codex, v, 17, 10.</p>
+</div>
+<a name="Footnote_251"></a><a href="#FNanchor_251">[251]</a>
+<div class="note">
+<p> Codex, v, 17, 11.</p>
+</div>
+<a name="Footnote_252"></a><a href="#FNanchor_252">[252]</a>
+<div class="note">
+<p> Id.</p>
+</div>
+<a name="Footnote_253"></a><a href="#FNanchor_253">[253]</a>
+<div class="note">
+<p> Novellae, 22, 18.</p>
+</div>
+<a name="Footnote_254"></a><a href="#FNanchor_254">[254]</a>
+<div class="note">
+<p> Novellae, 140, 1: Antiquitus quidem licebat sine periculo
+tales (i.e., those of incompatible temperament) ab invicem separari
+secundum communem voluntatem et consensum hoc agentes,
+sicut et plurimae tunc leges extarent hoc dicentes et <i>bona gratia</i>
+sic procedentem solutionem nuptiarum patria vocitantes voce.
+Postea vero divae memoriae nostro patri.... legem
+sancivit prohibens cum consensu coniugia solvi.... Haec
+igitur aliena nostris iudicantes temporibus in praesenti sacram
+constituimus legem, per quam sancimus licere ut antiquitus
+consensu coniugum solutiones nuptiarum fieri.</p>
+</div>
+<a name="Footnote_255"></a><a href="#FNanchor_255">[255]</a>
+<div class="note">
+<p> Novellae, 134, 11.</p>
+</div>
+<a name="Footnote_256"></a><a href="#FNanchor_256">[256]</a>
+<div class="note">
+<p> Novellae, 134, 10.</p>
+</div>
+<a name="Footnote_257"></a><a href="#FNanchor_257">[257]</a>
+<div class="note">
+<p> Novellae, 134, 10.</p>
+</div>
+<a name="Footnote_258"></a><a href="#FNanchor_258">[258]</a>
+<div class="note">
+<p> Novellae, 22 (praefatio): Antiquitas equidem non satis
+aliquid de prioribus aut secundis perserutabatur nuptiis, sed
+licebat et patribus et matribus et ad plures venire nuptias et
+lucro nullo privari, et causa erat in simplicitate confusa.</p>
+</div>
+<a name="Footnote_259"></a><a href="#FNanchor_259">[259]</a>
+<div class="note">
+<p> The language of some of them is pretty strong, however&#8212;
+matre iam secundis nuptiis <i>funestata</i>&#8212;Codex, v, 9, 3 (Gratian,
+Valentinian, Theodosius).</p>
+</div>
+<a name="Footnote_260"></a><a href="#FNanchor_260">[260]</a>
+<div class="note">
+<p> For these see Codex, v, 9, 1 and 2 and 3.</p>
+</div>
+<a name="Footnote_261"></a><a href="#FNanchor_261">[261]</a>
+<div class="note">
+<p> Cf. Codex, v, 9, 4. Nos enim hac lege id praecipue custodiendum
+esse decrevimus, ut ex quocumque coniugio suscepti
+filii patrum suorum sponsalicias retineant facilitates.</p>
+</div>
+<a name="Footnote_262"></a><a href="#FNanchor_262">[262]</a>
+<div class="note">
+<p> Codex, vi, 56, 5.</p>
+</div>
+<a name="Footnote_263"></a><a href="#FNanchor_263">[263]</a>
+<div class="note">
+<p> Novellae, ii, 3: ex absurditate legis, licet praemoriantur filii
+omnes, non relinquentes filios aut nepotes, nihilominus supplicium
+manet, et non succedit eis mater, sed expellitur ab
+eorum inhumane successione ... sed succedunt quidem
+illis aliqui ex longa cognatione.</p>
+</div>
+<a name="Footnote_264"></a><a href="#FNanchor_264">[264]</a>
+<div class="note">
+<p> Novellae, ii, 3.</p>
+</div>
+<a name="Footnote_265"></a><a href="#FNanchor_265">[265]</a>
+<div class="note">
+<p> Novellae ii, 3.</p>
+</div>
+<a name="Footnote_266"></a><a href="#FNanchor_266">[266]</a>
+<div class="note">
+<p> Codex, vi, 40, 2 and 3.</p>
+</div>
+<a name="Footnote_267"></a><a href="#FNanchor_267">[267]</a>
+<div class="note">
+<p> Novellae, 22, 44: unde sancimus, si quis prohibuerit ad aliud
+venire matrimonium, etc.</p>
+</div>
+<a name="Footnote_268"></a><a href="#FNanchor_268">[268]</a>
+<div class="note">
+<p> Codex, v, 3, 16.</p>
+</div>
+<a name="Footnote_269"></a><a href="#FNanchor_269">[269]</a>
+<div class="note">
+<p> The <i>osculum</i> was a sort of "donation on account of
+marriage" made on the day of the formal engagement.</p>
+</div>
+<a name="Footnote_270"></a><a href="#FNanchor_270">[270]</a>
+<div class="note">
+<p> Codex, i, 3, 54 (56).</p>
+</div>
+<a name="Footnote_271"></a><a href="#FNanchor_271">[271]</a>
+<div class="note">
+<p> Codex, viii, 57 (58), I and 2. Cf. Codex, viii, 58 (59), 1 and 2.</p>
+</div>
+<a name="Footnote_272"></a><a href="#FNanchor_272">[272]</a>
+<div class="note">
+<p> Codex, v, 3, 10.</p>
+</div>
+<a name="Footnote_273"></a><a href="#FNanchor_273">[273]</a>
+<div class="note">
+<p> Codex, i, 3, 54 (56). Gregory of Tours informs us that according
+to the Council of Nicaea&#8212;325 A.D.&#8212;a wife who left
+her husband, to whom she was happily married, to enter a nunnery
+incurred excommunication. He means probably: if she
+went without her husband's consent. Greg. 9, 33: Tunc ego
+accedens ad monasterium canonum Nicaenorum decreta relegi,
+in quibus continetur: quia si quae reliquerit virum et thorum, in
+quo bene vexit, spreverit, dicens quia non sit ei portio in illa
+caelestis regni gloria qui fuerit coniugio copulatus, anathema
+sit. (Note of editor: Videtur esse canon 14 concilii Grangensis,
+quod concilium veteres Nicaeno subiungere solebant; idque
+indicat titulus in veteribus scriptis.)</p>
+</div>
+<a name="Footnote_274"></a><a href="#FNanchor_274">[274]</a>
+<div class="note">
+<p> Codex, i, 3, 54 (56).</p>
+</div>
+<a name="Footnote_275"></a><a href="#FNanchor_275">[275]</a>
+<div class="note">
+<p> Codex, v, 4, 20, and 5, 18.</p>
+</div>
+<a name="Footnote_276"></a><a href="#FNanchor_276">[276]</a>
+<div class="note">
+<p> Codex, i, 9, 6.</p>
+</div>
+<a name="Footnote_277"></a><a href="#FNanchor_277">[277]</a>
+<div class="note">
+<p> Novellae, cix, 1.</p>
+</div>
+<a name="Footnote_278"></a><a href="#FNanchor_278">[278]</a>
+<div class="note">
+<p> Codex, v, 4, 23 and 28.</p>
+</div>
+<a name="Footnote_279"></a><a href="#FNanchor_279">[279]</a>
+<div class="note">
+<p> Codex, vi, 58, 14.</p>
+</div>
+<a name="Footnote_280"></a><a href="#FNanchor_280">[280]</a>
+<div class="note">
+<p> Codex, i, 5, 19.</p>
+</div>
+<a name="Footnote_281"></a><a href="#FNanchor_281">[281]</a>
+<div class="note">
+<p> Codex, v, 35, 2 and 3.</p>
+</div>
+<a name="Footnote_282"></a><a href="#FNanchor_282">[282]</a>
+<div class="note">
+<p> Codex, ii, 55, 6.</p>
+</div>
+<a name="Footnote_283"></a><a href="#FNanchor_283">[283]</a>
+<div class="note">
+<p> Codex, ix, 8, 5.</p>
+</div>
+<a name="Footnote_284"></a><a href="#FNanchor_284">[284]</a>
+<div class="note">
+<p> This law was evidently lasting, for it is quoted with approval
+by Pope Innocent III, in the year 1199&#8212;see Friedberg, <i>Corpus
+Iuris Canonici</i>, vol. ii, p. 782.</p>
+</div>
+<a name="Footnote_285"></a><a href="#FNanchor_285">[285]</a>
+<div class="note">
+<p> Codex, ix, 49, 10.</p>
+</div>
+<a name="Footnote_286"></a><a href="#FNanchor_286">[286]</a>
+<div class="note">
+<p> Codex, v, 16, 24.</p>
+</div>
+<a name="Footnote_287"></a><a href="#FNanchor_287">[287]</a>
+<div class="note">
+<p> For all these enactments see Codex, i, 3, 53 (54), and ix, 13.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_IV"></a>
+<h2><a name="Page_77"></a>CHAPTER IV</h2>
+<h2>WOMEN AMONG THE GERMANIC PEOPLES</h2>
+<p>A second world force had now come into its
+own. The new power was the Germanic
+peoples, those wandering tribes who, after shattering
+the Roman Empire, were destined to form
+the modern nations of Europe and to find in
+Christianity the religion most admirably adapted
+to fill their spiritual needs and shape their ideals.
+In the year 476 the barbarian Odoacer ascended
+the throne of the Caesars. He still pretended to
+govern by virtue of the authority delegated to him
+by Zeno, emperor at Constantinople; but the rupture
+between East and West was becoming final
+and after the reign of Justinian (527-565) it was
+practically complete. Henceforth the eastern
+empire had little or nothing to do with western
+Europe and subsisted as an independent monarchy
+until Constantinople was taken by the Turks in
+1453. I shall not concern myself with it any
+longer.</p>
+<p>In western Europe, then, new races with new
+ideals were forming the nations that to-day are
+England, Germany, France, Spain, Italy, and
+Austria. It is interesting to note what some of
+<a name="Page_78"></a>these barbarians thought about women and what
+place they assigned them.</p>
+<div class="sidenote"><br>
+Julius Caesar's account.</div>
+<p>Our earliest authorities on the subject are
+Julius Caesar and Tacitus. Caesar informs us<a name="FNanchor_288"></a><a
+ href="#Footnote_288"><sup>[288]</sup></a>
+that among the Gauls marriage was a
+well recognized institution. The husband
+contributed of his own goods the same
+amount that his wife brought by way of dowry;
+the combined property and its income were enjoyed
+on equal terms by husband and wife. If husband
+or wife died, all the property became the possession
+of the surviving partner. Yet the husband
+had full power of life and death over his wife as
+over his children; and if, upon the decease of a
+noble, there were suspicions regarding the manner
+of his death, his wife was put to inquisitorial
+torture and was burnt at the stake when adjudged
+guilty of murder. Among the Germans women
+seem to have been held in somewhat greater respect.
+German matrons were esteemed as prophetesses
+and no battle was entered upon unless they
+had first consulted the lots and given assurance
+that the fight would be successful.<a name="FNanchor_289"></a><a
+ href="#Footnote_289"><sup>[289]</sup></a> As for the
+British, who were not a Germanic people, Caesar
+says that they practiced polygamy and near
+relatives were accustomed to have wives in
+common.<a name="FNanchor_290"></a><a href="#Footnote_290"><sup>[290]</sup></a></p>
+<div class="sidenote"> The account of Tacitus.</div>
+<p>Tacitus wrote a century and a half after Julius
+<a name="Page_79"></a>Caesar when the tribes had become better known
+the Romans; hence we get from him more detailed
+information. From him we
+learn that both the Sitones&#8212;a people
+of northern Germany&#8212;and the British often bestowed
+the royal power on women, a circumstance
+which aroused the strong contempt of Tacitus,
+who was in this respect of a conservative mind.<a name="FNanchor_291"></a><a
+ href="#Footnote_291"><sup>[291]</sup></a>
+The Romans had, indeed, good reason to remember
+with sorrow the valiant Boadicea, queen of the
+Britons.<a name="FNanchor_292"></a><a href="#Footnote_292"><sup>[292]</sup></a>
+Regarding the Germans Tacitus wrote
+a whole book in which he idealises that nation as
+a contrast to the lax morality of civilised Rome,
+much as Rousseau in the eighteenth century
+extolled the virtues of savages in a state of nature.
+What Tacitus says in regard to lofty morals we
+shall do well to take with a pinch of salt; but
+we may with more safety trust his accuracy
+when he depicts national customs. From Tacitus
+we learn that the Germans believed something
+divine resided in women<a name="FNanchor_293"></a><a
+ href="#Footnote_293"><sup>[293]</sup></a>; hence their respect for
+them as prophetesses.<a name="FNanchor_294"></a><a href="#Footnote_294"><sup>[294]</sup></a>
+One Velaeda by her
+<a name="Page_80"></a>soothsaying ruled the tribe of Bructeri completely<a
+ name="FNanchor_295"></a><a href="#Footnote_295"><sup>[295]</sup></a>
+and was regarded as a goddess,<a name="FNanchor_296"></a><a
+ href="#Footnote_296"><sup>[296]</sup></a> as were many
+others.<a name="FNanchor_297"></a><a href="#Footnote_297"><sup>[297]</sup></a>
+The German warrior fought his best
+that he might protect and please his wife.<a name="FNanchor_298"></a><a
+ href="#Footnote_298"><sup>[298]</sup></a> The
+standard of conjugal fidelity was strict<a name="FNanchor_299"></a><a
+ href="#Footnote_299"><sup>[299]</sup></a>; men were
+content with one wife, although high nobles were
+sometimes allowed several wives as an increase
+to the family prestige.<a name="FNanchor_300"></a><a
+ href="#Footnote_300"><sup>[300]</sup></a> The dowry was brought
+not by the wife to the husband, but to the wife
+by the husband&#8212;evidently a survival of the
+custom of wife purchase; but the wife was accustomed
+to present her husband with arms and the
+accoutrements of war.<a name="FNanchor_301"></a><a href="#Footnote_301"><sup>[301]</sup></a>
+She was reminded that
+she took her husband for better and worse, to be
+a faithful partner in joy and sorrow until death.<a name="FNanchor_302"></a><a
+ href="#Footnote_302"><sup>[302]</sup></a>
+A woman guilty of adultery was shorn and her
+husband drove her naked through the village
+with blows.<a name="FNanchor_303"></a><a href="#Footnote_303"><sup>[303]</sup></a></p>
+<div class="sidenote"> The written laws of the barbarians.</div>
+<p>We see, then, that by no means all of these
+barbarian nations had the same standards in
+regard to women. Of written laws there were
+<a name="Page_81"></a>none as yet. But contact with the civilisation
+of Rome had its effect; and when Goths, Burgunindians,
+Franks, and Lombards had
+founded new states on the ruins of the
+western Roman Empire, the national
+laws of the Germanic tribes began to be collected
+and put into writing at the close of the fifth century.
+Between the fifth and the ninth centuries we
+get the Visigothic, Burgundian, Salic, Ripuarian,
+Alemannic, Lombardian, Bavarian, Frisian, Saxon,
+and Thuringian law books. They are written in
+medieval Latin and are not elaborated on a scientific
+basis. Three distinct influences are to be
+seen in them: <span style="font-weight: bold;">(1) </span>native race
+customs, ideals, and
+traditions; <span style="font-weight: bold;">(2)</span> Christianity; <span
+ style="font-weight: bold;">(3)</span> the Roman civil
+law, which was felt more or less in all, but especially
+in the case of the Visigoths; as was natural,
+since this people had been brought into closest
+touch with Rome. Inasmuch as the barbarians
+allowed all peoples conquered by them to be tried
+under their own laws, the old Roman civil law
+was still potent in all its strength in cases affecting
+a Roman. Let us endeavour to glean what we
+can from the barbarian codes on the matter of
+women's rights.</p>
+<div class="sidenote"><br>
+Guardianship.</div>
+<p>The woman was always to be under guardianship
+among the Germanic peoples and could never be
+independent under any conditions. Perhaps
+we should rather call the power
+(<i>mundium</i>) wielded by father, brother, husband, or
+other male relative a protectorate; for in those early
+<a name="Page_82"></a>days among rude peoples any legal action might
+involve fighting to prove the merits of one's case,
+and the woman would therefore constantly need a
+champion to assert her rights in the lists. Thus the
+woman was under the perpetual guardianship of a
+male relative and must do nothing without his consent,
+under penalty of losing her property.<a name="FNanchor_304"></a><a
+ href="#Footnote_304"><sup>[304]</sup></a> Her
+guardian arranged her marriage for her as he
+wished, provided only that he chose a free man
+for her husband<a name="FNanchor_305"></a><a href="#Footnote_305"><sup>[305]</sup></a>;
+if the woman, whether
+virgin
+or widow, married without his consent, she lost
+all power to inherit the goods of her relatives<a name="FNanchor_306"></a><a
+ href="#Footnote_306"><sup>[306]</sup></a>;
+and her husband was forced to pay to her kin a
+recompense amounting to 600 <i>solidi</i> among the
+Saxons, 186 among the Burgundians.<a name="FNanchor_307"></a><a
+ href="#Footnote_307"><sup>[307]</sup></a></p>
+<div class="sidenote"><br>
+Marriage.</div>
+<p><a name="Page_83"></a>The feeling of caste was very strong; a woman
+must not marry below her station.<a name="FNanchor_308"></a><a
+ href="#Footnote_308"><sup>[308]</sup></a> By a law
+of the Visigoths she who tried to marry
+her own slave was to be burned alive<a name="FNanchor_309"></a><a
+ href="#Footnote_309"><sup>[309]</sup></a>;
+if she attempted it with another's bondman, she
+merited one hundred lashes.<a name="FNanchor_310"></a><a
+ href="#Footnote_310"><sup>[310]</sup></a> The dowry was a
+fixed institution as among the Romans; but the
+bridegroom regularly paid a large sum to the father
+or guardian of the woman. This <i>wittemon</i> was
+regarded as the price paid for the parental authority
+(<i>mundium</i>) and amounted among the
+Saxons to 300 <i>solidi</i>.<a name="FNanchor_311"></a><a
+ href="#Footnote_311"><sup>[311]</sup></a> As a matter of fact this
+custom practically amounted to the intended
+husband giving the dowry to his future wife. The
+husband was also allowed to present his wife with
+a donation (<i>morgengabe</i>) on the morning after the
+<a name="Page_84"></a>wedding; the amount was limited by King Liutprand
+to not more than one fourth of all his goods.<a name="FNanchor_312"></a><a
+ href="#Footnote_312"><sup>[312]</sup></a>
+Breaking an engagement after the solemn betrothal
+had been entered into was a serious
+business. The Visigoths refused to allow one party
+to break an engagement without the consent of
+the other; and if a woman, being already engaged,
+went over to another man without her parent's
+or fianc&eacute;'s leave, both she and the man who took
+her were handed over as slaves to the original
+fianc&eacute;.<a name="FNanchor_313"></a><a href="#Footnote_313"><sup>[313]</sup></a>
+The other barbarians were content to
+inflict a money fine for breach of promise.<a name="FNanchor_314"></a><a
+ href="#Footnote_314"><sup>[314]</sup></a></p>
+<div class="sidenote"><br>
+Power of the husband.</div>
+<p>The woman on marrying passed into the power
+of her husband "according to the Sacred Scriptures,"
+and the husband thereupon acquired
+the lordship of all her property.<a name="FNanchor_315"></a><a
+ href="#Footnote_315"><sup>[315]</sup></a>
+The law still protected the wife in some ways.
+The Visigoths gave the father the right of demanding
+and preserving for his daughter her dowry.<a name="FNanchor_316"></a><a
+ href="#Footnote_316"><sup>[316]</sup></a>
+The Ripuarians ordained that whatever the hus<a name="Page_85"></a>band
+had given his wife by written agreement
+must remain inviolate.<a name="FNanchor_317"></a><a href="#Footnote_317"><sup>[317]</sup></a>
+King Liutprand made
+the presence of two or three of the woman's male
+relatives necessary at any sale involving her goods,
+to see to it that her consent to the sale had not
+been forced.<a name="FNanchor_318"></a><a href="#Footnote_318"><sup>[318]</sup></a></p>
+<div class="sidenote"><br>
+Divorce.</div>
+<p>On the subject of divorce the regulations of the
+several peoples are various; but the commands of
+the New Testament are alike strongly felt
+in all; and we may expect to find divorce
+limited by severe restrictions.<a name="FNanchor_319"></a><a
+ href="#Footnote_319"><sup>[319]</sup></a> The Burgundians
+allowed it only for adultery or grave crimes, such
+as violating tombs. If a wife presumed to dismiss
+her husband for any other cause, she was put to
+death (<i>necetur in luto</i>); to a husband who sent his
+wife a divorce without these specific reasons existing
+the law was more indulgent, allowing him to
+preserve his life by paying to his injured wife twice
+the amount that he had originally given her
+parents for her, and twelve <i>solidi</i> in addition; and
+in case he attempted to prove her guilty of one of
+the charges mentioned above and she was adjudged
+innocent, he forfeited all his goods to her
+and was forced to leave his home.<a name="FNanchor_320"></a><a
+ href="#Footnote_320"><sup>[320]</sup></a> The Visigoths
+<a name="Page_86"></a>were equally strict; the husband who dismissed
+his
+wife on insufficient legal grounds lost all power
+over her and must return all her goods; his own
+must be preserved for the children; if there were
+none, the wife acquired his property. A woman
+who married a divorced man while his first wife
+was living, was condemned for adultery and
+accordingly handed over to the first wife to be
+disposed of as the latter wished; exile, stripes, and
+slavery were the lot of a man who took another
+wife while his first partner was still alive.<a name="FNanchor_321"></a><a
+ href="#Footnote_321"><sup>[321]</sup></a> The
+Alemanni and the Bavarians, who were more
+remote from Italy and hence from the Church,
+were influenced more by their own customs and
+allowed a pecuniary recompense to take the place
+of the harsher enactments.<a name="FNanchor_322"></a><a
+ href="#Footnote_322"><sup>[322]</sup></a></p>
+<div class="sidenote"> Adultery.</div>
+<p>Adultery was not only a legal cause for divorce,
+but also a grave crime. All the barbarian peoples
+are agreed in so regarding it, but their
+penalties vary according as they were
+more or less affected by proximity to Italy, where
+the power of the Church was naturally strongest.
+The Ripuarians, the Bavarians, and the Alemanni
+preferred a money fine ranging from fifty to two
+hundred <i>solidi</i>.<a name="FNanchor_323"></a><a
+ href="#Footnote_323"><sup>[323]</sup></a> Among the Visigoths the
+guilty
+party was usually bound over in servitude to the
+injured person to be disposed of as the latter
+<a name="Page_87"></a>wished.<a name="FNanchor_324"></a><a
+ href="#Footnote_324"><sup>[324]</sup></a> Sometimes the law was
+harsher to
+women than to men; thus, according to a decree
+of Liutprand,<a name="FNanchor_325"></a><a href="#Footnote_325"><sup>[325]</sup></a>
+a husband who told his wife to
+commit adultery or who did so himself paid a
+mulct of fifty <i>solidi</i> to the wife's male relatives;
+but if the wife consented to or hid the deed, she
+was put to death. The laws all agree that the
+killing of adulterers taken in the act could not be
+regarded as murder.</p>
+<div class="sidenote"> The Church indulgent toward kings.</div>
+<p>It is always to be remembered that although the
+statutes were severe enough, yet during this period,
+as indeed throughout all history, they
+were defied with impunity. Charlemagne,
+for example, the most Christian
+monarch, had a large number of concubines and
+divorced a wife who did not please him; yet his
+biographer Einhard, pious monk as he was, has no
+word of censure for his monarch's irregularities<a name="FNanchor_326"></a><a
+ href="#Footnote_326"><sup>[326]</sup></a>;
+and policy prevented the Church from thundering
+at a king who so valiantly crushed the heretics, her
+enemies. Bishop Gregory of Tours tells us without
+a hint of being shocked that Clothacharius,
+King of the Franks, had many concubines.<a name="FNanchor_327"></a><a
+ href="#Footnote_327"><sup>[327]</sup></a> Con<a name="Page_88"></a>cubinage
+was, in fact, the regular thing.<a name="FNanchor_328"></a><a
+ href="#Footnote_328"><sup>[328]</sup></a> But
+neither in that age, nor later in the case of Louis
+XIV, nor in our own day in the case of Leopold of
+Belgium has the Church had a word of reproach
+for monarchs who broke with impunity moral laws
+on which she claims always to have insisted without
+compromise.</p>
+<div class="sidenote"> Remarriage.</div>
+<p>In accordance with the commands of Scripture
+neither the divorced man nor the divorced woman
+could marry again during the lifetime
+of the other party. To do so was to
+commit adultery, for which the usual penalties
+went into effect.</p>
+<div class="sidenote"> Property rights and powers.</div>
+<p>A woman's property would consist of any or
+all of these:</p>
+<p><span style="font-weight: bold;">I.</span> Her share of the property
+of
+parents or brothers and sisters.</p>
+<p><span style="font-weight: bold;">II.</span> Her dowry and whatever
+nuptial donations
+(<i>morgengabe</i>) her husband had given her,
+and whatever she had earned together with her
+husband.</p>
+<p>There could be no account of single women's
+property or disposal of what they earned, because
+in the half-civilised state of things which then
+obtained there was no such thing as women
+engaging in business; indeed, not even men of any
+pretension did so; war was their work. The
+unmarried woman was content to sit by the fire
+<a name="Page_89"></a>and spin under the guardianship and support of a
+male relative. Often she would enter a convent.</p>
+<p>I shall first discuss the laws of inheritance as
+affecting women, in order to note what property
+she was allowed to acquire. In this connection
+it is well to bear in mind a difference between
+Roman and Germanic law. The former viewed
+an inheritance as consisting always of a totality
+of all goods, whether of money, land, movables,
+cattle, dress, or what not. But among the
+Germanic peoples land, money, ornaments, and the
+like were regarded as so many distinct articles of
+inheritance, to some of which women might have
+legal claims of succession, but not necessarily to
+all. This is most emphatically shown in the case
+of land. Of all the barbarian peoples, the Ripuarians
+alone allowed women the right to succeed
+to land.<a name="FNanchor_329"></a><a href="#Footnote_329"><sup>[329]</sup></a>
+Among other nations a daughter or
+sister or mother, whoever happened to be the
+nearest heir, would get the money, slaves, etc.,
+but the nearest <i>male</i> kin would get the land.<a
+ name="FNanchor_330"></a><a href="#Footnote_330"><sup>[330]</sup></a>
+Only if male kin were lacking to the fifth degree&#8212;an improbable
+contingency&#8212;did alodial inheritance "pass from the lance
+to the spindle."<a name="FNanchor_331"></a><a href="#Footnote_331"><sup>[331]</sup></a>
+<a name="Page_90"></a>In respect to all other things a daughter was
+co-heir
+with a son to the estate of a father or mother.
+According to the Salic and </p>
+<p>Ripuarian law this
+would be one order of succession<a name="FNanchor_332"></a><a
+ href="#Footnote_332"><sup>[332]</sup></a>:</p>
+<br>
+<table summary="" border="0" style="width: 100%;" cellpadding="2" cellspacing="2">
+  <tbody>
+    <tr>
+      <td style="text-align: right;"><span style="margin-left: 1.5em;">I.</span></td>
+      <td> Children of the deceased.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right;"><span style="margin-left: 1em;">II.</span></td>
+      <td> These failing, surviving mother or
+father of deceased.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right;"><span style="margin-left: 0.5em;">III.</span></td>
+      <td> These failing, brother or sister
+of deceased.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right;"><span style="margin-left: 1em;">IV.</span></td>
+      <td> These failing, sister of mother of
+deceased.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right;"><span style="margin-left: 1.5em;">V.</span></td>
+      <td> These failing, sister of father of
+deceased.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right;"><span style="margin-left: 1em;">VI.</span></td>
+      <td> These failing, male relatives on
+father's side.</td>
+    </tr>
+  </tbody>
+</table>
+<p>It will be observed that in such a succession these
+laws are more partial to women relatives than the
+Roman law; an aunt, for example, is called before
+an uncle. An uncle would certainly exclude an
+aunt under the Roman law; but most of the
+Germanic codes allowed them an equal succession.<a name="FNanchor_333"></a><a
+ href="#Footnote_333"><sup>[333]</sup></a>
+Nevertheless, when women did inherit under
+the former, they acquired the land also. Moreover,
+the woman among the Germanic nations
+must always be under guardianship; and whereas
+under the Empire the power of the guardian was
+in practice reduced to nullity, as I have shown,
+among the barbarians it was extremely powerful,
+because to assert one's rights often involved
+fighting in the lists to determine the judgment
+<a name="Page_91"></a>of God. It was a settled conviction among the
+Germanic peoples that God would give the victory
+to the rightful claimant. As women could not
+fight, a champion or guardian was a necessity.
+This was not true in Roman courts, which preferred
+to settle litigation by juristic reasoning and believed,
+like Napoleon, that God, when appealed to
+in a fight, was generally on the side of the party
+who had the better artillery.</p>
+<p>Children inherited not only the estate but also
+the friendships and enmities of their fathers, which
+it was their duty to take up. Hereditary feuds
+were a usual thing.<a name="FNanchor_334"></a><a href="#Footnote_334"><sup>[334]</sup></a>
+King Liutprand ordaine<a name="FNanchor_335"></a><a href="#Footnote_335"><sup>[335]</sup></a>
+however, that if a daughter alone survived, the
+feud was to be brought to an end and an agreement
+effected.</p>
+<p>Some of the nations seem to have provided
+that children must not be disinherited except for
+very strong reasons; for example, the law of the
+Visigoths<a name="FNanchor_336"></a><a href="#Footnote_336"><sup>[336]</sup></a>
+forbids more than one third of their
+estate being alienated by mother or father,
+grandmother or grandfather. The Alemanni permitted
+a free man to leave all his property to the
+Church and his heirs had no redress<a name="FNanchor_337"></a><a
+ href="#Footnote_337"><sup>[337]</sup></a>; but the
+Bavarians compelled him before entering monastic
+life to distribute among his children their proportionate
+parts.<a name="FNanchor_338"></a><a href="#Footnote_338"><sup>[338]</sup></a></p>
+<div class="sidenote"> Property of the married woman.</div>
+<p><a name="Page_92"></a>We may pass now to the property rights of the
+married woman. The relation of her husband
+to the dowry I have already explained.
+The dowry was conceived as being
+ultimately for the children; only when
+there were no children, grandchildren, or great-grandchildren
+did the woman have licence to dispose
+of the dowry as she wished: this was the law
+among the Visigoths.<a name="FNanchor_339"></a><a href="#Footnote_339"><sup>[339]</sup></a>
+The dowry, then, was
+to revert to the children or grandchildren at the
+death of the wife; if there were none such, to the
+parents or relatives who had given her in marriage;
+these failing, it escheated to the Crown&#8212;so
+according to Rotharis.<a name="FNanchor_340"></a><a href="#Footnote_340"><sup>[340]</sup></a>
+By the laws of the
+Visigoths<a name="FNanchor_341"></a><a href="#Footnote_341"><sup>[341]</sup></a>
+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.<a name="FNanchor_342"></a><a
+ href="#Footnote_342"><sup>[342]</sup></a>
+<a name="Page_93"></a>When the husband died, his estate did not go to
+wife, but to his children or other relatives.<a name="FNanchor_343"></a><a
+ href="#Footnote_343"><sup>[343]</sup></a>
+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.<a name="FNanchor_344"></a><a href="#Footnote_344"><sup>[344]</sup></a>
+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.<a name="FNanchor_345"></a><a href="#Footnote_345"><sup>[345]</sup></a>
+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.<a name="FNanchor_346"></a><a href="#Footnote_346"><sup>[346]</sup></a>
+The Bavarians, too, under the same
+conditions allowed her one half of her husband's
+goods<a name="FNanchor_347"></a><a href="#Footnote_347"><sup>[347]</sup></a>
+and even if there was issue, granted her
+the right to the interest of as much as one child
+received.<a name="FNanchor_348"></a><a href="#Footnote_348"><sup>[348]</sup></a></p>
+<p>A widow who married again lost the privilege
+<a name="Page_94"></a>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.<a name="FNanchor_349"></a><a
+ href="#Footnote_349"><sup>[349]</sup></a>
+When there was no issue of the first marriage
+then the dowry and nuptial donations could
+usually follow her to a second union.</p>
+<div class="sidenote"> Criminal law pertaining to women.</div>
+<p>Criminal law among these half civilised
+nations could not but be a crude affair. Their
+civilisation was in a state of flux, and
+immediate practical convenience was
+the only guide. They were content to
+fix the penalties for such outrages as murder, rape,
+insult, assault, and the like in money; the Visigoths
+alone were more stringent in a case of rape,
+adding 200 lashes and slavery to the ravisher of
+a free woman who had accomplished his purpose.<a name="FNanchor_350"></a><a
+ href="#Footnote_350"><sup>[350]</sup></a>
+Some enactments which may well strike us as
+peculiar deserve notice. For example, among the
+Saxons the theft of a horse or an ox or anything
+worth three <i>solidi</i> merited death; but murder
+was atoned for by pecuniary damages.<a name="FNanchor_351"></a><a
+ href="#Footnote_351"><sup>[351]</sup></a> Among
+<a name="Page_95"></a>the Burgundians, if a man stole horses or cattle
+and his wife did not at once disclose the deed,
+she and her children who were over fourteen were
+bound over in slavery to the outraged party "because
+it hath often been ascertained, that these
+women are the confederates of their husbands in
+crime."<a name="FNanchor_352"></a><a href="#Footnote_352"><sup>[352]</sup></a></p>
+<p>The most minute regulations prevailed on the
+subject of injury to women. Under the Salic law<a name="FNanchor_353"></a><a
+ href="#Footnote_353"><sup>[353]</sup></a>
+for instance, if a free man struck a free women on
+the fingers or hand, he had to pay fifteen <i>solidi</i>;
+if he struck her arm, thirty <i>solidi</i>; if above her
+elbow, thirty-five <i>solidi</i>; if he hit her breast, forty-five
+<i>solidi</i>. The penalties for murdering a free
+woman were also elaborated on the basis of her
+value to the state as a bearer of children. By the
+same Salic law<a name="FNanchor_354"></a><a href="#Footnote_354"><sup>[354]</sup></a>
+injury to a pregnant woman
+resulting in her death merited a fine of seven
+hundred <i>solidi</i>; but two hundred was deemed
+sufficient for murder of one after her time
+for bearing children had passed. Similarly, for
+killing a free woman after she had begun to
+have children the transgressor paid six hundred
+<i>solidi</i>; but for murdering an unmarried freeborn
+girl only two hundred. The murder
+of a free woman was punished usually by a fine
+<a name="Page_96"></a>(<i>wergeld</i>) equal to twice the amount
+demanded
+for a free man "because," as the law of the Bavarians
+has it,<a name="FNanchor_355"></a><a href="#Footnote_355"><sup>[355]</sup></a>
+"a woman can not defend herself
+with arms. But if, in the boldness of her heart
+(per audaciam cordis sui), she shall have resisted
+and fought like a man, there shall not be a double
+penalty, but only the recompense usual for a man
+[160 <span style="font-style: italic;">solidi</span>]." Fines were not
+paid to the state,
+but to the injuried parties or, if these did not
+survive, to the nearest kin. If the fine could not
+be paid, then might death be meted to the guilty.<a name="FNanchor_356"></a><a
+ href="#Footnote_356"><sup>[356]</sup></a></p>
+<p>Another peculiar feature of the Germanic law
+was the appeal to God to decide a moot point by
+various ordeals. For example, by the laws of the
+Angles and Werini, if a woman was accused of
+murdering her husband, she would ask a male
+relative to assert her innocence by a solemn oath<a name="FNanchor_357"></a><a
+ href="#Footnote_357"><sup>[357]</sup></a>
+or, if necessary, by fighting for her as her champion
+in the lists. God was supposed to give the victory
+to the champion who defended an innocent party.
+<a name="Page_97"></a>If she could find no champion, she was permitted
+to
+walk barefoot over nine red-hot ploughshares<a name="FNanchor_358"></a><a
+ href="#Footnote_358"><sup>[358]</sup></a>;
+and if she was innocent, God would not, of course,
+allow her to suffer any injury in the act.</p>
+<div class="sidenote"> Women in slavery.</div>
+<p>Perhaps a word on the status of women in
+slavery among the Germanic nations will not be
+out of place. The new nations looked
+upon a slave as a chattel, much as the
+Romans did. If a wrong was done a slave woman,
+her master received a recompense from the
+aggressor, but she did not, for to hold property
+was denied her. But we may well believe that the
+great value which the Church put on chastity
+and conjugal fidelity rendered the slave woman
+less exposed to the brutal passions of her lord
+than had been the case under the Empire. Thus,
+by a law of King Liutprand, a master who committed
+adultery with the wife of a slave was
+compelled to free both<a name="FNanchor_359"></a><a href="#Footnote_359"><sup>[359]</sup></a>;
+and the Visigot<a name="FNanchor_360"></a><a href="#Footnote_360"><sup>[360]</sup></a>
+inflicted
+fifty lashes and a fine of twenty <i>solidi</i> upon
+the man who used violence to another man's slave
+woman.</p>
+<p>On comparing the position of women under
+Roman law and under the Germanic nations, as
+we have observed them thus far, we should note
+first of all that under the latter women benefited
+chiefly by the insistence of the Church on the value
+<a name="Page_98"></a>of chastity in both sexes. That in those days the
+passions of men were difficult to restrain in practice
+does not invalidate the real service done the
+world by the ideal that was insisted upon,<a name="FNanchor_361"></a><a
+ href="#Footnote_361"><sup>[361]</sup></a> an
+ideal which was certainly not held in pagan
+antiquity except by a few great minds. Although
+the social position of woman was thus improved,
+the character of the age and the sentiments of the
+Bible which I have already quoted made her status
+far inferior to her condition under Roman law so
+far as her legal rights were concerned. In a
+period<a name="FNanchor_362"></a><a href="#Footnote_362"><sup>[362]</sup></a>
+when the assertion of one's rights constantly
+demanded fighting, the woman was forced
+to rely on the male to champion her; the Church,
+in accordance with the dicta of the Apostles, encouraged
+and indeed commanded her to confine
+herself to the duties of the household, to leave legal
+matters to men, and to be guided by their advice;
+and thus she was prevented from asserting herself
+out of regard for the strong public opinion on the
+subject, which was quite alien to the sentiments
+of the old Roman law. Henceforward also we
+are to have law based on old customs and <i>theology</i>,<a
+ name="FNanchor_363"></a><a href="#Footnote_363"><sup>[363]</sup></a>
+not on practical convenience or scientific reasoning.<br>
+<br>
+</p>
+<h4 style="text-align: left;"><a name="Page_99"></a>SOURCES</h4>
+<p>I. Corpus Iuris Germanici Antiqui: edidit Ferd. Walter.
+Berolini&#8212;impensis G. Reimeri, 1824. 3 vols.</p>
+<p>II. C. Iulii Caesaris Commentarii de Bello Gallico: recognovit
+Geo. Long. Novi Eboraci apud Harperos Fratres. 1883</p>
+<p>III. Cornelii Taciti libri qui supersunt: quartum recognovit
+Carolus Halm. Lipsiae (Teubner), 1901.</p>
+<p>IV. Sancti Georgii Florentii Gregorii, Episcopi Turonensis,
+Historiae Ecclesiasticae Francorum libri decem: edidit J.
+Guadet et N.R. Taranne. Parisiis, apud Julium Renouard et
+Socios, 1838.</p>
+<p>V. Iordanis de Origine Actibusque Getorum: edidit Alfred
+Holder. Freiburg und Tubingen; Verlagsbuchhandlung von J.
+C.B. Mohr.</p>
+<p>VI. Widukindi Rerum Gestarum Saxonicarum libri tres.
+Accedit libellus de Origine Gentis Suevorum. Editio quarta:
+post Georgium Waitz recognovit Karolus A. Kehr. Hannoverae
+et Lipsiae Impensis Bibliopolii Hahniani, 1904.</p>
+<p>VII. Procopii Caesariensis opera omnia: recognovit Jacobus
+Haury. Lipsiae. (Teubner). 1905.</p>
+<p>VIII. Einhardi Vita Karoli Magni. Editio quinta. Post
+G.H. Perte recensuit G. Waitz. Hannoverae et Lipsiae, 1905.</p>
+<p>IX. Pauli Historia Langobardorum: edidit Georg Waitz.
+Hannoverae, impensis Bibliopolii Hahniani, 1878.<br>
+<br>
+</p>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_288"></a><a href="#FNanchor_288">[288]</a>
+<div class="note">
+<p> <i>de Bell. Gall</i>., vi, 19.</p>
+</div>
+<a name="Footnote_289"></a><a href="#FNanchor_289">[289]</a>
+<div class="note">
+<p> Id., i, 50.</p>
+</div>
+<a name="Footnote_290"></a><a href="#FNanchor_290">[290]</a>
+<div class="note">
+<p> Id., v, 14.</p>
+</div>
+<a name="Footnote_291"></a><a href="#FNanchor_291">[291]</a>
+<div class="note">
+<p> <i>Agricola</i>, 16. <i>Germania</i>, 45: Suionibus Sitonum
+gentes
+continuantur. Cetera similes, uno differunt, quod femina dominatur;
+in tantum non modo a libertate, sed etiam a servitute degenerant.
+No woman ever reigned alone as queen of the Roman
+Empire until 450 A.D., when Pulcheria, sister of Theodosius II,
+ascended the throne of the East; but she soon took the senator
+Marcian in marriage and made him king.</p>
+</div>
+<a name="Footnote_292"></a><a href="#FNanchor_292">[292]</a>
+<div class="note">
+<p> <i>Agricola</i>, 16.</p>
+</div>
+<a name="Footnote_293"></a><a href="#FNanchor_293">[293]</a>
+<div class="note">
+<p> <i>Germania</i>, 8.</p>
+</div>
+<a name="Footnote_294"></a><a href="#FNanchor_294">[294]</a>
+<div class="note"> Procopius, <i>de bello Vandalico</i>, ii, 8,
+observes the same thing
+among the Maurousians, or Moors, <br>
+in northern Africa:
+<div
+ title="andra gar manteuesthai en t&ocirc; ethnei tout&ocirc; ou themis, alla gunaikes sphisi katochoi hek d&ecirc; tinos
+ierourgias ginomenai prolegousi ta esomena, t&ocirc;n palai chr&ecirc;st&ecirc;ri&ocirc;n
+oudenos &ecirc;sson.">&#913;&#957;&#948;&#961;&#945;
+&#947;&#945;&#961; &#956;&#945;&#957;&#964;&#949;&#965;&#949;&#963;&#952;&#945;&#953; &#949;&#957; &#964;&#969; &#949;&#952;&#957;&#949;&#953; &#964;&#959;&#965;&#964;&#969; &#959;&#965; &#952;&#949;&#956;&#953;&#962;
+, &#945;&#955;&#955;&#945; &#947;&#965;&#957;&#945;&#953;&#954;&#949;&#962; &#963;&#966;&#953;&#963;&#953; &#954;&#945;&#964;&#959;&#967;&#959;&#953; <br>
+h&#949;&#954; &#948;&#951; &#964;&#953;&#957;&#959;&#962; &#953;&#949;&#961;&#959;&#965;&#961;&#947;&#953;&#945;&#963; &#947;&#953;&#957;&#959;&#956;&#949;&#957;&#945;&#953;
+&#960;&#961;&#959;&#955;&#949;&#947;&#959;&#965;&#963;&#953; &#964;&#945; &#949;&#963;&#959;&#956;&#949;&#957;&#945;,
+&#964;&#969;&#957; &#960;&#945;&#955;&#945;&#953;
+&#967;&#961;&#951;&#963;&#964;&#951;&#961;&#953;&#969;&#957; &#959;&#965;&#948;&#949;&#957;&#959;&#962; &#951;&#963;&#963;&#959;&#957;.</div>
+</div>
+<a name="Footnote_295"></a><a href="#FNanchor_295">[295]</a>
+<div class="note">
+<p> Tacitus, <i>Hist</i>., iv, 61, and v, 24.</p>
+</div>
+<a name="Footnote_296"></a><a href="#FNanchor_296">[296]</a><a
+ href="#FNanchor_296"></a>
+<div class="note">
+<p> Id., <i>Germania</i>, 8.</p>
+</div>
+<a name="Footnote_297"></a><a href="#FNanchor_297">[297]</a>
+<div class="note">
+<p> Ibid., 8.</p>
+</div>
+<a name="Footnote_298"></a><a href="#FNanchor_298">[298]</a>
+<div class="note">
+<p> Ibid., 7.</p>
+</div>
+<a name="Footnote_299"></a><a href="#FNanchor_299">[299]</a>
+<div class="note">
+<p> Ibid., 17.</p>
+</div>
+<a name="Footnote_300"></a><a href="#FNanchor_300">[300]</a>
+<div class="note">
+<p> Ibid.</p>
+</div>
+<a name="Footnote_301"></a><a href="#FNanchor_301">[301]</a>
+<div class="note">
+<p> Ibid., 18.</p>
+</div>
+<a name="Footnote_302"></a><a href="#FNanchor_302">[302]</a>
+<div class="note">
+<p> Ibid., 18 and 19.</p>
+</div>
+<a name="Footnote_303"></a><a href="#FNanchor_303">[303]</a>
+<div class="note">
+<p> Ibid., 19.</p>
+</div>
+<a name="Footnote_304"></a><a href="#FNanchor_304">[304]</a>
+<div class="note">
+<p> Liutprand, i, 5: Si filiae aut sorores contra voluntatem patris
+aut fratris egerint, potestatem habet pater aut frater iudicandi
+res suas quomodo aut qualiter voluerit.</p>
+</div>
+<a name="Footnote_305"></a><a href="#FNanchor_305">[305]</a>
+<div class="note">
+<p> Leges Liutprandi, vi, 119: si quis filiam suam aut sororem
+alii sponsare voluerit, habeat potestatem dandi cui voluerit,
+libero tamen homini. Lex Wisigothorum, iii, 1, 7 and 8.</p>
+</div>
+<a name="Footnote_306"></a><a href="#FNanchor_306">[306]</a>
+<div class="note">
+<p> Leges Liutprandi, vi, 119. Lex Angliorum et Werinorum,
+x, 2: si libera femina sine voluntate patris aut tutoris cuilibet
+nupserit, perdat omnem substantiam quam habuit vel habere
+debuit. Reply of a bishop quoted by Gregory of Tours, 9, 33:
+quia sine consilio parentum eam coniugio copulasti, non erit
+uxor tua. But the law of the Visigoths (iii, i, 8, and 2,8) merely
+deprived her of succession to the estate of her parents.</p>
+</div>
+<a name="Footnote_307"></a><a href="#FNanchor_307">[307]</a>
+<div class="note">
+<p> Lex Saxonum, vi, 2: Si autem sine voluntate parentum, puella
+tamen consentiente, ducta fuerit (uxorem ducturus) bis ccc
+solidos parentibus eius componat. Lex Burgundionum: <i>Add</i>.,
+14. cf. Edictum Rotharis, 188: si puella libera aut vidua sine
+voluntate parentum ad maritum ambulaverit, liberum tamen,
+tunc maritus, qui eam acceperit uxorem, componat pro anagrip
+solidos XX et propter faidam alios XX.</p>
+</div>
+<a name="Footnote_308"></a><a href="#FNanchor_308">[308]</a>
+<div class="note">
+<p> By a law of the Alemanni (<i>Tit</i>., 57), if two sisters were
+heiresses
+to a father's estate and one married a vassal (<i>colonus</i>) of the
+King
+or Church and the other became the wife of a free man equal
+to her in rank, the latter only was allowed to hold her father's
+land, although the rest of the goods were divided equally.</p>
+</div>
+<a name="Footnote_309"></a><a href="#FNanchor_309">[309]</a>
+<div class="note">
+<p> Lex Wisigothorum, iii, 2, 2.</p>
+</div>
+<a name="Footnote_310"></a><a href="#FNanchor_310">[310]</a>
+<div class="note">
+<p> Ibid., iii, 2, 3.</p>
+</div>
+<a name="Footnote_311"></a><a href="#FNanchor_311">[311]</a>
+<div class="note">
+<p> Lex Saxonum, vi, I: uxorem ducturus CCC solidos det parentibus
+eius. See also the lex Burgundionum, 66, I and 2 and 3.
+In the case of a widow who married again the gift of the husband
+was called <i>reiphe</i> or <i>reippus</i> and very solemn ceremonies
+belonged to the giving of it according to the Salic law, <i>Tit</i>.,
+47: si, ut fieri adsolet, homo moriens viduam dimiserit et cam
+quis in coniugium voluerit accipere, antequam eam accipiat
+Tunginus aut Centenarius Mallum indicent, et in ipso Mallo
+scutum habere debet, et tres homines vel caussas mandare. Et
+tunc ille, qui viduam accipere vult, cum tribus testibus qui
+adprobare debent, tres solidos aeque pensantes, et denarium
+habere debet, etc.</p>
+</div>
+<a name="Footnote_312"></a><a href="#FNanchor_312">[312]</a>
+<div class="note">
+<p> Leges Liutprandi, ii, 1.</p>
+</div>
+<a name="Footnote_313"></a><a href="#FNanchor_313">[313]</a>
+<div class="note">
+<p> Lex Wisigothorum, iii, 1, 2 and 3, and iii, 6, 3.</p>
+</div>
+<a name="Footnote_314"></a><a href="#FNanchor_314">[314]</a>
+<div class="note">
+<p> E.g., 62 <i>solidi</i> by the Salic law, <i>Tit</i>., 70. See
+also Lex
+Baiuvariorum, <i>Tit</i>., vii, 15 and 16 and 17. Lex Alemannorum,
+52, i; 53; 54.</p>
+</div>
+<a name="Footnote_315"></a><a href="#FNanchor_315">[315]</a>
+<div class="note">
+<p> Lex Burgundionum, <i>Add. primum</i>, xiii: quaecumque mulier
+Burgundia vel Romana voluntate sua ad maritum ambulaverit,
+iubemus ut maritus ipse de facultate ipsius mulieris, sicut in
+eam habet potestatem, ita et de rebus suis habeat.
+</p>
+<p>Lex Wisigothorum, iv, 2, 15: Vir qui uxorem suam secundum
+sacram scripturam habet in potestate, similiter et in servis suis
+potestatem habebit, et omnia quae cum servis uxoris suae vel
+suis in expeditione acquisivit, in sua potestate permaneant.</p>
+</div>
+<a name="Footnote_316"></a><a href="#FNanchor_316">[316]</a>
+<div class="note">
+<p> Lex Wisigothorum, iii, Tit. i, 6.</p>
+</div>
+<a name="Footnote_317"></a><a href="#FNanchor_317">[317]</a>
+<div class="note">
+<p> Lex Ripuariorum, 37, 1.</p>
+</div>
+<a name="Footnote_318"></a><a href="#FNanchor_318">[318]</a>
+<div class="note">
+<p> Leges Liutprandi, iv, 4.</p>
+</div>
+<a name="Footnote_319"></a><a href="#FNanchor_319">[319]</a>
+<div class="note">
+<p> That is, for the common people. Kings have always had a
+little way of doing as they pleased. See the anecdote of King
+Cusupald in Paulus' <i>Hist. Langobard</i>, i, 21: secunda autem (sc.
+filia Wacchonis) dicta est Walderada, quae sociata est Cusupald,
+alio regi Francorum, quam ipse odio habens uni ex suis, qui
+dicebatur Garipald, in coniugium tradidit.</p>
+</div>
+<a name="Footnote_320"></a><a href="#FNanchor_320">[320]</a>
+<div class="note">
+<p> For all this see Lex Burgundionum, 34, 1-4.</p>
+</div>
+<a name="Footnote_321"></a><a href="#FNanchor_321">[321]</a>
+<div class="note">
+<p> For all these, see Lex Wisigothorum, iii, 6, 1 and 2.</p>
+</div>
+<a name="Footnote_322"></a><a href="#FNanchor_322">[322]</a>
+<div class="note">
+<p> Capitula Addita ad Legem Alemannorum, 30. Lex Baiuvariorum,
+vii, 14.</p>
+</div>
+<a name="Footnote_323"></a><a href="#FNanchor_323">[323]</a>
+<div class="note">
+<p> Lex Ripuariorum, <i>Tit</i>., 35. Lex Baiuvariorum, vii. Lex
+Alemannorum, 51, 1.</p>
+</div>
+<a name="Footnote_324"></a><a href="#FNanchor_324">[324]</a>
+<div class="note">
+<p> Lex Wisigothorum, iii, 6, 1 and 2, and iii, 4, 1.</p>
+</div>
+<a name="Footnote_325"></a><a href="#FNanchor_325">[325]</a>
+<div class="note">
+<p> Leges Liutprandi, vi, 130.</p>
+</div>
+<a name="Footnote_326"></a><a href="#FNanchor_326">[326]</a>
+<div class="note">
+<p> Einhard, <i>Vita Kar. Mag</i>., 17: Deinde cum matris hortatu
+filiam Desiderii regis Langobardorum duxisset uxorem, incertum
+qua de causa, post annum eam repudiavit et Hildigardam de
+gente Suaborum praecipuae nobilitatis feminam in matrimonium
+duxit ... Habuit et alias tres filias ... duas de
+Fastrada uxore ... tertiam de concubina quadam ...
+defuncta Fastrada ... tres habuit concubinas.</p>
+</div>
+<a name="Footnote_327"></a><a href="#FNanchor_327">[327]</a>
+<div class="note">
+<p> Gregory of Tours, 4, 3.</p>
+</div>
+<a name="Footnote_328"></a><a href="#FNanchor_328">[328]</a>
+<div class="note">
+<p> The concubines of Theodoric&#8212;Jordanes, <i>de orig. acti
+busque Get.</i>, 58. Huga, king of the Franks, had a filium quem ex
+concubina genuit&#8212;Widukind, <i>Res Gest. Sax.</i>, i, 9.</p>
+</div>
+<a name="Footnote_329"></a><a href="#FNanchor_329">[329]</a>
+<div class="note">
+<p> Lex Ripuariorum, <i>Til</i>., 48. Lex Angliorum et Werinorum,
+vi&#8212;<i>de alodibus</i>, 1: hereditatem defuncti filius, non filia
+suscipiat.
+Salic Law, <i>Tit</i>., 62: <i>de alodis</i>, 6: de terra vero Salica
+in
+mulierem nulla portio hereditatis transit, sed hoc virilis sexus
+adquirat, hoc est, filii in ipsa hereditate succedunt. Lex Saxonum,
+vii, 1: Pater aut mater defuncti filio, non filiae hereditatem
+relinquit.</p>
+</div>
+<a name="Footnote_330"></a><a href="#FNanchor_330">[330]</a>
+<div class="note">
+<p> Cf. Lex Angliorum et Werinorum, vi: <i>de alodibus</i>.</p>
+</div>
+<a name="Footnote_331"></a><a href="#FNanchor_331">[331]</a>
+<div class="note">
+<p> Ibid., vi, 8: post quintam autem (sc. generationem) filia ex
+toto, sive de patris sive de matris parte, in hereditatem succedat,
+et tunc demum hereditas ad fusum a lancea transeat.</p>
+</div>
+<a name="Footnote_332"></a><a href="#FNanchor_332">[332]</a>
+<div class="note">
+<p> Lex Salica, <i>Tit.</i>, 62. Lex Ripuariorum, <i>Tit.</i>, 56.</p>
+</div>
+<a name="Footnote_333"></a><a href="#FNanchor_333">[333]</a>
+<div class="note">
+<p> Cf. Lex Wisigothorum, iv, 2, 7 and 9.</p>
+</div>
+<a name="Footnote_334"></a><a href="#FNanchor_334">[334]</a>
+<div class="note">
+<p> Tacitus, <i>Germania</i>, 21.</p>
+</div>
+<a name="Footnote_335"></a><a href="#FNanchor_335">[335]</a>
+<div class="note">
+<p> Legis Liutprandi, ii, 7.</p>
+</div>
+<a name="Footnote_336"></a><a href="#FNanchor_336">[336]</a>
+<div class="note">
+<p> Lex Wisigothorum, iv, 5, I.</p>
+</div>
+<a name="Footnote_337"></a><a href="#FNanchor_337">[337]</a>
+<div class="note">
+<p> Lex Alemannorum, <i>Tit.</i>, i.</p>
+</div>
+<a name="Footnote_338"></a><a href="#FNanchor_338">[338]</a>
+<div class="note">
+<p> Lex Baiuvariorum, <i>Tit.</i>, i.</p>
+</div>
+<a name="Footnote_339"></a><a href="#FNanchor_339">[339]</a>
+<div class="note">
+<p> Lex Wisigothorum, iv, 2, 20.</p>
+</div>
+<a name="Footnote_340"></a><a href="#FNanchor_340">[340]</a>
+<div class="note">
+<p> Edictum Rotharis, i, 121.</p>
+</div>
+<a name="Footnote_341"></a><a href="#FNanchor_341">[341]</a>
+<div class="note">
+<p> Lex Wisigothorum, iv, 2, 13.</p>
+</div>
+<a name="Footnote_342"></a><a href="#FNanchor_342">[342]</a>
+<div class="note">
+<p> Cf. Capitula addita ad legem Alemannorum, 29. Lex
+Saxonum, viii, 2.</p>
+</div>
+<a name="Footnote_343"></a><a href="#FNanchor_343">[343]</a>
+<div class="note">
+<p> Cf. lex Wisigothorum, iv, 2, 11: maritus et uxor tunc sibi
+hereditario iure succedant, quando mulla affinitas usque ad
+septimum gradum de propinquis eorum vel parentibus inveniri
+poterit. See also Lex Burgundionum, 14, 1.</p>
+</div>
+<a name="Footnote_344"></a><a href="#FNanchor_344">[344]</a>
+<div class="note">
+<p> Lex Saxonum, ix. Lex Ripuariorum, 37, 2.</p>
+</div>
+<a name="Footnote_345"></a><a href="#FNanchor_345">[345]</a>
+<div class="note">
+<p> Lex Saxonum, viii. Lex Wisigothorum, iv, 3, 3. Lex Burgundionum
+85, 1, and 62, 1.</p>
+</div>
+<a name="Footnote_346"></a><a href="#FNanchor_346">[346]</a>
+<div class="note">
+<p> Lex Burgundionum, 42, 1; 62, 1; 74, 1.</p>
+</div>
+<a name="Footnote_347"></a><a href="#FNanchor_347">[347]</a>
+<div class="note">
+<p> Lex Baiuvariorum, xiv, 9, 1.</p>
+</div>
+<a name="Footnote_348"></a><a href="#FNanchor_348">[348]</a>
+<div class="note">
+<p> Ibid., xiv, 6.</p>
+</div>
+<a name="Footnote_349"></a><a href="#FNanchor_349">[349]</a>
+<div class="note">
+<p> For all this, see Lex Burgundionum, 24 and 62 and 74. Lex
+Wisigothorum, iv, Tit. 3. Lex Baiuvariorum, 14. Lex Alemannorum,
+55 and 56.</p>
+</div>
+<a name="Footnote_350"></a><a href="#FNanchor_350">[350]</a>
+<div class="note">
+<p> Lex Wisigothorum, iii, 3, 1.</p>
+</div>
+<a name="Footnote_351"></a><a href="#FNanchor_351">[351]</a>
+<div class="note">
+<p> Lex Saxonum, iv. In the early days when the Great West
+of the United States was just being opened up and when society
+there was in a very crude state, a horse thief was regularly hanged;
+but murder was hardly a fault.</p>
+</div>
+<a name="Footnote_352"></a><a href="#FNanchor_352">[352]</a>
+<div class="note">
+<p> Lex Burgundionum, 47, 1 and 2. The guilty man was put
+to death.</p>
+</div>
+<a name="Footnote_353"></a><a href="#FNanchor_353">[353]</a>
+<div class="note">
+<p> Lex Salica, <i>Tit.</i>, 23.</p>
+</div>
+<a name="Footnote_354"></a><a href="#FNanchor_354">[354]</a>
+<div class="note">
+<p> Id, <i>Tit.</i>, 28.</p>
+</div>
+<a name="Footnote_355"></a><a href="#FNanchor_355">[355]</a>
+<div class="note">
+<p> Lex Baiuvariorum, <i>Tit.</i>, xiii, 2.</p>
+</div>
+<a name="Footnote_356"></a><a href="#FNanchor_356">[356]</a>
+<div class="note">
+<p> Cf. lex Salica, <i>Tit.</i>, 61&#8212;a very curious account of
+formalities
+to be observed in such a case.</p>
+</div>
+<a name="Footnote_357"></a><a href="#FNanchor_357">[357]</a>
+<div class="note">
+<p> It was deemed sufficient for a male relative, say, the father,
+to assert the innocence of the woman under solemn oath: for
+it was thought that he would be unwilling to do this if he knew
+the woman was guilty and so incur eternal Hell-fire as a punishment
+for perjury. An example of this solemn ceremony is
+told interestingly by Gregory of Tours, 5, 33. A woman at
+Paris was charged by her husband's relatives with adultery and
+was demanded to be put to death. Her father took a solemn
+oath that she was innocent. Far from being content with this,
+the husband's kin began a fight and the matter ended in a wholesale
+butchery at the church of St. Dionysius.</p>
+</div>
+<a name="Footnote_358"></a><a href="#FNanchor_358">[358]</a>
+<div class="note">
+<p> Lex Angliorum et Werinorum, xiv: aut si campionem non
+habuerit, ipsa ad novem vomeres ignitos examinanda mittatur.</p>
+</div>
+<a name="Footnote_359"></a><a href="#FNanchor_359">[359]</a>
+<div class="note">
+<p> Leges Liutprandi, vi, 140.</p>
+</div>
+<a name="Footnote_360"></a><a href="#FNanchor_360">[360]</a>
+<div class="note">
+<p> Lex Wisigothorum, iii, 4, 16.</p>
+</div>
+<a name="Footnote_361"></a><a href="#FNanchor_361">[361]</a>
+<div class="note">
+<p> See the interesting story of the girl who slew Duke Amalo,
+as narrated by Gregory of Tours, 9, 27.</p>
+</div>
+<a name="Footnote_362"></a><a href="#FNanchor_362">[362]</a>
+<div class="note">
+<p> The bloody nature of the times is depicted na&iuml;vely by Gregory,
+Bishop of Tours, who wrote the history of the Franks.
+See, e.g., the stories of Ingeltrudis, Rigunthis, Waddo, Amalo,
+etc., in Book 9. Gregory was born in 539.</p>
+</div>
+<a name="Footnote_363"></a><a href="#FNanchor_363">[363]</a>
+<div class="note">
+<p> <i>Corpus Iuris Canonici</i> (Friedberg), vol. i, p. 1, <i>Distinctio
+Prima</i>: ius naturae est quod in lege et <i>evangelio</i> continetur.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_V"></a>
+<h2><a name="Page_100"></a>CHAPTER V</h2>
+<h2>DIGRESSION OF THE LATER HISTORY OF
+ROMAN LAW</h2>
+<br>
+<p>With Charlemagne, who was crowned Emperor
+by the Pope in the year 800, began
+the definite union of Church and State and the
+Church's temporal power. Henceforth for seven
+centuries, until the Reformation, we shall have
+to reckon with canon law as a supreme force in
+determining the question of the position of
+women. A brief survey of the later history of
+the old Roman Law will not be out of place in
+order to note what influence, if any, it continued
+to exert down the ages.</p>
+<p>The body of the Roman law, compiled by
+order of Justinian (527-565 A.D.), was intended
+primarily for the eastern empire; but when, in the
+year 535, the Emperor conquered the western
+Goths, who then ruled Italy, he ordered his laws
+taught in the school of jurisprudence at Rome
+and practiced in the courts. I have already remarked
+that the barbarians who overran Italy
+allowed the vanquished the right to be judged in
+most cases by their own code. But the splendid
+fabric of the Roman law was too elaborate a
+<a name="Page_101"></a>system to win the attentive study of a rude
+people; the Church had its own canons, the people
+their own ancestral customs; and until the twelfth
+century no development of the Roman Civil Code
+took place. Finally, during the twelfth century,
+the great school at Bologna renewed the study
+with vigour, and Italy at the present day derives
+the basic principles of its civil law from the Corpus
+of Justinian. Practically the same story holds
+true of France,<a name="FNanchor_364"></a><a href="#Footnote_364"><sup>[364]</sup></a>
+of Spain, and of the
+Netherlands,
+all of whom have been influenced particularly by
+the great jurists of the sixteenth century who were
+simply carrying further the torch that had been
+lit so enthusiastically at Bologna in the twelfth
+century.</p>
+<p>As to Germany,<a name="FNanchor_365"></a><a href="#Footnote_365"><sup>[365]</sup></a>
+when that unhappy
+country
+had been separated from France and Italy after
+the Treaty of Verdun in 843, Carlovingian law and
+the ancient German law books fell into disuse.
+The law again rested on unwritten customs, on
+the decisions of the judges and their assessors, and
+on agreements of the interested parties (feudal
+services and tenures). Not till the twelfth and
+thirteenth centuries was any record made of
+the rules of law which had arisen; many laws of
+cities on various matters and in various provinces
+were recorded by public authority; and thus
+<a name="Page_102"></a>originated the so-called law books of the Middle
+Ages, the private labours of experienced men, who
+set forth the legal principles which were recognised
+in all Germany, or at least in certain parts of it.
+There were no law schools as yet, and scientific
+compilation of German law was not even thought
+of. After the University of Bologna had revived
+the study of Roman law in Italy, the Italian
+universities attracted the German youth, who on
+their return would labour to introduce what they
+had learned. Their efforts were seconded by the
+clergy, through the close connection with canon
+law which was in force in Germany. German
+emperors and territorial lords also favoured Roman
+law because they saw how well suited it was to
+absolutism; they liked to engage jurists trained
+in Italy, especially if they were doctors of both
+canon and Roman law. Nor did the German
+people object. From the fourteenth century
+many schools of jurisprudence were established
+on Italian models.</p>
+<p>At present, the law of Justinian has only such
+force as is received by usage or as it has acquired by
+recognition. <span style="font-weight: bold;">I.</span> The Roman law
+forms in Germany
+the principal law in some branches, that is,
+it is in so far its basis that the German law is
+only an addition or modification of it. In other
+branches it is only supplementary, that is, it is
+merely subsidiary to the German law. <span style="font-weight: bold;">II.</span>
+Only
+the glossed parts and passages of Justinian's
+law collection have binding force in Germany. <a name="Page_103"></a><span style="font-weight: bold;">III.</span> Only those glossed passages are
+binding
+which contain the latest rule of law. Consequently
+the historical materials contained in them,
+though always of great importance for discovering
+the latest law, have not binding force. <span
+ style="font-weight: bold;">IV.</span> Those
+precepts of the Roman law which relate to Roman
+manners and institutions unknown in Germany are
+inapplicable here, though glossed. <span style="font-weight: bold;">V.</span>
+The Roman
+law has but slight application to such objects
+and transactions as were unknown to the Romans
+and are of purely Germanic origin. <span style="font-weight: bold;">VI.</span>
+With
+the limitations above enumerated the Roman law
+has been adopted as a whole and not in detached
+parts.</p>
+<p>In England Roman law has had practically
+no effect. In the year 1149 a Lombard jurist,
+Vacarius, lectured on it at Oxford; but there were
+no results. Canon law is, of course, a force to be
+reckoned with in Britain as on the Continent.</p>
+<p>Before we enter the question of women's rights
+during the Middle Ages, we must take a general
+survey of the character of that period; for obviously
+we cannot understand its legislation without
+some idea of the background of social, political,
+and intellectual life. In the first place, then, the
+Church was everywhere triumphant and its
+ideals governed legislation completely on such
+matters as marriage. The civil law of Rome, as
+drawn up first by the epitomisers and later studied
+more carefully at Bologna, served to indicate
+<a name="Page_104"></a>general principles in cases to which canon law
+did not apply; but there was little jurisdiction in
+which the powers ecclesiastical could not contrive
+to take a hand. At the same time Germanic
+ideals and customs continued a powerful force.
+For a long time after the partition of the vast
+empire of Charlemagne government was in a state
+of chaos and transition from which eventually the
+various distinct states arose. A struggle between
+kings and nobles for supremacy dragged along
+for many generations; and as during that contest
+each feudal lord was master in his own domain,
+there was no consistent code of laws for all countries
+or, indeed, for the same country. Yet the
+character of the age determined in a general way
+the spirit that dictated all laws. Society rested
+on a military and aristocratic basis, and when
+the ability to wield arms is essential to maintain
+one's rights, the position of women will be affected
+by that fact. Beginning with the twelfth century
+city life began to exert a political influence; and
+this, again, did not fail to have an effect on the
+status of women. Of any participation of women
+in intellectual life there could be no question
+until the Renaissance, although we do meet here
+and there with isolated exceptions, a few ladies of
+high degree like Roswitha of Gandersheim and
+Hadwig, Duchess of Swabia, niece of Otto the
+Great, and Heloise. The learning was exclusively
+scholastic, and from any share in that women were
+barred. When people are kept in ignorance, there
+<a name="Page_105"></a>is less inducement for them to believe that they
+have any rights or to assert them if they do
+think so.</p>
+<p>We shall do well to bear in mind, in noting the
+laws relative to women, that theory is one thing
+and practice quite another. Hence, although the
+doctrines of the Church on various matters touching
+the female sex were characterised by the
+greatest purity, we shall see that in practice they
+were not strictly executed. Religion does in fact
+play a less considerable part in regulating the
+daily acts of men than theologians are inclined to
+believe. If anything proves this, it is the history of
+that foulest stain on Christian nations&#8212;prostitution.
+We might expect that since the Roman
+Catholic Church insists so on chastity the level
+of this virtue would certainly be higher in countries
+which are almost exclusively Catholic, like Spain
+and Italy, than in Protestant lands; but no one
+who has ever travelled in Spain or Italy fails to
+recognise that the conduct of men is as lamentably
+low in these as in England, Germany, or the
+United States.</p>
+<p>With this brief introduction I shall proceed next
+to explain the position of women under the canon
+law, a code which affected all countries of Europe
+equally until the Reformation; and in connection
+with this I shall give some idea of the attitude of
+the Roman Catholic Church towards women and
+women's rights at the present day.<br>
+<br>
+</p>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_364"></a><a href="#FNanchor_364">[364]</a>
+<div class="note">
+<p> French customary law began to be written in the thirteenth
+century and was greatly affected by the Roman law.</p>
+</div>
+<a name="Footnote_365"></a><a href="#FNanchor_365">[365]</a>
+<div class="note">
+<p> The succeeding paragraphs are a summary of the account by
+the learned Professor Mackeldey, who has investigated Roman
+law with the most minute diligence.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_VI"></a>
+<h2><a name="Page_106"></a>CHAPTER VI<br>
+</h2>
+<h2>THE CANON LAW AND THE ATTITUDE OF THE
+ROMAN CATHOLIC CHURCH</h2>
+<div class="sidenote"><br>
+The canon law reaffirms the subjection of women.</div>
+<p>The canon law reaffirms woman's subjection to
+man in no uncertain terms. The wife must
+be submissive and obedient to her husband.<a name="FNanchor_366"></a><a
+ href="#Footnote_366"><sup>[366]</sup></a>
+She must never, under penalty
+of excommunication, cut off her hair,
+because "God has given it to her as a veil and
+as a sign of her subjection."<a name="FNanchor_367"></a><a
+ href="#Footnote_367"><sup>[367]</sup></a> A woman who
+assumed men's garments was accursed<a name="FNanchor_368"></a><a
+ href="#Footnote_368"><sup>[368]</sup></a>; it will be
+remembered that the breaking of this law was
+one of the charges which brought Joan of Arc
+to the stake. However learned and holy, woman
+<a name="Page_107"></a>must never presume to teach men publicly.<a
+ name="FNanchor_369"></a><a href="#Footnote_369"><sup>[369]</sup></a>
+She was not allowed to bring a criminal action
+except in cases of high treason or to avenge the
+death of near relatives.<a name="FNanchor_370"></a><a
+ href="#Footnote_370"><sup>[370]</sup></a> Parents could dedicate
+a daughter to God while she was yet an infant;
+and this parental vow bound her to the nunnery
+when she was mature, whether she was willing or
+not.<a name="FNanchor_371"></a><a href="#Footnote_371"><sup>[371]</sup></a>
+Virgins or widows who had once consecrated
+themselves to God might not marry under pain of
+excommunication.<a name="FNanchor_372"></a><a href="#Footnote_372"><sup>[372]</sup></a>
+Parents could not
+prevent a
+daughter from taking vows, if she so wished, after
+she had attained the age of twelve.<a name="FNanchor_373"></a><a
+ href="#Footnote_373"><sup>[373]</sup></a></p>
+<div class="sidenote"> Woman and marriage under canon law.</div>
+<p>The most important effect of the canon law
+was on marriage, which was now a sacrament
+and had its sanction not in
+the laws of men, but in the express <a name="Page_108"></a>decrees
+of God. Hence even engagements acquired
+a sacred character unknown to the Roman law;
+and when a betrothal had once been entered into,
+it could be broken only in case one or both
+of the contracting parties desired to enter a
+monastery.<a name="FNanchor_374"></a><a href="#Footnote_374"><sup>[374]</sup></a>
+Free consent of both man and
+woman was necessary for matrimony.<a name="FNanchor_375"></a><a
+ href="#Footnote_375"><sup>[375]</sup></a> There
+must also be a dowry and a public ceremony.<a name="FNanchor_376"></a><a
+ href="#Footnote_376"><sup>[376]</sup></a>
+The legitimate wife is thus defined<a name="FNanchor_377"></a><a
+ href="#Footnote_377"><sup>[377]</sup></a>: "A chaste
+virgin, betrothed in chastity, dowered according to
+law, given to her betrothed by her parents, and
+received from the hands of the bridesmaids (<i>a
+paranimphis accipienda</i>); she is to be taken
+according to the laws and the Gospel and the
+marriage ceremony must be public; all the days
+of her life&#8212;unless by consent for brief periods to
+<a name="Page_109"></a>devote to worship&#8212;she is never to be separated
+from her husband; for the cause of adultery she is
+to be dismissed, but while she lives her husband
+may marry no other." The blessing of the priest
+was necessary. About every form connected with
+the marriage service the Church threw its halo of
+mystery and symbol to emphasise the sacred
+character of the union. Thus<a name="FNanchor_378"></a><a
+ href="#Footnote_378"><sup>[378]</sup></a>: "Women are
+veiled during the marriage ceremony for this
+reason, that they may know they are lowly and
+in subjection to their husbands.... A ring is
+given by the bridegroom to his betrothed either
+as a sign of mutual love or rather that their hearts
+may be bound together by this pledge. For this
+reason, too, the ring is worn on the fourth finger,
+because there is a certain vein in that finger which
+they say reaches to the heart."</p>
+<div class="sidenote"><br>
+Clandestine marriages.</div>
+<p>Clandestine marriages were forbidden,<a name="FNanchor_379"></a><a
+ href="#Footnote_379"><sup>[379]</sup></a> but the
+Church always presumed everything it could in
+favour of marriage and its indissolubility.
+Thus, Gratian remarks<a name="FNanchor_380"></a><a href="#Footnote_380"><sup>[380]</sup></a>:
+"Clandestine
+marriages are, to be sure, contrary to law; nevertheless,
+they can not be dissolved." The reason
+for forbidding them was perfectly reasonable:
+one party might change his or her mind and there
+would be no positive proof that a marriage had
+taken place, so that a grave injury might be inflicted
+on an innocent partner by an unscrupulous
+<a name="Page_110"></a>one who desired to dissolve the union.<a
+ name="FNanchor_381"></a><a href="#Footnote_381"><sup>[381]</sup></a>
+Yet the
+marriage by consent alone without any of the
+ceremonies or the blessing of the priest was
+perfectly valid, though not "according to law"
+(<i>legitimum</i>), and could not be dissolved.<a name="FNanchor_382"></a><a
+ href="#Footnote_382"><sup>[382]</sup></a>
+Not
+until the great Council of Trent in 1563 was this
+changed. At that time all marriages were declared
+invalid unless they had been contracted in
+the presence of a priest and two or three witnesses.<a
+ name="FNanchor_383"></a><a href="#Footnote_383"><sup>[383]</sup></a></p>
+<div class="sidenote"> Protection to women.</div>
+<p>The Church is seen in its fairest light in its
+provisions to protect the wife from sexual brutality
+on the part of her husband, and it
+deserves high praise for its stand on
+such matters.<a name="FNanchor_384"></a><a href="#Footnote_384"><sup>[384]</sup></a>
+Various other laws show the same
+regard for the interests of women. A man who was
+entering priestly office could not cast off his wife
+and leave her destitute, but must provide living
+and raiment for her.<a name="FNanchor_385"></a><a href="#Footnote_385"><sup>[385]</sup></a>
+Neither husband nor wife
+could embrace the celibate life nor devote themselves
+to continence without the consent of the
+other.<a name="FNanchor_386"></a><a href="#Footnote_386"><sup>[386]</sup></a>
+A man who cohabited with a woman as his
+<a name="Page_111"></a>concubine, even though she was of servile
+condition
+or questionable character, could not dismiss her
+and marry another saving for adultery.<a name="FNanchor_387"></a><a
+ href="#Footnote_387"><sup>[387]</sup></a> Slaves
+were now allowed to contract marriages and
+masters were not permitted to dissolve them.<a name="FNanchor_388"></a><a
+ href="#Footnote_388"><sup>[388]</sup></a></p>
+<div class="sidenote"> Divorce.</div>
+<p>It has always been and still is the boast of the
+Roman Catholic Church that it has been the
+supreme protector of women on account
+of its stand on divorce. Says Cardinal
+Gibbons<a name="FNanchor_389"></a><a href="#Footnote_389"><sup>[389]</sup></a>:
+"Christian wives and mothers, what
+gratitude you owe to the Catholic Church for the
+honorable position you now hold in society! If
+you are no longer regarded as the slave, but the
+equal, of your husbands; if you are no longer the
+toy of his caprice, and liable to be discarded at any
+moment; but if you are recognised as the mistress
+and queen of your household, you owe your emancipation
+to the Church. You are especially indebted
+for your liberty to the Popes who rose up
+in all the majesty of their spiritual power to vindicate
+the rights of injured wives against the lustful
+tyranny of their husbands." In view of such a
+claim I may be justified in entering a somewhat
+more detailed account of this subject.</p>
+<p>On the subject of divorce the Roman Catholic
+Church took the decided position which it continues
+to maintain at the present day. Marriage when
+<a name="Page_112"></a>entered upon under all the conditions demanded
+by the Church for a valid union is indissoluble.<a name="FNanchor_390"></a><a
+ href="#Footnote_390"><sup>[390]</sup></a>
+A separation "from bed and board" (<i>quoad
+thorum seu quoad cohabitationem</i>) is allowed for
+various causes, such as excessive cruelty, for a
+determinate or an indeterminate period; but
+there is no absolute divorce even for adultery.
+For this cause a separation may, indeed, take
+place, but the bond of matrimony is not dissolved
+thereby and neither the innocent nor the guilty
+party may marry again during the lifetime of the
+other partner.</p>
+<p>All this seems very rigorous. It is true that
+the Roman Catholic Church does not permit
+"divorce." But it allows fourteen cases where a
+marriage can be declared absolutely null and void,
+as if it had never existed; and in these cases the
+man or woman may marry again. To say that
+the Roman Church does not allow divorce is,
+therefore, playing upon words. The instruments
+used to render its strict theory ineffective are
+"diriment impediments" and "dispensations."</p>
+<p>By the doctrine of "diriment impediments" the
+Pope or a duly constituted representative can
+declare that a marriage has been null and void
+from the very beginning because of some impediment
+defined in the canon law. Canon IV of the
+twenty-fourth session of the Council of Trent
+<a name="Page_113"></a>anathematises anyone who shall say that the
+Church cannot constitute impediments dissolving
+marriage, or that she has erred in constituting
+them. The impediments which can annul marriage
+are described in the official Catholic Encyclopedia,
+vol. vii, pages 697-698. Among them are
+impuberty and impotency. Then there is "disparity
+of worship," which renders void the marriage
+of a Christian&#8212;that is, a Roman Catholic,
+with an infidel,&#8212;that is, one who is unbaptised.
+Marriage of a Roman Catholic with a baptised non-Catholic
+constitutes a "relative" impediment and
+needs a special dispensation and provisoes, such as
+a guarantee to bring up the children in the Roman
+faith to give it validity. Another impediment is
+based on the presumption of want of consent,
+"the nullity being caused by a defect of consent."
+"This defect," says the Catholic Encyclopedia,
+"may arise from the intellect or the will; hence
+we have two classes. Arising from the intellect
+we have: insanity; and total ignorance, even if in
+confuso of what marriage is (this ignorance, however,
+is not presumed to exist after the age of
+puberty has been reached); and lastly error, where
+the consent is not given to what was not intended.
+Arising from the will, a defect of consent may be
+caused through deceit or dissimulation, when one
+expresses exteriorly a consent that does not really
+exist; or from constraint imposed by an unjust
+external force, which causes the consent not to be
+free." Consanguinity and affinity are diriment
+<a name="Page_114"></a>impediments. Consanguinity "prohibits all
+marriages
+in the direct ascending or descending line
+in infinitum, and in the collateral line to the fourth
+degree or fourth generation." Affinity "establishes
+a bond of relationship between each of
+the married parties and the blood relations of the
+other, and forbids marriage between them to the
+fourth degree. Such is the case when the marriage
+springs from conjugal relations; but as canon
+law considers affinity to spring also from illicit
+intercourse, there is an illicit affinity which annuls
+marriage to the second degree only." Then there
+is "spiritual relationship"; for example, the
+marriage of one who stood as sponsor in confirmation
+with a parent of the child is null and void.</p>
+<p>Under the canon law, even more resources are
+open for the man who is tired of his wife; by
+the doctrine, namely, of "spiritual fornication."
+Adultery is, of course, recognised as the cause
+that admits a separation. But the canon law
+remarks that idolatry and all harmful superstition
+&#8212;by which is meant any doctrine that does not
+agree with that of the Church&#8212;is fornication;
+that avarice is also idolatry and hence fornication;
+that in fact no vice can be separated from idolatry
+and hence all vices can be classed as fornication;
+so that if a husband only tried a little bit, he
+could without much trouble find some "vice" in
+his wife that would entitle him to a separation.<a name="FNanchor_391"></a><a
+ href="#Footnote_391"><sup>[391]</sup></a></p>
+<p><a name="Page_115"></a>When all these fail, recourse can be had to a
+dispensation. The Church reserves the right to
+give dispensations for all impediments. Canon
+III of the twenty-fourth session of Trent says:
+"If anyone shall say, that only those degrees of
+consanguinity and affinity which are set down in
+<i>Leviticus</i> [xviii, 6 ff.] can hinder matrimony from
+being contracted, and dissolve it when contracted;
+and that the Church can not dispense in some of
+those degrees, or ordain that others may hinder
+and dissolve it; let him be anathema."</p>
+<div class="sidenote"> Inheritance</div>
+<p>The minute and far-fetched subtleties which
+the Roman Church has employed in the interpretation
+of these relationships make escape from
+the marital tie feasible for the man who is eager
+to disencumber himself of his life's partner. The
+man of limited means will have a hard time of it.
+The great and wealthy have been able at all periods,
+by working one or more of these doctrines, to
+reduce the theory of the Roman Church to nullity
+in practice. Napoleon had his marriage to Josephine
+annulled on the ground that he had never
+intended to enter into a religious marriage with
+<a name="Page_116"></a>her, although the day before the ceremony he had
+had the union secretly blessed by Cardinal Fesch.
+On the basis of this avowed lack of intent, his
+marriage with Josephine was declared null and
+void, and he was free to marry Louisa. A plea
+along the same lines is being worked by the Count
+de Castellane now. Louis XII, having fallen in
+love with Anne of Brittany, suddenly discovered
+that his wife was his fourth cousin, that she was
+deformed, and that her father had been his godfather;
+and for this the Pope gave him a dispensation
+and his legitimate wife was sent away.
+The Pope did not thunder against Louis XIV for
+committing adultery with women like Louise de
+la Valli&egrave;re and Madame de Montespan. It is
+certainly true that in the case of Philip Augustus
+of France and Henry VIII of England the Pope
+did protect injured wives; but both these monarchs
+were questioning the Vatican's autocracy. The
+matrimonial relations of John of England, Philip's
+contemporary, were more corrupt than those of
+the French king; but, while the Pope chastised
+John for his defiance of his political autonomy, he
+did not excommunicate him on any ground of
+morality. The statement of Cardinal Gibbons
+is not entirely in accordance with history; he
+does not take all facts into consideration, as is also
+true of his complacent assumption that outside
+of the Roman Church no economic forces and no
+individuals have had any effect in elevating the
+moral and economic status of women.</p>
+<p><a name="Page_117"></a>Questions such as those of inheritance belong
+properly to civil law; but the canon law claimed
+to be heard in any case into which any
+spiritual interest could be foisted. Thus
+in the year 1199 Innocent III enacted that children
+of heretics be deprived of all their offending
+parents' goods "since in many cases even according
+to divine decree children are punished in this
+world on account of their parents."<a name="FNanchor_392"></a><a
+ href="#Footnote_392"><sup>[392]</sup></a></p>
+<div class="sidenote"> General attitude towards women at the present day</div>
+<p>The attitude of the Roman Catholic Church
+towards women's rights at the present day is
+practically the same as it has been for
+eighteen centuries. It still insists on the
+subjection of the woman to the man, and
+it is bitterly hostile to woman suffrage.
+This position is so well illustrated by an article
+of the Rev. David Barry in the Roman Catholic
+paper, the Dublin <i>Irish Ecclesiastical Review</i>, that
+I cannot do better than quote some of it. "It
+seems plain enough," he says, "that allowing
+women the right of suffrage is incompatible with
+the high Catholic ideal of the unity of domestic
+life. Even those who do not hold the high and
+rigid ideal of the unity of the family that the
+Catholic Church clings to must recognise some
+authority in the family, as in every other society.
+<a name="Page_118"></a>Is this authority the conjoint privilege of
+husband
+and wife? If so, which of them is to yield, if a
+difference of opinion arises? Surely the most
+uncompromising suffragette must admit that the
+wife ought to give way in such a case. That is to
+say, every one will admit that the wife's domestic
+authority is subordinate to that of her husband.
+But is she to be accorded an autonomy in outside
+affairs that is denied her in the home? Her
+authority is subject to her husband's in domestic
+matters&#8212;her special sphere; is it to be considered
+co-ordinate with his in regulating the affairs of
+the State? Furthermore, there is an argument
+that applies universally, even in the case of those
+women who are not subject to the care and protection
+of a husband, and even, I do not hesitate
+to say, where the matters to be decided on would
+come specially within their cognisance, and where
+their judgment would, therefore, be more reliable
+than that of men. It is this, that in the noise and
+turmoil of party politics, or in the narrow, but
+rancorous arena of local factions, it must needs
+fare ill with what may be called the passive virtues
+of humility, patience, meekness, forbearance,
+and self-repression. These are looked on by the
+Church as the special prerogative and endowment
+of the female soul ... But these virtues would
+soon become sullied and tarnished in the dust
+and turmoil of a contested election; and their
+absence would soon be disagreeably in evidence
+in the character of women, who are, at the same
+<a name="Page_119"></a>time, almost constitutionally debarred from
+preeminence
+in the more robust virtues for which
+the soul of man is specially adapted."</p>
+<p>Cardinal Gibbons, in a letter to the National
+League for the Civic Education of Women&#8212;an
+anti-suffrage organisation&#8212;said that "woman
+suffrage, if realised, would be the death-blow of
+domestic life and happiness" (Nov. 2, 1909).</p>
+<p>Rev. William Humphrey, S.J., in his <i>Christian
+Marriage</i>, chap. 16, remarks that woman is "the
+subordinate equal of man"&#8212;whatever that means.</p>
+<p>A few Roman Catholic prelates, like Cardinal
+Moran, have advocated equal suffrage, but they
+are in the minority. The Pope has not yet definitely
+stated the position of the Church; individual
+Catholics are free to take any side they wish,
+as it is not a matter of faith; but the tendency of
+Roman Catholicism is against votes for women.</p>
+<br>
+<h4 style="text-align: left;">SOURCES:</h4>
+<p>I. Corpus Iuris Canonici: recognovit Aemilius Friedberg.
+Lipsiae (Tauchnitz) Pars Prior, 1879. Pars Secunda, 1881.</p>
+<p>II. Sacrosanctum Concilium Tridentinum, additis Declarationibus
+Cardinalium, Concilii Interpretum, ex ultima recognitione
+Joannis Gallemart, etc. Coloniae Agrippinae, apud
+Franciscum Metternich, Bibliopolam. MDCCXXVII.</p>
+<p>III. The Catholic Encyclopedia. New York, Robert Appleton
+Company. (Published with the <i>Imprimatur</i> of Archbishop
+Parley.)</p>
+<p>IV. Various articles by Catholic prelates, due references to
+which are given as they occur.<br>
+<br>
+</p>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_366"></a><a href="#FNanchor_366">[366]</a>
+<div class="note">
+<p> Augustine quoted by Gratian, <i>Causa</i>, 33, <i>Quaest</i>. 5,
+chapters
+12-16&#8212;Friedberg, i, pp. 1254, 1255. Ambrose and Jerome on
+the same matter, ibid., <i>c</i>. 15 and 17, Friedberg, i, p. 1255.
+Gratian, <i>Causa</i> 30, <i>Quaest</i>. 5, <i>c</i>. 7&#8212;Friedberg,
+i, p. 1106: Feminae
+dum maritantur, ideo velantur, ut noverint se semper viris suis
+subditas esse et humiles.</p>
+</div>
+<a name="Footnote_367"></a><a href="#FNanchor_367">[367]</a>
+<div class="note">
+<p> Gratian, <i>Distinctio</i>, 30, <i>c</i>. 2&#8212;Friedberg, i, p. 107:
+Quecumque
+mulier, religioni iudicans convenire, comam sibi amputaverit
+quam Deus ad velamen eius et ad memoriam subiectionis illi
+dedit, tanquam resolvens ius subiectionis, anathema sit. Cf.
+Gratian, <i>Causa</i>, 15, <i>Quaest</i>. 3&#8212;Friedberg, i, p. 750.</p>
+</div>
+<a name="Footnote_368"></a><a href="#FNanchor_368">[368]</a>
+<div class="note">
+<p> Gratian, <i>Dist</i>., 30, <i>c</i>. 6, Friedberg, i, p. 108. See
+also <i>Deuteronomy</i>
+xxii, 5.</p>
+</div>
+<a name="Footnote_369"></a><a href="#FNanchor_369">[369]</a>
+<div class="note">
+<p> Gratian, <i>Dist</i>., 23, <i>c</i>. 29&#8212;Friedberg, i, p. 86:
+Mulier, quamvis
+docta et sancta, viros in conventu docere non praesumat.</p>
+</div>
+<a name="Footnote_370"></a><a href="#FNanchor_370">[370]</a>
+<div class="note">
+<p> Id., <i>Causa</i>, 15, <i>Quaest</i>. 3&#8212;Friedberg, i, p. 750.</p>
+</div>
+<a name="Footnote_371"></a><a href="#FNanchor_371">[371]</a>
+<div class="note">
+<p> Id., <i>Causa</i>, 20, <i>Quaest</i>. 1, <i>c</i>. 2&#8212;Friedberg,
+i, pp. 843-844,
+quoting Gregory to Augustine, the Bishop of the Angles: Addidistis
+adhuc, quod si pater vel mater filium filiamve intra septa
+monasterii in infantiae annis sub regulari tradiderunt disciplina,
+utrum liceat eis, postquam ad pubertatis inoleverint annos,
+egredi, et matrimonio copulari. Hoe omnino devitamus, quia
+nefas est ut oblatis a parentibus Deo filiis voluptatis frena
+relaxentur.
+Id., <i>c</i>. 4&#8212;Fried., i, p. 844: quoting Isidore&#8212;quicumque
+a parentibus propriis in monasterio fuerit delegatus, noverit se
+ibi perpetuo mansurum. Nam Anna Samuel puerum suum
+natum et ablactatum Deo pietate obtulit. Id., <i>c</i>. 7&#8212;Fried., i,
+pp. 844-845.</p>
+</div>
+<a name="Footnote_372"></a><a href="#FNanchor_372">[372]</a>
+<div class="note">
+<p> Gratian, <i>Dist</i>., 27, <i>c</i>. 4 et 9, and <i>Dist</i>.,
+28, <i>c</i>. 12&#8212;Friedberg, i,
+pp. 99 and 104. Id., <i>Causa</i>, 27, <i>Quaest</i>. 1, <i>c</i>. 1
+and 7&#8212;Friedberg,
+i, pp. 1047 and 1O50.</p>
+</div>
+<a name="Footnote_373"></a><a href="#FNanchor_373">[373]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 20, <i>Quaest</i>. 2, <i>c</i>.
+2&#8212;Friedberg, i, pp. 847-848.</p>
+</div>
+<a name="Footnote_374"></a><a href="#FNanchor_374">[374]</a>
+<div class="note">
+<p> Cf. Council of Trent, Session 24, "On the Sacrament of
+Matrimony," <i>Canon</i> 6: "If anyone shall say that matrimony
+contracted but not consummated is not dissolved by the solemn
+profession of religion by one of the parties married: let him be
+anathema."
+</p>
+<p>Gratian, <i>Causa</i>, 27, <i>Quaest</i>. ii, <i>c</i>.
+28&#8212;Fried., i, p. 1071. Id., <i>c</i>.
+46, 47, 50, 51&#8212;Fried., i, pp. 1076, 1077, 1078.</p>
+</div>
+<a name="Footnote_375"></a><a href="#FNanchor_375">[375]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 30, <i>Quaest</i>. 2&#8212;Fried., i, p. 1100:
+Ubi non est
+consensus utriusque, non est coniugium. Ergo qui pueris dant
+puellas in cunabulis et e converso, nihil faciunt, nisi uterque
+puerorum postquam venerit ad tempus discretionis consentiat,
+etiamsi pater et mater hoc fecerint et voluerint. Id. <i>Causa</i>,
+31,
+<i>Quaest</i>. 2&#8212;Fried., i, 1112-1114: sine libera voluntate nulla est
+copulanda alicui.</p>
+</div>
+<a name="Footnote_376"></a><a href="#FNanchor_376">[376]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 30, <i>Quaest</i>. 5, <i>c</i>.
+6&#8212;Friedberg, i, p. 1106: Nullum
+sine dote fiat coniugium; iuxta possibilitatem fiat dos, nee
+sine publicis nuptiis quisquam nubere vel uxorem ducere praesumat.</p>
+</div>
+<a name="Footnote_377"></a><a href="#FNanchor_377">[377]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 30, <i>Quaest</i>. 5, <i>c</i>.
+4&#8212;Friedberg, i, p. 1105.</p>
+</div>
+<a name="Footnote_378"></a><a href="#FNanchor_378">[378]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 30, <i>Quaest</i>. 5, <i>c</i>.
+7&#8212;Friedberg, i, p. 1106.</p>
+</div>
+<a name="Footnote_379"></a><a href="#FNanchor_379">[379]</a>
+<div class="note">
+<p> Id., <i>c</i>. 1&#8212;Friedberg, i, p. 1104.</p>
+</div>
+<a name="Footnote_380"></a><a href="#FNanchor_380">[380]</a>
+<div class="note">
+<p> Id., <i>c</i>. 8&#8212;Friedberg, i, p. 1107.</p>
+</div>
+<a name="Footnote_381"></a><a href="#FNanchor_381">[381]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 30, <i>Quaest</i>. 5, <i>c</i>.
+9&#8212;Friedberg, i, p. 1107.</p>
+</div>
+<a name="Footnote_382"></a><a href="#FNanchor_382">[382]</a>
+<div class="note">
+<p> Gratian, <i>Causa, </i>28,<i> Quaest</i>. i, <i>c</i>.
+17&#8212;Friedberg, i,
+p. 1089: illorum
+vero coniugia, qui contemptis omnibus illis solempnitatibus
+solo affectu aliquam sibi in coniugem copulant, huiuscemodi
+coniugium non legitimum, sed ratum tantummodo esse creditur.</p>
+</div>
+<a name="Footnote_383"></a><a href="#FNanchor_383">[383]</a>
+<div class="note">
+<p> Sessio xxiv, cap. i&#8212;De Reformatione Matrimonii.</p>
+</div>
+<a name="Footnote_384"></a><a href="#FNanchor_384">[384]</a>
+<div class="note">
+<p> See Gratian, <i>Dist</i>., v, <i>c</i>. 4&#8212;Friedberg, i, p. 8,
+e.g., ...
+ita ut morte lex sacra feriat, si quis vir ad menstruam mulierem
+accedat.</p>
+</div>
+<a name="Footnote_385"></a><a href="#FNanchor_385">[385]</a>
+<div class="note">
+<p> Gratian, <i>Dist</i>., 31, <i>c</i>. 11&#8212;Friedberg, i, p. 114.</p>
+</div>
+<a name="Footnote_386"></a><a href="#FNanchor_386">[386]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i>, 27, <i>Quaest</i>. 2, <i>c</i>. 18-22,
+and 24-26&#8212;Friedberg
+i, pp. 1067-1070.</p>
+</div>
+<a name="Footnote_387"></a><a href="#FNanchor_387">[387]</a>
+<div class="note">
+<p> Gratian, <i>Dist</i>., 34, c. 4&#8212;Friedberg, i, p. 126. Id., <i>Causa</i>,
+29,
+<i>Quaest</i>. 1&#8212;Friedberg, i, p. 1092. Id., <i>Causa</i>, 29, <i>Quaest</i>.
+2, c. 2.</p>
+</div>
+<a name="Footnote_388"></a><a href="#FNanchor_388">[388]</a>
+<div class="note">
+<p> Id., <i>Causa</i>, 29, <i>Quaest</i>. 2, c. 1 and 8.</p>
+</div>
+<a name="Footnote_389"></a><a href="#FNanchor_389">[389]</a>
+<div class="note">
+<p> "Divorce," by James Cardinal Gibbons, in the <i>Century</i>,
+May, 1909.</p>
+</div>
+<a name="Footnote_390"></a><a href="#FNanchor_390">[390]</a>
+<div class="note">
+<p> For this and what immediately follows see <i>Session</i> 24 of
+the Council of Trent "On the Sacrament of Matrimony" and
+also the Catholic Encyclopedia under "Divorce."</p>
+</div>
+<a name="Footnote_391"></a><a href="#FNanchor_391">[391]</a>
+<div class="note">
+<p> Gratian, <i>Causa</i> 28, <i>Quaest</i>. i, c. 5&#8212;Friedberg, i,
+pp. 1080-1081.
+Licite dimittitur uxor que virum suum cogere querit ad malum.
+Idolatria, quam secuntur infideles, et quelibet noxia superstitio
+fornicatio est. Dominus autem permisit causa fornicationis
+uxorem dimitti. Sed quia dimisit et non iussit, dedit Apostolo
+locum monendi, ut qui voluerit non dimittat uxorem infidelem,
+quo sic fortassis possit fidelis fieri. Si infidelitas fornicatio est,
+et idolatria infidelitas, et avaritia idolatria, non est dubitandum
+et avaritiam fornicationem esse. Quis ergo iam quamlibet
+illicitam concupiscentiam potest recte a fornicationis genere
+separate, si avaritia fornicatio est?</p>
+</div>
+<a name="Footnote_392"></a><a href="#FNanchor_392">[392]</a>
+<div class="note">
+<p> Friedberg, ii, pp. 782 and 783: Quum enim secundum legitimas
+sanctiones, etc.
+</p>
+<p>Lea, in his <i>History of Confession and Indulgences</i>, ii, p.
+87,
+quotes Zanchini, <i>Tract. de Haeret., cap. 33</i>, to the effect that
+goods of a heretic were confiscated and disabilities inflicted on
+two generations of descendants.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_VII"></a>
+<h2><a name="Page_120"></a>CHAPTER VII<br>
+</h2>
+<h2>HISTORY OF WOMEN'S RIGHTS IN ENGLAND</h2>
+<p>Since I have now given a brief summary of
+the canon law, which until the Reformation
+marked the general principles that guided the
+laws of all Europe on the subject of women, I
+propose next to consider more particularly the
+history of women's rights in England; for the
+institutions of England, being the basis of our
+own, will necessarily be more pertinent to us than
+those of Continental countries, to which I shall
+not devote more than a passing comment here and
+there. My inquiry will naturally fall into certain
+well-defined parts. The status of the unmarried
+woman is different from that of her married sister
+and will, accordingly, demand separate consideration.
+The rights of women, again, are to be
+viewed both from the legal and the social standpoint.
+Their legal rights include those of a
+private nature, such as the disposal of property,
+and public rights, such as suffrage, sitting on a
+jury, or holding office. Under social rights are
+included the right to an education, to earn a living,
+and the like. Let us glance first at the history of
+the legal rights of single women.</p>
+<p><a name="Page_121"></a></p>
+<div class="sidenote">Single women: Pollock and Maitland
+i, pp. 482-485.</div>
+<p>From very early times the law has continued
+to put the single woman of mature age on practically
+a par with men so far as private single
+rights are concerned. She could hold
+land, make a will or contract, could sue
+and be sued, all of her own initiative; she
+needed no guardian. She could herself, if a widow,
+be guardian of her own children.</p>
+<div class="sidenote">Pollock and Maitland, ii, 260-313. Blackstone,
+ii, ch.
+13.</div>
+<p>In the case of
+inheritance, however, women have to
+within extremely recent times been
+treated less generously than men. The
+male sex has been preferred in an inheritance;
+males excluded females of equal degree;
+or, in the words of Blackstone: "In collateral
+inheritances the male stock shall be preferred to
+the female; that is, kindred derived from the
+blood of the male ancestors, however remote,
+shall be admitted before those from the blood of
+the female, however near; unless where the lands
+have, in fact, descended from a female. Thus the
+relations on the father's side are admitted <i>in
+infinitum</i> before those on the mother's side are
+admitted at all." Blackstone justly remarks
+that this harsh enactment of the laws of England
+was quite unknown to the Roman law "wherein
+brethren and sisters were allowed to succeed to
+equal portions of the inheritance." As an example,
+suppose we look for the heir of John Stiles,
+deceased. The order of succession would be:</p>
+<p>I. The eldest son, Matthew Stiles, or his issue.</p>
+<p>II. If his line is extinct, then Gilbert Stiles
+<a name="Page_122"></a>and the other sons, respectively, in order of
+birth,
+or their issue.</p>
+<p>III. In default of these, all the daughters together,
+Margarite and Charlotte Stiles, or their
+issue.</p>
+<p>IV. On the failure of the descendants of
+John Stiles himself, the issue of Geoffrey and Lucy
+Stiles, his parents, is called in, viz.: first, Francis
+Stiles, the eldest brother of the whole blood, or
+his issue.</p>
+<p>V. Then Oliver Stiles, and the other whole
+brothers, respectively, in order of birth, or their
+issue.</p>
+<p>VI. Then the sisters of the whole blood all
+together, Bridget and Alice Stiles, or their issue.</p>
+<p>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.</p>
+<p>To public rights, such as sitting on a jury<a name="FNanchor_393"></a><a
+ href="#Footnote_393"><sup>[393]</sup></a> or
+<a name="Page_123"></a>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.</p>
+<div class="sidenote"> Power of Parents.</div>
+<p>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,<a name="FNanchor_394"></a><a
+ href="#Footnote_394"><sup>[394]</sup></a>
+but only to reverence and respect. Now, however,
+by the statute 2 and 3 Vict., c. 54, commonly
+called <i>Talfourd's Act</i>, 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.</p>
+<div class="sidenote"> Husband and wife. Pollock and Maitland, ii,
+399-436.
+<br>
+<br>
+<br>
+<br>
+<br>
+Blackstone, i, ch 15. Bryce, pp.
+818-830.</div>
+<p><a name="Page_124"></a>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 always asserted special jurisdiction.
+By the middle of the twelfth
+century it was law in England that to it belonged
+this prerogative. The ecclesiastical court, for
+example, pronounced in a given case whether
+there had been a valid marriage or not; the temporal
+court took this decision as one of the bases
+for determining a matter of inheritance, whether
+a woman was entitled to dower, and the like. The
+general precepts laid down by canon law in the
+case of a wife have already been noted. These
+rules need now to be supplemented by an account
+of the position of women in marriage under the
+common law.</p>
+<p>Under the older common law the husband was
+very much lord of all he surveyed and even
+more. An old enactment thus describes a husband's
+duty<a name="FNanchor_395"></a><a href="#Footnote_395"><sup>[395]</sup></a>:
+"He shall treat and <i>govern</i> the
+aforesaid A well and decently, and shall not inflict
+nor cause to be inflicted any injury upon the
+aforesaid A except in so far as he may lawfully
+<a name="Page_125"></a>and reasonably do so in accordance with <i>the
+right of a husband to correct and chastise his wife</i>."
+Blackstone, who wrote in 1763, has this to say on
+the husband's power to chastise his wife: "The
+husband also, by the old law, might give his wife
+moderate correction. For, as he is to answer for
+her misbehaviour, the law thought it reasonable to
+intrust him with this power of restraining her,
+by domestic chastisement, in the same moderation
+that a man is allowed to correct his apprentices or
+children, for whom the master or parent is also
+liable in some cases to answer. But this power
+of correction was confined within reasonable
+bounds, and the husband was prohibited from
+using any violence to his wife <i>aliter quam ad,
+virum, ex causa regiminis et castigationis uxoris
+suae, licite et rationabiliter pertinet</i>.<a name="FNanchor_396"></a><a
+ href="#Footnote_396"><sup>[396]</sup></a> The civil law
+gave the husband the same, or a larger, authority
+over his wife; allowing him for some misdemeanours
+<i>flagellis et fustibus acriter verberare uxorem</i> [to give
+his wife a severe beating with whips and clubs];
+for others, only <i>modicam castigationem adhibere</i>
+[to apply moderate correction]. But with us
+in the politer reign of Charles the Second, this
+power of correction began to be doubted; and a
+wife may now have security of the peace against
+her husband, or, in return, a husband against his
+wife. Yet the lower rank of people, who were
+always fond of the old common law, still claim and
+<a name="Page_126"></a>exert their ancient privilege; and the courts of
+law will still permit a husband to restrain a wife
+of her liberty, in case of any gross misbehaviour."
+Doubtless what Mr. Weller, Sr., describes as the
+"amiable weakness" of wife-beating was not
+necessarily confined to the "lower rank." For
+instance, some of the courtly gentlemen of the
+reign of Queen Anne were probably not averse to
+exercising their old-time prerogative. Says Sir
+Richard Steele (<i>Spectator</i>, 479): "I can not deny
+but there are Perverse Jades that fall to Men's
+Lots, with whom it requires more than common
+Proficiency in Philosophy to be able to live.
+When these are joined to men of warm Spirits,
+without Temper or Learning, they are frequently
+corrected with Stripes; but one of our famous
+Lawyers is of opinion, That this ought to be used
+sparingly." The law was, indeed, even worse than
+might appear from the words of Blackstone. The
+wife who feared unreasonable violence could, to be
+sure, bind her husband to keep the peace; but she
+had no action against him. A husband who
+killed his wife was guilty of murder, but the wife
+who slew her husband was adjudged guilty of
+petty treason; and whereas the man would be
+merely drawn and hanged, the woman, until
+the reign of George III, was drawn and burnt
+alive.<a name="FNanchor_397"></a><a href="#Footnote_397"><sup>[397]</sup></a></p>
+<p><a name="Page_127"></a>The right of a husband to restrain a wife's
+liberty
+may not be said to have become completely
+obsolete until the case of <i>Reg. v. Jackson in 1891</i>.<a
+ name="FNanchor_398"></a><a href="#Footnote_398"><sup>[398]</sup></a>
+Wife-beating is still a flagrantly common offence
+in England.</p>
+<div class="sidenote"> Wife's property in marriage.</div>
+<p>Turning now to the question of the wife's
+property in marriage, we shall be forced to believe
+that Blackstone was an optimist of
+unusual magnitude when he wrote that
+the female sex was "so great a favourite
+of the laws of England." Not to weary the reader
+by minute details, I cannot do better than give
+Messrs. Pollock and Maitland's excellent summary
+of the final shape taken by the common law&#8212;
+a glaring piece of injustice, worthy of careful
+reading, and in complete accord with Apostolic
+injunctions: "<span style="font-weight: bold;">I.</span> In the lands
+of which the wife is
+tenant in fee, whether they belonged to her at the
+date of the marriage or came to her during the
+marriage, the husband has an estate which will
+endure during the marriage, and this he can
+alienate without her concurrence. If a child is
+born of the marriage, thenceforth the husband
+as 'tenant by courtesy' has an estate which will
+<a name="Page_128"></a>endure for the whole of his life, and this he
+can
+alienate without the wife's concurrence. The
+husband by himself has no greater power of
+alienation than is here stated; he cannot confer
+an estate which will endure after the end of the
+marriage or (as the case may be) after his own
+death. The wife has during the marriage no
+power to alienate her land without her husband's
+concurrence. The only process by which the fee
+can be alienated is a <i>fine</i> to which both husband
+and wife are parties and to which she gives her
+assent after a separate examination.</p>
+<p>"<span style="font-weight: bold;">II.</span> A widow is entitled to
+enjoy for her life
+under the name of dower one third of any land
+of which the husband was seised in fee at any time
+during the marriage. The result of this is that
+during the marriage the husband cannot alienate
+his own land so as to bar his wife's right of dower,
+unless this is done with her concurrence, and her
+concurrence is ineffectual unless the conveyance
+is made by <i>fine</i>." [This inconvenience for an unscrupulous
+husband was evaded in modern conveyancy
+by a device of extreme ingenuity finally
+perfected only in the eighteenth century. Professor
+James Bryce remarks (p. 820): "As this
+right (i.e., the right of dower) interfered with the
+husband's power of freely disposing of his own
+land, the lawyers at once set about to find means
+of evading it, and found these partly in legal processes
+by which the wife, her consent being ascertained
+by the courts, parted with her right, partly
+<a name="Page_129"></a>by an ingenious device whereby lands could be
+conveyed to a husband without the right of dower
+attaching to them, partly by giving the wife a
+so-called jointure which barred her claim."]</p>
+<p>"<span style="font-weight: bold;">III.</span> Our law institutes no
+community, even
+of movables, between husband and wife. Whatever
+movables the wife has at the date of the
+marriage become the husband's, and the husband
+is entitled to take possession of and thereby to make
+his own whatever movables she becomes entitled
+to during the marriage, and without her concurrence
+he can sue for all debts that are due her.
+On his death, however, she becomes entitled to all
+movables and debts that are outstanding, or (as
+the phrase goes) have not been 'reduced into possession.'
+What the husband gets possession of is
+simply his; he can freely dispose of it <i>inter vivos</i>
+or by will. In the main, for this purpose as for
+other purposes, a 'term of years' is treated as a
+chattel, but under an exceptional rule the husband,
+though he can alienate his wife's 'chattel real'
+<i>inter vivos</i>, cannot dispose of it by his will. If he
+has not alienated it <i>inter vivos</i>, it will be hers if she
+survives him. If he survives her, he is entitled to
+her 'chattels real' and is also entitled to be made
+the administrator of her estate. In that capacity
+he has a right to whatever movables or debts have
+not yet been 'reduced into possession' and, when
+the debts have been paid, he keeps these goods as
+his own. If she dies in his lifetime, she can have
+no other intestate successor. Without his consent
+<a name="Page_130"></a>she can make no will, and any consent that he
+may have given is revocable at any time before
+the will is proved.</p>
+<p>"<span style="font-weight: bold;">IV.</span> Our common law&#8212;but we
+have seen
+that this rule is not very old&#8212;assured no share of
+the husband's personality to the widow. He can,
+even by his will, give all of it away from her except
+her necessary clothes, and with that exception his
+creditors can take all of it. A further exception,
+of which there is not much to be read, is made
+of jewels, trinkets, and ornaments of the person,
+under the name of paraphernalia. The husband
+may sell or give these away in his lifetime, and even
+after his death they may be taken for his debts;
+but he cannot give them away by will. If the
+husband dies during the wife's life and dies intestate
+she is entitled to a third, or, if there be no living
+descendant of the husband, to one half of his
+personality [but see the note of Bryce, above].
+But this is a case of pure intestate succession; she
+only has a share of what is left after payment of
+her husband's debts.</p>
+<p>"<span style="font-weight: bold;">V.</span> During the marriage the
+husband is in
+effect liable to the whole extent of his property for
+debts incurred or wrongs committed by his wife
+before the marriage, also for wrongs committed
+during the marriage. The action is against him
+and her as co-defendants. If the marriage is
+dissolved by his death, she is liable, his estate is
+not. If the marriage is dissolved by her death,
+he is liable as her administrator, but only to the
+<a name="Page_131"></a>extent of the property which he takes in that
+character." [Mr. Ashton, in his very interesting
+book, p. 31, quotes a peculiar note from a Parish
+Register in the reign of Queen Anne to this effect:
+"John Bridmore and Anne Sellwood, both of
+Chiltern all Saints, were married October 17, 1714.
+The aforesaid Anne Sellwood was married in her
+Smock, without any clothes or headgier on."
+"This is not uncommon," remarks Mr. Ashton,
+"the object being, according to a vulgar error, to
+exempt the husband from the payment of any
+debts his wife may have contracted in her ante-nuptial
+condition. This error seems to have
+been founded on a misconception of the law, as it
+is laid down 'the husband is liable for the wife's
+debts, because he acquires an absolute interest in
+the personal estate of his wife.' An unlearned
+person from this might conclude, and not unreasonably,
+that if his wife had no estate whatever
+he could not incur any liability."]</p>
+<p>"<span style="font-weight: bold;">VI.</span> During the marriage the
+wife cannot
+contract on her own behalf. She can contract as
+her husband's agent and has a certain power of
+pledging his credit in the purchase of necessaries.
+At the end of the Middle Ages it is very doubtful
+how far this power is to be explained by an
+'implied agency.' The tendency of more recent
+times has been to allow her no power that cannot
+be thus explained, except in the exceptional case
+of desertion."</p>
+<p>A perusal of these laws shows that they are
+<a name="Page_132"></a>immensely inferior to the Roman law, which not
+only gave the wife full control of her property,
+but protected her from coercion and bullying on
+the part of the husband. The amendment of these
+injustices has been very recent indeed. Successive
+statutes in 1870, 1874, and 1882<a name="FNanchor_399"></a><a
+ href="#Footnote_399"><sup>[399]</sup></a> finally abrogated
+the law which gave the husband full ownership of
+his wife's property by the mere act of marriage.
+Beginning with the year 1857, too, enlightenment
+in England had progressed to such a remarkable
+degree that certain acts were passed forbidding
+a husband to seize his wife's earnings and neglect
+her<a name="FNanchor_400"></a><a href="#Footnote_400"><sup>[400]</sup></a>;
+and she was actually allowed to keep her
+own wages after the desertion of her lord. Before
+that time he might desert his wife repeatedly,
+and return from time to time to take away her
+earnings and sell everything she had acquired.
+An act in 1886 (<i>49 and 50 Vict., c. 52</i>) gave magistrates
+the power to order a husband to pay his
+wife a weekly sum, not exceeding two pounds, for
+her support and that of the children if it appeared
+to the magistrates that the deserting husband had
+<a name="Page_133"></a>the means of maintaining her, but was unwilling
+to do so. Still, the husband can at any time
+terminate his desertion and force his wife to take
+him back on penalty of losing all rights to such
+maintenance. There was frantic opposition to
+all of these revolutionary enactments and many
+prophets arose crying woe; but the acts finally
+passed and England still lives.</p>
+<div class="sidenote"> Divorce. Authorities as above; and Howard, ii,
+3-117.</div>
+<p>Until the Reformation divorce was regulated
+by the canon law in accordance with the principles
+which I have explained. After the
+Reformation the matter at once assumed
+a different aspect because all Protestants
+agreed in denying that marriage is a
+sacrament. Scotland in this as in other respects
+has been more liberal than England; as early as
+1573 desertion as well as adultery had become
+grounds for divorce. But in England the force of
+the canon law continued. In Blackstone's day
+there were still, as under the canon law, only
+two kinds of separation. Complete dissolution
+of the marriage tie (<i>a vinculo matrimonii</i>) took
+place only on a declaration of the Ecclesiastical
+Court that on account of some canonical impediment,
+like consanguinity, the marriage was
+null and void from the beginning. Separation
+"from bed and board" (<i>a mensa et thoro</i>) simply
+gave the parties permission no longer to live
+together and was allowed for adultery or some
+other grave offences, like intolerable cruelty or
+a chronic disease. However, some time before
+<a name="Page_134"></a>Blackstone's day it had become the habit to get
+a dissolution of marriage <i>a vinculo matrimonii</i> for
+adultery by Act of Parliament; but the legal process
+was so tedious, minute, and expensive that only
+the very rich could afford the luxury.<a name="FNanchor_401"></a><a
+ href="#Footnote_401"><sup>[401]</sup></a> In the case
+of a separation <i>a mensa et thoro</i> alimony was allowed
+the wife for her support out of her husband's estate
+at the discretion of the ecclesiastical judges.</p>
+<p>The initiative in divorce by Act of Parliament
+was usually taken by the husband; not until 1801
+did a woman have the temerity so to assert her
+rights. The fact is, ever since the dawn of history
+society has, with its usual double standard of
+morality for men and women, insisted that while
+the husband must never tolerate infidelity on the
+part of the wife, the wife should bear with meekness
+the adulteries of her husband. Plutarch
+in his <i>Conjugal Precepts</i> so advises a wife; and this
+pious frame of mind has continued down the
+centuries to the present day. Devout old Jeremy
+Taylor in his <i>Holy Living</i>&#8212;a book which is read
+by few, but praised by many&#8212;thus counsels the
+suffering wife<a name="FNanchor_402"></a><a href="#Footnote_402"><sup>[402]</sup></a>:
+"But if, after all the fair deportments
+and innocent chaste compliances, the husband
+be morose and ungentle, let the wife discourse
+thus: 'If, while I do my duty, my husband
+neglects me, what will he do if I neglect him?'
+And if she thinks to be separated by reason of her
+<a name="Page_135"></a>husband's unchaste life, let her consider that
+the
+man will be incurably ruined, and her rivals
+could wish nothing more than that they might
+possess him alone." Dr. Samuel Johnson ably
+seconded the holy Jeremy's advice by declaring
+that there is a boundless difference between the
+infidelity of the man and that of the woman. In
+the husband's case "the man imposes no bastards
+upon his wife." Therefore, "wise married women
+don't trouble themselves about infidelity in their
+husbands."<a name="FNanchor_403"></a><a href="#Footnote_403"><sup>[403]</sup></a>
+Until very recent times not only men
+but also women have been unanimous in counselling
+abject submission to and humble adoration of
+the husband. A single example out of hundreds
+will serve excellently as a pattern. In 1821 a
+"Lady of Distinction" writes to a "Relation
+Shortly after Her Marriage" as follows<a name="FNanchor_404"></a><a
+ href="#Footnote_404"><sup>[404]</sup></a>: "The
+most perfect and implicit faith in the superiority
+of a husband's judgment, and the most absolute
+obedience to his desires, is not only the conduct
+that will insure the greatest success, but will give
+the most entire satisfaction. It will take from
+you a thousand cares, which would have answered
+to no purpose; it will relieve you from a weight of
+thought that would be very painful, and in no
+way profitable.... It has its origin in reason,
+<a name="Page_136"></a>in justice, in nature, and in the law of God....
+I have told you how you may, and how people
+who are married do, get a likeness of countenance;
+and in that I have done it. You will understand
+me, that by often looking at your husband's face,
+by smiling on the occasions on which he does, by
+frowning on those things which make him frown,
+and by viewing all things in the light in which you
+perceive he does, you will acquire that likeness of
+countenance which it is an honour to possess, because
+it is a testimony of love.... When your
+temper and your thoughts are formed upon those
+of your husband, according to the plan which I have
+laid down, you will perceive that you have no will,
+no pleasure, but what is also his. This is the
+character the wife of prudence would be apt to
+assume; she would make herself the mirror, to show,
+unaltered, and without aggravation, diminution,
+or distortion, the thoughts, the sentiments, and
+the resolutions of her husband. She would have
+no particular design, no opinion, no thought, no
+passion, no approbation, no dislike, but what
+should be conformable to his own judgment ...
+I would have her judgment seem the reflecting
+mirror to his determination; and her form the
+shadow of his body, conforming itself to his
+several positions, and following it in all its movements ...
+I would not have you silent; nay,
+when trifles are the subject, talk as much as any
+of them; but distinguish when the discourse turns
+upon things of importance."</p>
+<p><a name="Page_137"></a>It is not strange, therefore, that no woman
+protested publicly against a husband's infidelity
+until 1801. Up to 1840 there were but three cases
+of a woman's taking the initiative in divorce,
+namely, in 1801, 1831, and 1840; and in each case
+the man's adultery was aggravated by other
+offences. In two other suits the Lords rejected
+the petition of the wife, although the misconduct
+of the husband was clearly proved. But redress
+was still by the elaborate machinery of Act of
+Parliament and hence a luxury only for the
+wealthy until 1857, when a special Court for
+Divorce and Matrimonial Causes was established.<a name="FNanchor_405"></a><a
+ href="#Footnote_405"><sup>[405]</sup></a>
+Nevertheless, the law as it stands to-day is not of
+a character to excite admiration or to prove the
+existence of the proverbial "British Fair Play."
+A husband can obtain a divorce upon proof of his
+wife's infidelity; but the wife can get it only by
+proving, in addition to the husband's adultery,
+either that it was aggravated by bigamy or incest
+or that it was accompanied by cruelty or by two
+years' desertion. Misconduct by the husband
+bars him from obtaining a divorce. The court is
+empowered to regulate at its discretion the property
+rights of divorced people and the custody of
+the children.<a name="FNanchor_406"></a><a href="#Footnote_406"><sup>[406]</sup></a>
+All attempts have failed to make the
+law recognise that the misconduct of the husband
+shall be regarded equally as culpable as the wife's.</p>
+<div class="sidenote"> Rape and the age of legal consent.</div>
+<p><a name="Page_138"></a>We may pause a moment to glance at the
+provisions made by the criminal law for protecting
+women. The offence that most closely
+touches women is rape. The punishment
+of this in Blackstone's day was
+death<a name="FNanchor_407"></a><a href="#Footnote_407"><sup>[407]</sup></a>;
+but in the next century the death penalty
+was repealed and transportation for life substituted.<a
+ name="FNanchor_408"></a><a href="#Footnote_408"><sup>[408]</sup></a>
+The saddest blot on a presumably
+Christian civilisation connected with this matter
+is the so-called "age of legal consent." Under the
+older Common Law this was <i>ten</i> or <i>twelve;</i> in 1885
+it was <i>thirteen</i>, at which period a girl was supposed
+to be at an age to know what she was doing. But
+in the year 1885 Mr. Stead told the London public
+very plainly those hideous truths about crimes
+against young girls which everybody knew very
+well had been going on for centuries, but which
+no one ever before had dared to assert. The
+result was that Parliament raised the "age of
+legal consent" to sixteen, where it now stands.<a name="FNanchor_409"></a><a
+ href="#Footnote_409"><sup>[409]</sup></a>
+<a name="Page_139"></a>The idea that any girl of this age is
+sufficiently
+mature to know what she is doing by consenting
+to the lust of scoundrels is a fine commentary on
+the acuteness of the legal intellect and the high
+moral convictions of legislators.</p>
+<div class="sidenote"> Women's rights to an education.</div>
+<p>The rights of women to a higher education is
+distinctly a movement of the last half of the nineteenth
+century. It is true that throughout
+history there are many examples
+of remarkably well-educated women&#8212;Lady
+Jane Grey, for example, or Queen Elizabeth,
+or Olympia Morata, in Italy, she who in the golden
+period of the Renaissance became a professor at
+sixteen and wrote dialogues in Greek after the
+manner of Plato. But on looking closely into these
+instances we shall find first that these ladies were
+of noble rank and only thanks to their lofty position
+had access to knowledge; and secondly that
+they stand out as isolated cases&#8212;the great masses
+of women never dreamed beyond the traditional
+Kleider, K&uuml;che, Kinder, and Kirche. That an
+elementary education, consisting of reading, writing,
+and simple arithmetic, was offered them
+freely by hospital, monastery, and the like
+schools even as early as Chaucer&#8212;this we know;
+nevertheless, beyond that they were not supposed
+to aspire. So very recently, indeed, have women
+<a name="Page_140"></a>secured the rights to a higher education that
+many thousands to-day can easily recall the
+intensely bitter attacks which were directed
+against colleges like Wellesley and Bryn Mawr in
+their inception. Until the middle of the nineteenth
+century the whole education&#8212;what there
+was of it&#8212;of a girl was arranged primarily with a
+view to capture a husband and, once having him
+secure, to be his loving slave, to dwell with adoring
+rapture on his superior learning, and to be humbly
+grateful if her liege deigned from time to time to
+throw his spouse some scraps of knowledge which
+might be safely administered without danger of
+making her think for herself. These facts no one
+can well deny; but a few instances of prevalent
+opinion, in addition to those which I have already
+quoted, will afford the amusement of concrete
+examples.</p>
+<p>Mrs. Chapone, in the eighteenth century,
+advised her niece to avoid the study of classics
+and science lest she "excite envy in one sex and
+jealousy in the other." Lady Mary Wortley
+Montagu laments thus: "There is hardly a
+creature in the world more despicable and more
+liable to universal ridicule than a learned woman,"
+and "folly is reckoned so much our proper sphere,
+we are sooner pardoned any excesses of that than
+the least pretensions to reading and good sense."
+Pursuant to the prevailing sentiment on the
+education of women, the subjects which they
+studied and the books which they were allowed
+<a name="Page_141"></a>to read were carefully regulated. As to their
+reading, it was confined to romantic tales whereof
+the exceeding insipidity could not awaken any
+symptom of intelligence. Lyly dedicated his
+<i>Euphues</i> to the "Ladies and Gentlewomen of
+England" and Sidney's <i>Arcadia</i> owed its vast
+success to its female readers.</p>
+<p>The subjects studied followed the orthodox
+views. Beginning with the reign of Queen Anne
+boarding-schools for girls became very numerous.
+At these schools "young Gentlewomen" were
+"soberly educated" and "taught all sorts of
+learning fit for young Gentlewomen." The
+"learning fit for young Gentlewomen" comprised
+"the Needle, Dancing, and the French tongue; a
+little Music on the Harpsichord or Spinet, to read,
+write, and cast accounts in a small way." Dancing
+was the all-important study, since this was
+the surest route to their Promised Land, matrimony.
+The study of French consisted in learning
+parrot-like a modicum of that language pronounced
+according to the fancy of the speaker. As, however,
+the young beau probably did not know any
+more himself, the end justified the means. Studies
+like history, when pursued, were taken in homoeopathic
+doses from small compendiums; and it was
+adequate to know that Charlemagne lived somewhere
+in Europe about a thousand or so years ago.
+Yet even this was rather advanced work and
+exposed the woman to be damned by the report
+that she was educated. Ability to cook was not
+<a name="Page_142"></a>despised and pastry schools were not uncommon.
+Thus in the time of Queen Anne appears this:
+"To all Young Ladies: at Edw. Kidder's Pastry
+School in little Lincoln's Inn Fields are taught all
+Sorts of Pastry and Cookery, Dutch hollow works,
+and Butter Works," etc.</p>
+<p>At last in the first decades of the nineteenth
+century the civilised world began slowly to take
+some thought of women's higher education and
+to wake up to the fact that because a certain
+system has been in vogue since created man does
+not necessarily mean that it is the right one; a
+very heretical and revolutionary idea, which has
+always been and still is ably opposed by that great
+host of people who have steadily maintained that
+when men and women once begin to think for
+themselves society must inevitably run to ruin.
+In 1843 there was established a certain Governesses'
+Benevolent Institution. This was in its inception
+a society to afford relief to governesses, i.e.,
+women engaged in tutoring, who might be temporarily
+in straits, and to raise annuities for those
+who were past doing work. Obviously this would
+suggest the question of what a competent governess
+was; and this in turn led to the demand for a
+diploma as a warrant of efficiency. That called
+attention to the extreme ignorance of the members
+of the profession; and it was soon felt that classes
+of instruction were needed. A sum of money
+was accordingly collected in 1846 and given
+the Institution for that purpose. Some eminent
+<a name="Page_143"></a>professors of King's College volunteered to
+lecture;
+and so, on a small scale to be sure, began what
+is now Queen's College, the first college for women
+in England, incorporated by Royal Charter in
+1853. In 1849 Bedford College for women had
+been founded in London through the unselfish
+labours of Mrs. Reid; but it did not receive its
+charter until 1869. Within a decade Cheltenham,
+Girton, Newnham, and other colleges for women
+had arisen. Eight of the ten men's universities
+of Great Britain now allow examinations and
+degrees to women also; Oxford and Cambridge
+do not.</p>
+<div class="sidenote"> Women in the professions.</div>
+<p>Since then women's right to any higher education
+which they may wish to embrace has been
+permanently assured. As early as 1868
+Edinburgh opened its courses in pharmacy
+to women. In 1895 there were already
+264 duly qualified female physicians in Great
+Britain. In many schools they are allowed to
+study with men, as at the College of Physicians
+and Surgeons at Edinburgh; there are four medical
+schools for women only. We find women now
+actively engaged in agriculture, apiculture, poultry-keeping,
+horticulture; in library work and indexing;
+in stenography; in all trades and professions.
+The year 1893 witnessed the first appointment of
+women as factory inspectors, two being chosen
+that year in London and in Glasgow. Nottingham
+had chosen women as sanitary inspectors in
+1892. Thus in about two decades woman has
+<a name="Page_144"></a>advanced farther than in the combined ages which
+preceded. Before these very modern movements
+we may say that the stage was the only
+profession which had offered them any opportunity
+of earning their living in a dignified way. It
+seems that a Mrs. Coleman, in 1656, was the
+first female to act on the stage in England; before
+that, all female parts had been taken by boys
+or young men. A Mrs. Sanderson played Desdemona
+in 1660 at the Clare Market Theatre. In
+1661, as we may see from Pepys' <i>Diary</i> (Feb. 12,
+1661), an actress was still a novelty; but within
+a few decades there were already many famous
+ones.</p>
+<div class="sidenote"> Woman suffrage in England</div>
+<p>We have seen that now woman has obtained
+practically all rights on a par with men. There
+are still grave injustices, as in divorce;
+but the battle is substantially won. One
+right still remains for her to win, the
+right, namely, to vote, not merely on issues such
+as education&#8212;this privilege she has had for some
+time&#8212;but on all political questions; and connected
+with this is the right to hold political office. We
+may fittingly close this chapter by a review of the
+history of the agitation for woman suffrage.</p>
+<p>In the year 1797 Charles Fox remarked: "It
+has never been suggested in all the theories and
+projects of the most absurd speculation, that it
+would be advisable to extend the elective suffrage
+to the female sex." Yet five years before Mary
+Wollstonecraft had published her <i>Vindication of
+<a name="Page_145"></a>the Rights of Women</i>. Presently the writings
+of
+Harriet Martineau upon political economy proved
+that women could really think on politics.</p>
+<p>We may say that the general public first began
+to think seriously on the matter after the epoch-making
+Reform Act of 1832. This celebrated
+measure admitted &pound;10 householders to the right
+to vote and carefully excluded females; yet it
+marked a new era in the awakening of civic
+consciousness: women had taken active part in the
+attendant campaigns; and the very fact that
+"male persons" needed now to be so specifically
+designated in the bill, whereas hitherto "persons"
+and "freeholders" had been deemed sufficient,
+attests the recognition of a new factor in
+political life.</p>
+<p>In 1865 John Stuart Mill was elected to Parliament.
+That able thinker had written on <i>The
+Subjection of Women</i> and was ready to champion
+their rights. A petition was prepared under the
+direction of women like Mrs. Bodichon and Miss
+Davies; and in 1867 Mill proposed in Parliament
+that the word <i>man</i> be omitted from the People's
+Bill and <i>person</i> substituted. The amendment
+was rejected, 196 to 83.</p>
+<p>Nevertheless, the agitation was continued. The
+next year constitutional lawyers like Mr. Chisholm
+Anstey decided that women might be legally
+entitled to vote; and 5000 of them applied
+to be registered. In a test case brought before the
+Court of Common Pleas the verdict was adverse,
+<a name="Page_146"></a>on the ground that it was contrary to usage for
+women to vote. The fight went on. Mr. Jacob
+Bright in 1870 introduced a "Bill to Remove the
+Electoral Disabilities of Women" and lost. In
+1884 Mr. William Woodall tried again; he lost
+also, largely through the efforts of Gladstone; and
+the same statesman was instrumental in killing
+another bill in 1892, when Mr. A.J. Balfour urged
+its passage.</p>
+<p>At the present day women in England cannot
+vote on great questions of universal state policy
+nor can they hold great offices of state. Yet their
+gains have been enormous, as I shall next demonstrate;
+and in this connection I shall also
+glance briefly at their vast strides in the colonies.</p>
+<p>In 1850 Ontario gave all women school suffrage.
+In 1867 New South Wales gave them municipal
+suffrage. In 1869 England granted municipal
+suffrage to single women and widows; Victoria
+gave it to all women, married or single. In
+England in 1870 the Education Act, by which
+school boards were created, gave women the
+same rights as men, both as regards electing and
+being elected. In 1871 West Australia gave them
+municipal suffrage; in 1878 New Zealand gave
+school suffrage. In 1880 South Australia gave
+municipal suffrage. In 1881 widows and single
+women obtained municipal suffrage in Scotland
+and Parliamentary suffrage on the Isle of Man.
+Municipal suffrage was given by Ontario and
+Tasmania in 1884 and by New Zealand and New
+<a name="Page_147"></a>Brunswick in 1886; by Nova Scotia and Manitoba
+in 1887. In 1888 England gave women county
+suffrage and British Columbia and the North-West
+Territory gave them municipal suffrage. In 1889
+county suffrage was given the women of Scotland
+and municipal suffrage to single women and
+widows in the Province of Quebec. In 1893 New
+Zealand gave full suffrage. In 1894 parish and
+district suffrage was given in England to women
+married and single, with power to elect and to be
+elected to parish and district councils. In 1895
+South Australia gave full state suffrage to all
+women. In 1898 the women of Ireland were
+given the right to vote for all officers except
+members of Parliament. In 1900 West Australia
+granted full state suffrage to all. In 1902 full
+national suffrage was given all the women in
+federated Australia and full state suffrage to those
+of New South Wales. In 1903 Tasmania gave
+full state suffrage; in 1905 Queensland did the
+same; in 1908 Victoria followed. In 1907 England
+made women eligible as mayors, aldermen, and
+county and town councillors. In London, for example,
+at the present time women can vote for
+the 28 borough councils and 31 boards of guardians
+of the London City Council; they can also be
+themselves elected to these; be members of the
+central unemployed body or of the 23 district
+committees, and can be co-opted to all other
+bodies, like the local pension committees.
+Women can be aldermen of the Council; and there is
+<a name="Page_148"></a>nothing to prevent one from holding even the
+office of chairman.</p>
+<p>At the present moment the cause of woman
+suffrage in England is being furthered chiefly by
+two organizations which differ in methods. The
+National Union of Women's Suffrage Societies has
+adopted the "constitutional" or peaceful policy;
+but the National Women's Social and Political
+Union is "militant" and coercive.<br>
+<br>
+</p>
+<h4 style="text-align: left;">SOURCES:</h4>
+<p>I. The English Statutes. Published by Authority during
+the Various Reigns.</p>
+<p>II. Studies in History and Jurisprudence: by James Bryce.
+Oxford University Press, 1901. Pages 782-859 on "Marriage
+and Divorce."</p>
+<p>III. History of English Law: by Frederick Pollock and
+Frederic Maitland. 2 vols. Cambridge University Press,
+1898&#8212;second edition.</p>
+<p>IV. Commentaries on the Laws of England: by Sir William
+Blackstone. With notes selected from the editions of Archbold,
+Christian, Coleridge, etc., and additional notes by George
+Sharswood, of the University of Pennsylvania. 2 vols. Philadelphia,
+1860&#8212;Childs and Peterson, 602 Arch Street.</p>
+<p>V. A History of Matrimonial Institutions, chiefly in England
+and the United States: by George Elliott Howard. 4 vols. The
+University of Chicago Press, 1904.</p>
+<p>VI. Social England: edited by H.D. Traill. 6 vols. G.P.
+Putnam's Sons, 1901.</p>
+<p>VII. Social Life in the Reign of Queen Anne, taken from
+original sources: by John Ashton. London, Chatto and Windus,
+1897.</p>
+<p>VIII. The Renaissance of Girls' Education in England: by
+Alice Zimmern. London, A.D. Innes and Co., 1898.</p>
+<p>IX. Progress in Women's Education in the British Empire:
+<a name="Page_149"></a>edited by the Countess of Warwick. Being the
+Report of the
+Education Section, Victorian Era Exhibition, 1897. Longmans,
+Green, &amp; Co., 1898.</p>
+<p>X. Current Literature from the Earliest Times to the Present
+Day, references to which are noted as they occur.<br>
+<br>
+</p>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_393"></a><a href="#FNanchor_393">[393]</a>
+<div class="note">
+<p> If a woman sentenced to execution declared she was pregnant,
+a jury of twelve matrons could be appointed on a writ
+<i>de venire inspiciendo</i> to determine the truth of the matter; for
+she could not be executed if the infant was alive in the womb.
+The same jury determined the case of a widow who feigned herself
+with child in order to exclude the next heir and when she
+was suspected of trying to palm off a supposititious birth. But
+from all other jury duties women have always been excluded
+"on account of the weakness of the sex"&#8212;<i>propter defectum sexus</i>.</p>
+</div>
+<a name="Footnote_394"></a><a href="#FNanchor_394">[394]</a>
+<div class="note">
+<p> Blackstone, i, ch. 16.</p>
+</div>
+<a name="Footnote_395"></a><a href="#FNanchor_395">[395]</a>
+<div class="note">
+<p> Reg. Brev. Orig., f. 89: quod ipse praefatam A bene et honeste
+tractabit et gubernabit, ac damnum vel malum aliquod eidem
+A de corpore suo, aliter quam ad virum suum ex causa regiminis
+et castigationis uxoris suae licite et rationabiliter pertinet, non
+faciet nec fieri procurabit.</p>
+</div>
+<a name="Footnote_396"></a><a href="#FNanchor_396">[396]</a>
+<div class="note">
+<p> "Except in so far as he may lawfully and reasonably do so
+in order to correct and chastise his wife."</p>
+</div>
+<a name="Footnote_397"></a><a href="#FNanchor_397">[397]</a>
+<div class="note">
+<p> The learned commentator Christian adds a few more cases
+where formerly the criminal law was harshly prejudiced against
+women. Thus: "By the Common Law, all women were denied
+the benefit of clergy; and till the 3 and 4 <i>W. and M</i>., c. 9
+[William
+and Mary] they received sentence of death and might have been
+executed for the first offence in simple larceny, bigamy, manslaughter,
+etc., however learned they were, merely because their
+sex precluded the possibility of their taking holy orders; though a
+man who could read was for the same crime subject only to
+burning in the hand and a few months' imprisonment."</p>
+</div>
+<a name="Footnote_398"></a><a href="#FNanchor_398">[398]</a>
+<div class="note">
+<p> I Q.B. p. 671&#8212;in the Court of Appeal.</p>
+</div>
+<a name="Footnote_399"></a><a href="#FNanchor_399">[399]</a>
+<div class="note">
+<p> <i>Married Women's Property Act</i>, 45 and 46 V., c. 75&#8212;Aug.
+18, 1882.</p>
+</div>
+<a name="Footnote_400"></a><a href="#FNanchor_400">[400]</a>
+<div class="note">
+<p> Note this incident, from the <i>Westminister Review</i>, October,
+1856: "A lady whose husband had been unsuccessful in business
+established herself as a milliner in Manchester. After some
+years of toil she realised sufficient for the family to live upon
+comfortably,
+the husband having done nothing meanwhile. They
+lived for a time in easy circumstances after she gave up business
+and then the husband died, <i>bequeathing all his wife's earnings to
+his own illegitimate children</i>. At the age of 62 she was compelled,
+in order to gain her bread, to return to business."</p>
+</div>
+<a name="Footnote_401"></a><a href="#FNanchor_401">[401]</a>
+<div class="note">
+<p> For a full account of the elaborate machinery see Chitty's
+note to Blackstone, vol. i, p. 441, of Sharswood's edition.</p>
+</div>
+<a name="Footnote_402"></a><a href="#FNanchor_402">[402]</a>
+<div class="note">
+<p> <i>Holy Living, ch. 3, section I: Rules for Married Persons.</i></p>
+</div>
+<a name="Footnote_403"></a><a href="#FNanchor_403">[403]</a>
+<div class="note">
+<p> Boswell, vii, 288. Perhaps if the venerable Samuel had had
+the statistics of venereal disease given by adulterous husbands
+to wives and children he might not have been so sure of his
+contention.</p>
+</div>
+<a name="Footnote_404"></a><a href="#FNanchor_404">[404]</a>
+<div class="note">
+<p> Quoted by Professor Thomas in the <i>American Magazine</i>,
+July, 1909.</p>
+</div>
+<a name="Footnote_405"></a><a href="#FNanchor_405">[405]</a>
+<div class="note">
+<p> See 20 and 21 V., c. 85&#8212;Aug. 28. 1857.</p>
+</div>
+<a name="Footnote_406"></a><a href="#FNanchor_406">[406]</a>
+<div class="note">
+<p> See 7 Edw., c. 12&#8212;Aug. 9, 1907&#8212;Matrimonial Causes Act,
+which also gives the court discretion in alimony.</p>
+</div>
+<a name="Footnote_407"></a><a href="#FNanchor_407">[407]</a>
+<div class="note">
+<p> Blackstone, iv, ch. 15.</p>
+</div>
+<a name="Footnote_408"></a><a href="#FNanchor_408">[408]</a>
+<div class="note">
+<p> 4 <i>and</i> 5 <i>V., c.</i> 56, <i>s.</i> 3.</p>
+</div>
+<a name="Footnote_409"></a><a href="#FNanchor_409">[409]</a>
+<div class="note">
+<p> The Criminal Law Amendment Act, 1885, 48 <i>and</i> 49 <i>V. c.</i>
+69, section 5: "Any person who (1) unlawfully and carnally knows
+or attempts to have unlawful carnal knowledge of any girl being
+of or above the age of thirteen years and under the age of sixteen,
+or (2) unlawfully and carnally knows or attempts to have carnal
+knowledge of any female idiot or imbecile woman or girl under
+circumstances which do not amount to rape, but which prove
+that the offender knew at the time of the commission of the offence
+that the woman or girl was an idiot or imbecile, shall be
+guilty of a misdemeanour, and being convicted thereof shall be
+liable at the discretion of the Court to be imprisoned for any
+term not exceeding two years, with or without hard labour."
+Section 4: "Any one who unlawfully and carnally knows any
+girl under the age of thirteen shall be guilty of felony, and being
+convicted thereof shall be liable to be kept in penal servitude for
+life." Any one who merely attempts it can be imprisoned for
+any term not exceeding two years, with or without hard labour.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_VIII"></a>
+<h2><a name="Page_150"></a>CHAPTER VIII</h2>
+<h2>WOMEN'S RIGHTS IN THE UNITED STATES</h2>
+<p>It has been my aim, in this short history of the
+growth of women's rights, to depict for the
+most part the strictly legal aspect of the matter;
+but from time to time I have interposed some
+typical illustration of public opinion, in order to
+bring into greater prominence the ferment that
+was going on or the misery which existed behind
+the scenes. A history of legal processes might
+otherwise, from the coldness of the laws, give
+few hints of the conflicts of human passion which
+combined to set those processes in motion. Before
+I present the history of the progress of women's
+rights in the United States, I shall place before
+the reader some extracts which are typical and
+truly representative of the opposition which from
+the beginning of the agitation to the present day
+has voiced itself in all ranks of life. Let the
+reader bear carefully in mind that from 1837 to the
+beginning of the twentieth century such abuse
+as that which I shall quote as typical was hurled
+from ten thousand throats of men and women
+unceasingly; that Mrs. Stanton, Miss Anthony,
+and Mrs. Gage were hissed, insulted, and offered
+<a name="Page_151"></a>physical violence by mobs in New York<a
+ name="FNanchor_410"></a><a href="#Footnote_410"><sup>[410]</sup></a>
+and
+Boston to an extent inconceivable in this age; and
+that the marvellously unselfish labour of such
+women as these whom I have mentioned and of
+men like Wendell Phillips is alone responsible
+for the improvement in the legal status of
+women, which I propose to trace in detail. Some
+expressions of the popular attitude follow:</p>
+<div class="sidenote"> Examples of opposition to women's rights.</div>
+<p>From a speech of the Rev. Knox-Little at the
+Church of St. Clements in Philadelphia in 1880:
+"God made himself to be born of a woman
+to sanctify the virtue of endurance;
+loving submission is an attribute of a
+woman; men are logical, but women,
+lacking this quality, have an intricacy of thought.
+There are those who think women can be taught
+logic; this is a mistake. They can never by any
+power of education arrive at the same mental status
+as that enjoyed by men, but they have a quickness
+of apprehension, which is usually called leaping
+at conclusions, that is astonishing. There, then,
+we have distinctive traits of a woman, namely,
+endurance, loving submission, and quickness of
+apprehension. Wifehood is the crowning glory
+of a woman. In it she is bound for all time. To
+her husband she owes the duty of unqualified
+obedience. There is no crime which a man can
+commit which justifies his wife in leaving him or
+<a name="Page_152"></a>applying for that monstrous thing, divorce. It
+is
+her duty to subject herself to him always, and no
+crime that he can commit can justify her lack
+of obedience. If he be a bad or wicked man, she
+may gently remonstrate with him, but refuse him
+never. Let divorce be anathema; curse it; curse
+this accursed thing, divorce; curse it, curse it!
+Think of the blessedness of having children. I am
+the father of many children and there have been
+those who have ventured to pity me. 'Keep your
+pity for yourself,' I have replied, 'they never cost
+me a single pang.' In this matter let woman
+exercise that endurance and loving submission
+which, with intricacy of thought, are their only
+characteristics."</p>
+<p>From the Philadelphia <i>Public Ledger and Daily
+Transcript</i>, July 20, 1848: "Our Philadelphia ladies
+not only possess beauty, but they are celebrated
+for discretion, modesty, and unfeigned diffidence,
+as well as wit, vivacity, and good nature. Who
+ever heard of a Philadelphia lady setting up for a
+reformer or standing out for woman's rights, or assisting
+to <i>man</i> the election grounds [<i>sic</i>], raise a regiment,
+command a legion, or address a jury? Our
+ladies glow with a higher ambition. They soar to
+rule the hearts of their worshippers, and secure
+obedience by the sceptre of affection.... But all
+women are not as reasonable as ours of Philadelphia.
+The Boston ladies contend for the rights
+of women. The New York girls aspire to mount
+the rostrum, to do all the voting, and, we suppose,
+<a name="Page_153"></a>all the fighting, too.... Our Philadelphia girls
+object to fighting and holding office. They prefer
+the baby-jumper to the study of Coke and Lyttleton,
+and the ball-room to the Palo Alto battle.
+They object to having a George Sand for President
+of the United States; a Corinna for Governor; a
+Fanny Wright for Mayor; or a Mrs. Partington for
+Postmaster.... Women have enough influence
+over human affairs without being politicians....
+A woman is nobody. A wife is everything.
+A pretty girl is equal to ten thousand
+men, and a mother is, next to God, all powerful....
+The ladies of Philadelphia, therefore, under
+the influence of the most 'sober second thoughts'
+are resolved to maintain their rights as Wives,
+Belles, Virgins, and Mothers, and not as Women."</p>
+<p>From the "Editor's Table" of <i>Harper's New
+Monthly Magazine</i>, November, 1853: "Woman's
+Rights, or the movement that goes under that
+name, may seem to some too trifling in itself and
+too much connected with ludicrous associations
+to be made the subject of serious arguments.
+If nothing else, however, should give it consequence,
+it would demand our earnest attention
+from its intimate connection with all the radical
+and infidel movements of the day. A strange
+affinity seems to bind them all together....
+But not to dwell on this remarkable connection&#8212;the
+claim of 'woman's rights' presents not only
+the common radical notion which underlies the
+whole class, but also a peculiar enormity of its
+<a name="Page_154"></a>own; in some respects more boldly infidel, or
+defiant both of nature and revelation, than that
+which characterises any kindred measure. It is
+avowedly opposed to the most time-honoured proprieties
+of social life; it is opposed to nature;
+it is opposed to revelation.... This unblushing
+female Socialism defies alike apostles and prophets.
+In this respect no kindred movement is so decidedly
+infidel, so rancorously and avowedly anti-biblical.</p>
+<p>"It is equally opposed to nature and the established
+order of society founded upon it. We do
+not intend to go into any physiological argument.
+There is one broad striking fact in the constitution
+of the human species which ought to set the
+question at rest for ever. This is the fact of
+maternity.... From this there arise, in the first
+place, physical impediments which, during the best
+part of the female life, are absolutely insurmountable,
+except at a sacrifice of almost everything that
+distinguishes the civilized human from the animal,
+or beastly, and savage state. As a secondary, yet
+inevitably resulting consequence, there come
+domestic and social hindrances which still more
+completely draw the line between the male
+and female duties.... Every attempt to break
+through them, therefore, must be pronounced as
+unnatural as it is irreligious and profane....
+The most serious importance of this modern
+'woman's rights' doctrine is derived from its
+direct bearing upon the marriage institution. The
+<a name="Page_155"></a>blindest must see that such a change as is
+proposed
+in the relations and life of the sexes cannot leave
+either marriage or the family in their present state.
+It must vitally affect, and in time wholly sever,
+that oneness which has ever been at the foundation
+of the marriage idea, from the primitive
+declaration in Genesis to the latest decision of the
+common law. This idea gone&#8212;and it is totally
+at war with the modern theory of 'woman's rights'&#8212;marriage
+is reduced to the nature of a contract
+simply.... That which has no higher sanction
+than the will of the contracting parties, must, of
+course, be at any time revocable by the same
+authority that first created it. That which makes
+no change in the personal relations, the personal
+rights, the personal duties, is not the holy marriage
+<i>union</i>, but the unholy <i>alliance</i> of concubinage."</p>
+<p>In a speech of Senator George G. Vest, of
+Missouri, in the United States Senate, January 25,
+1887, these: "I now propose to read from a pamphlet
+sent to me by a lady.... She says to her
+own sex: 'After all, men work for women; or, if
+they think they do not, it would leave them but
+sorry satisfaction to abandon them to such existence
+as they could arrange without us.'</p>
+<p>"Oh, how true that is, how true!"</p>
+<p>In 1890 a bill was introduced in the New York
+Senate to lower the "age of consent"&#8212;the age at
+which a girl may legally consent to sexual intercourse&#8212;from
+16 to 14. It failed. In 1892 the
+brothel keepers tried again in the Assembly. The
+<a name="Page_156"></a>bill was about to be carried by universal
+consent
+when the chairman of the Judiciary Committee,
+feeling the importance of the measure, called for
+the individual yeas and nays, in order that the
+constituents of the representatives might know
+how their legislators voted. The bill thereupon
+collapsed. In 1889 a motion was made in the
+Kansas Senate to lower the age of consent from
+18 to <i>12</i>. But the public heard of it; protests
+flowed in; and under the pressure of these the law
+was allowed to remain as it was.</p>
+<p>Such are some typical examples of the warfare of
+the opposition to all that pertains to advancing
+the status of women. As I review the progress
+of their rights, let the reader recollect that this
+opposition was always present, violent, loud, and
+often scurrilous.</p>
+<p>In tracing the history of women's rights in the
+United States my plan will be this: I shall first give
+a general review of the various movements connected
+with the subject; and I shall then lay
+before the reader a series of tables, wherein may
+be seen at a glance the status of women to-day in
+the various States.</p>
+<div class="sidenote"> Single women.</div>
+<div class="sidenote"><br>
+<br>
+<br>
+History of agitation for women's rights.</div>
+<p>In our country, as in England, single women
+have at all times had practically the same legal
+rights as men; but by no means the
+same political, social, educational, or
+professional privileges; as will appear more conclusively
+later on.</p>
+<p><a name="Page_157"></a>We may say that the history of the agitation
+for
+women's rights began with the visit of Frances
+Wright to the United States in 1820.
+Frances Wright was a Scotchwoman, born
+at Dundee in 1797, and early exhibited
+a keen intellect on all the subjects which
+concern political and social reform. For several
+years after 1820 she resided here and strove to
+make men and women think anew on old traditional
+beliefs&#8212;more particularly on theology,
+slavery, and the social degradation of women.
+The venomous denunciations of press and pulpit
+attested the success of her efforts. In 1832
+Lydia Maria Child published her <i>History of
+Woman</i>, a r&eacute;sum&eacute; of the status of women; and
+this was followed by numerous works and articles,
+such as Margaret Fuller's, <i>The Great Lawsuit, or
+Man vs. Woman: Woman vs. Man</i>, and Eliza
+Farnham's <i>Woman and her Era</i>. Various women
+lectured; such as Ernestine L. Rose&#8212;a Polish
+woman, banished for asserting her liberty. The
+question of women's rights received a powerful
+impetus at this period from the vast number of
+women who were engaged in the anti-slavery
+agitation. Any research into the validity of
+slavery perforce led the investigators to inquire
+into the justice of the enforced status of women;
+and the two causes were early united. Women
+like Angelina and Sarah Grimk&eacute; and Lucretia
+Mott were pioneers in numerous anti-slavery
+conventions. But as soon as they dared to
+<a name="Page_158"></a>address meetings in which men were present, a
+tempest was precipitated; and in 1840, at the
+annual meeting of the Anti-Slavery Association,
+the men refused to serve on any committee in
+which any woman had a part; although it had
+been largely the contributions of women which
+were sustaining the cause. Affairs reached a
+climax in London, in 1840, at the World's Anti-Slavery
+Convention. Delegates from all anti-slavery
+organisations were invited to take part;
+and several American societies sent women to
+represent them. These ladies were promptly denied
+any share in the proceedings by the English
+members, thanks mainly to the opposition of the
+clergy, who recollected with pious satisfaction that
+St. Paul permitted not a woman to teach. Thereupon
+Lucretia Mott and Elizabeth Cady Stanton
+determined to hold a women's rights convention
+as soon as they returned to America; and thus
+a World's Anti-Slavery Convention begat an
+issue equally large.</p>
+<p>Accordingly, the first Women's Rights Convention
+was held at Seneca Falls, New York,
+July 19-20, 1848. It was organised by <i>divorced
+wives, childless women, and sour old maids</i>, the
+gallant newspapers declared; that is, by Mrs.
+Elizabeth Cady Stanton, Mrs. Lucretia Mott,
+Mrs. McClintock, and other fearless women, who
+not only lived the purest and most unselfish of
+domestic lives, but brought up many children
+besides. Great crowds attended. A <i>Declaration
+<a name="Page_159"></a>of Sentiments</i> was moved and adopted; and as
+this
+exhibits the temper of the convention and illustrates
+the then prevailing status of women very
+clearly, I shall quote it:</p>
+<p>DECLARATION OF SENTIMENTS</p>
+<p>"When, in the course of human events, it
+becomes necessary for one portion of the family
+of man to assume among the people of the earth a
+position different from that which they have
+hitherto occupied, but one to which the laws of
+nature and of nature's God entitle them, a decent
+respect to the opinions of mankind requires that
+they should declare the causes which impel them
+to such a course.</p>
+<p>"We hold these truths to be self-evident: that
+all men and women are created equal; that they
+are endowed by their Creator with certain inalienable
+rights; that among these are life, liberty,
+and the pursuit of happiness; that to secure these
+rights governments are instituted, deriving their
+just powers from the consent of the governed.
+Whenever any form of government becomes destructive
+of those ends, it is the right of those who
+suffer from it to refuse allegiance to it, and to insist
+upon the institution of a new government, laying
+its foundation on such principles, and organising
+its powers in such form, as to them shall seem
+most likely to effect their safety and happiness.
+Prudence, indeed, will dictate that governments
+<a name="Page_160"></a>long established should not be changed for light
+or transient causes; and accordingly all experience
+hath shown that mankind are more disposed to
+suffer, while evils are sufferable, than to right
+themselves by abolishing the forms to which they
+were accustomed. But when a long train of
+abuses and usurpations, pursuing invariably the
+same object, evinces a design to reduce them
+under absolute despotism, it is their duty to throw
+off such government, and to provide new guards
+for their future security. Such has been the
+patient sufferance of the women under this government,
+and such is now the necessity which constrains
+them to demand the equal station to which
+they are entitled.</p>
+<p>"The history of mankind is a history of repeated
+injuries and usurpations on the part of man
+toward woman, having in direct object the establishment
+of an absolute tyranny over her. To prove
+this, let facts be submitted to a candid world.</p>
+<p>"He has never permitted her to exercise her
+inalienable right to the elective franchise.</p>
+<p>"He has compelled her to submit to laws, in
+the formation of which she had no voice.</p>
+<p>"He has withheld from her rights which are
+given to the most ignorant and degraded men&#8212;both
+natives and foreigners.</p>
+<p>"Having deprived her of this first right of a
+citizen, the elective franchise, thereby leaving her
+without representation in the halls of legislation,
+he has oppressed her on all sides.</p>
+<p>"<a name="Page_161"></a>He has made her, if married, in the eye of
+the
+law, civilly dead.</p>
+<p>"He has taken from her all right in property,
+even to the wages she earns.</p>
+<p>"He has made her, morally, an irresponsible
+being, as she can commit many crimes with
+impunity, provided they be done in the presence
+of her husband. In the covenant of marriage,
+she is compelled to promise obedience to her husband,
+he becoming, to all intents and purposes,
+her master&#8212;the law giving him power to deprive
+her of her liberty, and to administer chastisement.</p>
+<p>"He has so framed the laws of divorce, as to
+what shall be the proper causes, and, in case of
+separation, to whom the guardianship of the children
+shall be given, as to be wholly regardless
+of the happiness of women&#8212;the law in all cases
+going upon a false supposition of the supremacy
+of man, and giving all power into his hands.</p>
+<p>"After depriving her of all rights as a married
+woman, if single, and the owner of property, he has
+taxed her to support a government which recognises
+her only when her property can be made
+profitable to it.</p>
+<p>"He has monopolised nearly all the profitable
+employments, and from those she is permitted to
+follow she receives but a scanty remuneration.
+He closes against her all the avenues of wealth and
+distinction which he considers most honourable to
+himself. As a teacher of theology, medicine, or
+law, she is not known.</p>
+<p>"<a name="Page_162"></a>He has denied her the facilities for
+obtaining
+a thorough education, all colleges being closed
+against her.</p>
+<p>"He allows her in church, as well as state,
+but a subordinate position, claiming Apostolic
+authority for her exclusion from the ministry, and,
+with some exceptions, from any public participation
+in the affairs of the church.</p>
+<p>"He has created a false public sentiment by
+giving to the world a different code of morals for
+men and women, by which moral delinquencies
+which exclude women from society are not only
+tolerated, but deemed of little account in man.</p>
+<p>"He has usurped the prerogative of Jehovah
+himself, claiming it as his right to assign for her
+a sphere of action, when that belongs to her conscience
+and to her God.</p>
+<p>"He has endeavoured, in every way that he
+could, to destroy her confidence in her own powers,
+to lessen her self-respect, and to make her willing
+to lead a dependent and abject life.</p>
+<p>"Now, in view of this entire disfranchisement
+of one half the people of this country, their social
+and religious degradation; in view of the unjust
+laws above mentioned, and because women do feel
+themselves aggrieved, oppressed, and fraudulently
+deprived of their most sacred rights, we insist that
+they have immediate admission to all the rights
+and privileges which belong to them as citizens
+of the United States.</p>
+<p>"In entering upon the great work before us,
+<a name="Page_163"></a>we anticipate no small amount of misconception,
+misrepresentation, and ridicule; but we shall use
+every instrumentality within our power to effect
+our object. We shall employ agents, circulate
+tracts, petition the State and National legislatures,
+and endeavour to enlist the pulpit and press in
+our behalf. We hope this Convention will be
+followed by a series of Conventions embracing
+every part of the country."</p>
+<p>Such was the defiance of the Women's Rights
+Convention in 1848; other conventions were
+held, as at Rochester, in 1853, and at Albany in
+1854; the movement extended quickly to other
+States and touched the quick of public opinion.
+It bore its first good fruits in New York in 1848,
+when the Property Bill was passed. This law,
+amended in 1860, and entitled "An Act Concerning
+the Rights and Liabilities of Husband and Wife"
+(March 20, 1860), emancipated completely the
+wife, gave her full control of her own property,
+allowed her to engage in all civil contracts or
+business on her own responsibility, rendered her
+joint guardian of her children with her husband,
+and granted both husband and wife a one-third
+share of one another's property in case of the
+decease of either partner.</p>
+<p>Thus New York became the pioneer. The
+movement spread, as I have mentioned, with
+amazing rapidity; but it was not so uniformly
+successful. Conventions were held, for example,
+<a name="Page_164"></a>in Ohio, at Salem, April 19-20, 1850; at Akron,
+May 28-29, 1851; at Massillon on May 27, 1852.
+Nevertheless, in 1857, the Legislature of Ohio
+passed a bill enacting that no married man should
+dispose of any personal property without having
+first obtained the consent of his wife; the wife was
+empowered, in case of a violation of this law, to
+commence a civil suit in her own name for the
+recovery of the property; and any married woman
+whose husband deserted her or neglected to provide
+for his family was to be entitled to his wages
+and to those of her minor children. A bill to
+extend suffrage to women was defeated, by a vote
+of 44 to 44; the petition praying for its enactment
+had received 10,000 signatures.</p>
+<p>The course of events as it has been described
+in New York and Ohio, is practically the same
+in the case of the other States. The Civil War
+relegated these issues to a secondary place; but
+during that momentous conflict the heroism of
+Clara Barton on the battlefield and of thousands
+of women like her paved the way for a reassertion
+of the rights of woman in the light of her unquestioned
+exertions and unselfish labours for her
+country in its crisis. After the war, attention
+began to be concentrated more on the right to <i>vote</i>.
+By the Fourteenth Amendment the franchise was
+at once given to negroes; but the insertion of the
+word <i>male</i> effectually barred any national recognition
+of woman's right to vote. A vigorous effort
+was made by the suffrage leaders to have <i>male</i>
+<a name="Page_165"></a>stricken from the amendment; but the effort was
+futile. Legislators thought that the black man's
+vote ought to be secured first; as the <i>New York
+Tribune</i> (Dec. 12, 1866) puts it snugly: "We want
+to see the ballot put in the hands of the black
+without one day's delay added to the long postponement
+of his just claim. When that is done,
+we shall be ready to take up the next question"
+(i.e., woman's rights).</p>
+<p>The first Women's Rights Convention after the
+Civil War had been held in New York City, May
+10, 1866, and had presented an address to Congress.
+Such was the dauntless courage of the
+leaders, that Mrs. Stanton offered herself as a
+candidate for Congress at the November elections,
+in order to test the constitutional rights of a
+woman to run for office. She received twenty-four
+votes.</p>
+<p>Six years later, on November I, 1872, Miss
+Susan B. Anthony did a far more Audacious
+thing. She went to the polls and asked to be
+registered. The two Republican members of the
+board were won over by her exposition of the
+Fourteenth Amendment and agreed to receive
+her name, against the advice of their Democratic
+colleague and a United States supervisor. Following
+Miss Anthony's example, some fifty other
+women of Rochester registered. Fourteen voted
+and were at once arrested under the enforcement
+act of Congress of May 31, 1870 (<i>section</i> 19). The
+case of Miss Anthony was argued, ably by her
+<a name="Page_166"></a>attorney; but she was adjudged guilty. A <i>nolle
+prosequi</i> was entered for the women who voted
+with her.</p>
+<p>Immediately after the decision in her case,
+the inspectors who had registered the women were
+put on trial because they "did knowingly and
+willfully register as a voter of said District one
+Susan B. Anthony, she, said Susan B. Anthony,
+then and there not being entitled to be registered
+as a voter of said District in that she, said Susan
+B. Anthony, was then and there a person of the
+female sex, contrary to the form of the statute of
+the United States of America in such case made and
+provided, and against the peace of the United
+States of America and their dignity." The defendants
+were ordered to pay each a fine of
+twenty-five dollars and the costs of the prosecution;
+but the sentence was revoked and an unconditional
+pardon given them by President Grant, in an order
+dated March 3, 1874. Miss Anthony was forced
+to pay her fine, in spite of an appeal to Congress.</p>
+<p>Such were the stirring times when the agitation
+for women's rights was first brought to the fore
+as a national issue. Within a few years, various
+States, like New York and Kansas, put the question
+of equal suffrage for women before its voters;
+they in general rejected the measure. At present
+there are four States which give women complete
+suffrage and right to vote on all questions with the
+same privileges as men, viz., Wyoming (1869),
+Colorado (1893), Utah (1896), and Idaho (1896).
+<a name="Page_167"></a>In 1838 Kentucky gave school suffrage to widows
+with children of school age; in 1861 Kansas gave
+it to all women. School suffrage was granted all
+women in 1875 by Michigan and Minnesota, in
+1876 by Colorado, in 1878 by New Hampshire and
+Oregon, in 1879 by Massachusetts, in 1880 by
+New York and Vermont, in 1883 by Nebraska,
+in 1887 by North and South Dakota, Montana,
+Arizona, and New Jersey. Kansas gave municipal
+suffrage in 1887; and Montana gave tax-paying
+women the right to vote upon all questions submitted
+to the tax-payers. In 1891 Illinois granted
+school suffrage, as did Connecticut in 1893. Iowa
+gave bond suffrage in 1894. In 1898 Minnesota
+gave women the right to vote for library trustees,
+Delaware gave school suffrage to tax-paying
+women, and Louisiana gave tax-paying women
+the right to vote upon all questions submitted to
+the tax-payers. Wisconsin gave school suffrage
+in 1900. In 1901 New York gave tax-paying
+women in all towns and villages of the State the
+right to vote on questions of local taxation; and
+the Kansas Legislature voted down almost unanimously
+a proposal to repeal municipal suffrage.
+In 1903 Kansas gave bond suffrage; and in 1907
+the new State of Oklahoma continued school
+suffrage. In 1908 Michigan gave all women who
+pay taxes the right to vote upon questions of local
+taxation and the granting of franchises.</p>
+<div class="sidenote"> Age of Legal consent.</div>
+<p>The history of the "age of legal consent" has
+an importance which through prudery and a wilful
+<a name="Page_168"></a>ignorance of facts the public has never fully
+realised.
+I shall have considerable to say of it
+later. It will suffice for the moment
+to remark that until the decade preceding
+1898 the old Common Law
+period of ten, sometimes twelve, years was the
+basis of "age of consent" legislation in most States
+and in the Territories under the jurisdiction of
+the national government. In 1885 the age in
+Delaware was <i>seven</i>.</p>
+<div class="sidenote"> The beginnings of higher education for women.</div>
+<p>The Puritans, burning with an unquenchable
+zeal for liberty, fled to America in order to build
+a land of freedom and strike off the
+shackles of despotism. After they were
+comfortably settled, they forthwith proceeded,
+with fine humour, to expel mistress
+Anne Hutchinson for venturing to speak
+in public, to hang superfluous old women for
+being witches, and to refuse women the right to an
+education. In 1684, when a question arose about
+admitting girls to the Hopkins School of New
+Haven, it was decided that "all girls be excluded
+as improper and inconsistent with such a grammar
+school as ye law enjoins and as in the Designs
+of this settlement." "But," remarks Professor
+Thomas, "certain small girls whose manners seem
+to have been neglected and who had the natural
+curiosity of their sex, sat on the schoolhouse steps
+and heard the boys recite, or learned to read and
+construe sentences from their brothers at home,
+and were occasionally admitted to school."</p>
+<p><a name="Page_169"></a>In the course of the next century the world
+moved a little; and in 1789, when the public
+school system was established in Boston, girls
+were admitted from April to October; but until
+1825 they were allowed to attend primary schools
+only. In 1790 Gloucester voted that "two hours,
+or a proportional part of that time, be devoted to
+the instruction of females." In 1793 Plymouth
+accorded girls one hour of instruction daily.</p>
+<p>The first female seminary in the United States
+was opened by the Moravians in Bethlehem,
+Pennsylvania, in 1749. It was unique. In 1803,
+of 48 academies or higher schools fitting for college
+in Massachusetts, only three were for girls, although
+a few others admitted both boys and girls.</p>
+<p>The first instance of government aid for the
+systematic education of women occurred in New
+York, in 1819. This was due to the influence of a
+remarkable woman. Mrs. Emma Willard had begun
+teaching in Connecticut and by extraordinary
+diligence mastered not only the usual subjects of
+the curriculum, but in addition botany, chemistry,
+mineralogy, astronomy, and the higher mathematics.
+She had, moreover, striven always to introduce
+new subjects and new methods into her
+school, and with such success that Governor
+Clinton, of New York, invited her to that State
+and procured her a government subsidy. Her
+school was established first at Watervliet, but
+soon moved to Troy. This seminary was the first
+girls' school in which the higher mathematics
+<a name="Page_170"></a>formed a part of the course; and the first
+public
+examination of a girl in geometry, in 1829, raised
+a storm of ridicule and indignation&#8212;the clergy, as
+usual, prophesying the speedy dissolution of all
+family bonds and therefore, as they continued
+with remorseless logic, of the state itself. But
+Mrs. Willard continued her ways in spite of clerical
+disapproval and by-and-by projected a system
+of normal schools for the higher education of
+teachers, and even suggested women as superintendents
+of public schools. New York survived
+and does not even remember the names of the
+patriots who fought a lonely woman so valiantly.</p>
+<p>The first female seminary to approach college
+rank was Mt. Holyoke, which was opened by
+Mary Lyon at South Hadley, Mass., in 1836.
+Vassar, the next, dates from 1865; and Radcliffe,
+the much-abused "Harvard Annex," was instituted
+in 1879. These were the first colleges
+exclusively for women. Oberlin College had
+from its foundation, in 1833, admitted men and
+women on equal terms; although it took pains to
+express its hearty disapproval of those women
+who, after graduation, had the temerity to advocate
+political rights for women&#8212;rights which
+that same Oberlin insisted should be given the
+negro at once. In 1858, when Sarah Burger and
+other women applied for admission to the University
+of Michigan, their request was refused.</p>
+<div class="sidenote"> First women in medicine.</div>
+<p>It was hard enough for women to assert their
+rights to a higher education; to enter a profession
+<a name="Page_171"></a>was almost impossible. Nevertheless, it was
+done.
+The pioneer in medicine was Harriet K. Hunt who
+practised in Boston from 1822 to 1872
+without a diploma; but in 1853 the
+Woman's Medical College of Pennsylvania
+conferred upon her the degree of Doctor of
+Medicine. The first woman to receive a diploma
+from a college after completing the regular course
+was Elizabeth Blackwell, who attained that distinction
+at Geneva, New York, in 1848. The first adequate
+woman's medical institution was Miss
+Blackwell's New York Infirmary, chartered in 1854.
+In 1863, Dr. Zakrzewska, in co-operation with
+Lucy Goddard and Ednah D. Cheney, established
+the New England Hospital for Women and Children,
+which aimed to provide women the medical
+aid of competent physicians of their own sex, to
+assist educated women in the practical study of
+medicine, and to train nurses for the care of the
+sick.<a name="FNanchor_411"></a><a href="#Footnote_411"><sup>[411]</sup></a></p>
+<div class="sidenote"> In law.</div>
+<p>In law, it would seem that Mistress Brut
+practised in Baltimore as early as 1647; but after
+her the first woman lawyer in the United
+States was Arabella A. Mansfield, of Mt.
+Pleasant, Iowa. She was admitted to the bar in
+1864. By 1879 women were allowed to plead
+before the Supreme Court of the United States.<a name="FNanchor_412"></a><a
+ href="#Footnote_412"><sup>[412]</sup></a></p>
+<p><a name="Page_172"></a><br>
+</p>
+<div class="sidenote">In the ministry.</div>
+<p>Coming now to the consideration of the ministry,
+the first woman to attempt to assert a right to
+that profession was Anne Hutchinson,
+of Boston, in 1634. She was promptly
+banished. Among the Friends and the Shakers
+women like Lucretia Mott and Anne Lee preached;
+and among the primitive Methodists and similar
+bodies women were always permitted to exhort;
+but the first regularly ordained woman in the
+United States appears to have been Rev. Antoinette
+Brown Blackwell, of the Congregational Church
+who was ordained in 1852. In 1864 Rev. Olympia
+Brown settled as pastor of the parish at Weymouth
+Landing, in Massachusetts; and the Legislature
+acknowledged marriages solemnised by women as
+legal. Phebe Hanaford, Mary H. Graves, and
+Lorenza Haynes were the first Massachusetts
+women to be ordained preachers of the Gospel;
+the latter was at one time chaplain of the
+Maine House of Representatives. The best
+known woman in the ministry at the present
+day is Rev. Anna Howard Shaw, a Methodist
+minister, president of the National American
+Woman's Suffrage Association.<a name="FNanchor_413"></a><a
+ href="#Footnote_413"><sup>[413]</sup></a></p>
+<div class="sidenote"> As newspaper editors.</div>
+<p>Women have from very early times been exceedingly
+active in newspaper work. Anna Franklin
+printed the first newspaper in Rhode
+Island, in 1732; she was made official
+printer to the colony. When the founder of the
+<i>Mercury</i>, of Philadelphia, died in 1742, his widow,
+<a name="Page_173"></a>Mrs. Cornelia Bradford, carried it on for many
+years with great success, just as Mrs. Zenger continued
+the <i>New York Weekly Journal</i>&#8212;the second
+newspaper started in New York&#8212;for years after
+the death of her husband. Anna K. Greene
+established the <i>Maryland Gazette</i>, the first paper
+in that colony, in 1767. Penelope Russell printed
+<i>The Censor</i> in Boston, in 1771. In fact, there was
+hardly a colony in which women were not actively
+engaged in printing. After the Revolution they
+were still more active. Mrs. Anne Royal edited
+<i>The Huntress</i> for a quarter of a century. Margaret
+Fuller ran <i>The Dial</i>, in Boston, in 1840 and
+numbered Emerson and William Channing among
+her contributors. From 1840 to 1849 the mill
+girls of Lowell edited the <i>Lowell Offering</i>. These
+are but a few examples of what women have done
+in newspaper work. How very influential they
+are to-day every one knows who is familiar with
+the articles and editorial work appearing in
+newspapers and magazines; and that women are
+very zealous reporters many people can attest
+with considerable vigour.<a name="FNanchor_414"></a><a
+ href="#Footnote_414"><sup>[414]</sup></a></p>
+<div class="sidenote"> Women in industry.</div>
+<p>The enormous part which women now play in
+industry and in all economic production is a
+concomitant of the factory system, specialised
+industry, and all that makes
+a highly elaborated and complex society. Be<a name="Page_174"></a>fore
+the introduction of machine industry, and in
+the simple society of the colonial days, women
+were no less a highly important factor in economic
+production; but not as wage earners. Their importance
+lay in the fact that spinning, weaving,
+brewing, cheese and butter making, and the like
+were matters attended to by each household to
+supply its own wants; and this was considered the
+peculiar sphere of the housewife. In 1840 Harriet
+Martineau found only seven employments open
+to women in the United States, viz., teaching,
+needlework, keeping boarders, working in cotton
+mills and in book binderies, type-setting, and
+household service.</p>
+<p>I shall now present a series of fifty tables, by
+means of which the reader may see at a glance the
+status of women in all the States to-day. For convenience,
+I shall arrange the views alphabetically.</p>
+<br>
+<p>TABLES SHOWING THE PRESENT STATUS OF WOMEN
+IN THE UNITED STATES.</p>
+<p>The right of "dower," as used in these tables,
+refers to the widow's right, under the Common
+Law, to the possession, for her life-time, of one
+third of the real estate of which her husband was
+possessed in fee-simple during the marriage.</p>
+<p>"Curtesy" is the right of the husband after his
+wife's death to the life use of his wife's real estate,
+sometimes dependent on the birth of children,
+sometimes not; and usually the absolute right to
+her whole personal estate.</p>
+<p><a name="Page_175"></a>It must be remembered that the enforcement
+Of certain laws, particularly in regard to child
+labour, is extremely lax in many States. It will
+be noted also that an unscrupulous employer
+could find loopholes in some of the statutes.
+The reader can observe these things for himself
+in his particular State.</p>
+<br>
+<p style="font-weight: bold;"><i>Alabama</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p>POPULATION: Male 916,764; female 911,933.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and has full control of own property; but she
+cannot mortgage her real and personal property
+or alienate it without husband's consent. Married
+women may execute will without concurrence
+of husband and may bar latter's right of curtesy.
+Husband may appoint guardian for children by
+will; but wife has custody of them until they are
+fourteen. If a wife commits a crime in partnership
+with her husband she cannot be punished
+(except for murder and treason). Husband is
+not required by law to support the family.</p>
+<p>DIVORCE: Absolute divorce is granted for
+incurable impotence, adultery, desertion for two
+years, imprisonment for two years or more, crimes
+against nature, habitual drunkenness after marriage;
+in favour of husband if wife was pregnant
+at time of marriage without his knowledge or
+agency, in favour of wife for physical violence on
+<a name="Page_176"></a>part of husband endangering life or health, or
+when there is reasonable apprehension of such
+violence.</p>
+<p>Limited divorce is granted for cruelty in either
+of the parties or any other cause which would
+justify absolute divorce, if the party desires only
+a divorce from bed and board.</p>
+<p>LABOUR LAWS: Women not allowed to work in
+mines. Children under 12 not permitted to work
+in any factory. All employers of women must
+provide seats and must allow women to rest
+when not actively engaged.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: There is no suffrage.
+Women not eligible for any elective office;
+they may be notaries public. There are 18 women
+in the ministry, 12 journalists, 1 dentist, 3
+lawyers, 16 doctors, 3 professors, 2 bankers, 5
+saloon keepers, 4 commercial travellers, 11 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Arizona</i></p>
+<p>AGE OF LEGAL CONSENT: 17.</p>
+<p>POPULATION: Male 71,795; female 51,136.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. Wife has control of property which
+she had before marriage. Wife may contract
+debts for necessaries for herself and children upon
+credit of husband. She may sue and be sued and
+make contracts in her own name as regards her
+<a name="Page_177"></a>separate property, but must sue jointly with
+husband for personal injuries, and damages recovered
+are community property and in his control.
+Father is legal guardian of minor children;
+at his death mother becomes guardian as long as
+she remains unmarried.</p>
+<p>DIVORCE: Absolute divorce for excesses, cruelty,
+or outrage, adultery, impotence, conviction
+for a felony, desertion for one year, neglect of
+husband to provide for one year, habitual intemperance;
+in favour of husband if wife was
+pregnant at time of marriage without his knowledge
+or agency.</p>
+<p>There is no limited divorce; but when the
+husband wilfully abandons his wife, she can maintain
+an action against him for permanent maintenance
+and support.</p>
+<p>LABOUR LAWS: No woman or minor may work
+or give any exhibition in a saloon.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women 21 years old
+or more who are mothers or guardians of a child
+of school age are eligible to the office of school
+trustee and may vote for such officers. There
+are 12 women in the ministry, 1 dentist, 2 journalists,
+4 lawyers, 4 doctors, 628 saloon keepers,
+2 bankers, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Arkansas</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 675,312; female 636,252.</p>
+<p><a name="Page_178"></a>HUSBAND AND WIFE: Wife controls own earnings.
+Dower exists, but not curtesy. Wife may
+sell or transfer her separate real estate without
+husband's consent. Father is legal guardian of
+children, but cannot apprentice them or create
+testamentary guardianship for them without
+wife's consent. At husband's death wife may
+be guardian of persons of children, but not of
+their property, unless derived from her.</p>
+<p>DIVORCE: Absolute or limited divorce for
+impotence, wilful desertion for a year, when husband
+or wife had a former wife or husband living
+at the time of the marriage sought to be set aside,
+conviction for felony or other infamous crime,
+habitual drunkenness for one year, intolerable
+indignities, and adultery subsequent to marriage.</p>
+<p>LABOUR LAWS: Labour contracts of married
+women, approved by their husbands, are legal
+and binding. No woman may work in a mine.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. 13
+women are ministers, 6 journalists, 9 lawyers, 39
+doctors, 3 professors, 3 saloon keepers, 9 commercial
+travellers, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>California</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 820,531; female 664,522.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Wife may dispose of separate property
+without husband's consent. In torts of a personal
+<a name="Page_179"></a>nature she must sue jointly with her husband.
+Husband is guardian of minor children; wife becomes
+so at his death. Husband must provide
+for family. If husband has no property or is
+disabled, wife must support him and the family
+out of her property or earnings.</p>
+<p>DIVORCE: Absolute divorce for adultery, extreme
+cruelty, wilful desertion for one year, wilful
+neglect for one year, habitual intemperance
+for one year, conviction for felony.</p>
+<p>There are no statutory provisions for limited
+divorce. But when the wife has any cause for
+action as provided in the code, she may, without
+applying for a divorce, maintain an action against
+her husband for permanent support and maintenance
+of herself or of herself and children.</p>
+<p>LABOUR LAWS: Sex shall be no disqualification
+for entering any business, vocation, or profession.
+Children under 16 may not be let out for
+acrobatic performances or any exhibition endangering
+life or morals. Any one who sends a minor
+under the age of 18 to a saloon, gambling house, or
+brothel, is guilty of a misdemeanour. One day of
+rest each week must be given all employees.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. May
+be elected school trustees. May be notaries
+public. There are 201 women in the ministry,
+52 dentists, 116 journalists, 60 lawyers, 522 doctors,
+8 professors, 129 saloon keepers, 9 bankers,
+23 commercial travellers, etc.</p>
+<a name="Page_180"></a><br>
+<p style="font-weight: bold;"><i>Colorado</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 295,332; female 244,368.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+No assignment of wages by a married
+man is valid without the consent of his wife.
+Neither dower nor curtesy obtains. Husband
+and wife have same rights in making wills. Wife
+can sue and be sued as if unmarried. She is joint
+guardian of children with husband and has equal
+powers. Husband must support family.</p>
+<p>DIVORCE: Absolute divorce for impotence,
+when husband or wife had a wife or husband living
+at time of marriage, adultery subsequent to marriage,
+wilful desertion for one year, cruelty (including
+the infliction of mental suffering as well
+as physical violence), neglect to provide for one
+year, habitual drunkenness for one year, conviction
+for felony.</p>
+<p>There is no limited divorce.</p>
+<p>LABOUR LAWS: Eight hours the usual day's
+work. Children under 12 may not work in mines;
+none under 14 may exhibit in saloons, variety
+theatres, or any place endangering morals. No
+female help may be sent to any place of bad repute.
+Children under 14 may not be employed
+in mills or factories. No woman may work underground
+in a mine. All employers of women
+must provide seats.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+<a name="Page_181"></a>AND PROFESSIONAL STATUS: Full suffrage. Women
+are eligible to all offices; 10 have served
+in the Legislature. There are 39 women in the
+ministry, 23 dentists, 28 journalists, 17 lawyers,
+172 doctors, 4 professors, 17 saloon keepers, 12
+bankers, 8 commercial travellers, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Connecticut</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 454,294; female 454,126.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+No dower or curtesy. Survivor gets one
+third of property. Wife controls own property.
+Wife and husband joint guardians of children with
+equal powers. Husband must support family.</p>
+<p>DIVORCE: Absolute divorce for adultery,
+fraudulent contract, wilful desertion for three
+years with total neglect of duty, seven years'
+absence when absent party is not heard from during
+that period, habitual intemperance, intolerable
+cruelty, sentence to imprisonment for life,
+any infamous crime involving a violation of conjugal
+duty and punishable by imprisonment.</p>
+<p>There is no limited divorce.</p>
+<p>LABOUR LAWS: No child under 12 may give
+exhibition endangering limbs or morals. Employers
+of females may not send them to any place
+of bad repute. Eight hours is a day's work.
+Women employees must have seats to rest. No
+woman shall be forced to labour more than ten
+hours a day.</p>
+<p><a name="Page_182"></a>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage and may be elected school trustees.
+There are 45 women in the ministry, 6 dentists,
+122 doctors, 1 professor, 28 saloon keepers, 4 bankers,
+13 commercial travellers, 14 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Delaware</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 94,158; female 90,577.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+If there is a child or lawful issue of a child
+living, widow has a life interest in one third of the
+real estate and one third absolutely of the personal
+property. If there is no child nor the descendant
+of a child living, widow has a life interest in one
+half of the real estate and one half absolutely of
+the personal estate. If there are neither descendants
+nor kin of husband, she gets the entire real
+estate for her life, and all the personal estate
+absolutely. Father is legal guardian of children
+and he alone may appoint a guardian at his death.
+Husband must support family.</p>
+<p>DIVORCE: Absolute divorce for adultery, desertion
+for three years, habitual drunkenness, impotence,
+extreme cruelty, conviction for felony,
+procurement of marriage by fraud for want of
+age, wilful neglect to provide for three years.</p>
+<p>Limited divorce may be decreed, in the discretion
+of the court, for the last two causes
+mentioned.</p>
+<p><a name="Page_183"></a>LABOUR LAWS: All female employees must be
+provided with seats. Sunday labour forbidden.
+No minor under 15 may be let out for any gymnastic
+or other exhibition endangering body or
+morals. Separate lunch, wash-rooms, etc., for
+all women employees; the rooms must be kept
+reasonably heated. Using indecent or profane
+language towards a female employee is a misdemeanour.
+The governor must appoint a <i>female</i>
+factory inspector who shall see that these laws
+are enforced. Children under 14 may not work
+in mills and factories; and no child under 16 shall
+be forced to labour more than nine hours daily.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women in Milford,
+Townsend, Wyoming, and Newark who pay a
+property tax may vote for Town Commissioners.
+All such women in the State may vote for school
+trustees. There are 4 women in the ministry, 3
+dentists, 1 journalist, 1 lawyer, 7 doctors, 8 saloon
+keepers, 1 commercial traveller, 2 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>District of Columbia</i></p>
+<p>AGE OF LEGAL CONSENT; 16.</p>
+<p>POPULATION: Male 132,004; female 146,714.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and property, may be sued and sue, carry
+on business, etc., as if unmarried. Husband and
+wife are equal guardians of children. Husband
+must furnish reasonable support if he have property.
+Both dower and curtesy obtain.</p>
+<p><a name="Page_184"></a>DIVORCE: Absolute divorce for bigamy,
+insanity
+at time of marriage, impotence, adultery
+habitual drunkenness for three years, cruel treatment
+endangering life or health.</p>
+<p>Limited divorce for drunkenness, cruelty, and
+desertion.</p>
+<p>In case of absolute divorce, only the innocent
+party may remarry; but the divorced parties may
+marry each other again.</p>
+<p>LABOUR LAWS: No child under 14 may be
+let out for any public exhibition endangering
+body or morals. Seats must be provided for
+women employees. Employment agencies must
+not send applicants to places of bad repute.
+Children under 14 may not be employed in
+any factory, hotel, etc.; but judge of juvenile
+court may give dispensation to child between 12
+and 14. No girl under 16 may be bootblack or
+sell papers or any other wares publicly.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+may be notaries public and members of Board of
+Education. 17 women in the ministry, 7 dentists,
+38 journalists, 23 lawyers, 56 doctors, 18 saloon
+keepers, 1 banker, 7 commercial travellers, 2
+carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Florida</i></p>
+<p>AGE OF LEGAL CONSENT: 16 (but 10 practically,
+as penalty above 10 is insignificant).</p>
+<p><a name="Page_185"></a>POPULATION: Male 275,246; female 253,296.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and owns separate estate; but cannot transfer
+her real or personal property without husband's
+consent. Dower prevails, but not curtesy. Wife
+may make a will as if unmarried. Husband is
+legal guardian of children. Husband must support
+family.</p>
+<p>DIVORCE: Absolute divorce for impotence,
+where the parties are within the degrees prohibited
+by the law, adultery, bigamy, extreme cruelty,
+habitual indulgence in violent and ungovernable
+temper, habitual intemperance, desertion for one
+year, if husband or wife has obtained a divorce
+elsewhere and if the applicant has been a citizen
+of Florida for two years.</p>
+<p>There is no limited divorce. But the wife may
+claim alimony, without applying for a divorce,
+for any of these causes except bigamy.</p>
+<p>LABOUR LAWS: Ten hours legal day's work.
+Employers of women must provide seats. No
+child under 14 may be let out for any public exhibition
+endangering body or morals. Sunday
+labour forbidden. No child under 12 may be employed
+in any factory, or any place where intoxicating
+liquor is sold; and no child under 12
+may labour more than nine hours a day.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+may be notaries public. 19 women in the
+ministry, 1 dentist, 9 journalists, 4 lawyers, 21
+<a name="Page_186"></a>doctors, 1 banker, 3 commercial travellers, 6
+carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Georgia</i></p>
+<p>AGE OF LEGAL CONSENT: 10.</p>
+<p>POPULATION: Male 1,103,201; female 1,113,130.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and own property. Dower prevails, but not
+curtesy. Husband is legal guardian of children
+and at his death may appoint a guardian to the
+exclusion of his wife. Husband must support
+family.</p>
+<p>DIVORCE: Absolute divorce for intermarriage
+within the prohibited degrees of consanguinity
+and affinity, mental incapacity at time of marriage,
+impotence at time of marriage, force, menace,
+duress, or fraud in obtaining marriage, pregnancy
+of wife at time of marriage unknown to husband,
+adultery, wilful desertion for three years, conviction
+for an offence involving imprisonment for two
+years or longer.</p>
+<p>Absolute or limited divorce for cruelty or habitual
+intoxication. Limited divorce for any ground
+held sufficient in English courts prior to May 4,
+1784.</p>
+<p>LABOUR LAWS: No boss or other superior in
+any factory shall inflict corporal punishment on
+minor labourers. Seats must be provided for
+female employees. Sunday labour forbidden. No
+minors may be employed in barrooms. To let
+<a name="Page_187"></a>out children for gymnastic exhibition or any
+indecent
+exhibition is a misdemeanour. Children
+under 12 may not work in factories. No child
+under 14 may work between 7 P.M. and 6 A.M.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. 33
+women in the ministry, 2 dentists, 37 journalists,
+6 lawyers, 43 doctors, 4 professors, 2 saloon
+keepers, 4 bankers, 9 commercial travellers, 10
+carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Idaho</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 93,367; female 68,405.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. Wife can secure control of own property
+only by going into court and showing that
+her husband is mismanaging it. Husband is legal
+guardian of the children.</p>
+<p>DIVORCE: Absolute divorce for adultery, extreme
+cruelty, wilful desertion for one year, wilful
+neglect for one year, habitual intemperance
+for one year, conviction of felony, permanent
+insanity.</p>
+<p>There is no limited divorce.</p>
+<p>LABOUR LAWS: No Sunday labour. Children
+under 14 may not work in mine, factory, hotel,
+or be messenger; no child under 16 shall work
+more than nine hours per day; nor be let out for
+any exhibition or vocation which endangers health
+<a name="Page_188"></a>or morals; nor ever be sent to any immoral
+resort
+or serve or handle intoxicating liquors.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Full suffrage. Women
+are eligible to all offices. 7 women are in
+the ministry, 4 journalists, 2 lawyers, 15 doctors,
+1 saloon keeper, 1 commercial traveller, 1 carpenter,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Illinois</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 2,472,782; female 2,348,768.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Dower prevails. Wife has full disposal of
+property, can sue, etc., as if unmarried. Wife
+and husband are equal guardians of children.
+Wife is entitled to support suited to her condition
+in life; husband is entitled to same support out
+of her individual property. They are jointly
+liable for family expenses.</p>
+<p>DIVORCE: Absolute divorce for impotence,
+bigamy, adultery, wilful desertion for two years,
+habitual drunkenness for two years, attempt to
+murder, extreme and repeated cruelty, conviction
+for felony or other infamous crime.</p>
+<p>No limited divorce; but married women living
+separate through no fault of their own have an
+action in equity for reasonable maintenance, if
+they so desire.</p>
+<p>LABOUR LAWS: No Sunday labour. No minor
+<a name="Page_189"></a>shall be allowed to sell indecent literature,
+etc.,
+nor be let out as acrobat or mendicant or for any
+immoral occupation. Eight hours a legal day's
+work. No person shall be debarred from any
+occupation or profession on account of sex; but
+females shall not be required to work on streets or
+roads or serve on juries. No child under 14 to be
+employed in any place where intoxicating liquors
+are sold or in factory or bowling alley; and shall
+not labour more than eight hours. No child under
+16 shall engage in occupations dangerous to life or
+morals; and no female under 16 shall engage in
+any employment which requires her to stand constantly.
+Seats must be provided for all female
+employees. No woman shall work more than
+ten hours a day in stores and factories.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage and are eligible to all school offices and can
+be notaries public. There are 292 women in the
+ministry, 117 dentists, 240 journalists, 113 lawyers,
+820 doctors, 31 professors, 196 saloon keepers, 8
+bankers, 101 commercial travellers, 24 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Indiana</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Males 1,285,404; females
+1,231,058.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+No dower or curtesy. Wife may sue in her
+<a name="Page_190"></a>own name for injuries, etc. Neither husband nor
+wife can alienate their separate real estate without
+each other's consent. A wife can act as
+executor or administrator of an estate only with
+her husband's consent. No married woman can
+become a surety for any person. Husband is
+guardian of children.</p>
+<p>DIVORCE: Absolute for adultery, impotency,
+desertion for two years, cruel and inhuman treatment,
+habitual drunkenness, neglect of husband
+to provide for two years, conviction of an infamous
+crime.</p>
+<p>Limited divorce for adultery, desertion or
+neglect for six months, habitual cruelty or constant
+strife, gross and wanton neglect of conjugal duty
+for six months.</p>
+<p>LABOUR LAWS: No child under 12 may work in
+a mine. Children under 15 may not be let out for
+acrobatic or any immoral exhibition or to work in
+any place where liquor is sold. Seats must be
+provided for female employees. Eight hours a
+legal day's work. No female under 18 may
+work more than ten hours a day in any factory,
+laundry, renovating works, bakery, or printing
+office; no woman shall be employed in any factory
+between 10 P.M. and 6 A.M. Suitable dressing
+rooms must be provided and not less than sixty
+minutes given for the noonday meal. Sweatshops
+under strict supervision of a State inspector.
+No woman may work in a mine. No Sunday
+labour.</p>
+<p><a name="Page_191"></a>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+PROFESSIONAL STATUS: No suffrage. Women
+may be notaries public. 130 women in the
+ministry, 34 dentists, 79 journalists, 40 lawyers,
+195 doctors, 6 professors, 27 saloon keepers, 2
+bankers, 44 commercial travellers, 7 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Indian Territory</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 208,952; female 183,108.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. Dower is in force and curtesy. Woman
+controls separate estate absolutely in practice;
+for though at common law any money or property
+given her husband for investment becomes his,
+by statute it does not. Husband and wife are
+equal guardians of children.</p>
+<p>DIVORCE: Absolute or limited for impotence,
+wilful desertion for one year, bigamy, conviction
+for felony or other infamous crime,
+habitual drunkenness for one year, cruel treatment
+endangering life, intolerable indignities,
+adultery, incurable insanity subsequent to marriage.</p>
+<p>LABOUR LAWS: No Sunday labour.</p>
+<p>SUFFRAGE, POLITICAL CONDITION; INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. 6
+women in ministry, 1 dentist, 4 journalists, 13
+doctors, 4 professors, 1 banker, etc.</p>
+<a name="Page_192"></a><br>
+<p style="font-weight: bold;"><i>Iowa</i></p>
+<p>AGE OF LEGAL CONSENT: 15.</p>
+<p>POPULATION: Male 1,156,849; female 1,075,004.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Any assignment of wages must have written
+consent of both husband and wife. No dower
+or curtesy; surviving husband or wife is entitled to
+one third in fee simple of both real and personal
+estate of other at his or her death. Wife controls
+own property, can sue, etc., as if single. Husband
+and wife are equal guardians of children. Support
+and education of family is chargeable equally
+on husband's and wife's property.</p>
+<p>DIVORCE: Absolute for adultery, wilful desertion
+for two years, conviction of felony after marriage,
+habitual drunkenness, inhuman treatment
+endangering life, pregnancy of wife at time of
+marriage by another man, unless the husband
+have an illegitimate child living unknown to wife.</p>
+<p>No limited divorce.</p>
+<p>Annulment for prohibited degrees, impotence,
+bigamy, insanity or idiocy at time of marriage.</p>
+<p>LABOUR LAWS: No female may be employed
+in any place where intoxicating liquors are sold;
+Seats must be provided for female employees.
+Children under 16 not to assist in operating
+dangerous machinery. No Sunday labour. No
+person under 14 may work in a factory, mine,
+laundry, slaughter-house, store where more than
+eight persons are employed; no child under 16
+<a name="Page_193"></a>shall be employed in any vocation endangering
+life or morals, nor shall work more than ten hours
+a day.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have bond
+suffrage and can vote on increase of taxes. They
+may serve as school trustees and superintendents.
+117 women in ministry, 52 dentists, 74 journalists,
+53 lawyers, 260 doctors, 27 professors, 8 saloon
+keepers, 11 bankers, 34 commercial travellers, 7
+carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Kansas</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 768,716; female 701,779.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Husband and wife are equal guardians of
+children. Wife controls her separate property, can
+sue, etc., as if unmarried. Neither husband nor
+wife can convey or encumber real estate without
+consent of other; nor dispose by will of more than
+one half of the separate property without other's
+consent. If there are no children, the surviving
+husband or wife takes all the property, real and
+personal; if there are children, one half. Husband
+must support family.</p>
+<p>DIVORCE: Absolute for bigamy, desertion for
+one year, adultery, impotency, when wife at
+time of marriage was pregnant by another than
+her husband, extreme cruelty, fraudulent contract,
+<a name="Page_194"></a>habitual drunkenness, gross neglect of duty,
+conviction
+and imprisonment for felony subsequent
+to marriage.</p>
+<p>No limited divorce; but wife may obtain alimony
+without divorce for any causes above mentioned.</p>
+<p>LABOUR LAWS: People employing children under
+14 in acrobatic or mendicant occupations
+are guilty of a misdemeanour. No Sunday labour.
+Seats must be provided for female employees.
+No child under 14 may work in coal mine, nor
+in any factory or packing house. No child under
+16 may work at any occupation endangering
+body or morals.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have municipal,
+school, and bond suffrage. 63 women
+in ministry, 21 dentists, 39 journalists, 43 lawyers,
+190 doctors, 21 professors, 9 saloon keepers, 7
+bankers, 20 commercial travellers, 19 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Kentucky</i></p>
+<p>AGE OF LEGAL CONSENT: 12.</p>
+<p>POPULATION: Male 1,090,227; female 1,056,947.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. Curtesy and dower are equalised.
+After the death of either husband or wife, the
+survivor is given a life interest in one third of the
+realty of the deceased and an absolute estate in
+one half of the personalty. Wife controls her
+<a name="Page_195"></a>personal property, but cannot dispose of real
+estate without husband's consent; the husband
+can convey real estate without his wife's signature,
+but it is subject to her dower. Husband is legal
+guardian of children. He must furnish support
+according to his condition, but if he has only his
+wages there is no law to punish him for non-support.</p>
+<p>DIVORCE: Absolute to both husband and wife
+for impotence or inability to copulate and for
+living apart for five consecutive years without
+any cohabitation. Also to the party not in fault
+for desertion for one year, adultery, condemnation
+for felony, concealment of any loathsome disease
+at time of marriage or contracting it afterwards,
+force, duress, or fraud in obtaining marriage,
+uniting with any creed or religious society requiring
+a renunciation of the marriage covenant
+or forbidding husband and wife to cohabit. To
+the wife, when not in like fault, for confirmed
+drunkenness of husband leading to neglect to
+provide, habitual behaviour by husband for six
+months indicating aversion to wife and causing
+her unhappiness, physical injury or attempt at
+it. To the husband for wife's pregnancy at time
+of marriage unknown to him, adultery of wife, or
+such conduct as proves her to be unchaste without
+proof of adultery, and habitual drunkenness
+of wife.</p>
+<p>Limited divorce for any of these causes or any
+other cause as the court may deem sufficient.</p>
+<p><a name="Page_196"></a>LABOUR LAWS: Forbidden to let or employ any
+children under 16 in any acrobatic or mendicant
+or immoral occupations. No Sunday labour. No
+child under 14 shall work in factory, mill, or mine
+unless said child shall have no other means of
+support. No child under 16 shall work more
+than ten hours per day. Seats and suitable
+dressing-rooms must be provided for female
+employees.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: In the country districts
+any widow having a child of school age and
+any widow or spinster having a ward of school age
+may vote for school trustees and school taxes.
+In Louisville, five third-class, and twenty or more
+fourth-class cities no woman has any vote. Women
+may be notaries public. 39 women in ministry,
+4 dentists, 21 journalists, 16 lawyers, 98
+doctors, 5 professors, 35 saloon keepers, 3 bankers,
+20 commercial travellers, 9 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Louisiana</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 694,733; female 686,892.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. Wife cannot appear in court without
+her husband's consent, and needs this consent in
+all matters connected with her separate estate.
+She may make her will without the authority of
+her husband. No woman can be a witness to a
+<a name="Page_197"></a>testament. No married woman can be executor
+without husband's consent. The dowry is given
+to the husband, for him to enjoy as long as the
+marriage shall last. Husband is legal guardian
+of children.</p>
+<p>DIVORCE: Absolute or limited for adultery,
+condemnation to an infamous punishment, habitual
+and intolerable intemperance, insupportable
+excess or outrages, public defamation on the
+part of one of the married persons toward the
+other, desertion, attempted murder, proof of
+guilt of husband or wife who has fled from justice
+when charged with an infamous offence.</p>
+<p>LABOUR LAWS: No female to be employed in
+any place where liquor is sold. No Sunday labour.
+No child under 15 to engage in any acrobatic or
+theatrical public exhibition. Seats must be provided
+for female employees, who are also to have
+at least thirty minutes for lunch. No girl under 14
+may be employed in any mill or factory; and no
+woman shall be worked more than ten hours a
+day. Seats, suitable dressing-rooms, and stairs
+must be provided. An inspector, male or female,
+is appointed.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Tax-paying women
+can vote on all questions of taxation. 14 women
+in ministry, 4 dentists, 21 journalists, 8 lawyers,
+25 doctors, 16 professors, 31 saloon keepers, 2
+bankers, 18 commercial travellers, 9 carpenters,
+etc.</p>
+<a name="Page_198"></a><br>
+<p style="font-weight: bold;"><i>Maine</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 350,995; female 343,471.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and has full control of separate property.
+Wife and husband are equal guardians of children.
+If there is no will, the interest of the husband or
+wife in the real estate of the other is the same&#8212;one
+third absolutely, if there is issue living, one
+half if there is no issue, the whole if there is
+neither issue nor kindred.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+extreme cruelty, desertion for three years, gross
+and confirmed habits of Intoxication whether from
+liquors or drugs, cruel and abusive treatment,
+wilful neglect to provide.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: Ten hours a day the legal
+limit for female employees. No child under
+14 may work in a factory. No Sunday labour.
+No child under 16 may be employed in any
+acrobatic, mendicant, immoral, or dangerous
+occupation.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+can be justices of the peace, town clerks, and
+registers of probate. They cannot be notaries
+public. 39 women in ministry, 4 dentists, 33
+journalists, 4 lawyers, 67 doctors, 1 professor, 3
+bankers, 5 carpenters, etc.</p>
+<a name="Page_199"></a><br>
+<p style="font-weight: bold;"><i>Maryland</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 589,275; female 598,769.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+No assignment of wages to be made without
+consent of both husband and wife. Wife
+controls separate property absolutely. Inheritance
+of property is the same for widow and widower.
+Husband is legal guardian of children and must
+support family.</p>
+<p>DIVORCE: Absolute for impotence, any cause
+which by the laws of the State renders a marriage
+null and void <i>ab initio</i>, adultery, desertion
+for three years, illicit sexual intercourse <i>of the woman
+before</i> marriage unknown to husband (<i>but the wife
+cannot obtain a divorce from her husband if he has
+been guilty of such an offence</i>). Limited divorce
+for cruelty, excessively vicious conduct, or desertion.
+In all cases where an absolute divorce is
+granted for adultery or abandonment, the court
+may decree that the guilty party shall not contract
+marriage with any other person during the
+lifetime of the other party. Annulment is given
+for bigamy or marriage within the prohibited
+degrees of consanguinity and affinity.</p>
+<p>LABOUR LAWS: Seats must be provided for
+female employees. No Sunday labour. No child
+under 14 may be employed in any mendicant or
+acrobatic occupation. No child under 8 may be
+employed in peddling. Women may not be wait<a name="Page_200"></a>resses
+in any place where liquor is sold. Children
+under 12 may not be employed in any business
+except in the counties, from June 1 to Oct. 15,
+Ten hours a legal day's work.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+serve as notaries public. 35 women in
+ministry, 6 dentists, 23 journalists, 6 lawyers, 87
+doctors, 4 professors, 2 bankers, 13 commercial
+travellers, 10 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Massachusetts</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 1,367,474; female 1,437,872.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and has control of her separate property subject
+only to the husband's interests. She can
+be executor, make contracts, etc., as if unmarried.
+The husband is legal guardian of minor children;
+he may dispose of them and may appoint a
+guardian at his death. Husband must support
+family. In distributing the estate, no distinction
+is made between real and personal property.
+The surviving husband or wife takes one third,
+if deceased leaves children or their descendants;
+5000 dollars and one half of the remaining estate
+if the deceased leaves no issue; and the whole, if
+deceased leaves no kin. This is taken absolutely
+and not for life. Curtesy and dower exist; but
+the old-time curtesy is cut down to a life-interest
+<a name="Page_201"></a>in one third, the same as dower; and in order to
+be
+entitled to dower or curtesy, the surviving husband
+or wife must elect to take it in preference to
+the above provisions.</p>
+<p>DIVORCE: Absolute for adultery, impotency,
+utter desertion for three years, gross and confirmed
+habits of intoxication, cruel and abusive treatment,
+wilful neglect to provide, sentence to imprisonment
+for five years.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: No Sunday labour. Ten hours
+a legal day's work. No woman to labour between
+10 P.M. and 6 A.M. in any manufacturing establishment,
+nor between 6 P.M. and 6 A.M. in any textile
+works. No child under 14 and no illiterate under
+16 and over 14 may be employed in any factory
+or mercantile establishment. No child under 14
+may be employed between 7 P.M. and 6 A.M., or
+during the time when the public schools are in
+session. Seats must be provided for females.
+No woman or young person shall be required to
+work more than six hours without thirty minutes
+for lunch. No child under 15 may engage in any
+gymnastic or theatrical exhibition.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage. They may be justices of the peace.
+188 women in ministry, 38 dentists, 180 journalists,
+47 lawyers, 729 doctors, 38 professors, 8
+saloon keepers, 3 bankers, 73 commercial travellers,
+31 carpenters, etc.</p>
+<a name="Page_202"></a><br>
+<p style="font-weight: bold;"><i>Michigan</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 1,248,905; female 1,172,077.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. Dower prevails, but not curtesy.
+When the wife has separate real estate, she controls
+it as if single. The husband cannot give
+full title to his real estate unless the wife joins so
+as to cut off her dower. Father is guardian of the
+children. Husband must support.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+imprisonment for three years, desertion for two
+years, habitual drunkenness, if husband or wife
+has obtained a divorce in another State.</p>
+<p>Limited or absolute divorce at the discretion
+of the court for extreme cruelty, desertion for two
+years, neglect to provide.</p>
+<p>LABOUR LAWS: No female may be employed in
+any place where liquor is sold. Seats must be
+provided for female employees. Ten hours a
+legal day's work. No Sunday labour. No child
+under 16 may take part in any acrobatic or mendicant
+or dangerous or immoral occupation, nor
+shall any minor be given obscene literature to
+sell. No female under 21 may be employed in
+any occupation endangering life, health, or morals.
+At least forty-five minutes must be allowed for
+lunch.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: All women who
+<a name="Page_203"></a>pay taxes may vote upon questions of local
+taxation and the granting of franchises. Parents
+and guardians have also school suffrage. Women
+serve as notaries public. 105 women in
+ministry, 17 dentists, 81 journalists, 27 lawyers,
+270 doctors, 26 professors, 23 saloon keepers, 13
+bankers, 53 commercial travellers, 32 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Minnesota</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 932,490; female 818,904.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings,
+but cannot convey or encumber her separate
+real estate without husband's consent. No dower
+or curtesy. If either husband or wife die intestate,
+the survivor, if there is issue living, is
+entitled to the homestead for life and one third
+of the rest of the estate in fee simple. If there
+are no descendants, the entire estate goes absolutely
+to the survivor. Husband is guardian of
+children and must support family.</p>
+<p>DIVORCE: Absolute for adultery, impotency,
+cruel and inhuman treatment, sentence to imprisonment
+after marriage, wilful desertion for
+one year, habitual drunkenness for one year.</p>
+<p>Limited divorce&#8212;to wife only&#8212;for cruel and
+inhuman treatment, on part of husband, or such
+conduct as may make it unsafe and improper for
+her to cohabit with him, desertion and neglect to
+provide.</p>
+<p><a name="Page_204"></a>LABOUR LAWS: Children between 8 and 18 must
+be sent to school during whole period schools are
+in session, except in cases of unusual poverty.
+Ten hours a legal day's work. Seats must be provided
+for female employees. No Sunday labour.
+No child under 18 may engage in any occupation
+between 6 P.M. and 7 A.M.; nor in any mendicant,
+acrobatic, immoral, or dangerous business. No
+child under 14 may work in factory or mine.
+A <i>female</i> factory inspector must be appointed.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage and may vote for library trustees. 80
+women in ministry, 18 dentists, 75 journalists,
+21 lawyers, 199 doctors, 16 professors, 17 saloon
+keepers, 10 bankers, 46 commercial travellers, 8
+carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Mississippi</i></p>
+<p>AGE OF LEGAL CONSENT: 10.</p>
+<p>POPULATION: Male 781,451; female 769,819.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings. He manages her separate property,
+but must give an account of it annually. No
+dower or curtesy. If husband or wife dies intestate,
+the entire estate goes to the survivor; if
+there is issue, surviving husband or wife has a
+child's share of the estate. Each has equal rights
+in making a will. Father is legal guardian of
+children, but cannot deprive mother of custody
+of their persons. Husband must support.</p>
+<p><a name="Page_205"></a>DIVORCE: Absolute for marriage within
+prohibited
+degrees, natural impotence, adultery,
+sentence to the penitentiary, wilful desertion for
+two years, habitual drunkenness or excessive use
+of drugs, habitually cruel treatment, pregnancy of
+wife at time of marriage unknown to husband,
+bigamy, insanity, or idiocy when party applying
+did not know of it.</p>
+<p>No limited divorce. The court may decree
+that the guilty party must not marry again.</p>
+<p>LABOUR LAWS: No Sunday labour. There are
+no other laws.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: A woman as a free-holder
+or lease-holder may vote at a county
+election to decide as to the adoption or non-adoption
+of a law permitting stock to run at
+large. If a widow and the head of a family, she
+may vote on leasing certain portions of land in the
+township which are set apart for school purposes.
+Widows in country districts may also vote for
+school trustees. Women cannot be notaries
+public. 13 women in ministry, 2 dentists, 19
+journalists, 4 lawyers, 16 doctors, 3 professors,
+1 saloon keeper, 3 bankers, 9 commercial travellers,
+13 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Missouri</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 1,595,710; female 1,510,955.</p>
+<p>HUSBAND AND WIFE: Wife controls own
+<a name="Page_206"></a>earnings. Her separate property is liable for
+debts contracted by the husband for necessaries
+for the family. Wife can sue and be sued, make
+contracts, etc., in her own name. She may hold
+real property under three different tenures: an
+equitable separate estate created by certain technical
+words in the conveyance, and this she can dispose
+of without husband's consent; a legal separate
+estate, which she cannot convey without his
+joinder; and a common law estate in fee, of which
+the husband is entitled to the rents and profits.
+Dower and curtesy prevail. Husband is guardian
+of children and must support.</p>
+<p>DIVORCE: Absolute for impotence, bigamy,
+adultery, desertion for one year, conviction for
+felony or infamous crime, habitual drunkenness
+for one year, cruel treatment endangering life
+or intolerable indignities, vagrancy of husband,
+pregnancy of wife at time of marriage unknown
+to husband.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: Seats must be provided for female
+employees. No woman may be employed
+in any place where liquor is served except wife,
+daughter, mother, or sister of owner. No child
+under 14 to engage in any acrobatic, mendicant,
+dangerous, or immoral occupation. No Sunday
+labour. No female may work underground in a
+mine. Children between 8 and 14 must go to
+school. No child under 14 may work in any
+theatre, concert hall, factory; but this applies
+<a name="Page_207"></a>only to cities with 10,000 or more inhabitants,
+No female may labour more than 54 hours a week.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+may be notaries public. 138 women in
+ministry, 32 dentists, 87 journalists, 61 lawyers,
+303 doctors, 17 professors, 44 saloon keepers,
+30 bankers, 37 commercial travellers, 15 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Montana</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 149,842; female 93,487.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+There is dower, but not curtesy. Wife
+controls separate property. Husband is guardian
+of children and must furnish support; but wife
+must help, if necessary. Her personal property is
+subject to debts incurred for family expenses.</p>
+<p>DIVORCE: Absolute for adultery, extreme
+cruelty, wilful desertion, wilful neglect, habitual
+intemperance, conviction of felony.</p>
+<p>No limited divorce; but wife may have an action
+for permanent maintenance, at discretion of court,
+even though absolute divorce is denied.</p>
+<p>LABOUR LAWS: Children under 16 may not be
+employed in mines. Children between 8 and 14
+must go to school. No child under 16 may take
+part in any acrobatic, mendicant, or wandering
+occupation. No Sunday labour. No child under
+<a name="Page_208"></a>16 may work in mill, factory, railroad, in any
+place where machinery is operated, or in any
+messenger company.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women may vote
+for school trustees. Those owning property may
+vote on all questions submitted to tax-payers.
+They cannot be notaries public. 22 women in
+ministry, 3 dentists, 6 journalists, 3 lawyers, 16
+doctors, 7 saloon keepers, 2 commercial travellers,
+2 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Nebraska</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 564,592; female 501,708.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and separate property. Both dower and
+curtesy prevail; but wife can mortgage or sell
+her real estate without husband's consent and
+without regard for his right of curtesy. He can
+do the same with his separate property, but subject
+to her dower. Husband and wife are equal
+guardians of the children. Husband must provide;
+but wife's separate property can be levied on
+for necessaries furnished the family, if husband
+has no property. Wife is not "next of kin" and
+cannot sue, for example, for damages to a minor
+child, even though she is divorced and has custody
+of children.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+<a name="Page_209"></a>imprisonment for three years, desertion for two
+years, habitual drunkenness, imprisonment for
+life, extreme cruelty, neglect to provide.</p>
+<p>Limited divorce also for last three causes. Annulment
+for bigamy, when one party is white
+and other has one fourth or more negro blood,
+insanity or idiocy at time of marriage, consanguinity,
+obtaining marriage by fraud or force,
+when there has been no subsequent cohabitation.</p>
+<p>LABOUR LAWS: Children must go to school
+between 7 and 15. Ten hours a legal day's labour.
+Sunday labour forbidden. Females to be employed
+between 6 A.M. and 10 P.M. Seats must be
+provided. No child under 14 may be employed
+in any place where liquor is sold, factory, hotel,
+laundry, messenger work. No child under 14
+may be employed at all during school term.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women who are
+mothers of children of school age or who are assessed
+on real or personal property have school
+suffrage; but they cannot vote for State or county
+superintendents or county supervisors. Women
+act as notaries public. 95 women in ministry,
+16 dentists, 35 journalists, 23 lawyers, 134 doctors,
+11 professors, 10 saloon keepers, 15 commercial
+travellers, 12 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Nevada</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p><a name="Page_210"></a>POPULATION: Male 25,603; female 16,732.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+She may control her separate property,
+if a list of it is filed with the county recorder, but
+unless it is kept constantly inventoried and recorded,
+it becomes community property. The
+community property, both real and personal, is
+under absolute control of husband and at wife's
+death it all belongs to him. On death of the husband,
+wife is entitled to half of it. A wife's
+earnings are hers if her husband has allowed her
+to appropriate them to her own use, when they
+are regarded as a gift from him to her. Husband
+is legal guardian of children. Husband
+must provide; but there is no penalty if he does
+not.</p>
+<p>DIVORCE: Absolute for impotence, adultery
+since marriage remaining unforgiven, wilful desertion
+for one year, conviction for felony or
+infamous crime, habitual drunkenness which incapacitates
+party from contributing his or her
+share to support of family, extreme cruelty, wilful
+neglect to provide for one year.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: There are none dealing with
+women and children.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+cannot serve as notaries public. 2 women in
+ministry, 4 dentists, 1 journalist, 1 lawyer, 6
+doctors, 5 saloon keepers.</p>
+<a name="Page_211"></a><br>
+<p style="font-weight: bold;"><i>New Hampshire</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 205,379; female 206,209.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Dower and curtesy prevail. Wife can
+sue and be sued and make contracts without husband's
+consent. Husband is legal guardian of
+children, and must provide.</p>
+<p>DIVORCE: Absolute for impotence, adultery,
+extreme cruelty, imprisonment for one year,
+treatment seriously injuring health or endangering
+reason, absence for three years without being
+heard from, habitual drunkenness for three years,
+joining any religious sect which believes relation
+of husband and wife unlawful, desertion for three
+years with neglect to provide.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: No child under 12 may be employed
+in any factory, nor any child under 14
+while schools are in session. Nine hours and forty
+minutes the legal limit for female labour per day.
+No child under 14 shall engage in any acrobatic
+exhibition or in the selling of obscene literature.
+No Sunday labour. Seats must be provided for
+female employees. No female may sell or serve
+liquor.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS. Women have school
+suffrage. They may be notaries public. 25
+women in ministry, 3 dentists, 12 journalists, 2
+<a name="Page_212"></a>lawyers, 61 doctors, 3 professors, 9 saloon
+keepers
+6 commercial travellers, 5 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>New Jersey</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 941,760; female 941,909.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Dower and curtesy prevail. She has full
+disposal of her personal property by will; but
+must get husband's consent to convey or encumber
+her separate estate. Husband is guardian of
+children. Husband must furnish support; but
+wife must contribute, if he is unable.</p>
+<p>DIVORCE: Absolute for bigamy, marriage
+within prohibited degrees, adultery, wilful desertion
+for two years, impotence.</p>
+<p>Limited divorce for extreme cruelty.</p>
+<p>In case of desertion and neglect to provide,
+wife has an action for support.</p>
+<p>LABOUR LAWS: Seats must be provided for
+female employees. Hours for labour must be
+from 7 A.M. to 12 M. and from 1 P.M. to 6 P.M., except
+in fruit canning and glass factories. Sunday
+labour forbidden. No child under 18 may engage
+in any acrobatic, immoral, or mendicant occupation.
+No child under 15 may engage in any vocation
+unless he or she shall have attended school
+within twelve months immediately preceding. No
+child under 14 may work in a factory. No female
+<a name="Page_213"></a>employee shall be sent to any place of bad
+repute.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women in villages
+and country districts have school suffrage. They
+may be notaries public. 87 women in ministry,
+19 dentists, 45 journalists, 23 lawyers, 176 doctors,
+4 professors, 208 saloon keepers, 4 bankers, 11
+commercial travellers, 12 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>New Mexico</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p>POPULATION: Male 104,228; female 91,082.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Curtesy prevails. Neither husband nor
+wife can convey real property without consent
+of other. Husband is legal guardian of children,
+but is not required by law to support the family.</p>
+<p>DIVORCE: Absolute for adultery, cruel treatment,
+desertion, impotency, neglect to provide,
+habitual drunkenness, conviction for felony and
+imprisonment subsequent to marriage, pregnancy
+of wife at time of marriage unknown to husband.</p>
+<p>No limited divorce. But when husband and
+wife have permanently separated, wife has an action
+for support.</p>
+<p>LABOUR LAWS: No Sunday labour. There are
+no other laws relating to women and children.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Wo<a name="Page_214"></a>men
+may be notaries public. 10 women in ministry,
+2 dentists, 5 doctors, 3 professors, 2 saloon
+keepers, 1 commercial traveller, 3 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>New York</i></p>
+<p>AGE OF LEGAL CONSENT: 18. (Trials may be
+held privately, and it is almost impossible to secure
+a conviction.)</p>
+<p>POPULATION: Male 3,614,780; female 3,654,114.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Dower and curtesy prevail. Wife holds
+separate property free from control of husband.
+Both husband and wife can make wills without
+knowledge or consent of other. Wife can mortgage
+or convey her whole estate without husband's
+consent; he can do this with his personal property;
+but not with his real estate. Husband and wife
+are equal guardians of the children. Husband
+must provide.</p>
+<p>DIVORCE: Absolute for adultery only.</p>
+<p>Limited for cruelty, conduct rendering cohabitation
+unsafe or improper, desertion, neglect to
+provide.</p>
+<p>Court refuses to allow party guilty of adultery
+to marry again, but may modify this after five
+years if conduct of defendant has been uniformly
+good. Adultery is now a crime in New York.</p>
+<p>LABOUR LAWS: No child under 16 may take part
+in any acrobatic, mendicant, theatrical, wandering,
+dangerous, or immoral occupation. Children
+<a name="Page_215"></a>must attend school between 8 and 16. No child
+under 14 may be employed in any occupation
+during school term. Eight hours a day's work.
+Seats must be provided for female employees.
+No child under 14 may work in a factory. Female
+labour is confined between 6 A.M. and 9 P.M., and
+must not exceed 10 hours. No girl under 16
+shall sell papers or periodicals in any public place.
+Female employment agencies may not send applicant
+to any place of bad repute.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Tax-paying women
+in towns and villages may vote on questions of
+local taxation. Parents and widows with children
+have school suffrage in towns and villages. Women
+may be notaries public. 511 women in
+ministry, 108 dentists, 365 journalists, 124 lawyers,
+103 commercial travellers, 925 doctors, 49 professors,
+348 saloon keepers, 81 bankers, 84 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>North Carolina</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p>POPULATION: Male 938,677; female 955,133.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Dower and curtesy prevail. Wife controls
+separate property. Wife is not bound by a
+contract unless husband joins in writing. In
+actions against her he must be served with
+the suit. Wife cannot be sole trader without
+<a name="Page_216"></a>husband's written consent. Husband is legal
+guardian of children, and must provide.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+pregnancy of wife at time of marriage unknown to
+husband.</p>
+<p>Limited for desertion, turning partner maliciously
+out of doors, cruel treatment endangering
+life, intolerable indignities, habitual drunkenness.</p>
+<p>Wife has an action for separate maintenance
+if husband neglects to provide or is a drunkard
+or spendthrift.</p>
+<p>LABOUR LAWS: No Sunday labour. No child
+under 12 may be employed in factory, except
+oyster canning concerns which pay for opening
+oysters by the bushel. No person under 18 shall
+be required to labour more than 66 hours per
+week. No child under 12 shall work in a mine.
+No boy or girl under 14 shall work in a factory
+between 8 P.M. and 5 A.M.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+cannot be notaries public. 25 women in
+ministry, 6 journalists, 22 doctors, 2 professors,
+2 saloon keepers, 3 bankers, 4 commercial travellers,
+6 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>North Dakota</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 177,493; female 141,653.</p>
+<p>HUSBAND AND WIFE: Wife controls own earn<a name="Page_217"></a>ings
+and separate property absolutely. Dower
+and curtesy do not prevail; if husband or wife dies
+intestate, survivor takes one half of the estate, if
+there is only one child living or the lawful issue
+of one child; if there are more, survivor gets one
+third. If husband is unable to support family,
+wife must maintain him and the children. Husband
+is guardian of children.</p>
+<p>DIVORCE: Absolute for adultery, extreme cruelty,
+wilful desertion for one year, wilful neglect
+for one year, habitual intemperance for one
+year, conviction of felony.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: Children under 12 may not
+work in mines, factories, or workshops. Children
+must go to school between 8 and 14, unless they
+have already been taught adequately and poverty
+compels them to work. No Sunday labour. No
+woman under 18 shall labour more then ten hours
+per day.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage and are eligible to all school offices. They
+may be notaries public. 15 women in ministry,
+5 dentists, 2 journalists, 6 lawyers, 15 doctors,
+1 professor, 1 commercial traveller, 4 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Ohio</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 2,102,655; female 2,054,890.</p>
+<p><a name="Page_218"></a>HUSBAND AND WIFE: Husband controls wife's
+earnings, but wife controls separate property.
+Either husband or wife on the death of the other
+is entitled to one third of the real estate for life.
+Husband is legal guardian of children, and must
+provide; but if he is unable, wife must assist.</p>
+<p>DIVORCE: Absolute for bigamy, desertion for
+three years, adultery, impotence, extreme cruelty,
+fraudulent contract, any gross neglect of duty,
+habitual drunkenness for three years, imprisonment
+in penitentiary, procurement of divorce in
+another State. No limited divorce; but wife has
+an action for alimony without divorce for adultery,
+any gross neglect of duty, desertion, separation
+on account of ill treatment by husband,
+habitual drunkenness, sentence and imprisonment
+in penitentiary.</p>
+<p>LABOUR LAWS: No child under 14 may work in
+a mine. Children must go to school between 8
+and 14. Seats and suitable toilet rooms must be
+provided for female employees. No child under
+14 may be employed in any establishment or
+take part in any acrobatic, mendicant, dangerous,
+or immoral vocation. Hours for girls under 18
+confined between 6 A.M. and 7 P.M., nor may they
+work more than ten hours per day. No Sunday
+labour. No labour agency shall send any female to
+an immoral resort.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women may vote
+for members of boards of education, but not for
+<a name="Page_219"></a>State commissioner nor on bonds and
+appropriations.
+They cannot be notaries. 206 women in
+ministry, 40 dentists, 151 journalists, 66 lawyers,
+451 doctors, 26 professors, 337 saloon keepers,
+15 bankers, 62 commercial travellers, 31 carpenters,
+etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Oklahoma</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 214,359; female 182,972.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and separate property absolutely. If husband
+or wife dies intestate, leaving one child or
+lawful issue of child, survivor receives one third of
+the estate; otherwise one half. If there are no
+kin, survivor takes all. Husband is guardian of
+children, and is expected to provide; but law assigns
+no penalty if he does not.</p>
+<p>DIVORCE: Absolute for bigamy, desertion for
+one year, impotence, pregnancy of wife at time
+of marriage by other than husband, extreme
+cruelty, fraudulent contract, habitual drunkenness,
+gross neglect of duty, conviction and imprisonment
+for felony after marriage.</p>
+<p>Wife may have an action for separate maintenance
+for any of these causes without applying
+for divorce.</p>
+<p>LABOUR LAWS: No children under 15 may be
+employed in any occupation injurious to body or
+morals. No Sunday labour. Ten hours per day
+legal labour for children under 14.</p>
+<p><a name="Page_220"></a>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women may vote
+for school trustees. They may be notaries
+public. 29 women in ministry, 1 dentist, 5
+journalists, 5 lawyers, 26 doctors, 1 professor, 4
+commercial travellers, 3 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Oregon</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 232,985; female 183,972.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+By registering as a sole trader, she can
+carry on business in her own name. Civil disabilities
+are same for husband and wife except as to
+voting and holding office. If husband or wife
+dies intestate, and there are no descendants living,
+survivor takes whole estate. If there is issue
+living, the widow receives one half of husband's
+real estate and one half of his personal property.
+The widower takes a life interest in all the wife's
+real estate, whether there are children or not
+and all her personal property absolutely if there
+are no descendants living; otherwise one half.
+Husband and wife are equal guardians of children.
+Husband must provide.</p>
+<p>DIVORCE: Absolute for impotency, adultery,
+conviction for felony, habitual drunkenness for
+one year, wilful desertion for one year, cruel treatment
+or indignities making life burdensome.</p>
+<p>No limited divorce. Annulment if either party
+is one fourth negro or Mongolian blood.</p>
+<p><a name="Page_221"></a>LABOUR LAWS: No Sunday labour. No child
+under 14 shall work in factory, mill, mine, telegraph,
+telephone, or public messenger service;
+and no child under 14 shall be employed at all
+during school session. Attendance at school compulsory
+between 8 and 14. Hours of work for
+children under 16 to be confined between 7 A.M.
+and 6 P.M. Seats must be provided for female
+employees. Ten hours a day the legal limit for
+female labour.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women having
+property in school districts have school suffrage
+and may be elected school trustees. They may
+be notaries. 40 women in ministry, 15 dentists,
+17 journalists, 8 lawyers, 82 doctors, 7 professors,
+5 saloon keepers, 10 bankers, 18 commercial travellers,
+7 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Pennsylvania</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 3,204,541; female 3,097,574.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+Dower and curtesy prevail. Wife cannot
+mortgage separate estate without husband's consent;
+cannot sue or be sued or contract without
+his consent; and in order to carry on business in
+her own name must secure special permission
+from the court. Husband is legal guardian of
+children, and must provide.</p>
+<p>DIVORCE: Absolute for impotence, bigamy,
+<a name="Page_222"></a>adultery, desertion for two years, cruelty or
+intolerable
+indignities, marriage within prohibited degrees
+of consanguinity or affinity, fraud, conviction for
+felony for more than two years, lunacy for ten
+years.</p>
+<p>Limited divorce for desertion, turning wife
+out of doors, cruelty, adultery.</p>
+<p>LABOUR LAWS: Seats must be provided for
+female employees. Employment of females in
+mines forbidden. Children under 18 may not
+engage in any mendicant occupations; those
+under 15 may not exhibit in any place where
+liquor is sold nor take part in any acrobatic or immoral
+vocation. Sunday labour forbidden. No
+female may work in bakery or macaroni or other
+establishment more than twelve hours per day.
+Children must go to school between 8 and 16.
+No child under 16 may work in any anthracite
+coal mine. No child under 14 shall be employed
+in any establishment. One hour must be allowed
+for lunch. No employment bureau shall send
+any female to an immoral resort.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. 290
+women in ministry, 73 dentists, 125 journalists,
+73 lawyers, 601 doctors, 38 professors, 183 saloon
+keepers, 17 bankers, 44 commercial travellers, 40
+carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Rhode Island</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 210,516; female 218,040.</p>
+<p><a name="Page_223"></a>HUSBAND AND WIFE: Wife controls own earnings
+and separate estate, subject to husband's
+right to curtesy. Curtesy and dower both prevail.
+Husband is legal guardian of children and
+must provide.</p>
+<p>DIVORCE: Absolute or limited for marriages
+originally void by law, conviction for crime involving
+loss of civil status, when either party
+may be presumed to be naturally dead from absence,
+etc., impotence, adultery, desertion for any
+time at discretion of court, continued drunkenness,
+neglect to provide, any gross misbehaviour.</p>
+<p>LABOUR LAWS: No child under 13 may be employed
+except during vacation. No child under
+15 may be employed unless he or she has school
+certificate. No child under 14 to work in factory.
+Hours of labour for children under 16 confined between
+6 A.M. and 8 P.M. Seats must be provided
+for all female employees. No child under 16 shall
+be employed in any acrobatic, mendicant, dangerous,
+or immoral occupation. Hours for female
+labour confined to ten. Sunday labour forbidden.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. 24
+women in ministry, 5 dentists, 7 journalists, 3
+lawyers, 56 doctors, 2 saloon keepers, 5 commercial
+travellers, 6 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>South Carolina</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p>POPULATION: Male 664,895; female 675,421.</p>
+<p><a name="Page_224"></a>HUSBAND AND WIFE: Wife controls own earnings
+and separate estate absolutely. Dower prevails,
+but not curtesy. Husband is legal guardian
+of children, and is required to provide, but law as
+it stands offers many loopholes.</p>
+<p>DIVORCE: There are no divorce laws in South
+Carolina.</p>
+<p>LABOUR LAWS: Seats must be provided for
+female employees. Sunday labour forbidden. No
+child under 12 to work in factory, mill, or textile
+establishment, except in cases of extreme poverty
+duly attested; all such labour to be confined between
+6 A.M. and 8 P.M.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+cannot be notaries. 17 women in ministry,
+1 dentist, 6 journalists, 3 lawyers, 17 doctors, 13
+professors, 3 saloon keepers, 2 commercial travellers,
+13 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>South Dakota</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Male 216,164; female 185,406.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and controls separate estate. Joint real
+estate can be conveyed only by signature of both
+husband and wife, but husband can dispose of
+joint personal property without wife's consent.
+In order to control her separate property, wife
+must keep it recorded in the office of the county
+<a name="Page_225"></a>register. No dower and no curtesy. Survivor
+gets one half of estate, if there is one child or
+issue of child; otherwise one third; unless there
+are neither children nor kin, when survivor takes
+all. On the death of an unmarried child, father
+inherits all its property. If he is dead and there
+are no other children, mother succeeds; but if
+there are brothers and sisters, she inherits a child's
+share. Husband is guardian and must support;
+but if he is infirm, wife must do so.</p>
+<p>DIVORCE: Absolute for adultery, extreme
+cruelty, wilful desertion or neglect or habitual
+intemperance for one year, conviction of
+felony.</p>
+<p>No limited divorce.</p>
+<p>Party guilty of adultery cannot marry any
+other, except the innocent party, until death of
+latter.</p>
+<p>LABOUR LAWS: Sunday labour forbidden. No
+woman under 18 may labour more than ten hours
+a day. No child under 15 may work in mine,
+hotel, laundry, factory, elevator, bowling alley,
+or any place where liquor is sold. No child
+under 15 shall be employed at all while schools are
+in session.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women can vote
+for school trustees. They may be notaries. 29
+women in ministry, 3 dentists, 4 journalists, 12
+lawyers, 24 doctors, 7 professors, 3 saloon keepers,
+3 commercial travellers, etc.</p>
+<a name="Page_226"></a><br>
+<p style="font-weight: bold;"><i>Tennessee</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 1,021,224; female 999,392.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings, and wife can do nothing with her separate
+estate without his consent. Dower and curtesy
+prevail. Husband has right to all rents and profits
+of wife's estate. No law requires husband to
+provide. Husband is guardian of children.</p>
+<p>DIVORCE: Absolute for impotence, bigamy,
+adultery, desertion for two years, conviction for
+felony, attempted murder, pregnancy of woman
+at time of marriage without knowledge of husband,
+habitual drunkenness.</p>
+<p>Limited for wife only for cruel treatment by
+husband or intolerable indignities, and desertion
+or refusal to provide.</p>
+<p>Party guilty of adultery cannot marry person
+with whom adultery has been committed during
+life of former partner.</p>
+<p>LABOUR LAWS: No Sunday labour. No child
+under 14 may be employed in factory, workshop,
+or mine. Seats must be provided for female
+employees. Hours for labour of women confined
+to 60 per week.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. 30
+women in ministry, 1 dentist, 19 journalists, 14
+lawyers, 48 doctors, 9 professors, 6 saloon keepers, 4
+bankers, 16 commercial travellers, 6 carpenters, etc.</p>
+<a name="Page_227"></a><br>
+<p style="font-weight: bold;"><i>Texas</i></p>
+<p>AGE OF LEGAL CONSENT: 15.</p>
+<p>POPULATION: Male 1,578,900; female 1,469,810.</p>
+<p>HUSBAND AND WIFE: Husband controls wife's
+earnings and wife can do nothing with her separate
+property without his consent. No dower or curtesy.
+Husband and wife succeed equally to each other's
+estate. Husband is guardian of children and may
+be required to provide out of his wife's estate.</p>
+<p>DIVORCE: Absolute for excesses or outrages;
+in favour of husband when wife is taken in adultery
+or has deserted him for three years; in favour of
+wife, if husband has deserted her for three years
+or has abandoned her and lives in adultery with
+another woman. In favour of either husband or
+wife on conviction for felony.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: No Sunday labour. No child
+under 12 may be employed in any establishment
+using machinery. No females shall be employed
+in any place where liquor is sold except immediate
+members of owner's family.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+can be notaries. 50 women in ministry,
+12 dentists, 51 journalists, 17 lawyers, 100 doctors,
+3 professors, 26 saloon keepers, 18 bankers, 29
+commercial travellers, 12 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Utah</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p><a name="Page_228"></a>POPULATION: Male 141,687; female 135,062.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings.
+No dower or curtesy. Husband and wife
+succeed equally to each other's estate at death.
+Woman controls separate estate absolutely.
+Husband is legal guardian of children. There is
+no penalty for non-support.</p>
+<p>DIVORCE: Absolute for impotence, adultery, desertion
+for one year, neglect to provide, habitual
+drunkenness, conviction of felony, cruel treatment
+causing bodily injury or mental distress, permanent
+insanity.</p>
+<p>No limited divorce; but wife has an action for
+separate maintenance in case of desertion or
+neglect to provide on part of husband.</p>
+<p>LABOUR LAWS: No females may work in mines.
+No Sunday labour.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Full suffrage; therefore
+all offices are open to women. 20 women
+in ministry, 5 dentists, 7 journalists, 1 lawyer,
+34 doctors, 2 saloon keepers, 1 banker, 3 commercial
+travellers, 1 carpenter, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Vermont</i></p>
+<p>AGE OF LEGAL CONSENT: 16.</p>
+<p>POPULATION: Males 175,138; females 168,503.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and controls separate property. No dower
+or curtesy. Husband and wife have same powers
+<a name="Page_229"></a>of mutual inheritance, except that widower does
+not take his wife's personal property. Husband
+is guardian of children and must support.</p>
+<p>DIVORCE: Absolute or limited for adultery,
+sentence to hard labour, intolerable severity, desertion
+for three years, neglect to provide, absence
+for seven years without being heard from.</p>
+<p>LABOUR LAWS: No child under 16 to be employed
+after 8 P.M. No child under 12 may
+work in mill, factory, railroad, quarry, or messenger
+service. No female shall be employed in
+barrooms. No Sunday labour.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage. They may be notaries. 17 women in
+ministry, 3 dentists, 15 journalists, 21 doctors,
+1 professor, 2 saloon keepers, 11 commercial
+travellers, 3 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Virginia</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p>POPULATION: Male 925,897; female 928,287.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and separate property absolutely. Dower
+and curtesy prevail. Husband is guardian of
+children and must support.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+sentence to penitentiary, conviction of an infamous
+offence prior to marriage without knowledge
+of other party, desertion for three years,
+<a name="Page_230"></a>pregnancy of wife at time of marriage or
+previous
+prostitution without knowledge of husband.</p>
+<p>Limited for cruelty, reasonable apprehension of
+bodily hurt, desertion.</p>
+<p>LABOUR LAWS: Seats must be provided for
+female employees. Hours of female labour confined
+to ten. No child under 12 may work in
+factory or mine; no child under 14 shall work between
+6 P.M. and 7 A.M. No child under 14 shall
+be hired for any mendicant, acrobatic, dangerous,
+or immoral occupation. No Sunday labour.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL,
+AND PROFESSIONAL STATUS: No suffrage. 37
+women in ministry, 1 dentist, 12 journalists, 7
+lawyers, 32 doctors, 20 professors, 19 saloon
+keepers, 13 commercial travellers, 9 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Washington</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 304,178; female 213,925.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and controls separate estate; but control of
+community property is vested absolutely in the
+husband; this includes everything acquired after
+marriage by the joint or separate efforts of either.
+Husband and wife have equal rights of inheritance
+to one another's estate; but are not equal
+guardians of the children, as husband can exclude
+wife by will. Support of the family is
+chargeable upon the property of both husband or
+wife, or either of them. No dower or curtesy.</p>
+<p><a name="Page_231"></a>DIVORCE: Absolute for any cause deemed by
+court sufficient, when court is satisfied that parties
+can no longer live together, fraudulent contract,
+adultery, impotence, desertion for one year,
+cruel treatment, habitual drunkenness, neglect
+to provide, imprisonment.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: No female may be employed in
+a mine. Every profession and occupation open
+to women, but they may not hold public office.
+No Sunday labour. Females shall not be employed
+in any place where liquor is sold. Seats must be
+provided for female employees. Hours limited to
+ten. No child under 14 shall labour in factory,
+mill, or workshop except at discretion of juvenile
+judge. Children must go to school between 8
+and 15.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+and bond suffrage, but cannot vote for State
+or county superintendents. 38 women in ministry,
+7 dentists, 13 journalists, 13 lawyers, 62
+doctors, 3 professors, 8 saloon keepers, 1 banker,
+8 commercial travellers, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>West Virginia</i></p>
+<p>AGE OF LEGAL CONSENT: 14.</p>
+<p>POPULATION: Male 499,242; female 459,558.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings,
+but cannot sell or encumber her separate
+<a name="Page_232"></a>property without husband's consent. Husband is
+legal guardian and must provide. Dower and
+curtesy prevail.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+imprisonment in penitentiary, conviction of an
+infamous offence before marriage, desertion for
+three years, pregnancy of wife at time of marriage
+or prostitution before without knowledge of husband,
+in favour of wife when husband was notoriously
+a licentious person before marriage without
+her knowledge.</p>
+<p>Limited for cruelty, reasonable apprehension of
+bodily hurt, desertion, habitual drunkenness.</p>
+<p>LABOUR LAWS: No Sunday labour. No child
+under 12 may work in factory or mill and no child
+under 14 shall be employed during school session.
+No child under 15 may be employed in any
+mendicant, acrobatic, immoral, or dangerous occupation,
+nor in any place where liquor is sold.
+Seats must be provided for female employees.
+No female may work in mine.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: No suffrage. Women
+cannot be notaries. 26 women in ministry,
+4 dentists, 4 journalists, 4 lawyers, 18 doctors, 4
+professors, 9 saloon keepers, 2 bankers, 3 commercial
+travellers, 2 carpenters, etc.</p>
+<br>
+<p style="font-weight: bold;"><i>Wisconsin</i></p>
+<p>AGE OF LEGAL CONSENT: 18.</p>
+<p>POPULATION: Male 1,067,562; female 1,001,480.</p>
+<p><a name="Page_233"></a>HUSBAND AND WIFE: Wife controls own earnings.
+Assignment of wages of husband must
+have wife's written consent. Wife controls separate
+property absolutely. Dower and curtesy
+prevail. Husband is guardian of children and
+must provide.</p>
+<p>DIVORCE: Absolute for impotence, adultery,
+sentence to imprisonment for three years prior to
+marriage. Limited or absolute for desertion for
+one year, cruelty, habitual drunkenness, neglect
+to provide, conduct of husband rendering it improper
+or unsafe for wife to live with him.</p>
+<p>LABOUR LAWS: Female labour confined to eight
+hours per day. No child under 14 may work in
+factory, workshop, bowling alley, or mine. Children
+between 14 and 16 must get permission from
+juvenile judge. No child under 16 shall be employed
+on dangerous machinery. None under
+14 shall take part in theatrical or circus exhibition
+as musician unless accompanied on tours
+by parent or guardian. Authorities shall in all
+cases determine whether occupation is dangerous
+or immoral for children under 14. No Sunday
+labour.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Women have school
+suffrage. They may be notaries. 65 women in
+ministry, 24 dentists, 32 journalists, 23 lawyers,
+154 doctors, 12 professors, 143 saloon
+keepers, 2 bankers, 27 commercial travellers, 9
+carpenters, etc.</p>
+<a name="Page_234"></a><br>
+<p style="font-weight: bold;"><i>Wyoming</i></p>
+<p>AGE OF LEGAL CONSENT: 21.</p>
+<p>POPULATION: Male 58,184; female 34,347.</p>
+<p>HUSBAND AND WIFE: Wife controls own earnings
+and separate property absolutely. Neither
+dower nor curtesy prevail. Husband and wife
+have same rights of mutual inheritance. Husband
+is legal guardian of children, but there is no
+penalty if he does not provide.</p>
+<p>DIVORCE: Absolute for adultery, impotence,
+conviction for felony, desertion for one year,
+habitual drunkenness, extreme cruelty, neglect
+to provide for one year, intolerable indignities,
+vagrancy of husband, conviction of felony prior
+to marriage unknown to other party, pregnancy
+of wife at time of marriage unknown to husband.</p>
+<p>No limited divorce.</p>
+<p>LABOUR LAWS: No female shall work in mine.
+Acrobatic, mendicant, dangerous, or immoral
+occupations forbidden to children under 14. No
+Sunday labour. Seats must be provided for female
+employees.</p>
+<p>SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL
+AND PROFESSIONAL STATUS: Full suffrage. Women
+are eligible for all offices. 2 women in
+ministry, 2 journalists, 12 doctors, 1 professor,
+no saloon keepers, lawyers, or dentists, 2 carpenters,
+etc.</p>
+<br>
+<p>In studying these tables, it should be remembered
+that new laws are being made constantly;
+<a name="Page_235"></a>and that the census of 1910 will give figures
+which
+as soon as they appear must supersede those of
+1900.</p>
+<br>
+<h4 style="text-align: left;">SOURCES:</h4>
+<p>I. The Statutes of the Several States, from earliest times to
+the present day. Published by Authority.</p>
+<p>II. All newspapers and periodicals.</p>
+<p>III. The Census Reports, especially the various separate reports
+such as that on "Marriage and Divorce"; and the Reports
+of the Commissioner of Labour.</p>
+<p>IV. The History of Woman Suffrage: edited by Elizabeth
+Cady Stanton, Susan B. Anthony, Matilda Joslyn Gage, and
+Ida Husted Harper, 4 vols. [First two published by Fowler and
+Wells, New York, 1881 and 1882; last two by Susan B. Anthony,
+Rochester, 1887 and 1902.]</p>
+<p>V. The Encyclopedia of Social Reforms: edited by William
+D.P. Bliss, with the Co-operation of many Specialists. Funk
+and Wagnalls, New York and London, 1898.</p>
+<br>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_410"></a><a href="#FNanchor_410">[410]</a>
+<div class="note">
+<p> See, for example, the account in the <i>New York Tribune</i>,
+Sept. 8, 9, and 12, 1853, of what happened at the Women's
+Rights Convention at that time.</p>
+</div>
+<a name="Footnote_411"></a><a href="#FNanchor_411">[411]</a>
+<div class="note">
+<p> In 1900 there were 7399 female physicians and surgeons in
+the United States, and 808 female dentists.</p>
+</div>
+<a name="Footnote_412"></a><a href="#FNanchor_412">[412]</a>
+<div class="note">
+<p> In 1900 there were 1049 women lawyers in the United
+States. The above statements are from Bliss, <i>Encyc</i>., p. 1291.</p>
+</div>
+<a name="Footnote_413"></a><a href="#FNanchor_413">[413]</a>
+<div class="note">
+<p> In 1900 there were 3405 women clergy in the United States.</p>
+</div>
+<a name="Footnote_414"></a><a href="#FNanchor_414">[414]</a>
+<div class="note">
+<p> In 1900 there were 2193 women journalists in the United
+States. This does not, of course, include women reporters
+and the like.</p>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_IX"></a>
+<h2><a name="Page_236"></a>CHAPTER IX</h2>
+<h2>GENERAL CONSIDERATIONS</h2>
+<p>It is twenty-three centuries since Plato gave to
+the world his magnificent treatise on the
+State. The dream of the Greek philosopher of
+equal rights for all intelligent citizens, among
+whom he includes women, has in large part been
+realised; but much is yet wanting to bring society
+to the standard of the Ideal Republic. In not a
+few States of the world the conditions affecting
+property rights are inequitable; in all but very
+few States woman is still barred from the field of
+politics and from the legitimate rights of citizenship;
+and the day seems far distant when the
+States possessing a representative government will
+be prepared to accept the woman citizen as eligible
+for administrative positions.</p>
+<p>It will, therefore, be my purpose in this chapter
+first to consider five of the most serious objections
+to the granting of equal suffrage, that is to
+say, to the concession to women of full citizens'
+rights under the law. It will be found that these
+objections are based on a presumed inferiority of
+women to men in various respects. I shall give
+consideration next in order to the question of the
+<a name="Page_237"></a>inferiority or superiority of one sex over the
+other.
+In view, furthermore, of the new ferment in
+thought in modern society, it will be useful to
+analyse certain habits of mind and to indicate the
+necessity for a readjustment of old beliefs in
+the light of recent evolution. I shall conclude
+my history with a suggestion for definite reforms
+which, I believe, must be brought about, whether
+equal suffrage is granted or not, before women can
+attain their maximum of efficiency.</p>
+<p>The opposition to the granting of equal suffrage
+is, as I have said, based mainly upon five
+classes of contentions:</p>
+<br>
+<table summary="" border="0" style="width: 100%;" cellpadding="2" cellspacing="2">
+  <tbody>
+    <tr>
+      <td style="text-align: right; width: 10%;"><span
+ style="margin-left: 1em;">I.</span></td>
+      <td> The theological.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right; width: 10%;"><span
+ style="margin-left: 0.5em;">II.</span></td>
+      <td> The physiological.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right; width: 10%;">III.</td>
+      <td> The social or political.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right; width: 10%;"><span
+ style="margin-left: 0.5em;">IV.</span></td>
+      <td> The intellectual.</td>
+    </tr>
+    <tr>
+      <td style="text-align: right; width: 10%;"><span
+ style="margin-left: 1em;">V.</span></td>
+      <td> The moral.</td>
+    </tr>
+  </tbody>
+</table>
+<p>A consideration and an analysis of these five
+classes of objections will constitute a summary of
+the relations of woman to the community, and
+may also serve as a guide or suggestion to the
+possibility of a legitimate development, in the
+near future, of her rights as a citizen.</p>
+<p><span style="font-weight: bold;">I.</span> The theological argument
+is based upon
+the distinctly evil conception of woman, presented
+in <i>Genesis</i>, as the cause of misery in this world
+and upon the subordinate position assigned to her
+by Paul and Peter. Christ himself has left us
+no teachings on the subject. The Hebrew and
+Oriental creed of woman's sphere permeated the
+<a name="Page_238"></a>West as Christianity expanded and forced to
+extinction the Roman principle of equality. Only
+within fifty years, has the female sex regained the
+rights enjoyed by women under the law of the
+Empire seventeen centuries ago. The Apostolic
+theory of complete subordination gained strength
+with each succeeding age. I have already cited
+instances of ecclesiastical vehemence. As a final
+example I may recall that when, early in the
+nineteenth century, chloroform was first used
+to help women in childbirth, a number of Protestant
+divines denounced the practice as a sin
+against the Creator, who had expressly commanded
+that woman should bring forth in sorrow
+and tribulation. Yet times have so far changed
+within two decades that the theological argument
+is practically obsolete among Protestants, although
+it is still influential in the Roman Catholic
+Church, which holds fast to the doctrine laid
+down by the Apostles. We may say, however,
+that of all the objections, the theological has, in
+practice, the least weight among the bulk of the
+population. The word <i>obey</i> in the clerical formula
+<i>love, honour, and obey</i> provokes a smile.</p>
+<p><span style="font-weight: bold;">II.</span> The physiological
+argument is more powerful.
+Its supporters assert that the constitution
+of woman is too delicate, too finely wrought to
+compete with man in his chosen fields. The
+physiological argument makes its appearance most
+persistently in the statement that woman should
+have no vote because she could not defend her
+<a name="Page_239"></a>property or her country in time of war. In reply
+to this some partisans of equal suffrage have
+thought it necessary to prove that women are
+physically equal in all respects to men. But the
+issues between nations which in the centuries
+past it had been believed could be adjusted only
+by war, by being fought out (not, of course,
+to any logical conclusion, but to a result which
+showed simply that one party was stronger than
+the other), are now, in the great majority of cases,
+determined by the more reasonable, the more
+civilised, method of arbitration.</p>
+<p>As a matter of fact, the cause of woman's rights
+will suffer no harm by a frank admission that
+women are not, in general, the peers of men in
+brute force. The very nature of the female sex,
+subjected, as it is, to functional strains from which
+the male is free, is sufficient to invalidate such a
+claim. A refutation of the physiological objection
+to equal suffrage is, however, not hard to
+find. Even in war, as it is practised to-day,
+physical force is of little significance compared
+with strategy which is a product of the intellect.
+In a naval battle for instance, ships no longer engage
+at close range, where it is possible for the crew
+of one to board the opposing ship and engage in
+hand to hand conflict with the enemy; machinery
+turns the guns and even loads them; the whole
+fight is simply a contest between trained gunners,
+who must depend for success on cool mathematical
+computation.</p>
+<p><a name="Page_240"></a>Nevertheless, it is true that under stress or
+the
+need of making a livelihood women in many instances
+do show physical endurance equal to that
+of men. Women who are expert ballet dancers
+and those who are skilled acrobats can hardly
+be termed physiological weaklings. In Berlin,
+you may see women staggering along with huge
+loads on their backs; in Munich, women are street-cleaners
+and hod-carriers; on the island of Capri,
+the trunk of the tourist is lifted by two men onto
+the shoulder of a woman, who carries it up the
+steep road to the village. In this country many
+women are forced to do hard bodily labour ten
+hours a day in sweat-shops. In all countries
+and in all ages there have been examples of women
+who, disguised as men, have fought side by
+side with the male and with equal efficiency. The
+case of Joan of Arc will at once occur to the
+reader; and those who are curious about this
+subject may, by consulting the records of our
+Civil War, find exciting material in the story of
+"Belle Boyd," "Frank Miller," and "Major
+Cushman."<a name="FNanchor_415"></a><a href="#Footnote_415"><sup>[415]</sup></a></p>
+<p>Doubtless women are stronger physically than
+they were a half-century ago, when it was considered
+unladylike to exercise. If you will read
+the novels of that time, you will find that the
+heroine faints on the slightest provocation or
+weeps copiously, like Amelia in <i>Vanity Fair</i>,
+<a name="Page_241"></a>whenever the situation demands a grain of
+will-power
+or of common-sense. But to-day women
+seldom faint or weep in literature; they play tennis
+or row. When, in 1844, Pauline Wright Davis
+lectured on physiology before women in America
+and displayed the manikin, some of her auditors
+dropped their veils, some ran from the room, and
+some actually became unconscious, because their
+sense of delicacy was put to so sharp a test.</p>
+<p>It should be borne in mind, in connection with
+the contention that the privileges of a citizen
+ought to be accorded only to those persons who
+are physically capable of helping to defend the
+community by force, that no such principle is applied
+in fixing the existing qualifications for male
+citizenship. A large number of the voters of
+every community are, on the ground either of
+advanced years or of invalidism, physically disqualified
+for service as soldiers, sailors, or policemen.
+This group of citizens includes a very large
+proportion of the thinking power of the community.
+No intelligently directed state would,
+however, be prepared to deprive itself of the counsels,
+of the active political co-operation, and of the
+service from time to time in the responsibility of
+office, of men of the type of Gladstone (at the age
+of seventy-five), of John Stuart Mill (always a
+physical weakling), of Washington (serving as
+President after he was sixty), on the ground that
+these citizens were no longer capable of carrying
+muskets in the ranks.</p>
+<p><a name="Page_242"></a>Any classification of citizens, any
+privileges
+extended to voters, ought, of course, to be arrived
+at on a consistent and impartial principle.</p>
+<p>Further, under the conditions obtaining in
+this twentieth century, governments, whether of
+nations, of states, or of cities, are carried on not
+by force but by opinion. In the earlier history
+of mankind, each family was called upon to maintain
+its existence by physical force. The families
+the members of which (female as well as male)
+were not strong enough to fight for their existence
+were crushed out. Par into the later centuries,
+issues between individuals were adjusted by the
+decision of arms. Up to within a very recent
+date, it may be admitted that issues between
+nations could be settled only by war. It is, however,
+at this time the accepted principle of representative
+government in all communities that
+matters of policy are determined by the expression
+of opinion, that is by means of the votes given by
+the majority of its citizens. It is by intelligence
+and not by brute force that the world is now being
+ruled, and with the growth of intelligence and a
+better understanding of the principles of government,
+it is in order not only on the grounds of
+justice but for the best interests of the state to
+widen the foundations of representative government,
+so as to make available for voting and for
+official responsibilities all the intelligence that is
+comprised within the community. This is in my
+judgment the most conclusive reply to the objec<a name="Page_243"></a>tion
+that the physical weakness of woman unfits
+her for citizenship.</p>
+<p><span style="font-weight: bold;">III.</span> According to the social
+or political argument,
+if woman is given equal rights with man,
+the basis of family life, and hence the foundation
+of the state itself, is undermined, as a house
+divided against itself cannot stand. It is said
+that <span style="font-weight: bold;">(1) </span>there must be some
+one authority in a
+household and that this should be the man; <span
+ style="font-weight: bold;">(2)
+</span>woman will neglect the home if she is left free to
+enter politics or a profession; <span style="font-weight: bold;">(3)</span>
+politics will
+degrade her; <span style="font-weight: bold;">(4)</span> when
+independent and self-asserting
+she will lose her influence over man;
+and <span style="font-weight: bold;">(5) </span>most women do not
+want to vote or to
+enter politics.</p>
+<p>It is astonishing with what vehemence men will
+base arguments on pure theory and speculation,
+while they wilfully close their eyes to any facts
+which may contradict their assumptions. It is
+inconceivable to a certain type of mind that a
+husband and wife can differ on political questions
+and may yet maintain an even harmony, while
+their love abates not one whit. In the four States
+where women vote&#8212;Wyoming, Colorado, Utah,
+and Idaho&#8212;there is no more divorce than in
+other States; and any one who has travelled in
+these communities can attest that no domestic
+unhappiness results from the suffrage. Nor does
+it in New Zealand.</p>
+<p>It is said that there must be some one supreme
+authority; but this depends on the view taken of
+<a name="Page_244"></a>marriage. Under the old Common Law, the
+personality of the wife was merged completely
+in that of her husband; marriage was an absolute
+despotism. Under the Canon Law, woman is
+man's obedient and unquestioning subject; marriage
+is a benevolent despotism. To-day people
+are more inclined to look upon matrimony as a
+partnership of equal duties, rights, and privileges.</p>
+<p>Sophocles argued in one of his tragedies that
+children belong entirely to the father, that the
+mother can assert no valid claim for anything.
+Lawyers have found this logic excellent; and the
+records are full of instances of children being
+taken from a hard-working mother in order to be
+handed over to a drunken father who wants their
+wages for his support. It is no longer so in most
+states. Civilisation has advanced so far, that the
+pains of bringing forth and raising children are
+acknowledged to give the mother a right almost
+equal to that of the father to determine all that
+concerns the child. There is some reason, therefore,
+for believing that she should have a voice
+also in passing upon laws which may make or
+undo for ever the welfare of the boys and girls for
+whom she struggles during the years that they
+are growing to manhood and womanhood. Men
+are for the greater part so engrossed in business
+that on certain questions they are far less competent
+to be "authorities" than women. Against
+stupid pedagogy, against red-tape, against the
+policy that morality must never interfere with
+<a name="Page_245"></a>business principles, against civic dirtiness,
+against
+brothel and saloon, women are more active than
+men, because they see more clearly how vitally
+the interests of their children are affected by these
+evil conditions. Wherever women vote, these
+questions are to the fore.</p>
+<p>Closely connected with the "one authority"
+argument is the old contention, so often resorted
+to and relied upon, that women, if they are permitted
+to vote, will neglect the home, and that,
+if the professions are opened to them, they will
+find these too absorbingly attractive. Much
+weight should, however, be given to the great
+power of the domestic instinct implanted in the
+nature of woman. In the States where women
+vote and are eligible for political offices, there
+are fewer unmarried women in proportion to the
+population than in States where they have no such
+rights. The great leaders of the woman suffrage
+movement from Mrs. Stanton to Mrs. Snowden
+have in their home circle led lives as beautiful
+and have raised families as large and as well
+equipped morally and intellectually as those who
+are content to sit by the fire and spin.</p>
+<p>Thus far I have argued from the orthodox view,
+that matrimony ought to be the goal of every
+woman's ambition. But if a woman wishes to
+remain single and devote herself exclusively to
+the realisation of some ideal, it is hard to see
+why she should not. Men who take this course
+are eulogised for their noble self-sacrifice in
+<a name="Page_246"></a>immolating themselves for the advancement of
+the cause of civilisation; women who do precisely
+the same thing are sometimes unthinkingly spoken
+of in terms of contempt or with that complacent
+pity which is far worse. It is difficult for us to
+realise adequately what talented women like
+Rosa Bonheur had to undergo because of this
+curious attitude of humanity.</p>
+<p>"The home is woman's sphere." This shibboleth
+is the logical result of the attitude mentioned.
+Doubtless, the home is woman's sphere;
+but the home includes all that pertains to it&#8212;city,
+politics and taxes, laws relating to the protection
+of minors, municipal rottenness which may
+corrupt children, schools and playgrounds and
+museums which may educate them. Few doctrines
+have been productive of more pain than the
+"woman's sphere" argument. It is this which
+has, for a thousand years, made the unmarried
+woman, the <i>Old Maid</i>, the butt of the contemptible
+jibes of Christian society, whereof you will find
+no parallel in pagan antiquity. Dramatic writers
+have held her up to ridicule on the stage on account
+of the peculiarities of character which are
+naturally acquired when a person is isolated from
+participation in the activities of life. It is the
+doctrine which has made women glad to marry
+drunkards and rakes, to bring forth children
+tainted with the sins of their fathers, and to suffer
+hell on earth rather than incur the ridicule of the
+Christian gentleman who may, without incurring
+<a name="Page_247"></a>the protest of society, remain unmarried and sow
+an unlimited quantity of wild oats. It is this doctrine
+which was indirectly responsible for the
+hanging and burning of eccentric old women on
+the charge that they were witches. As men found
+a divine sanction for keeping women in subjection,
+so in those days of superstition did they blaspheme
+their Creator by digging out of the Old Testament,
+as a justification for their brutality, the text,
+"Thou shalt not suffer a witch to live."</p>
+<p>"Politics will degrade women"&#8212;this na&iuml;ve
+confession that politics are rotten is a fairly
+strong argument that some good influence is
+needed to make them cleaner. Generally speaking,
+it is difficult to imagine how politics could be
+made any worse. If a woman cannot go to the
+polls or hold office without being insulted by
+rowdies, her vote will be potent to elect officials
+who should be able to secure for the community a
+standard of reasonable civilisation. There is no
+case in which more sentimentality is wasted.
+Lovely woman is urged not to allow her beauty,
+her gentleness, her tender submissiveness to become
+the butt of the lounger at the street corner;
+and in most instances lovely woman, like the
+celebrated Ma&icirc;tre Corbeau, is cajoled effectively.
+Meanwhile the brothel and the sweat-shop continue
+on their prosperous way. By a curious
+inconsistency, man will permit woman to help
+him out of a political dilemma and will then
+suavely remark that suffrage will degrade her.</p>
+<p><a name="Page_248"></a>During the Civil War, Anna Dickinson by her
+remarkable lecture entitled, "The National
+Crisis" saved New Hampshire and Connecticut
+for the Republicans; Anna Carroll not only gave
+such a crushing rejoinder to Breckinridge's secession
+speech that the government printed and
+distributed it, but she also, as is now generally
+believed, planned the campaign which led to the
+fall of Forts Henry and Donelson and opened
+the Mississippi to Vicksburg. How many men
+realise these facts?</p>
+<p>The theory that politics degrade women will
+not find much support in such States as Colorado
+and Wyoming. Here, where equal suffrage obtains,
+women have been treated with uniform
+courtesy at the polls; they have even been elected
+to legislatures with no diminution of their womanliness;
+and the House of Wyoming long ago made
+a special resolution of its approval of equal rights
+and attested the beneficial results that have followed
+the extension of the suffrage to women.<a name="FNanchor_416"></a><a
+ href="#Footnote_416"><sup>[416]</sup></a>
+Judge Lindsey of Colorado has said that his
+election, and consequent power to work out his
+great reforms in juvenile delinquency, was due to
+the backing of women at a time when men, for
+"<a name="Page_249"></a>business reasons," were averse to extend their
+aid. "No one would dare to propose its repeal
+[i.e., the repeal of equal suffrage], and if left to
+the men of the State any proposition to revoke the
+rights bestowed on women would be overwhelmingly
+defeated." Experience in Colorado and
+elsewhere has shown that any important moral
+issue will bring out the women voters in great
+force; but after election they are content to resume
+their domestic duties; and they have shown
+no great desire for political office.<a name="FNanchor_417"></a><a
+ href="#Footnote_417"><sup>[417]</sup></a></p>
+<p><a name="Page_250"></a>Before I leave the discussion as to whether
+politics degrade women, it will not be out of
+place to consider the question whether certain
+women may not, if they have a vote, degrade
+politics. Of such women there are two classes&#8212;the
+immoral and the merely ignorant. As to
+the former, much fear has been expressed that they
+would be the very agents for unscrupulous politicians
+to use at the polls. Exact data on this
+<a name="Page_251"></a>matter are not available. I shall content myself
+with quoting a statement by Mrs. Ida Husted
+Harper<a name="FNanchor_418"></a><a href="#Footnote_418"><sup>[418]</sup></a>:</p>
+<p>"That 'immoral' class," said Mrs. Harper, "is
+a bogey that has never materialised in States
+where women have the suffrage. Those women
+don't vote. Indeed, Denver's experience has
+been interesting in that respect. When equal
+suffrage was first granted, women of that class
+were compelled by the police to register. It was
+a question of doing as the police said, of course,
+or being arrested. The women did not want to
+vote. They don't go under their real names; they
+have no fixed residence, and so on. Anyway,
+the last thing they wanted was to be registered
+voters.</p>
+<p>"But the corrupt political element needed their
+vote, and were after it, through the police. These
+women actually appealed to a large woman's
+political club to use its influence to keep the police
+from forcing them to register. A committee was
+appointed; it was found that the story was true;
+coercion was stopped, and the women's vote
+turned out the chief of police who attempted it.
+There is now no coercion, and this class simply
+pays no attention to politics at all."</p>
+<p>The doubling of the number of ignorant voters
+by giving all women alike the ballot would be a
+more serious affair. A remedy for that, however,
+lies in making an educational test a necessary
+<a name="Page_252"></a>qualification for all voters. In this connection
+the remarks of Mr. G.H. Putnam are suggestive<a name="FNanchor_419"></a><a
+ href="#Footnote_419"><sup>[419]</sup></a>:
+"If I were a citizen of Massachusetts
+or of any State which, like Massachusetts, possesses
+such educational qualification, I should be
+an active worker for the cause of equal suffrage.
+As a citizen of New York who has during the last
+fifty years done his share of work in the attempt
+to improve municipal conditions, I am forced to
+the conclusion that it will be wiser to endure for
+a further period the inconsistency, the stupidity,
+and the injustice of the disfranchisement of thousands
+of intelligent women voters rather than to
+accept the burden of an increase in the mass
+of unintelligent voters. The first step toward
+'equal suffrage' will, in my judgment, be a fight
+for an educational qualification for all voters."</p>
+<p>Those who maintain that when women are independent
+and self-asserting, they will lose their
+influence over men, assume that we view things
+to-day as they did a century ago and that the
+thoughts of men are not widened with the progress
+of the suns. The woman who can share the
+aspirations, the thoughts, the complete life of a
+man, who can understand his work thoroughly
+and support him with the sympathy born of
+perfect comprehension, will exert a far vaster influence
+over him than the milk-and-water ideal
+who was advised "to smile when her husband
+smiled, to frown when he frowned, and to be
+<a name="Page_253"></a>discreetly silent when the conversation turned
+on
+subjects of importance." It is a good thing for
+women to be self-asserting and independent.
+There is and always has been a class of men who,
+like Mr. Murdstone, are amenable to justice and
+reason only when they know that their proposed
+victim can at any time break the chains with
+which they would bind her.</p>
+<p>This brings us to the last of the social or political
+arguments, viz., "Most women do not want to
+vote."<a name="FNanchor_420"></a><a href="#Footnote_420"><sup>[420]</sup></a>
+Precisely the same argument has been
+used by slave owners from time immemorial&#8212;the
+slaves do not wish to be free. As Professor
+Thomas writes<a name="FNanchor_421"></a><a href="#Footnote_421"><sup>[421]</sup></a>:
+"Certainly the negroes
+of Virginia did not greatly desire freedom before
+the idea was developed by agitation from the
+outside, and many of them resented this outside
+interference. 'In general, in the whole western
+Sahara desert, slaves are as much astonished
+to be told that their relation to their owners is
+wrong and that they ought to break it, as
+boys amongst us would be to be told that
+their relation to their fathers was wrong and
+ought to be broken.' And it is reported from
+eastern Borneo that a white man could hire no
+natives for wages. 'They thought it degrading to
+work for wages, but if he would buy them, they
+would work for him.'" It is akin to the old
+<a name="Page_254"></a>contention of despots that when their subjects
+are fit for freedom, they will make them free;
+but nobody has ever seen such a time.</p>
+<p>Reform of evil conditions does not come from
+below; leaders with visions of the future must
+point the way. I once heard of a very respectable
+lady of Boston who exclaimed indignantly against
+certain proposed changes in child labour laws in
+North Carolina, where she owned shares in a cotton
+mill. She maintained that the children who
+worked at the looms ten hours a day expressed
+no discontent; it kept them off the streets; and
+the operators, in the kindness of their hearts, had
+actually had the looms made especially to accommodate
+conveniently the diminutive size of
+the little workers. Some people might, with
+great profit to themselves, read Plato's superb
+allegory of the men in the cave.</p>
+<p>The fact that various women's associations have
+been instituted in opposition to the extension of
+woman suffrage&#8212;as in Boston and New York&#8212;is
+no argument for depriving all women of the
+franchise. If the women who compose these
+societies do not care to vote, they do not need to;
+but they have no right to deprive of their rights
+those who do so desire. It is said that good
+women will not go to the polls; yet there are
+in every large city hundreds of respectable males
+who disdain to vote. A woman is more likely to
+have a sense of duty to vote than a man. It is
+the old cry, "Don't disturb the old order of things.</p>
+<p><a name="Page_255"></a>If you make us think for ourselves, we shall
+be so
+unhappy." So Galileo was brought to trial,
+so Anne Hutchinson was banished; and so persecuted
+they the prophets before them.</p>
+<p><span style="font-weight: bold;">IV.</span> Another argument that is
+made much of
+is the intellectual inferiority of woman. For ages
+women were allowed nor higher education than
+reading, writing, and simple arithmetic, often
+not even these; yet Elizabeth Barrett Browning,
+George Sand, George Eliot, Harriet Martineau,
+Jane Austen, and some scores of others did work
+which showed them to be the peers of any minds
+of their day. And if no woman can justly
+claim to have attained an eminence such as that
+of Shakespeare in letters or of Darwin in science,
+we may question whether Shakespeare would have
+been Shakespeare or Darwin Darwin if the society
+which surrounded them had insisted that it was
+a sin for them to use their minds and that they
+should not presume to meddle with knowledge.
+When a girl for the first time in America took a
+public examination in geometry, in 1829, men
+wagged their heads gravely and prophesied the
+speedy dissolution of family and state.</p>
+<p>To the list of women whose service for their
+fellows would have been lost if the old-time barriers
+had been maintained, may be added the name
+of the late Dr. Mary Putnam Jacobi. Mary
+Putnam secured her preliminary medical education
+in the early '60's, and found herself keenly
+troubled and dissatisfied at the inadequacy of the
+<a name="Page_256"></a>facilities extended to women for the study of
+medicine. She insisted that if women practitioners
+were to be, as she expressed it, "turned
+loose" upon the community with license to practise,
+they should, not only as a matter of justice
+to themselves but of protection for the women
+and children whose lives they would have in their
+hands, be properly qualified.</p>
+<p>At the time in question, the medical profession
+took the ground that women might enjoy the
+benefit of a little medical education but they were
+denied the facilities for any thorough training or
+for any research work. Mary Putnam secured
+her graduate degree from the great medical school
+of the University of Paris, being the first woman
+who had been admitted to the school since the
+fourteenth century. Returning after six years
+of thorough training, she did much during the
+remaining years of her life to secure and to maintain
+for women physicians the highest possible
+standard of training and of practice. It was
+natural that with this experience of the requirement
+of equal facilities for women in her own
+work, she should always have been a believer in
+the extension of equal facilities for any citizen's
+work for which, after experience, women might
+be found qualified. She was, therefore, an ardent
+advocate of equal suffrage.</p>
+<p>One needs but recall the admirable intellectual
+work of women to-day to wonder at the imbecility
+of those who assert that women are intellectually
+<a name="Page_257"></a>the inferiors of men. Madame Curie in science,
+Miss Tarbell in political and economic history,
+Miss Jane Addams in sociological writings and
+practice, the Rev. Anna Howard Shaw in the
+ministry, Mrs. Hetty Green in business, are a
+few examples of women whose mental ability
+ought to bring a blush to the Old Guard. Mrs.
+Harriman and Mrs. Sage, who manage properties
+of many millions, are denied the privilege of
+voting in regard to the expenditure of their taxes;
+but every ignorant immigrant can cast a vote,
+thanks to the doctrine that the political acumen
+of a man, however degraded, is superior to that
+of a woman, however great her genius&#8212;an admirable
+obedience to the saw in Ecclesiasticus
+that the badness of men is better than the goodness
+of women. Let me quote again from Professor
+Thomas: "The men have said that women
+are not intelligent enough to vote, but the women
+have replied that more of honesty than of intelligence
+is needed in politics at present, and that
+women certainly do not represent the most ignorant
+portion of the population. They claim that
+voting is a relatively simple matter anyway, that
+political freedom 'is nothing but the control of
+those who do make politics their business by those
+who do not,' and that they have enough intelligence
+'to decide whether they are properly governed,
+and whom they will be governed by.'
+They point out also that already, without the
+ballot, they are instructing men how to vote and
+<a name="Page_258"></a>teaching them how to run a city; that women have
+to journey to the legislature at every session to
+instruct members and committees at legislative
+hearings, and that it is absurd that women who
+are capable of instructing men how to vote should
+not be allowed to vote themselves. To the suggestion
+that they would vote like their husbands
+and that so there would be no change in the political
+situation, women admit that they would
+sometimes vote like their husbands, because their
+husbands sometimes vote right; but ex-Chief-Justice
+Fisher of Wyoming says: 'When the
+Republicans nominate a bad man and the Democrats
+a good one, the Republican women do not
+hesitate a moment to "scratch" the bad and substitute
+the good. It is just so with the Democrats;
+hence we almost always have a mixture of office-holders.
+I have seen the effects of female suffrage,
+and, instead of being a means of encouragement
+to fraud and corruption, it tends greatly to purify
+elections and to promote better government.'
+Now, 'scratching' is the most difficult feature of
+the art of voting, and if women have mastered
+this, they are doing very well. Furthermore, the
+English suffragettes have completely outgeneralled
+the professional politicians. They discovered
+that no cause can get recognition in politics unless
+it is brought to the attention, and that John Bull
+in particular will not begin to pay attention 'until,
+you stand on your head to talk to him.' They
+regretted to do this, but in doing it they secured
+<a name="Page_259"></a>the attention and interest of all England. They
+then followed a relentless policy of opposing the
+election of any candidate of the party in power.
+The Liberal men had been playing with the Liberal
+women, promising support and then laughing the
+matter off. But they are now reduced to an
+appeal to the maternal instinct of the women.
+They say it is unloving of them to oppose their
+own kind. Politics is a poor game, but this is
+politics."</p>
+<p><span style="font-weight: bold;">V.</span> The last objection I
+would call the <i>moral</i>.
+It embraces such arguments as, that woman is too
+impulsive, too easily swayed by her emotions to
+hold responsible positions, that the world is very
+evil and slippery, and that she must therefore
+constantly have man to protect her&#8212;a pious duty,
+which he avows solemnly it has ever been his
+special delight to perform. The preceding pages
+are a commentary on the manner in which man
+has discharged this duty. In Delaware, for instance,
+the age of legal consent was until 1889
+seven years. The institution of Chivalry, to take
+another example, is usually praised for the high
+estimation and protection it secured for women;
+yet any one who has read its literature knows
+that, in practice, it did nothing of the sort. The
+noble lord who was so gallant to his lady love&#8212;who,
+by the way, was frequently the wife of another
+man&#8212;had very little scruple about seducing
+a maid of low degree. The same gallantry
+is conspicuous in the Letters of Lord Chesterfield,
+<a name="Page_260"></a>beneath whose unctuous courtesy the beast of
+sensuality is always leering.</p>
+<p>In the past the main function of woman outside
+of the rearing of children has been to satisfy
+the carnal appetite of man, to prepare his food,
+to minister to his physical comfort; she was
+barred from participation in the intellectual.
+In order to hold her to these bonds a Divine Sanction
+was sought. The Mohammedan found it in
+the Koran; the Christian, in the Bible&#8212;just as
+slavery was justified repeatedly from the story
+of Ham, just as the Stuarts and the Bourbons believed
+firmly that they were the special favourites
+of God.</p>
+<p>Strangely enough, men who are so sensitive
+about the moral welfare of women will visit a
+dance hall where women are degraded nightly,
+and will allow their daughters to marry "reformed"
+rakes. Men will not permit any mention
+of sexual matters in their homes, and will
+let their children get their information on the
+street; and all for the very simple reason that
+they are afraid the truth will hurt, will make
+people think. Men have been remarkably sensitive
+about having women speak in public for their
+rights; but they watch with zest a woman screaming
+nonsense on the stage.</p>
+<p>It is quite possible that many women are swayed
+too easily by their emotions. We must recollect,
+however, that for some thousands of years woman
+has been carefully drilled to believe that she is an
+<a name="Page_261"></a>emotional creature. If a dozen people conspire
+to tell a man that he is looking badly, it is not
+unlikely that he will feel ill. Certainly Florence
+Nightingale and Clara Barton exhibited no lack
+of firmness on the shambles of battlefields; and
+there are few men living who cannot recall instances
+of women who have, in the face of disaster
+and evil fortune, shown a steady perseverance and
+will-power in earning a living for themselves and
+their children that men have not surpassed.</p>
+<p>Having in the preceding pages considered the
+five capital objections to the concession of equal
+suffrage, I shall now, in accordance with my plan,
+say something of the much-mooted question of
+the superiority or inferiority of one sex to the other.
+It might be concluded from the foregoing account
+that I see little difference in the aptitudes and
+powers of the sexes physically, morally, or intellectually.
+That does not necessarily follow.
+It is possible to conceive of each sex as the complement
+of the other; and between complements
+there can be no question either of superiority or
+of inferiority. The great historian of European
+Morals has analysed the constitutional differences
+of the sexes as he conceived them; and I may
+quote his remarks as pertinent to my theme.
+Lecky writes as follows<a name="FNanchor_422"></a><a
+ href="#Footnote_422"><sup>[422]</sup></a>:</p>
+<p>"Physically, men have the indisputable super<a name="Page_262"></a>iority
+in strength, and women in beauty. Intellectually,
+a certain inferiority of the female sex
+can hardly be denied when we remember how
+almost exclusively the foremost places in every
+department of science, literature, and art have
+been occupied by men, how infinitesimally small
+is the number of women who have shown in any
+form the very highest order of genius, how many
+of the greatest men have achieved their greatness
+in defiance of the most adverse circumstances,
+and how completely women have failed in obtaining
+the first position, even in music or painting,
+for the cultivation of which their circumstances
+would appear most propitious. It is as impossible
+to find a female Raphael, or a female Handel, as a
+female Shakespeare or Newton. Women are intellectually
+more desultory and volatile than men;
+they are more occupied with particular instances
+than with general principles; they judge rather
+by intuitive perceptions than by deliberate reasoning
+or past experience. They are, however,
+usually superior to men in nimbleness and rapidity
+of thought, and in the gift of tact or the power of
+seizing speedily and faithfully the finer inflections
+of feeling, and they have therefore often attained
+very great eminence as conversationalists, as letter-writers,
+as actresses, and as novelists.</p>
+<p>"Morally, the general superiority of women over
+men is, I think, unquestionable. If we take the
+somewhat coarse and inadequate criterion of police
+statistics, we find that, while the male and
+<a name="Page_263"></a>female populations are nearly the same in
+number,
+the crimes committed by men are usually rather
+more than five times as numerous as those committed
+by women; and although it may be justly
+observed that men, as the stronger sex, and the
+sex upon whom the burden of supporting the
+family is thrown, have more temptations than
+women, it must be remembered, on the other hand,
+that extreme poverty which verges upon starvation
+is most common among women, whose
+means of livelihood are most restricted, and whose
+earnings are smallest and most precarious. Self-sacrifice
+is the most conspicuous element of a
+virtuous and religious character, and it is certainly
+far less common among men than among women,
+whose whole lives are usually spent in yielding to
+the will and consulting the pleasures of another.
+There are two great departments of virtue: the
+impulsive, or that which springs spontaneously
+from the emotions, and the deliberative, or that
+which is performed in obedience to the sense of
+duty; and in both of these I imagine women are
+superior to men. Their sensibility is greater,
+they are more chaste both in thought and act, more
+tender to the erring, more compassionate to the
+suffering, more affectionate to all about them....
+In active courage women are inferior to men. In
+the courage of endurance they are commonly
+their superiors.... In the ethic of intellect
+they are decidedly inferior. To repeat an expression
+I have already employed, women very rarely
+<a name="Page_264"></a>love truth, though they love passionately what
+they call 'the truth' or opinions they have received
+from others, and hate vehemently those
+who differ from them. They are little capable of
+impartiality or doubt; their thinking is chiefly a
+mode of feeling; though very generous in their
+acts, they are rarely generous in their opinions....
+They are less capable than men of perceiving
+qualifying circumstances, of admitting
+the existence of elements of good in systems to
+which they are opposed, of distinguishing the
+personal character of an opponent from the
+opinions he maintains. Men lean most to justice,
+and women to mercy. Men are most addicted
+to intemperance and brutality, women to frivolity
+and jealousy. Men excel in energy, self-reliance,
+perseverance, and magnanimity, women in humility,
+gentleness, modesty, and endurance....
+Their religious or devotional realisations are incontestably
+more vivid.... But though more
+intense, the sympathies of women are commonly
+less wide than those of men. Their imaginations
+individualise more, their affections are, in consequence,
+concentrated rather on leaders than on
+causes.... In politics, their enthusiasm is
+more naturally loyalty than patriotism. In history,
+they are even more inclined than men to
+dwell exclusively upon biographical incidents or
+characteristics as distinguished from the march
+of general causes."</p>
+<p>Experience, by which alone mankind has ever
+<a name="Page_265"></a>learned or can learn, will show how far the
+characteristics
+enumerated by Lecky are innate and
+how far they have been acquired in the course of
+ages by certain habits of belief and education.</p>
+<p>The securing of citizens' rights for woman will
+of necessity depend on the attitude of society.
+There may be numerous laws for her relief on the
+statute books; but if society frowns on her appearance
+in court, it will be only in exceptional
+cases that she will appeal to the courts. To one
+who is familiar with the records of daily life a
+hundred years ago there is little doubt that conjugal
+infidelity on the part of the husband was
+more flagrant then than it is to-day; but there
+were infinitely fewer divorces. The reason for
+this is simply that public sentiment on the subject
+has changed. A century ago, a divorced
+woman could do nothing; the wife was exhorted
+to bear her husband's faults with meekness;
+and the expansion of industry had not yet opened
+to her that opportunity of making her own living
+which she now possesses in a hundred ways.
+Women were entirely dependent on men; and the
+men knew it. To-day they are not so sure.</p>
+<p>The old conception of woman's position was
+subjection, based on mental and physical inferiority
+and supported by Biblical arguments. The
+newer conception is that of a complement, in
+which neither inferiority nor superiority finds
+place. The old conception was based, like every
+<a name="Page_266"></a>institution of the times, on fear. Men were
+warned against heresy by being reminded of the
+tortures of hell fire; against crime by appealing
+to their dread of the gallows. Between the death
+of Anne and the reign of George III one hundred
+and eighty-eight capital offences were added to
+the penal code; and crime at once increased to an
+amazing degree. In a system that is founded on
+fear, when once that fear is removed&#8212;as it
+inevitably will be with the growth of enlightenment&#8212;there
+remains no basis of action, no incentive
+to good. It has been tried for centuries
+and has yielded only Star Chambers and Spanish
+Inquisitions. It is time that we try a new method.
+An appeal to the sense of <i>fair play</i>, an appeal
+to the sense of duty and of natural affection
+may yield immeasurably superior results. It has
+been my experience and personal observation
+that the standard of honour in our non-sectarian
+schools, where the <i>fair play</i> spirit is most insisted
+on, is vastly greater than it was in the old
+sectarian institutions where boys were told morning,
+noon, and night that they would go to hell
+if they did not behave.</p>
+<p>The new spirit is not going to be accepted at
+once by society. There must first be some wailing
+and much gnashing of teeth; and the monster,
+custom, which all sense doth eat, will still for a
+time be antagonistic as it has been in the past.
+"In no society has life ever been completely controlled
+by the reason," remarks Professor Thomas,
+"<a name="Page_267"></a>but mainly by the instincts and the habits and
+the customs growing out of these. Speaking in
+a general way, it may be said that all conduct
+both of men and animals tends to be right rather
+than wrong. They do not know why they behave
+in such and such ways, but their ancestors
+behaved in those ways and survival is the guaranty
+that the behaviour was good. We must admit
+that within the scope of their lives the animals
+behave with almost unerring propriety. Their
+behaviour is simple and unvarying, but they
+make fewer mistakes than ourselves. The difficulty
+in their condition is, that having little
+power of changing their behaviour they have little
+chance of improvement. Now, in human societies,
+and already among gregarious animals, one
+of the main conditions of survival was common
+sentiment and behaviour. So long as defence of
+life and preying on outsiders were main concerns
+of society, unanimity and conformity had the
+same value which still attaches to military discipline
+in warfare and to team work in our sports.
+Morality therefore became identified with uniformity.
+It was actually better to work upon
+some system, however bad, than to work on none
+at all, and early society had no place for the dissenter.
+Changes did take place, for man had the
+power of communicating his experiences through
+speech and the same power of imitation which
+we show in the adoption of fashions, but these
+changes took place with almost imperceptible
+<a name="Page_268"></a>slowness, or if they did not, those who proposed
+them were considered sinners and punished with
+death or obloquy.</p>
+<p>"And it has never made any difference how
+bad the existing order of things might be. Those
+who attempted to reform it were always viewed
+with suspicion. Consequently our practices usually
+run some decades or centuries behind our
+theories and history is even full of cases where
+the theory was thoroughly dead from the standpoint
+of reason before it began to do its work
+in society. A determined attitude of resistance
+to change may therefore be classed almost with
+the instincts, for it is not a response to the reason
+alone, but is very powerfully bound up with the
+emotions which have their seat in the spinal
+cord.</p>
+<p>"It is true that this adhesion to custom is more
+absolute and astonishing in the lower races and
+in the less educated classes, but it would be difficult
+to point out a single case in history where a
+new doctrine has not been met with bitter resistance.
+We justly regard learning and freedom
+of thought and investigation as precious, and we
+popularly think of Luther and the Reformation as
+standing at the beginning of the movement toward
+these, but Luther himself had no faith in
+'the light of reason' and he hated as heartily as
+any papal dogmatist the 'new learning' of Erasmus
+and Hutten.... We are even forced to
+realise that the law of habit continues to do
+<a name="Page_269"></a>its perfect work in a strangely resentful or
+apathetic manner even when there is no moral
+issue at stake.... Up to the year 1816, the
+best device for the application of electricity to
+telegraphy had involved a separate wire for each
+letter of the alphabet, but in that year Francis
+Ronalds constructed a successful line making
+use of a single wire. Realising the importance of
+his invention, he attempted to get the British
+government to take it up, but was informed that
+'telegraphs of any kind are now wholly unnecessary,
+and no other than the one in use will be
+adopted.'"</p>
+<p>The reader will doubtless be able to add from
+his own experience and observation examples
+which will support Professor Thomas's admirable
+account of the power of custom. Among many
+barbarous tribes certain foods, like eggs, are
+<i>taboo</i>; no one knows why they should not be eaten;
+but tradition says their use produces bad results,
+and one who presumes to taste them is put to
+death. To-day, we believe ourselves rather highly
+civilised; but the least observation of society
+must compel us to acknowledge that <i>taboo</i> is
+still a vital power in a multitude of matters.</p>
+<p>There is a still more forcible opposition to a recasting
+of the status of women by those men who
+have beheld no complete regeneration of society
+through the extension of the franchise in four
+of our States. Curiously oblivious of the fact
+that partial regeneration through the instru<a name="Page_270"></a>mentality
+of women is something attained, they
+take this as a working argument for the uselessness
+of extending the suffrage. They point to
+other evils that have followed and tell you that if
+this is the result of the emancipation of women,
+they will have none of it. For example, there
+can be no doubt that one may see from time to
+time the pseudo-intellectual woman. She affects
+an interest in literature, attends lectures on
+Browning and Emerson, shows an academic interest
+in slum work, and presents, on the whole, a
+selfishness or an egotism which repels. There
+never has been a revolution in society, however
+beneficial eventually, which did not bring at
+least some evil in its train. I cannot do better
+in this connection than to quote Lord Macaulay's
+splendid words (from the essay on Milton): "If
+it were possible that a people, brought up under
+an intolerant and arbitrary system, could subvert
+that system without acts of cruelty and folly,
+half the objections to despotic power would be
+removed. We should, in that case, be compelled
+to acknowledge that it at least produces no pernicious
+effects on the intellectual and moral character
+of a people. We deplore the outrages which
+accompany revolutions. But the more violent
+the outrages, the more assured we feel that a
+revolution was necessary. The violence of these
+outrages will always be proportioned to the ferocity
+and ignorance of the people; and the ferocity
+and ignorance of the people will be proportioned
+<a name="Page_271"></a>to the oppression and degradation under which
+they have been accustomed to live. Thus it was
+in our civil war. The rulers in the church and
+state reaped only what they had sown. They
+had prohibited free discussion&#8212;they had done
+their best to keep the people unacquainted with
+their duties and their rights. The retribution was
+just and natural. If they suffered from popular
+ignorance, it was because they had themselves
+taken away the key to knowledge. If they were
+assailed with blind fury, it was because they had
+exacted an equally blind submission.</p>
+<p>"It is the character of such revolutions that we
+always see the worst of them at first. Till men
+have been for some time free, they know not how
+to use their freedom. The natives of wine-countries
+are always sober. In climates where wine
+is a rarity, intemperance abounds. A newly-liberated
+people may be compared to a northern
+army encamped on the Rhine or the Xeres. It is
+said that when soldiers in such a situation first
+find themselves able to indulge without restraint
+in such a rare and expensive luxury, nothing
+is to be seen but intoxication. Soon, however,
+plenty teaches discretion; and after wine has been
+for a few months their daily fare, they become
+more temperate than they had ever been in their
+own country. In the same manner, the final and
+permanent fruits of liberty are wisdom, moderation,
+and mercy. Its immediate effects are often
+atrocious crimes, conflicting errors, skepticism on
+<a name="Page_272"></a>points the most clear, dogmatism on points the
+most mysterious. It is just at this crisis that
+its enemies love to exhibit it. They pull down
+the scaffolding from the half-finished edifice; they
+point to the flying dust, the falling bricks, the
+comfortless rooms, the frightful irregularity of
+the whole appearance; and then ask in scorn where
+the promised splendour and comfort are to be
+found? If such miserable sophisms were to prevail,
+there never would be a good house or a
+good government in the world.... There is
+only one cure for the evils which newly acquired
+freedom produces&#8212;and that cure is freedom.
+When a prisoner leaves his cell, he cannot bear
+the light of day&#8212;he is unable to discriminate
+colours or to recognise faces. But the remedy
+is not to remand him into his dungeon, but to
+accustom him to the rays of the sun. The
+blaze of truth and liberty may at first dazzle
+and bewilder nations which have become half-blind
+in the house of bondage. But let them
+gaze on, and they will soon be able to bear it.
+In a few years men learn to reason. The extreme
+violence of opinion subsides. Hostile theories
+correct each other. The scattered elements
+of truth cease to conflict, and begin to coalesce.
+And at length a system of justice and order is
+educed out of the chaos.</p>
+<p>"Many politicians of our time are in the habit
+of laying it down as a self-evident proposition,
+that no people ought to be free till they are
+<a name="Page_273"></a>fit to use their freedom. The maxim is worthy
+of the fool in the old story, who resolved not to
+go into the water till he had learnt to swim. If men
+are to wait for liberty till they become wise and
+good in slavery, they may indeed wait for ever."</p>
+<p>The speedy dissolution of family and state was
+prophesied by men when first a girl took a public
+examination in geometry; whenever women have
+been given complete control of their own property;
+when they have been received into the professions
+and industries; and now in like manner
+people dread the condition of things that they
+imagine might follow if women are given the right
+to vote and to hold office. We may well believe,
+with Lecky, that there are "certain eternal moral
+landmarks which never can be removed." But
+no matter what our views may be of the destinies,
+characteristics, functions, or limitations of the
+sex, certain reforms are indispensable before woman
+and, through her, family life can reach their
+highest development. Of these reforms I shall
+speak briefly and with them close my history.</p>
+<p><span style="font-weight: bold;">I.</span> The double standard of
+morality for the
+sexes must gradually be abolished.<a name="FNanchor_423"></a><a
+ href="#Footnote_423"><sup>[423]</sup></a> Of all the
+<a name="Page_274"></a>sad commentaries on Christian nations none is so
+pathetic or so tragical as the fact that for nineteen
+centuries men have been tacitly and openly allowed,
+at least before marriage, unrestrained
+liberty to indulge in sexual vice and intemperance,
+while one false step on the part of the woman
+has condemned her to social obloquy and,
+frequently, to a life on the street. This strange
+system, a blasphemy against the Christ who
+suffered death in order to purify the earth, has
+had its defenders not merely among the uneducated
+who do not think, but even among
+the most acute intellects. The philosopher
+Hume justifies it by commenting on the vastly
+greater consequences attendant on vice in women
+than in men; divines like Jeremy Taylor
+have encouraged it by urging women meekly
+to bear the sins of their husbands. This subject
+is one of the great <i>taboos</i> in modern society.
+Let me exhort the reader to go to
+any physician and get from him the statistics
+of gonorrhea and syphilis which he has met
+in his practice; let him learn of the children
+born blind and of wives rendered invalid
+for life because their husbands once sowed
+a crop of wild oats with the sanction of society;
+let him read the Report of the Committee
+of Fifteen in New York (G.P. Putnam's
+Sons, 1902) on <i>The Social Evil</i>, the records
+of the Watch and Ward Society in Boston,
+or the recent report of the special jury in
+<a name="Page_275"></a>New York which investigated the "White Slave
+Traffic."<a name="FNanchor_424"></a><a href="#Footnote_424"><sup>[424]</sup></a></p>
+<p>The plain facts are not pleasant. A system
+which has been in vogue from the beginning of
+history cannot be changed in a decade; but the
+desired state of things will be more speedily
+achieved and immediate good will be accomplished
+by three reforms which may be begun at
+once&#8212;have begun, in fact. In the first place, the
+"age of legal consent" should be uniformly
+twenty-one. In most States to-day it is fourteen
+or sixteen.<a name="FNanchor_425"></a><a href="#Footnote_425"><sup>[425]</sup></a>
+To the ordinary mind it is a self-evident
+proposition that a girl of those ages, the
+slippery period of puberty, can but seldom realise
+what she is doing when she submits herself to the
+lust of scoundrels. But the minds of legislators
+pass understanding; and when, a few years ago,
+a woman in the Legislature of Colorado proposed
+to have the age of consent raised from sixteen to
+twenty-one, such a storm of protest came from her
+male colleagues that the measure had to be abandoned.
+In the second place the public should be
+made better acquainted with the facts of prostitution.
+When people once realise thoroughly
+what sickness and social ulcers result from the
+<a name="Page_276"></a>presence in the city of New York of 100,000
+debauched
+women (and the estimate is conservative)&#8212;when
+they begin to reflect that their
+children must grow up in such surroundings, then
+perhaps they will question the expediency of the
+double standard of morality and will insist that
+what is wrong for a woman is wrong for a man.
+It is a fact, to be borne carefully in mind, that
+the vast majority of prostitutes begin their career
+below the age of <i>eighteen</i> and usually at the
+instigation of adult <i>men</i>, who take advantage of
+their ignorance or of their poverty. If the miserable
+Thaw trial did nothing else, it at least once
+more called public attention to conditions which
+every intelligent man knows have existed for
+years. Something can also be done by statute.
+New York has made adultery a crime; and the
+State of Washington requires a physical examination
+of the parties before marriage. In the third
+place, physicians should take more pains to educate
+men to the knowledge that a continent life
+is not a detriment to health&#8212;the contrary belief
+being more widely spread than is usually suspected.</p>
+<p><span style="font-weight: bold;">II.</span> In the training of
+women, care should be
+taken to impress upon them that they are not
+toys or spoiled children, but fellow-citizens, devoted
+to the common task of advancing the ideals
+of the nation to their goal.</p>
+<div class="poem">
+<div class="stanza">
+<p>The woman's cause is man's; they rise or sink</p>
+<p>Together, dwarf'd or godlike, bond or free:</p>
+<a name="Page_277"></a>
+<p>If she be small, slight-natured, miserable,</p>
+<p>How shall men grow?</p>
+</div>
+</div>
+<p>TENNYSON, <i>The Princess</i>.</p>
+<div class="poem">
+<div class="stanza">
+<p>A Being breathing thoughtful breath,</p>
+<p>A Traveller between life and death;</p>
+<p>The reason firm, the temperate will,</p>
+<p>Endurance, foresight, strength, and skill;</p>
+<p>A perfect Woman, nobly planned,</p>
+<p>To warn, to comfort, and command;</p>
+<p>And yet a Spirit still, and bright</p>
+<p>With something of an angel light.</p>
+</div>
+</div>
+<p>WORDSWORTH.</p>
+<p>Towards a higher conception of their duties,
+women are steadily advancing. It often happens
+that the history of words will give a hint of the
+progress of civilisation. Such a story is told by
+the use of <i>lady</i> and <i>woman</i>. Not many decades
+ago the use of the word <i>woman</i> in referring to
+respectable members of the sex was interpreted
+as a lack of courtesy. To-day, women prefer
+to be called <i>women</i>.</p>
+<p><span style="font-weight: bold;">III.</span> Women should be given
+the full right to
+enter any profession or business which they may
+desire. As John Stuart Mill says:</p>
+<p>"The proper sphere for any human being is
+the highest sphere that being is capable of attaining;
+and this cannot be ascertained without complete
+liberty of choice."</p>
+<p>"We are, as always, in a period of transition,"
+remarks Mr. Bj&ouml;rkman,<a name="FNanchor_426"></a><a
+ href="#Footnote_426"><sup>[426]</sup></a> "the old forms are
+<a name="Page_278"></a>falling away from us on every side. Concerning
+the new ones we are still uncertain and divided.
+Whether woman shall vote or not, is not the main
+issue. She will do so sooner or later if it suits
+her. No, the imperative question confronting us
+is this: What are we to do that her life once
+more may be full and useful as it used to
+be? That question cannot be answered by anybody
+but herself. Furthermore, it can only be
+answered on the basis of actual experience. And
+urged onward by her never-failing power of intuition,
+woman has for once taken to experimenting.
+She has, if you please, become temporarily
+catabolic. But it means merely that she is seeking
+for new means to fulfil her nature, not for
+ways of violating it. And the best thing&#8212;nay,
+the only thing&#8212;man can do to help her is to stand
+aside and keep his faith, both in her and in life.
+Whether it be the franchise, or the running of
+railroads, or public offices, that her eager hands
+and still more eager soul should happen to reach
+out for, he must give her free way. All she
+wants is to find herself, and for this purpose
+she must try everything that once was foreign
+to her being: the trial over, she will instinctively
+and unfailingly pick out the right new things
+to do, and will do them."</p>
+<p>The opening up of professions and industries to
+woman has been of incalculable benefit to her.
+Of old the unmarried woman could do little except
+sit by the fire and spin or make clothing for
+<a name="Page_279"></a>the South Sea Islanders. Her limited activities
+caused a corresponding influence on her character.
+People who have nothing to do will naturally
+find an outlet for their superfluous energy in
+gossip and all the petty things of life; if isolated
+from a share in what the world is doing, they will
+no less naturally develop eccentricities of character
+and will grow old prematurely. To-day, by being
+allowed a part in civic and national movements,
+women can "get out of themselves"&#8212;a powerful
+therapeutic agent. Mrs. Ella Young, a woman of
+sixty, was last year made Superintendent of the
+great Public School System of Chicago. Fr&auml;ulein
+Anna Heinrichsdorff is the first woman in Germany
+to get an engineer's diploma, very recently
+bestowed upon her; an "excellent" mark was given
+Fr&auml;ulein Heinrichsdorff in every part of her examination
+by the Berlin Polytechnic Institute.
+Miss Jean Gordon, the only factory inspector
+in Louisiana, is at present waging a strong fight
+against the attempt to exempt "first-class"
+theatres from the child-labour law. Mrs. Nellie
+Upham, of Colorado, is President and General
+Manager of the Gold Divide Mining, Milling,
+and Tunnel Company of Colorado and directs
+300 workmen. These are a few examples out of
+some thousands of what woman is doing.<a name="FNanchor_427"></a><a
+ href="#Footnote_427"><sup>[427]</sup></a> And
+<a name="Page_280"></a>yet there are men who do not believe she should
+do anything but wash dishes and scrub.</p>
+<p>Much more serious is the glaring discrepancy
+in the wages paid to men and to women. For
+doing precisely the same work as a man and often
+doing it better, woman receives a much lower
+<a name="Page_281"></a>wage. The reasons are several and specious.
+We are told that men have families to support,
+that women do not have such expensive tastes
+as men, that they are incapable of doing as much
+as men, that by granting them equal wages one
+of the inducements to marry is removed. These
+arguments are generally used with the greatest
+gravity by bachelors. If men have families to
+support, women by the hundreds support brothers
+and sisters and weak parents. That they are
+incapable of doing as much sounds unconvincing
+<a name="Page_282"></a>to one who has seen the work of sweat-shops. The
+argument that men have more expensive tastes
+to satisfy is too feeble to deserve attention.
+Finally, when men argue that women should be
+forced to marry by giving them smaller wages,
+they are simply reverting to the time-honoured
+idea that the goal of every women's ambition
+should be fixed as matrimony. If the low wages
+of women produced no further consequence, one
+might dismiss the matter as not of essential importance;
+but inadequate pay has been found too
+frequently to be a direct cause of prostitution.
+No girl can well keep body and soul together on
+four dollars a week and some business managers
+have been known to inform their women employees
+with frankness that a "gentleman friend" is a
+necessary adjunct to a limited income.</p>
+<p>The women who suffer most from low wages
+are probably the teachers in our primary schools.
+They start usually on a salary of about three
+hundred and fifty dollars a year. For this each
+teacher performs all the minute labour and bears
+all the nervous strain of instructing sixty pupils
+six and a half hours a day and of correcting dozens
+of papers far into the night. And when crime
+increases or the pupils are not universally successful
+in business, the school teacher has the
+added pleasure of getting blamed for it, being
+told that she ought to have trained them better.
+These facts lend some colour to Mark Twain's
+sage reflection that God at first made idiots&#8212;<a name="Page_283"></a>that
+was for practice; then he made school
+boards.</p>
+<p>One of the most interesting examples of recent
+evolution in the industrial status of women is
+the decision of the Supreme Court of Illinois in the
+so-called Ritchie Case. The last Legislature of
+Illinois passed a law limiting to ten hours the
+working day of women in factories and stores.
+Now, as far back as 1893, the Legislature had
+passed a similar law limiting woman's labour to
+<i>eight</i> hours; but the Supreme Court in 1895 declared
+it unconstitutional on the ground that it
+was an arbitrary and unreasonable interference
+with the right of women to contract for the sale
+of their labour. When, therefore, this year a
+ten-hour bill was tried, W.C. Ritchie, who had
+secured the nullification of the act of 1893, again
+protested. The decision of the Court, rendered
+April 21, 1910, is an excellent proof of the great
+advance made within two decades in the position
+of women. Reversing completely its judgment of
+1895, the Court left far behind it mere technicalities
+of law and found a sanction for its change
+of front in the experience of humanity and of common
+sense. These are its conclusions:</p>
+<p>"It is known to all men, and of what we know
+as men we cannot profess to be ignorant as judges:</p>
+<p>"That woman's physical structure and the performance
+of maternal functions place her at a
+great disadvantage in the battle of life.</p>
+<p>"That while a man can work for more than ten
+<a name="Page_284"></a>hours a day without injury to himself, a woman,
+especially when the burdens of motherhood are
+upon her, cannot.</p>
+<p>"That while a man can work standing upon
+his feet for more than ten hours a day, day
+after day, without injury to himself, a woman
+cannot.</p>
+<p>"That to require a woman to stand upon her
+feet for more than ten hours in any one day and to
+perform severe manual labour while thus standing
+has the effect of impairing her health.</p>
+<p>"And as weakly and sickly women cannot be
+the mothers of vigorous children, it is of the greatest
+importance to the public that the State take
+such measures as may be necessary to protect
+its women from the consequences produced by
+long-continued manual labour in those occupations
+which tend to break them down physically.</p>
+<p>"It would seem obvious, therefore, that legislation
+which limits the number of hours which
+women shall be permitted to work to ten hours in
+a single day in such employments as are carried
+on in mechanical establishments, factories, and
+laundries would tend to preserve the health of
+women and assure the production of vigorous
+offspring by them and would conduce directly to
+the health, morals, and general welfare of the
+public, and that such legislation would fall clearly
+within the police powers of the State."</p>
+<p><span style="font-weight: bold;">IV.</span> All phenomena that
+concern family life
+should be carefully studied and their bearing on
+<a name="Page_285"></a>the state ascertained as exactly as possible.
+There is no subject, for example, from which such
+wild conclusions are drawn as the matter of divorce.
+The average moralist, but more particularly the
+clergy, seeing the fairly astonishing increase in
+divorce during the last decade, jump to the conclusion
+that family life is decadent and immorality
+flagrantly on the increase. They point to
+the indubitable fact that a century ago divorces
+were insignificant in number; and they infer that
+morality was then on a much higher level than it
+is now. Such alarmists neglect certain elementary
+facts. The flippant manner in which marriage
+is treated by the Restoration dramatists and by
+novelists of the 18th century, the callous sexual
+morality revealed in diaries and in the conversations
+of men like Johnson alone are sufficient to
+suggest the need of a readjustment of one's view
+regarding the standard of morality in the past.
+A century ago it was the duty of a gentleman to
+drink to excess; and it was presumed that a guest
+had not enjoyed his dinner unless he was at least
+comfortably the worse for liquor. This view of
+drunkenness is admirably depicted in Dickens's
+<i>Pickwick Papers</i>, where intoxication is treated
+throughout as something merely humorous.</p>
+<p>There were just as many unhappy marriages
+formerly in proportion to the population as there
+are to-day; but the wife was held effectually from
+application for a divorce not only by rigid laws
+but by the sentiment of society, which ostracised
+<a name="Page_286"></a>a divorced woman, and furthermore by her lack
+of means and of opportunity for earning an independent
+livelihood. To-day women are not
+inclined to tolerate a husband who is brutal or
+debauched. Alarmists make a mistake when
+they place too much emphasis on the seeming
+triviality of the reasons, justifying their course,
+which wives advance when applying for a separation.
+For example, the phrase "incompatibility
+of temperament" is in a great number of cases
+merely a euphemism for something much worse.
+The clergy will counsel a woman to bear with what
+they call Christian resignation a husband addicted
+to drink or scarred by the diseases that
+are a consequence of sin. Abstractly considered,
+this may conceivably be good advice. But viewed
+in a common-sense way it is the duty of a woman
+to reflect on the consequences of conceiving children
+from such a man; and the researches of physicians
+will furnish her with incontrovertible facts
+regarding the impaired health of the offspring of
+such a union. A law which would permit of no
+divorce under such conditions, instead of benefiting
+the state, would injure it in its most
+vital asset&#8212;healthy children, the coming citizens.
+Doubtless the divorce laws in many States are
+too lax. But sweeping generalities based on
+theory will not remedy matters. Divorce may
+simply be a symptom, not a disease; a revolt
+against unjust conditions; and the way to do away
+with divorce or reduce the frequency of it is to
+<a name="Page_287"></a>remedy the evil social conditions which, in a
+great many instances, are responsible.</p>
+<p>The fact is, the institution of marriage is going
+through a crisis. The old view that marriage
+is a complete merging of the wife in the husband
+and that the latter is absolute monarch of his
+home is being questioned. When a man with
+this idea and a woman with a far different one
+marry, there is likely to be a clash. Marriage
+as a real partnership based on equality of goods
+and of interests finds an increasing number of
+advocates. There is great reason to believe
+that the issue will be only for the good and that
+from doubt and revolt a more enduring ideal will
+arise, based on a sure foundation of perfect
+understanding.</p>
+<br>
+
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_415"></a><a href="#FNanchor_415">[415]</a>
+<div class="note">
+<p> See an excellent article on "The American Woman" by
+Miss Ida M. Tarbell, in the <i>American Magazine</i> for April, 1910.</p>
+</div>
+<a name="Footnote_416"></a><a href="#FNanchor_416">[416]</a>
+<div class="note">
+<p> In 1893. "Be it resolved by the Second Legislature of the
+State of Wyoming:
+</p>
+<p>"That the possession and exercise of suffrage by the women of
+Wyoming for the past quarter of a century has wrought no
+harm and has done great good in many ways; that it has largely
+aided in banishing crime, pauperism, and vice from this State,
+and that without any violent and oppressive legislation," etc.</p>
+</div>
+<a name="Footnote_417"></a><a href="#FNanchor_417">[417]</a>
+<div class="note">
+<p> Women in Colorado have been of greatest service in establishing
+the following laws:
+</p>
+<p>1&#8212;Establishing a State Home for dependent children, three
+of the five members of the board to be women.
+</p>
+<p>2&#8212;Requiring that at least three of the six members of the
+county visitors shall be women.
+</p>
+<p>3&#8212;Making mothers joint guardians of their children with the
+fathers.
+</p>
+<p>4&#8212;Raising the age of protection for girls to 18 years.
+</p>
+<p>5&#8212;Establishing a State Industrial School for girls. There had
+long been one for boys, but the women could not get one for
+girls until they had the vote.
+</p>
+<p>6&#8212;Removing the emblems from the Australian ballots.
+This is a little, indirect step toward educational qualifications
+for voting.
+</p>
+<p>7&#8212;Establishing the indeterminate sentence for prisoners.
+</p>
+<p>8&#8212;Requiring one physician on the board of the Insane Asylum
+to be a woman.
+</p>
+<p>9&#8212;Establishing truant schools.
+</p>
+<p>10&#8212;Making better provision for the care of the feeble-minded.
+</p>
+<p>11&#8212;For tree preservation.
+</p>
+<p>12&#8212;For the inspection of private eleemosynary institutions by
+the State Board of Charities.
+</p>
+<p>13&#8212;Various steps toward prevention of cruelty to animals.
+</p>
+<p>14&#8212;Providing that foreign life and accident insurance companies,
+when sued, must pay the costs.
+</p>
+<p>15&#8212;Establishing a juvenile court.
+</p>
+<p>16&#8212;Making education compulsory for all children between
+the ages of 8 and 16, except those who are ill or those who are
+14 and have completed the eighth grade, or those whose parents
+need their help and support.
+</p>
+<p>17&#8212;Making the mother and father joint heirs of a deceased
+child.
+</p>
+<p>18&#8212;Providing for union high schools.
+</p>
+<p>19&#8212;Establishing a State travelling library commission.
+</p>
+<p>20&#8212;Providing that any person employing a child under 14
+in any mine, mill, or factory be punished by imprisonment in
+addition to a fine.
+</p>
+<p>21&#8212;Requiring the joint signature of the husband and wife to
+a mortgage of a homestead.
+</p>
+<p>22&#8212;Forbidding the insuring of the lives of children under 10.
+</p>
+<p>23&#8212;Forbidding children of 16 or under to work more than six
+hours a day in any mill, factory, or other occupation that may
+be unhealthful.
+</p>
+<p>24&#8212;Making it a criminal offence to contribute to the delinquency
+of children&#8212;the parental responsibility act.
+</p>
+<p>25&#8212;Making it a misdemeanour to fail to support aged or infirm
+parents.
+</p>
+<p>26&#8212;Providing that no woman shall work more than eight
+hours a day at work requiring her to be on her feet.
+</p>
+<p>27&#8212;Restricting the time for shooting doves.
+</p>
+<p>28&#8212;Abolishing the binding out of girls committed to the Industrial
+School until the age of 21.
+</p>
+<p>29&#8212;A pure food law in harmony with the national law.</p>
+</div>
+<a name="Footnote_418"></a><a href="#FNanchor_418">[418]</a>
+<div class="note">
+<p> In the <i>Boston Herald</i> for June 4, 1910.</p>
+</div>
+<a name="Footnote_419"></a><a href="#FNanchor_419">[419]</a>
+<div class="note">
+<p> Quoted in the <i>New York Times</i> of Jan. 9, 1910.</p>
+</div>
+<a name="Footnote_420"></a><a href="#FNanchor_420">[420]</a>
+<div class="note">
+<p> See, for example, Lyman Abbott in the <i>Outlook</i> for Feb. 19,
+1910.</p>
+</div>
+<a name="Footnote_421"></a><a href="#FNanchor_421">[421]</a>
+<div class="note">
+<p> <i>American Magazine</i>, July, 1909.</p>
+</div>
+<a name="Footnote_422"></a><a href="#FNanchor_422">[422]</a>
+<div class="note">
+<p> <i>History of European Morals</i>, vol. ii, pp. 379 and following.
+New York, D. Appleton &amp; Co., 1869.</p>
+</div>
+<a name="Footnote_423"></a><a href="#FNanchor_423">[423]</a>
+<div class="note">
+<p> Note, for example, that in Maryland a man can get a divorce
+if his wife has had sexual intercourse before marriage; <i>but a wife
+cannot get a divorce from her husband if he has been guilty of the
+same thing</i>. In Texas, adultery on the part of the wife entitles
+the husband to a divorce; but the wife can obtain divorce from
+her husband only if he has <i>abandoned</i> her and <i>lived</i> in
+adultery
+with another woman.</p>
+</div>
+<a name="Footnote_424"></a><a href="#FNanchor_424">[424]</a>
+<div class="note">
+<p> On Jan. 12, 1910, a bill was introduced in the House of
+Representatives to check the "White Slave Traffic" by providing
+a penalty of ten years' imprisonment and a fine of five
+thousand dollars for any one who engages in it.</p>
+</div>
+<a name="Footnote_425"></a><a href="#FNanchor_425">[425]</a>
+<div class="note">
+<p> In some it is even lower; <i>ten</i> in Georgia and Mississippi
+for
+example.</p>
+</div>
+<a name="Footnote_426"></a><a href="#FNanchor_426">[426]</a>
+<div class="note">
+<p> In <i>Collier's Weekly</i>, Feb. 5, 1910.</p>
+</div>
+<a name="Footnote_427"></a><a href="#FNanchor_427">[427]</a>
+<div class="note">
+<p> Note what the officers of the Chicago Juvenile Protective
+Association,
+many of whom are women, accomplished in 1909-1910.
+These women are fighting the agencies which make for juvenile
+crime mostly and each officer has a specified "beat" to patrol.
+Last year their work amounted to the following:
+</p>
+<br>
+<br>
+<br>
+<table summary="" cellspacing="0" cellpadding="1"
+ style="width: 600px; height: 700px;" border="1">
+  <tbody>
+    <tr>
+      <td>Complaints of selling liquors to minors investigated</td>
+      <td style="text-align: right; width: 10%;"> 295</td>
+    </tr>
+    <tr>
+      <td>Complaints of selling tobacco to minors investigated</td>
+      <td style="text-align: right; width: 10%;"> 52</td>
+    </tr>
+    <tr>
+      <td>Complaints of selling obscene postcards investigated</td>
+      <td style="text-align: right; width: 10%;"> 49</td>
+    </tr>
+    <tr>
+      <td>Complaints of poolrooms investigated</td>
+      <td style="text-align: right; width: 10%;"> 203</td>
+    </tr>
+    <tr>
+      <td>Complaints of dance halls investigated </td>
+      <td style="text-align: right; width: 10%;">92</td>
+    </tr>
+    <tr>
+      <td>Five and ten cent theatres visited</td>
+      <td style="text-align: right; width: 10%;"> 1,013</td>
+    </tr>
+    <tr>
+      <td>Penny arcades visited</td>
+      <td style="text-align: right; width: 10%;"> 67</td>
+    </tr>
+    <tr>
+      <td>Saloons visited </td>
+      <td style="text-align: right; width: 10%;">735</td>
+    </tr>
+    <tr>
+      <td>Relief visits </td>
+      <td style="text-align: right; width: 10%;">174</td>
+    </tr>
+    <tr>
+      <td>Cases referred to relief organisations </td>
+      <td style="text-align: right; width: 10%;">374</td>
+    </tr>
+    <tr>
+      <td>Legal aid cases referred </td>
+      <td style="text-align: right; width: 10%;">105</td>
+    </tr>
+    <tr>
+      <td>Referred to Visiting Nurses' Association</td>
+      <td style="text-align: right; width: 10%;">7</td>
+    </tr>
+    <tr>
+      <td>Housing cases referred</td>
+      <td style="text-align: right; width: 10%;">51</td>
+    </tr>
+    <tr>
+      <td>Applications for work referred</td>
+      <td style="text-align: right; width: 10%;"> 264</td>
+    </tr>
+    <tr>
+      <td>Placed in hospitals</td>
+      <td style="text-align: right; width: 10%;"> 103</td>
+    </tr>
+    <tr>
+      <td>Sent to dispensaries </td>
+      <td style="text-align: right; width: 10%;">192</td>
+    </tr>
+    <tr>
+      <td>Children placed in homes </td>
+      <td style="text-align: right; width: 10%;">240</td>
+    </tr>
+    <tr>
+      <td>Slot machines removed </td>
+      <td style="text-align: right; width: 10%;">223</td>
+    </tr>
+    <tr>
+      <td>Work found for men </td>
+      <td style="text-align: right; width: 10%;">57</td>
+    </tr>
+    <tr>
+      <td>Work found for women</td>
+      <td style="text-align: right; width: 10%;"> 81</td>
+    </tr>
+    <tr>
+      <td>Work found for boys</td>
+      <td style="text-align: right; width: 10%;"> 84</td>
+    </tr>
+    <tr>
+      <td>Work found for girls</td>
+      <td style="text-align: right; width: 10%;"> 90</td>
+    </tr>
+    <tr>
+      <td>Visits to ice-cream parlors </td>
+      <td style="text-align: right; width: 10%;">356</td>
+    </tr>
+    <tr>
+      <td>Visits to candy stores </td>
+      <td style="text-align: right; width: 10%;">805</td>
+    </tr>
+  </tbody>
+</table>
+<br>
+<table summary="" border="1" style="width: 600px; height: 230px;" cellpadding="1"
+ cellspacing="0">
+  <tbody>
+    <tr>
+      <td style="font-weight: bold;">VISITS TO COURTS</td>
+      <td style="vertical-align: top; text-align: right; width: 10%;"><br>
+      </td>
+    </tr>
+    <tr>
+      <td>Juvenile </td>
+      <td style="text-align: right; width: 10%;">451</td>
+    </tr>
+    <tr>
+      <td>Municipal </td>
+      <td style="text-align: right; width: 10%;">1,809</td>
+    </tr>
+    <tr>
+      <td>Criminal </td>
+      <td style="text-align: right; width: 10%;">211</td>
+    </tr>
+    <tr>
+      <td>County</td>
+      <td style="text-align: right; width: 10%;"> 86</td>
+    </tr>
+    <tr>
+      <td>Grand Jury </td>
+      <td style="text-align: right; width: 10%;">26</td>
+    </tr>
+    <tr>
+      <td>Conferences with state or city officials </td>
+      <td style="text-align: right; width: 10%;">1,244</td>
+    </tr>
+  </tbody>
+</table>
+<br>
+<table summary="" border="1" style="width: 600px; height: 423px;" cellpadding="1"
+ cellspacing="0">
+  <tbody>
+    <tr>
+      <td style="font-weight: bold;">PROSECUTIONS</td>
+      <td style="vertical-align: top; text-align: right; width: 10%;"><br>
+      </td>
+    </tr>
+    <tr>
+      <td>Cases of abandonment </td>
+      <td style="text-align: right; width: 10%;">99</td>
+    </tr>
+    <tr>
+      <td>Assault and battery </td>
+      <td style="text-align: right; width: 10%;">8</td>
+    </tr>
+    <tr>
+      <td>Contributing to delinquency and dependency of children</td>
+      <td style="text-align: right; width: 10%;">232</td>
+    </tr>
+    <tr>
+      <td>Crimes against children </td>
+      <td style="text-align: right; width: 10%;">12</td>
+    </tr>
+    <tr>
+      <td>Disorderly conduct </td>
+      <td style="text-align: right; width: 10%;">141</td>
+    </tr>
+    <tr>
+      <td>Immoral dancing </td>
+      <td style="text-align: right; width: 10%;">4</td>
+    </tr>
+    <tr>
+      <td>Intoxicating liquors </td>
+      <td style="text-align: right; width: 10%;">33</td>
+    </tr>
+    <tr>
+      <td>Juvenile Court cases </td>
+      <td style="text-align: right; width: 10%;">78</td>
+    </tr>
+    <tr>
+      <td>Larceny </td>
+      <td style="text-align: right; width: 10%;">4</td>
+    </tr>
+    <tr>
+      <td>Tobacco </td>
+      <td style="text-align: right; width: 10%;">10</td>
+    </tr>
+    <tr>
+      <td>Sale of cocaine</td>
+      <td style="text-align: right; width: 10%;"> 4</td>
+    </tr>
+    <tr>
+      <td>Other cases</td>
+      <td style="text-align: right; width: 10%;"> 110</td>
+    </tr>
+    <tr>
+      <td>Total prosecutions </td>
+      <td style="text-align: right; width: 10%;">738</td>
+    </tr>
+  </tbody>
+</table>
+<br>
+<table summary="" border="1" style="width: 600px; height: 263px;" cellpadding="1"
+ cellspacing="0">
+  <tbody>
+    <tr style="font-weight: bold;" align="left">
+      <td>RESULTS</td>
+    </tr>
+    <tr>
+      <td style="text-align: left;">Convictions </td>
+      <td style="text-align: right; width: 10%;">311</td>
+    </tr>
+    <tr>
+      <td style="text-align: left;">Settled out of court</td>
+      <td style="text-align: right; width: 10%;">100</td>
+    </tr>
+    <tr>
+      <td style="text-align: left;">Nolle pros, or nonsuit </td>
+      <td style="text-align: right; width: 10%;">52</td>
+    </tr>
+    <tr>
+      <td style="text-align: left;">Dismissed </td>
+      <td style="text-align: right; width: 10%;">93</td>
+    </tr>
+    <tr>
+      <td style="text-align: left;">Acquittals </td>
+      <td style="text-align: right; width: 10%;">50</td>
+    </tr>
+    <tr>
+      <td style="text-align: left;">Pending </td>
+      <td style="text-align: right; width: 10%;">92</td>
+    </tr>
+    <tr align="left">
+      <td><br>
+      </td>
+    </tr>
+    <tr>
+      <td style="text-align: left; font-weight: bold;">Total complaints
+received </td>
+      <td style="text-align: right; font-weight: bold; width: 10%;">5,047</td>
+    </tr>
+  </tbody>
+</table>
+<br>
+<br>
+</div>
+<hr style="width: 65%;">
+<a name="CHAPTER_X"></a>
+<h2><a name="Page_288"></a>CHAPTER X</h2>
+<h2>FURTHER CONSIDERATIONS</h2>
+<br>
+<p>In the four years intervening since this book was
+first written, the progress of equal rights for
+women has been so rapid that the summary on
+pages 175-235 is now largely obsolete; but it is
+useful for comparison. In the United States at
+present (August, 1914), Wyoming, Colorado,
+Utah, Idaho, Washington, California, Oregon,
+Kansas, Arizona, and Alaska have granted full
+suffrage to women. In the following States the
+voters will pass upon the question in the autumn
+of 1914: Montana, Nevada, North Dakota, South
+Dakota, Missouri, Nebraska, and Ohio, the last
+three by initiative petition. In New Jersey,
+Pennsylvania, Iowa, New York, and Massachusetts
+a constitutional amendment for equal suffrage
+has passed one legislature and must pass
+another before being submitted to the people.
+The advance has been world-wide. Thus, in 1910
+the Gaekwar of Baroda in India allowed the women
+of his dominions a vote in municipal elections, and
+Bosnia bestowed the parliamentary suffrage on
+women who owned a certain amount of real estate;
+Norway in 1913 and Iceland in 1914 were won to
+<a name="Page_289"></a>full suffrage. The following table presents a
+convenient historical summary of the progress in
+political rights:</p>
+<div class="blkquot">
+<p>On July 2, 1776, two days before the Declaration of Independence
+was signed, New Jersey, in her first State constitution, enfranchised
+the women by changing the words of her provincial
+charter from "Male freeholders worth &pound;50" to "<i>all inhabitants</i>
+worth &pound;50," and for 31 years the women of that State voted.</p>
+</div>
+<p style="font-weight: bold; text-align: center;">GAINS IN EQUAL
+SUFFRAGE</p>
+<div class="blkquot">
+<p>Eighty years ago women could not vote anywhere, except to
+a very limited extent in Sweden and in a few other places in the
+Old World.<br>
+<br>
+</p>
+</div>
+<br>
+<table summary="" style="width: 800px; height: 4139px;" border="1" cellpadding="1"
+ cellspacing="0">
+  <tbody>
+    <tr>
+      <td style="font-weight: bold;">TIME</td>
+      <td style="font-weight: bold;"> PLACE </td>
+      <td style="font-weight: bold;">KIND OF SUFFRAGE</td>
+    </tr>
+    <tr>
+      <td>1838</td>
+      <td> Kentucky </td>
+      <td>School suffrage to widows with children of school age.</td>
+    </tr>
+    <tr>
+      <td>1850 </td>
+      <td>Ontario </td>
+      <td>School suffrage, women married and single</td>
+    </tr>
+    <tr>
+      <td>1861 </td>
+      <td>Kansas </td>
+      <td>School suffrage.</td>
+    </tr>
+    <tr>
+      <td>1867 </td>
+      <td>New South Wales </td>
+      <td>Municipal suffrage.</td>
+    </tr>
+    <tr>
+      <td>1869 </td>
+      <td>England </td>
+      <td>Municipal suffrage, single women and widows<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Victoria </td>
+      <td>Municipal suffrage, married and single women<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Wyoming </td>
+      <td> Full
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1871</td>
+      <td> West Australia </td>
+      <td>Municipal suffrage.</td>
+    </tr>
+    <tr>
+      <td>1875 </td>
+      <td>Michigan </td>
+      <td>School suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Minnesota </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td>1876 </td>
+      <td>Colorado </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1877</td>
+      <td> New Zealand </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1878 </td>
+      <td>New Hampshire </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Oregon </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td>1879 </td>
+      <td>Massachusetts </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1880</td>
+      <td> New York </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Vermont </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>South Australia </td>
+      <td>Municipal suffrage.</td>
+    </tr>
+    <tr>
+      <td>1881 </td>
+      <td>Scotland</td>
+      <td> Municipal suffrage to the single women and widows<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Isle of Man </td>
+      <td>Parliamentary
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1883 </td>
+      <td>Nebraska </td>
+      <td>School suffrage.</td>
+    </tr>
+    <tr>
+      <td>1884 </td>
+      <td>Ontario </td>
+      <td>Municipal suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Tasmania </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1886</td>
+      <td> New Zealand </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>New Brunswick </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1887</td>
+      <td> Kansas </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Nova Scotia </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Manitoba </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>North Dakota </td>
+      <td>School
+suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>South Dakota </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1887 </td>
+      <td>Montana </td>
+      <td>School suffrage</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Arizona </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>New Jersey </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Montana </td>
+      <td> Tax-paying
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1888 </td>
+      <td>England </td>
+      <td>County suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>British Columbia</td>
+      <td> Municipal
+Suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Northwest Territory </td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1889</td>
+      <td>Scotland</td>
+      <td>County suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Province of Quebec</td>
+      <td>Municipal
+suffrage, single women and widows<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1891 </td>
+      <td>Illinois</td>
+      <td>School suffrage.</td>
+    </tr>
+    <tr>
+      <td>1893 </td>
+      <td>Connecticut </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Colorado</td>
+      <td>Full suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>New Zealand </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td>1894 </td>
+      <td>Ohio</td>
+      <td> School suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Iowa</td>
+      <td>Bond suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>England</td>
+      <td>Parish and
+district suffrage, married and single women.<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1895 </td>
+      <td>South Australia </td>
+      <td> Full State suffrage.</td>
+    </tr>
+    <tr>
+      <td>1896 </td>
+      <td>Utah</td>
+      <td> Full suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Idaho </td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td>1898 </td>
+      <td>Ireland</td>
+      <td>All offices except members of Parliament.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Minnesota </td>
+      <td> Library
+trustees.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Delaware</td>
+      <td> School
+suffrage to tax-paying women.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>France</td>
+      <td>Women
+engaged in commerce can vote for judges of the tribunal of commerce.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Louisiana </td>
+      <td>Tax-paying
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1900 </td>
+      <td>Wisconsin </td>
+      <td>School suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>West Australia</td>
+      <td>Full State
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1901 </td>
+      <td>New York</td>
+      <td>Tax-paying suffrage; local taxation in all towns and villages
+of the State.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Norway</td>
+      <td>Municipal
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1902 </td>
+      <td>Australia</td>
+      <td>Full suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>New South Wales</td>
+      <td>Full State
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1903</td>
+      <td> Kansas</td>
+      <td>Bond suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Tasmania</td>
+      <td> Full State
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1905 </td>
+      <td>Queensland</td>
+      <td>Do.</td>
+    </tr>
+    <tr>
+      <td>1906 </td>
+      <td>Finland</td>
+      <td>Full suffrage; eligible for all offices.</td>
+    </tr>
+    <tr>
+      <td>1907 </td>
+      <td>Norway</td>
+      <td>Full parliamentary suffrage to the 300,000 who already had
+municipal suffrage.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Sweden</td>
+      <td>Eligible to
+municipal offices.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Denmark </td>
+      <td> Can vote
+for members of boards of public charities and serve on such boards.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>England </td>
+      <td> Eligible as
+mayors, aldermen, and county and town concilors.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Oklahoma</td>
+      <td> New State
+continued school suffrage for women.<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1908 </td>
+      <td>Michigan</td>
+      <td> Taxpayers to vote on question of local taxation and granting
+of franchises.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Denmark</td>
+      <td>Women who
+are taxpayers or wives of taxpayers vote for all offices except of
+members of Parliament.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Victoria</td>
+      <td> Full State
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1909 </td>
+      <td>Belgium </td>
+      <td> Can vote for members of the conseils des prudhommes, and
+also eligible.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Province of Voralberg (Austrian Tyrol) </td>
+      <td>Single
+women and widows paying taxes were given a vote.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Ginter Park, VA</td>
+      <td>Tax-paying
+women, a vote on all municipal questions.<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1910 </td>
+      <td>Washington</td>
+      <td> Full suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>New Mexico</td>
+      <td>School
+suffrage.</td>
+    </tr>
+    <tr>
+      <td>1910 </td>
+      <td>Norway</td>
+      <td> Municipal suffrage made universal.<br>
+Three-fifths of the women had it before.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Bosnia</td>
+      <td> Parliamentary
+vote to women owning a certain amount of real estate.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Diet of the Crown Prince of Krain (Austria)<br>
+      </td>
+      <td>Suffrage to the
+women of its capital city Laibach.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>India (Gaekwar of Baroda)<br>
+      </td>
+      <td>Women in his
+dominions vote in municipal elections.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Wurttemberg </td>
+      <td>Women engaged in
+agriculture vote for Kingdom of members of the chamber of agriculture;
+also eligible.<br>
+      </td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>New York</td>
+      <td>Women in all
+towns, villages and third-class cities vote on bonding propositions.<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1911 </td>
+      <td>California</td>
+      <td>Full suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Honduras</td>
+      <td>Municipal
+suffrage in capital city, Belize.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Iceland</td>
+      <td>Parliamentary
+suffrage for women over 25 years.<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1912 </td>
+      <td>Oregon</td>
+      <td> Full suffrage.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Arizona</td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Kansas</td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td>1913 </td>
+      <td>Alaska</td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Norway</td>
+      <td> Do.</td>
+    </tr>
+    <tr>
+      <td><br>
+      </td>
+      <td>Illinois</td>
+      <td>Suffrage for
+statutory officials (including presidential electors and municipal
+officers).<br>
+      </td>
+    </tr>
+    <tr>
+      <td>1914 </td>
+      <td>Iceland </td>
+      <td>Full suffrage.</td>
+    </tr>
+  </tbody>
+</table>
+<br>
+<br>
+<a name="Page_291"></a>In the United States the struggle for the
+franchise
+has entered national politics, a sure sign of
+its widening scope. The demand for equal suffrage
+was embodied in the platform of the Progressive
+Party in August, 1912. This marks an advance
+over Col. Roosevelt's earlier view, expressed in
+the <i>Outlook</i> of February 3, 1912, when he said:
+"I believe in woman's suffrage wherever the
+women want it. Where they do not want it, the
+suffrage should not be forced upon them." When
+the new administration assumed office in March,
+1913, the friends of suffrage worked to secure a
+constitutional amendment which should make
+votes for women universal in the United States.
+<a name="Page_292"></a>The inauguration ceremonies were marred by an
+attack of hoodlums on the suffrage contingent of
+the parade. Mr. Hobson in the House denounced
+the outrage and mentioned the case of a young
+lady, the daughter of one of his friends, who was
+insulted by a ruffian who climbed upon the float
+where she was. Mr. Mann, the Republican minority
+leader, remarked in reply that her daughter
+ought to have been at home. Commenting on
+this dialogue, <i>Collier's Weekly</i> of April 5, 1913,
+recalled the boast inscribed by Rameses III of
+Egypt on his monuments, twelve hundred years
+before Christ: "To unprotected women there is
+freedom to wander through the whole country
+wheresoever they list without apprehending danger."
+If one works this out chronologically,
+said the editor, Mr. Mann belongs somewhere
+back in the Stone Age. In the Senate an active
+committee on woman suffrage was formed under
+the chairmanship of Mr. Thomas, of Colorado.
+The vote on the proposed new amendment was
+taken in the Senate on March 19, 1914, and it
+was rejected,<a name="FNanchor_428"></a><a href="#Footnote_428"><sup>[428]</sup></a>
+35 to 34, two-thirds being necessary
+<a name="Page_293"></a>before the measure could be submitted to the
+States for ratification. In the House Mr. Underwood,
+Democratic minority leader, took the stand
+that suffrage was purely a State issue. Mr.
+Heflin of Alabama was particularly vigorous in
+denunciation of votes for women. He said<a name="FNanchor_429"></a><a
+ href="#Footnote_429"><sup>[429]</sup></a>:
+<p>"I do not believe that there is a red-blooded
+man in the world who in his heart really believes
+in woman suffrage. I think that every man who
+favours it ought to be made to wear a dress. Talk
+about taxation without representation! Do you
+say that the young man who is of age does not
+represent his mother? Do you say that the young
+man who pledges at the altar to love, cherish, and
+protect his wife, does not represent her and his
+children when he votes? When the Christ of God
+came into this world to die for the sins of humanity,
+did he not die for all, males and females?
+What sort of foolish stuff are you trying to inject
+into this tariff debate?... There are trusts and
+monopolies of every kind, and these little feminine
+fellows are crawling around here talking about
+woman suffrage. I have seen them here in this
+Capitol. The suffragette and a little henpecked
+fellow crawling along beside her; that is her husband.
+She is a suffragette, and he is a mortal
+suffering yet."</p>
+<p><a name="Page_294"></a>Mr. Falconer of Washington rose in reply. He
+remarked:<a name="FNanchor_430"></a><a href="#Footnote_430"><sup>[430]</sup></a></p>
+<p>"I want to observe that the mental operation
+of the average woman in the State of Washington,
+as compared to the ossified brain operation of the
+gentleman from Alabama, would make him look
+like a mangy kitten in a tiger fight. The average
+woman in the State of Washington knows more
+about social economics and political economy in
+one minute than the gentleman from Alabama has
+demonstrated to the members of this House that
+he knows in five minutes."</p>
+<p>On February 2, 1914, a delegation of women
+called upon President Wilson to ascertain his
+views. The President refused to commit himself.
+He was not at liberty, he said, to urge upon
+Congress policies which had not the endorsement
+of his party's platform; and as the representative
+of his party he was under obligations not to promulgate
+or intimate his individual convictions.
+On February 3, 1914, the Democrats of the House
+in caucus, pursuant to a resolution of Mr. Heflin,
+refused to create a woman suffrage committee.
+So the constitutional amendment was quite lost.
+In the following July Mr. Bryan suddenly issued
+a strong appeal for equal suffrage in the <i>Commoner</i>.
+Among his arguments were these:</p>
+<p>"As man and woman are co-tenants of the earth
+and must work out their destiny together, the
+presumption is on the side of equality of treatment
+<a name="Page_295"></a>in all that pertains to their joint life and its
+opportunities.
+The burden of proof is on those who
+claim for one an advantage over the other in determining
+the conditions under which both shall
+live. This claim has not been established in the
+matter of suffrage. On the contrary, the objections
+raised to woman suffrage appear to me to be
+invalid, while the arguments advanced in support of
+the proposition are, in my judgment, convincing."</p>
+<p>"Without minimising other arguments advanced
+in support of the extending of suffrage to
+woman, I place the emphasis upon the mother's
+right to a voice in molding the environment which
+shall surround her children&#8212;an environment
+which operates powerfully in determining whether
+her offspring will crown her latter years with joy
+or 'bring down her gray hairs in sorrow to the
+grave.'</p>
+<p>"For a time I was imprest by the suggestion
+that the question should be left to the women to
+decide&#8212;a majority to determine whether the
+franchise should be extended to woman; but I find
+myself less and less disposed to indorse this test....
+Why should any mother be denied the use
+of the franchise to safeguard the welfare of her
+child merely because another mother may not
+view her duty in the same light?"</p>
+<p>The change in the status of women has been
+significant not only in the political field, but also
+in every other direction. A brief survey of the
+legislation of various States in the past year, 1913,
+<a name="Page_296"></a>reveals the manifold measures already adopted
+for
+the further protection of women and indicates
+the trend of laws in the near future. Acts were
+passed in Arkansas, Kansas, Missouri, New Mexico,
+and Ohio to punish the seduction of girls and women
+for commercialised vice, the laws being known
+as "White Slave Acts"; laws for the abatement
+of disorderly houses were passed in California,
+Minnesota, Oregon, Pennsylvania, and Washington;
+Oregon decreed that male applicants for a
+marriage license must produce a physician's certificate
+showing freedom from certain diseases;
+and it authorised the sterilisation of habitual
+criminals and degenerates. The necessity of
+inculcating chastity in the newer generation,
+whether through the teaching of sex hygiene in
+the schools or in some other form, was widely
+discussed throughout the country. Mothers' pensions
+were granted by fourteen States; minimum
+wage boards were established by three; and three
+passed laws for the punishment of family desertion,
+in such wise that the family of the offender
+should receive a certain daily sum from the State
+while he worked off his sentence. Tennessee removed
+the disability of married women arising
+from coverture. Ten States further limited the
+hours of labour for women in certain industries,
+the tendency being to fix the limit at fifty-four
+or fifty-eight hours a week with a maximum of
+nine or ten in any one day. The hours of labour
+of children and the age at which they are allowed
+<a name="Page_297"></a>to work were largely restricted. A National
+Children's Bureau, under the charge of Miss Julia
+Lathrope, has been created at Washington; and
+Mrs. J. Borden Harriman was appointed to the
+Industrial Relations Commission. The minuteness
+and thoroughness of modern legislation for
+the protection of women may be realised by noting
+that in 1913 alone New York passed laws that no
+girl under sixteen shall in any city of the first,
+second, or third class sell newspapers or magazines
+or shine shoes in any street or public place; that
+separate wash rooms and dressing rooms must be
+provided in factories where more than ten women
+are employed; that whenever an employer requires
+a physical examination, the employee, if a
+female, can demand a physician of her own sex;
+that the manufacture or repair for a factory of
+any article of food, dolls' clothing, and children's
+apparel in a tenement house be prohibited except
+by special permit of the Labor Commission; that
+the State Industrial Board be authorised to make
+special rules and regulations for dangerous employments;
+and that the employment of women
+in canning establishments be strictly limited
+according to prescribed hours.</p>
+<p>The unmistakable trend of legislation in the
+United States is towards complete equality of the
+sexes in all moral, social, industrial, professional,
+and political activities.</p>
+<p>In England the House of Commons rejected
+parliamentary suffrage for women. Incensed at
+<a name="Page_298"></a>the repeated chicanery of politicians who
+alternately
+made and evaded their promises, a group
+of suffragettes known as the "militants" resorted
+to open violence. When arrested for damaging
+property, they went on a "hunger strike," refusing
+all nourishment. This greatly embarrassed
+the government, which in 1913 devised the so-called
+"Cat and Mouse Act," whereby those who
+are in desperate straits through their refusal to eat
+are released temporarily and conditionally, but
+can be rearrested summarily for failure to comply
+with the terms of their parole. The weakness in
+the attitude of the militant suffragettes is their
+senseless destruction of all kinds of property and
+the constant danger to which they subject innocent
+people by their outrages. If they would confine
+themselves to making life unpleasant for those who
+have so often broken their pledges, they could
+stand on surer ground. The English are commonly
+regarded as an orderly people, especially
+by themselves. Nevertheless, it is true that hardly
+any great reform has been achieved in England
+without violence. The men of England did not
+secure the abolition of the "rotten-borough"
+system and extensive manhood suffrage until, in
+1831, they smashed the windows of the Duke of
+Wellington's house, burned the castle of the Duke
+of Newcastle, and destroyed the Bishop's palace
+at Bristol. In 1839 at Newport twenty chartists
+were shot in an attempt to seize the town; they
+were attempting to secure reforms like the aboli<a name="Page_299"></a>tion
+of property qualifications for members of
+Parliament. The English obtained the permanent
+tenure of their "immemorial rights" only by
+beheading one king and banishing another. In
+our own country, the Boston Tea Party was a
+typical "militant outrage," generally regarded
+as a fine piece of patriotism. If the tradition of
+England is such that violence must be a preliminary
+to all final persuasion, perhaps censure of
+the militants can find some mitigation in that fact.
+Some things move very slowly in England. In
+1909 a commission was appointed to consider reform
+in divorce. Under the English law a husband
+can secure a divorce for infidelity, but a
+woman must, in addition to adultery, prove aggravated
+cruelty. This is humorously called
+"British fair play." In November, 1912, the
+majority of the commission recommended that
+this inequality be removed and that the sexes be
+placed on an equal footing; and that in addition
+to infidelity, now the only cause for divorce allowed,
+complete separation be also granted for
+desertion for three years, incurable insanity, and
+incurable habitual drunkenness. The majority,
+nine commissioners, found that the present stringent
+restrictions and costliness of divorce are
+productive of immorality and illicit relations,
+particularly among the poorer classes. The majority
+report was opposed by the three minority
+members, the Archbishop of York, Sir William
+Anson, and Sir Lewis Dibdin, representing the
+<a name="Page_300"></a>Established Church of England and the Roman
+Catholic Church. Thus far, Parliament has not
+yet acted and the old law is still in force.</p>
+<p>On the Continent, with the exception of a few
+places like Finland, the movement for equal
+suffrage, while earnestly pressed by a few, is not
+yet concentrated. Women have won their rights
+to higher education and are admitted to the
+universities. They can usually enter business
+and most of the professions. Inequities of civil
+rights are gradually being swept away. For
+example, in Germany a married woman has complete
+control of her property, but only if she specifically
+provided for it in the marriage contract;
+many German women are ignorant that they
+possess such a right. The Germans may be
+divided into two classes: the caste which rules,
+largely Prussian, militaristic, and bureaucratic;
+and that which, although desirous of more republican
+institutions and potentially capable of
+liberal views, is constrained to obey the first or
+ruling class. This upper class is not friendly
+to the modern women's-rights movement. Perhaps
+it has read too much Schopenhauer. This
+amiable philosopher, whose own mother could
+not endure living with him, has this to say of
+women<a name="FNanchor_431"></a><a href="#Footnote_431"><sup>[431]</sup></a>:</p>
+<p>"A woman who is perfectly truthful and does
+not dissemble, is perhaps an impossibility. In a
+<a name="Page_301"></a>court of justice women are more often found
+guilty
+of perjury than men.... Women are directly
+adapted to act as the nurses and educators of our
+early childhood, for the simple reason that they
+themselves are childish, foolish, and shortsighted.... Women
+are and remain, taken altogether,
+the most thorough and incurable Philistines; and
+because of the extremely absurd arrangement
+which allows them to share the position and title
+of their husbands they are a constant stimulus to
+his ignoble ambitions.... Where are there any
+real monogamists? We all live, at any rate for a
+time, and the majority of us always, in polygamy.... It
+is men who make the money, and not
+women; therefore women are neither justified in
+having unconditional possession of it nor capable
+of administering it.... That woman is by nature
+intended to obey, is shown by the fact that every
+woman who is placed in the unnatural position
+of absolute independence at once attaches herself
+to some kind of man, by whom she is controlled
+and governed; that is because she requires a
+master. If she is young, the man is a lover; if she
+is old, a priest."</p>
+<p>Essentially the opinion of Schopenhauer is that
+of the Prussian ruling class to-day. It is indisputable
+that in Germany, as elsewhere on the
+Continent, chastity in men outside of marriage is
+not expected, nor is the wife allowed to inquire
+into her husband's past. The bureaucratic German
+expects his wife to attend to his domestic
+<a name="Page_302"></a>comforts; he does not consult her in politics.
+The natural result when the masculine element
+has not counterchecks is bullying and coarseness.
+To find the coarseness, the reader can consult the
+stories in papers like the <i>Berliner Tageblatt</i> and
+much of the current drama; to observe the bullying,
+he will have to see it for himself, if he doubts
+it. This is not an indictment of the whole German
+people; it is an indictment of the militaristic-bureaucratic
+ruling class, which, persuaded of its
+divine inspiration and intolerant of criticism,<a name="FNanchor_432"></a><a
+ href="#Footnote_432"><sup>[432]</sup></a>
+has plunged the country into a devastating war.
+It is not unlikely that the end of the conflict will
+mark also the overthrow of the Hohenzollern
+dynasty. The spirit of the Germans of 1848, who
+labored unsuccessfully to make their country a
+republic, may awake again and realise its dreams.
+In concluding this chapter, I wish to enlarge
+somewhat upon the philosophy of suffrage as
+exhibited in the preceding chapter. The "woman's
+sphere" argument is still being worked
+overtime by anti-suffrage societies, whose members
+rather inconsistently leave their "sphere," the
+<a name="Page_303"></a>home, to harangue in public and buttonhole
+legislators
+to vote against the franchise for women.
+"A woman's place," says the sage Hennessy, "is
+in th' home, darning her husband's childher. I
+mean----" "I know what ye mean," says Mr.
+Dooley. "'Tis a favrite argument iv mine whin I
+can't think iv annything to say." A century ago,
+the home was the woman's sphere. To-day the
+man has deliberately dragged her out of it to
+work for him in factory and store because he can
+secure her labor more cheaply than that of men
+and is, besides, safer in abusing her when she has
+no direct voice in legislation. Are the manufacturers
+willing to send their 1,300,000 female employees
+back to their "sphere"? If they are not,
+but desire their labor, they ought in fairness to
+allow them the privileges of workmen&#8212;that is, of
+citizens, participating actively in the political,
+social, and economic development of the country.</p>
+<p>As women enter more largely into every profession
+and business, certain results will inevitably
+follow. We shall see first of all what pursuits are
+particularly adapted to them and which ones are
+not. It has already become apparent that as
+telephone and typewriter operators women, as a
+class, are better fitted than men. They have, in
+general, greater patience for details and quickness
+of perception in these fields. Similarly, in
+architecture some have already achieved conspicuous
+success. One who has observed the insufficient
+closet space in modern apartments and
+<a name="Page_304"></a>kitchenettes with the icebox in front of the
+stove,
+is inclined to wish that male architects would
+consult their mothers or wives more freely. In
+law and medicine results are not yet clear. We
+shall presently possess more extensive data in all
+fields for surer conclusions.</p>
+<p>A second result may be, that many women,
+instead of leaving the home, will be forced back
+into it. This movement will be accelerated if the
+granting of equal pay for equal work and a universal
+application of the minimum wage take
+place. There are a great number of positions,
+especially those where personality is not a vital
+factor, where employers will prefer women when
+they can pay them less; but if they must give equal
+pay, they will choose men. Hence the tendency
+of the movements mentioned is to throw certain
+classes of women back into the home. The home
+of the future, however, will have lost much of the
+drudgery and monotony once associated with it.
+The ingenious labor-saving devices, like the breadmixer,
+the fireless cooker, the vacuum cleaner,
+and the electric iron, the propagation of scientific
+knowledge in the rearing of children, and wider
+outlets for outside interests, will tend to make
+domestic life an exact science, a profession as
+important and attractive as any other.</p>
+<p>The home is not necessarily every woman's
+sphere and neither is motherhood. Neither is it
+every woman's congenital duty to make herself
+attractive to men. The "woman's pages" of
+<a name="Page_305"></a>newspapers, filled with gratuitous advice on
+these
+subjects, never tell men that their duty is fatherhood
+or that they should make themselves attractive
+or that their sphere is also the home. Until
+these one-sided points of view are adjusted to a
+more reasonable basis, we shall not reach an
+understanding. They are as unjust as the farmer
+who ploughs with a steam plow and lets his wife
+cart water from a distant well instead of providing
+convenient plumbing.</p>
+<p>Women who are fitted for motherhood and have
+a talent for it can enter it with advantage. There
+is a talent for motherhood exactly as there is for
+other things. Other women have genius which
+can be of greatest service to the community in
+other ways. They should have opportunity to
+find their sphere. If this is "Feminism," it is
+also simple justice. One reason that we are at
+sea in some of the problems of the women's-rights
+movement, is that the history of women has been
+mainly written by men. The question of motherhood,
+the sexual life of women, and the position
+of women as it has been or is likely to be affected
+by their sexual characteristics, must be more
+exactly ascertained before definite conclusions
+can be reached. At present there is too much
+that we don't know. We need more scientific
+investigations of the type of Mr. Havelock Ellis's
+admirable <i>Studies in the Psychology of Sex</i><a name="FNanchor_433"></a><a
+ href="#Footnote_433"><sup>[433]</sup></a>
+and less of pseudo-scientific lucubrations like Otto
+<a name="Page_306"></a>Weininger's <i>Sex and Character</i>. When
+human
+society has rid itself of the bogies and nightmares,
+superstitions and prejudices, which have borne
+upon it with crushing force, it will be in a better
+position to construct an ideal system of government.
+Meanwhile experiments are and must be
+made. Woman suffrage is not necessarily a reform;
+it is a necessary step in evolution.</p>
+<p>One venerable bogey I wish to dispose of before
+I close. It is that the Roman Empire was ruined
+and collapsed because the increasing liberty given
+to women and the equality granted the sexes under
+the Empire produced immorality that destroyed
+the State. The trouble with Rome was that it
+failed to grasp the fundamentals of economic law.
+Slavery, the concentration of land in a few hands,
+and the theory that all taxation has for its end the
+enriching of a select few, were the fallacies which,
+in the last analysis, caused the collapse of the
+Roman Empire. The luxury, immorality, and
+race-suicide which are popularly conceived to have
+been the immediate causes of Rome's decline and
+fall, were in reality the logical results, the inevitable
+attendant phenomena of a political system
+based on a false hypothesis. For when wealth
+was concentrated in a few hands, when there
+was no all-embracing popular education, all incentives
+to thrift, to private initiative, and hence
+to the development of the sturdy moral qualities
+which thrift and initiative cause and are the product
+of, were stifled. A nation can reach its
+<a name="Page_307"></a>maximum power only when, through the harmonious
+cooperation of all its parts, the initiative and
+talents of every individual have free scope, untrammeled
+by special privilege, to reach that sphere
+for which nature has designed him or her.</p>
+<p>NOTE: The official organ of the National American
+Woman Suffrage Association is <i>The Woman's
+Journal</i>, published weekly. The headquarters
+are at 505 Fifth Avenue, New York City.</p>
+<p>England has two organisations which differ
+in methods. The National Union of Women's
+Suffrage Societies has adopted the constitutional
+or peaceful policy; it publishes <i>The Common Cause</i>,
+a weekly, at 2 Robert Street, Adelphi, W.C.,
+London. The "militant" branch of suffragettes
+forms the National Women's Social and Political
+Union, and its weekly paper is <i>Votes for Women</i>,
+Lincoln's Inn House, Kingsway, W.C.</p>
+<p>The International Woman Suffrage Alliance
+issues the <i>Jus Suffragii</i> monthly at 62 Kruiskade,
+Rotterdam.</p>
+<p>A good source from which to obtain the present
+status of women in Europe is the <i>Englishwoman's
+Year Book and Directory for 1914</i>, published by
+Adam and Charles Black.<br>
+<br>
+</p>
+<h4 style="text-align: left;">NOTES:</h4>
+<a name="Footnote_428"></a><a href="#FNanchor_428">[428]</a>
+<div class="note">
+<p> Twenty-six senators did not vote. The question of negro
+suffrage complicated the matter with Southern senators. Mr.
+Williams of Mississippi wished to limit the franchise to "white
+citizens"; but his amendment was voted down. The list of
+senators voting for and against the woman suffrage amendment
+appears on page 5472 of the Congressional Record, March 19,
+1914. The debate is contained in pages 5454-5472. Senator
+Tillman of South Carolina inserted a vicious attack on northern
+women by the late Albert Bledsoe, who advised them to "cut
+their hair short, and their petticoats, too, and enter a la bloomer
+the ring of political prizefighters." Bledsoe's article will be
+found in the Record, July 28, 1913, 3115-3119.</p>
+</div>
+<a name="Footnote_429"></a><a href="#FNanchor_429">[429]</a>
+<div class="note">
+<p> Record, May 6, 1913, 1221-1222.</p>
+</div>
+<a name="Footnote_430"></a><a href="#FNanchor_430">[430]</a>
+<div class="note">
+<p> Record, May 6, 1913, 1222.</p>
+</div>
+<a name="Footnote_431"></a><a href="#FNanchor_431">[431]</a>
+<div class="note">
+<p> Essays of Schopenhauer. Translated by Mrs. Rudolf Dircks
+Pages 64-79.</p>
+</div>
+<a name="Footnote_432"></a><a href="#FNanchor_432">[432]</a>
+<div class="note">
+<p> Any criticism of the Kaiser leads to arrest. The most vigorous
+checks to Bourbon rule come from the Socialists, who in
+1912 polled 4,250,300 votes. But as the Kaiser, as King of
+Prussia, controls a majority of votes in the Bundesrath, or
+Federal Council, can dissolve the Reichstag, or House of
+Representatives,
+at any time with the consent of the Bundesrath,
+has sole power to appoint the chancellor, and is lord supreme of
+the army and navy, anything like real popular government is
+far off.</p>
+</div>
+<a name="Footnote_433"></a><a href="#FNanchor_433">[433]</a>
+<div class="note">
+<p> Philadelphia, 1906. The F.A. Davis Company.</p>
+</div>
+<hr style="width: 65%;">
+<a name="INDEX"></a>
+<h2><a name="Page_308"></a>INDEX</h2>
+A<br>
+<br>
+Adultery, under Roman Law,<a href="#Page_19">19</a>-<a href="#Page_22">22</a><br>
+<span style="margin-left: 1em;">laws modified by Justinian, <a
+ href="#Page_68">68</a>-<a href="#Page_69">69</a></span><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_80">80</a>, <a href="#Page_86">86</a>, <a href="#Page_87">87</a></span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Age of Consent, under English Law,<a href="#Page_138">138</a>-<a
+ href="#Page_139">139</a><br>
+<span style="margin-left: 1em;">in the United States, <a
+ href="#Page_155">155</a>-<a href="#Page_156">156</a>, <a
+ href="#Page_167">167</a>-<a href="#Page_168">168</a>, <a
+ href="#Page_275">275</a></span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Alabama, <a href="#Page_175">175</a>-<a href="#Page_176">176</a><br>
+<br>
+Apostles, teachings about women, <a href="#Page_55">55</a>-<a
+ href="#Page_57">57</a><br>
+<br>
+Arizona, <a href="#Page_176">176</a>-<a href="#Page_177">177</a><br>
+<br>
+Arkansas, <a href="#Page_177">177</a>-<a href="#Page_178">178</a><br>
+<br>
+Attainder, bills of, in Roman Empire, <a href="#Page_35">35</a>-<a
+ href="#Page_37">37</a><br>
+<span style="margin-left: 1em;">laws of Arcadius, Honorius, and
+Constantine, <a href="#Page_75">75</a>-<a href="#Page_76">76</a></span><br>
+<span style="margin-left: 1em;">of Pope Innocent III, <a
+ href="#Page_116">116</a>.</span><br>
+<br>
+<br>
+B<br>
+<br>
+Breach of Promise, under Roman Law, <a href="#Page_12">12</a><br>
+<span style="margin-left: 1em;">modification by Constantine, <a
+ href="#Page_72">72</a></span><br>
+<span style="margin-left: 1em;">by Justinian, <a href="#Page_73">73</a></span><br>
+<br>
+Business, woman in, under Roman Empire, <a href="#Page_29">29</a><br>
+<span style="margin-left: 1em;">in England, <a href="#Page_143">143</a></span><br>
+<span style="margin-left: 1em;">in the United States, <a
+ href="#Page_173">173</a>-<a href="#Page_174">174</a></span><br>
+<span style="margin-left: 1em;">see also under each State</span><br>
+<br>
+<br>
+C<br>
+<br>
+California, <a href="#Page_178">178</a>-<a href="#Page_180">180</a><br>
+<br>
+Chastisement, right of husband to chastise wife under English Law, <a
+ href="#Page_125">125</a>-<a href="#Page_127">127</a><br>
+<br>
+Christ, teachings about women, <a href="#Page_52">52</a>-<a
+ href="#Page_53">53</a><br>
+<br>
+Colorado, <a href="#Page_180">180</a>-<a href="#Page_181">181</a><br>
+<br>
+Connecticut, <a href="#Page_181">181</a>-<a href="#Page_182">182</a><br>
+<br>
+Consent of women to marriage, under Roman Law, <a href="#Page_10">10</a><br>
+<span style="margin-left: 1em;">opinions of Church Fathers, <a
+ href="#Page_60">60</a></span><br>
+<span style="margin-left: 1em;">enactments of Christian Emperors, <a
+ href="#Page_74">74</a></span><br>
+<br>
+Crimes against women, under Roman Law, <a href="#Page_41">41</a>-<a
+ href="#Page_42">42</a>, <a href="#Page_76">76</a><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_94">94</a>-<a href="#Page_97">97</a></span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_138">138</a>-<a
+ href="#Page_139">139</a></span><br>
+<br>
+Curtesy, defined, <a href="#Page_174">174</a><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_127">127</a>-<a
+ href="#Page_129">129</a></span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Custom, power of, <a href="#Page_266">266</a>-<a href="#Page_269">269</a><br>
+<br>
+<br>
+D<br>
+<br>
+Delaware, <a href="#Page_182">182</a>-<a href="#Page_183">183</a><br>
+<br>
+Discrepancy in wages paid to women, <a href="#Page_280">280</a>-<a
+ href="#Page_283">283</a><br>
+<br>
+District of Columbia, <a href="#Page_183">183</a>-<a href="#Page_184">184</a><br>
+<br>
+Divorce, under Roman Law, <a href="#Page_22">22</a>-<a href="#Page_26">26</a>;<br>
+<span style="margin-left: 1em;">modified by
+Theodosius and Valentinian, <a href="#Page_66">66</a>;</span><br>
+<span style="margin-left: 1em;">by Justinian, <a href="#Page_67">67</a>;</span><br>
+<span style="margin-left: 1em;">by Justin, <a href="#Page_68">68</a>;</span><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_85">85</a>-<a href="#Page_86">86</a>, <a href="#Page_88">88</a>;</span><br>
+<span style="margin-left: 1em;">under Canon Law, <a href="#Page_111">111</a>-<a
+ href="#Page_116">116</a>;</span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_133">133</a>-<a
+ href="#Page_137">137</a>;</span><br>
+<span style="margin-left: 1em;">general considerations, <a
+ href="#Page_285">285</a>-<a href="#Page_287">287</a>;</span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Double standard of morality, <a href="#Page_273">273</a>-<a
+ href="#Page_274">274</a><br>
+<br>
+Dower, defined, <a href="#Page_174">174</a>;<br>
+<span style="margin-left: 1em;">right of, in English Law, <a
+ href="#Page_128">128</a>;</span><br>
+<span style="margin-left: 1em;">see also under different States.</span><br>
+<br>
+Dowry, under Roman Law, <a href="#Page_14">14</a>-<a href="#Page_16">16</a>,
+<a href="#Page_19">19</a>;<br>
+<span style="margin-left: 1em;">among ancient Gauls, <a href="#Page_78">78</a>;</span><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_80">80</a>, <a href="#Page_83">83</a>, <a href="#Page_92">92</a></span><br>
+<br>
+<br>
+E<br>
+<br>
+Education, rights of women to an,<br>
+<span style="margin-left: 1em;">under Roman Empire, <a href="#Page_42">42</a>-<a
+ href="#Page_45">45</a>;</span><br>
+<span style="margin-left: 1em;">in England, <a href="#Page_139">139</a>-<a
+ href="#Page_143">143</a>;</span><br>
+<span style="margin-left: 1em;">in the United States, <a
+ href="#Page_168">168</a>-<a href="#Page_170">170</a></span><br>
+<br>
+<br>
+F<br>
+<br>
+Fathers of the Church, their commands concerning women, <a
+ href="#Page_57">57</a>-<a href="#Page_63">63</a><br>
+<br>
+Florida, <a href="#Page_184">184</a>-<a href="#Page_186">186</a><br>
+<br>
+<br>
+G<br>
+<br>
+Georgia, <a href="#Page_186">186</a>-<a href="#Page_187">187</a><br>
+<br>
+Gifts between husband and wife, under Roman Law, <a href="#Page_16">16</a>-<a
+ href="#Page_17">17</a>;<br>
+<span style="margin-left: 1em;">changes by Justinian, <a
+ href="#Page_73">73</a>-<a href="#Page_74">74</a></span><br>
+<br>
+Guardian, decay of power of, under Roman Law, <a href="#Page_7">7</a>-<a
+ href="#Page_8">8</a><br>
+<br>
+Guardians, women as, under Roman Law, <a href="#Page_3">3</a>;<br>
+<span style="margin-left: 1em;">laws modified by Justinian, <a
+ href="#Page_75">75</a>;</span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Guardianship under Roman Law, <a href="#Page_1">1</a>-<a href="#Page_3">3</a>;<br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_81">81</a>-<a href="#Page_82">82</a></span><br>
+<br>
+<br>
+H<br>
+<br>
+Husband and wife, under Roman Law, <a href="#Page_12">12</a>-<a
+ href="#Page_22">22</a>;<br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_84">84</a>-<a href="#Page_85">85</a>;</span><br>
+<span style="margin-left: 1em;">under Canon Law, <a href="#Page_106">106</a>,
+<a href="#Page_110">110</a>, <a href="#Page_111">111</a>;</span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_124">124</a>-<a
+ href="#Page_133">133</a>;</span><br>
+<span style="margin-left: 1em;">see also under various States</span><br>
+<br>
+<br>
+I<br>
+<br>
+Idaho, <a href="#Page_187">187</a>-<a href="#Page_188">188</a><br>
+<br>
+Illinois, <a href="#Page_188">188</a>-<a href="#Page_189">189</a>;<br>
+<span style="margin-left: 1em;">Ritchie case, <a href="#Page_283">283</a>-<a
+ href="#Page_284">284</a></span><br>
+<br>
+Indian Territory, <a href="#Page_191">191</a><br>
+<br>
+Indiana, <a href="#Page_189">189</a>-<a href="#Page_191">191</a><br>
+<br>
+Inheritance rights of women, under Roman Law, <a href="#Page_34">34</a>-<a
+ href="#Page_40">40</a>, <a href="#Page_74">74</a>;<br>
+<span style="margin-left: 1em;">modified by Justinian, <a
+ href="#Page_75">75</a>;</span><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_88">88</a>-<a href="#Page_91">91</a>;</span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_121">121</a>,
+<a href="#Page_122">122</a>, <a href="#Page_128">128</a></span><br>
+<br>
+Intellectual inferiority of women, argument discussed, <a
+ href="#Page_255">255</a>-<a href="#Page_259">259</a><br>
+<br>
+Iowa, <a href="#Page_192">192</a>-<a href="#Page_193">193</a><br>
+<br>
+<br>
+J<br>
+<br>
+Jewish ideas about women, <a href="#Page_54">54</a>-<a href="#Page_55">55</a><br>
+<br>
+K<br>
+<a name="Page_309"></a><br>
+Kansas, <a href="#Page_193">193</a>-<a href="#Page_194">194</a><br>
+<br>
+Kentucky, <a href="#Page_194">194</a>-<a href="#Page_196">196</a><br>
+<br>
+<br>
+L<br>
+<br>
+Lecky, analysis of character of women, <a href="#Page_261">261</a>-<a
+ href="#Page_264">264</a><br>
+<br>
+Louisiana, <a href="#Page_196">196</a>-<a href="#Page_198">198</a><br>
+<br>
+M<br>
+<br>
+Macaulay on the effects of freedom, <a href="#Page_270">270</a>-<a
+ href="#Page_273">273</a><br>
+<br>
+Maine, <a href="#Page_198">198</a><br>
+<br>
+Marriage, women in, under Roman Law, <a href="#Page_9">9</a>-<a
+ href="#Page_26">26</a>;<br>
+<span style="margin-left: 1em;">opinions of Church Fathers, <a
+ href="#Page_60">60</a>-<a href="#Page_61">61</a>;</span><br>
+<span style="margin-left: 1em;">among ancient Gauls and Germans, <a
+ href="#Page_78">78</a>, <a href="#Page_80">80</a>;</span><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_83">83</a>, <a href="#Page_84">84</a>;</span><br>
+<span style="margin-left: 1em;">under Canon Law, <a href="#Page_107">107</a>-<a
+ href="#Page_110">110</a>;</span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_125">125</a>-<a
+ href="#Page_133">133</a>;</span><br>
+<span style="margin-left: 1em;">modern changes in views of, <a
+ href="#Page_287">287</a>;</span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Maryland, <a href="#Page_199">199</a>-<a href="#Page_200">200</a><br>
+<br>
+Massachusetts, <a href="#Page_200">200</a>-<a href="#Page_201">201</a><br>
+<br>
+Michigan, <a href="#Page_202">202</a>-<a href="#Page_203">203</a><br>
+<br>
+Minnesota, <a href="#Page_203">203</a>-<a href="#Page_204">204</a><br>
+<br>
+Mississippi, <a href="#Page_204">204</a>-<a href="#Page_205">205</a><br>
+<br>
+Missouri, <a href="#Page_205">205</a>-<a href="#Page_207">207</a><br>
+<br>
+Montana, <a href="#Page_207">207</a>-<a href="#Page_208">208</a><br>
+<br>
+Moral argument against suffrage, <a href="#Page_259">259</a>-<a
+ href="#Page_261">261</a><br>
+<br>
+<br>
+N<br>
+<br>
+Nebraska, <a href="#Page_208">208</a>-<a href="#Page_209">209</a><br>
+<br>
+Nevada, <a href="#Page_209">209</a>-<a href="#Page_210">210</a><br>
+<br>
+New Hampshire, <a href="#Page_211">211</a>-<a href="#Page_212">212</a><br>
+<br>
+New Jersey, <a href="#Page_212">212</a>-<a href="#Page_213">213</a><br>
+<br>
+New Mexico, <a href="#Page_213">213</a>-<a href="#Page_214">214</a><br>
+<br>
+New York, <a href="#Page_214">214</a>-<a href="#Page_215">215</a><br>
+<br>
+North Carolina, <a href="#Page_215">215</a>-<a href="#Page_216">216</a><br>
+<br>
+North Dakota, <a href="#Page_216">216</a>-<a href="#Page_217">217</a><br>
+<br>
+<br>
+O<br>
+<br>
+Ohio, <a href="#Page_217">217</a>-<a href="#Page_219">219</a><br>
+<br>
+Oklahoma, <a href="#Page_219">219</a>-<a href="#Page_220">220</a><br>
+<br>
+Old Maid, treatment of, by Christians, <a href="#Page_246">246</a>-<a
+ href="#Page_247">247</a><br>
+<br>
+Oregon, <a href="#Page_220">220</a>-<a href="#Page_221">221</a><br>
+<br>
+<br>
+P<br>
+<br>
+Partiality of Roman Law to women, <a href="#Page_19">19</a>, <a
+ href="#Page_33">33</a>, <a href="#Page_34">34</a><br>
+<br>
+Pennsylvania, <a href="#Page_221">221</a>-<a href="#Page_222">222</a><br>
+<br>
+Physiological argument against suffrage, <a href="#Page_238">238</a>-<a
+ href="#Page_243">243</a><br>
+<br>
+Political or social argument against suffrage, <a href="#Page_243">243</a>-<a
+ href="#Page_255">255</a><br>
+<br>
+Power of father, under Roman Law, <a href="#Page_2">2</a>, <a
+ href="#Page_10">10</a>, <a href="#Page_20">20</a>, <a href="#Page_21">21</a>,
+<a href="#Page_30">30</a>, <a href="#Page_35">35</a>;<br>
+<span style="margin-left: 1em;">under early Christians, <a
+ href="#Page_55">55</a>, <a href="#Page_60">60</a>;</span><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_81">81</a>, <a href="#Page_84">84</a>, <a href="#Page_91">91</a>
+</span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_123">123</a></span><br>
+<br>
+Professions, women in, in England, <a href="#Page_143">143</a>-<a
+ href="#Page_144">144</a>;<br>
+<span style="margin-left: 1em;">in United States, <a href="#Page_171">171</a>-<a
+ href="#Page_173">173</a>, and see under</span><br>
+<span style="margin-left: 1em;">various States;</span><br>
+<span style="margin-left: 1em;">need of opening all, to women, <a
+ href="#Page_277">277</a>-<a href="#Page_280">280</a></span><br>
+<br>
+Property rights of married women, under Roman Law, <a href="#Page_14">14</a>-<a
+ href="#Page_16">16</a>;<br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_84">84</a>, <a href="#Page_88">88</a>, <a href="#Page_92">92</a>-<a
+ href="#Page_94">94</a>;</span><br>
+<span style="margin-left: 1em;">under English Law, <a href="#Page_127">127</a>-<a
+ href="#Page_133">133</a>;</span><br>
+<span style="margin-left: 1em;">of widows and single women, under Roman
+Law, <a href="#Page_26">26</a>-<a href="#Page_29">29</a>;</span><br>
+<span style="margin-left: 2em;">among Germanic peoples, <a
+ href="#Page_88">88</a>, <a href="#Page_93">93</a>-<a href="#Page_94">94</a>;</span><br>
+<span style="margin-left: 2em;">under English Law, <a href="#Page_121">121</a></span><br>
+<a name="Page_310"></a><span style="margin-left: 1em;">in the United
+States, <a href="#Page_156">156</a></span><br>
+<br>
+Protection of property of children under Roman Law, <a href="#Page_40">40</a>-<a
+ href="#Page_41">41</a><br>
+<br>
+<br>
+R<br>
+<br>
+Respect for women, among Romans, <a href="#Page_3">3</a>-<a
+ href="#Page_7">7</a><br>
+<span style="margin-left: 1em;">among ancient Germans, <a
+ href="#Page_79">79</a>-<a href="#Page_80">80</a></span><br>
+<br>
+Rhode Island, <a href="#Page_222">222</a>-<a href="#Page_223">223</a><br>
+<br>
+Ritchie case in Illinois, <a href="#Page_283">283</a>-<a
+ href="#Page_284">284</a><br>
+<br>
+Roman Catholic Church, attitude to women, <a href="#Page_87">87</a>-<a
+ href="#Page_88">88</a>, <a href="#Page_98">98</a>, <a
+ href="#Page_106">106</a>-<a href="#Page_119">119</a><br>
+<br>
+<br>
+S<br>
+<br>
+Second marriages, opinions of Church Fathers concerning, <a
+ href="#Page_61">61</a><br>
+<span style="margin-left: 1em;">Legislation of Christian Emperors, <a
+ href="#Page_69">69</a>-<a href="#Page_72">72</a></span><br>
+<br>
+Slaves, women, under Roman Law, <a href="#Page_46">46</a>-<a
+ href="#Page_49">49</a><br>
+<span style="margin-left: 1em;">among Germanic peoples, <a
+ href="#Page_97">97</a></span><br>
+<span style="margin-left: 1em;">under Canon Law, <a href="#Page_111">111</a></span><br>
+<br>
+South Carolina, <a href="#Page_223">223</a>-<a href="#Page_224">224</a><br>
+<br>
+South Dakota, <a href="#Page_224">224</a>-<a href="#Page_225">225</a><br>
+<br>
+Suffrage, woman, in England, <a href="#Page_144">144</a>-<a
+ href="#Page_148">148</a><br>
+<span style="margin-left: 1em;">in the United States, <a
+ href="#Page_151">151</a>-<a href="#Page_155">155</a>, <a
+ href="#Page_157">157</a>-<a href="#Page_167">167</a></span><br>
+<span style="margin-left: 1em;">see also under various States.</span><br>
+<br>
+Suits, women engaging in, under Roman Law, <a href="#Page_30">30</a>-<a
+ href="#Page_33">33</a><br>
+<br>
+<br>
+T<br>
+<br>
+Tennessee, <a href="#Page_226">226</a><br>
+<br>
+Texas, <a href="#Page_227">227</a><br>
+<br>
+Theological argument against women's rights, <a href="#Page_237">237</a>-<a
+ href="#Page_238">238</a><br>
+<br>
+Training of women for higher ideals, <a href="#Page_276">276</a>-<a
+ href="#Page_277">277</a><br>
+<br>
+<br>
+U<br>
+<br>
+Utah, <a href="#Page_227">227</a>-<a href="#Page_228">228</a><br>
+<br>
+<br>
+V<br>
+<br>
+Vermont, <a href="#Page_228">228</a>-<a href="#Page_229">229</a><br>
+<br>
+Vestal Virgins, <a href="#Page_45">45</a><br>
+<br>
+Virginia, <a href="#Page_229">229</a>-<a href="#Page_230">230</a><br>
+<br>
+<br>
+W<br>
+<br>
+Washington, <a href="#Page_230">230</a>-<a href="#Page_231">231</a><br>
+<br>
+West Virginia, <a href="#Page_231">231</a>-<a href="#Page_232">232</a><br>
+<br>
+Wisconsin, <a href="#Page_232">232</a>-<a href="#Page_233">233</a><br>
+<br>
+Women: see under <i>Divorce, Dowry, Marriage, Husband and Wife</i>,
+etc.<br>
+<br>
+Wyoming, <a href="#Page_234">234</a><br>
+<br>
+<p><a name="Page_311"></a>INDEX TO SUPPLEMENTARY CHAPTER</p>
+A<br>
+<br>
+Advance of equal suffrage, chronological tables, <a href="#Page_289">289</a>-<a
+ href="#Page_291">291</a><br>
+<br>
+Amendment, constitutional, for suffrage, <a href="#Page_291">291</a>;<br>
+<span style="margin-left: 1em;">rejected by Senate, <a href="#Page_292">292</a>-<a
+ href="#Page_293">293</a>;</span><br>
+<span style="margin-left: 1em;">and by House, <a href="#Page_294">294</a></span><br>
+<br>
+B<br>
+<br>
+Bryan, favours suffrage, <a href="#Page_294">294</a>-<a
+ href="#Page_295">295</a><br>
+<br>
+C<br>
+<br>
+Cat and Mouse Act, <a href="#Page_298">298</a><br>
+<br>
+D<br>
+<br>
+Divorce, proposals for reform defeated in England, <a href="#Page_299">299</a>-<a
+ href="#Page_300">300</a><br>
+<br>
+E<br>
+<br>
+Europe, general status of women's rights in, <a href="#Page_300">300</a><br>
+<br>
+F<br>
+<br>
+Falconer, Congressman, reply to Heflin, <a href="#Page_294">294</a><br>
+<br>
+Feminism, <a href="#Page_305">305</a>-<a href="#Page_306">306</a><br>
+<br>
+G<br>
+<br>
+Germany, position of women in, <a href="#Page_300">300</a>-<a
+ href="#Page_302">302</a><br>
+<br>
+H<br>
+<br>
+Heflin, Congressman, speech on suffrage, <a href="#Page_293">293</a><br>
+<br>
+J<br>
+<br>
+Journals, official, of various women's organisations, <a
+ href="#Page_307">307</a><br>
+<br>
+L<br>
+<br>
+Legislation, most recent examples of, for protection of women, <a
+ href="#Page_296">296</a>-<a href="#Page_297">297</a><br>
+<br>
+M<br>
+<br>
+Mann, Congressman, remarks on suffrage parade, <a href="#Page_292">292</a><br>
+<br>
+Militant suffragettes, <a href="#Page_298">298</a>-<a href="#Page_299">299</a><br>
+<br>
+R<br>
+<br>
+Roman Empire, assumption that its fall was due to liberty allowed
+women, <a href="#Page_306">306</a>-<a href="#Page_307">307</a><br>
+<br>
+Roosevelt, opinion on suffrage, <a href="#Page_291">291</a><br>
+<br>
+S<br>
+<br>
+Schopenhauer, remarks on nature of women, <a href="#Page_300">300</a>-<a
+ href="#Page_301">301</a><br>
+<br>
+Sphere, woman's sphere argument, <a href="#Page_302">302</a>-<a
+ href="#Page_303">303</a><br>
+<br>
+T<br>
+<br>
+Tendencies and results of women's rights movement, <a href="#Page_303">303</a>-<a
+ href="#Page_306">306</a><br>
+<br>
+W<br>
+<br>
+Wilson, President, position on suffrage, <a href="#Page_294">294</a><br>
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of the Project Gutenberg EBook of A Short History of Women's Rights
+by Eugene A. Hecker
+
+*** END OF THIS PROJECT GUTENBERG EBOOK A SHORT HISTORY OF WOMEN'S RIGHTS ***
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diff --git a/old/11672.txt b/old/11672.txt
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+++ b/old/11672.txt
@@ -0,0 +1,9634 @@
+Project Gutenberg's A Short History of Women's Rights, by Eugene A. Hecker
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: A Short History of Women's Rights
+       From the Days of Augustus to the Present Time. With Special Reference
+       to England and the United States. Second Edition Revised, With
+       Additions.
+
+
+Author: Eugene A. Hecker
+
+Release Date: March 22, 2004 [EBook #11672]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK A SHORT HISTORY OF WOMEN'S RIGHTS ***
+
+
+
+
+Produced by Ted Garvin, Wilelmina Malliere and PG Distributed
+Proofreaders
+
+
+
+
+
+
+
+
+
+
+A Short History of Women's Rights
+
+From the Days of Augustus to the Present Time. With Special Reference to
+England and the United States
+
+By Eugene A. Hecker
+
+_SECOND EDITION REVISED, WITH ADDITIONS_
+
+
+
+
+To
+
+MY MOTHER
+
+
+
+
+PREFACE TO THE SECOND EDITION
+
+
+In this edition a chapter has been added, bringing down to date the
+record of the contest for equal suffrage. The summary on pages 175-235
+is now largely obsolete; but it has been retained as instructive
+evidence of the rapid progress made during the last four years.
+
+E.A.H.
+
+CAMBRIDGE, MASS. _August, 1914_.
+
+
+
+
+PREFACE
+
+
+While making some researches in the evolution of women's rights, I was
+impressed by the fact that no one had ever, as far as I could discover,
+attempted to give a succinct account of the matter for English-speaking
+nations. Indeed, I do not believe that any writer in any country has
+essayed such a task except Laboulaye; and his _Recherches sur la
+Condition Civile et Politique des Femmes_, published in 1843, leaves
+much to be desired to one who is interested in the subject to-day.
+
+I have, therefore, made an effort to fill a lack. This purpose has been
+strengthened as I have reflected on the great amount of confused
+information which is absorbed by those who have no time to make
+investigations for themselves. Accordingly, in order to present an
+accurate historical review, I have cited my authorities for all
+statements regarding which any question could be raised. This is
+particularly so in the chapters which deal with the condition of women
+under Roman Law, under the early Christian Church, and under Canon Law.
+In all these instances I have gone directly to primary sources, have
+investigated them myself, and have admitted no secondhand evidence. In
+connection with Women's rights in England and in the United States I
+have either consulted the statutes or studied the commentaries of
+jurists, like Messrs. Pollock and Maitland, whose authority cannot be
+doubted. To such I have given the exact references whenever they have
+been used. In preparing the chapter on the progress of women's lights in
+the United States I derived great assistance from the very exhaustive
+_History of Woman Suffrage_, edited by Miss Susan B. Anthony, Mrs. Ida
+H. Harper, and others to whose unselfish labours we are for ever
+indebted. From their volumes I have drawn freely; but I have not given
+each specific reference.
+
+The tabulation of the laws of the several States which I have given
+naturally cannot be entirely adequate, because the laws are being
+changed constantly. It is often difficult to procure the latest revised
+statutes. However, these laws are recent enough to illustrate the
+evolution of women's rights.
+
+Finally, this volume was written in no hope that all readers would agree
+with the author, who is zealous in his cause. His purpose will be gained
+if he induces the reader to reflect for himself on the problem in the
+light of its historical development.
+
+E.A.H.
+
+CAMBRIDGE, MASS., 1910.
+
+
+
+
+CONTENTS
+
+
+CHAPTER I
+
+WOMEN'S RIGHTS UNDER ROMAN LAW, 27 B.C.-527 A.D.
+
+Originally women were always under guardianship--But under the Empire
+the entire equality of the sexes was recognised--Women in
+marriage--Their power over their property--Divorce--Women engaged in all
+business pursuits--Instances of women suing and pleading in
+law--Partiality of the law towards women--Rights of inheritance--Rights
+to higher education fully allowed--Provision made for poor children to
+be educated--The Vestals--Female slaves--Remarkable growth of
+humanitarianism towards slaves under the Empire--Sources
+
+
+CHAPTER II
+
+WOMEN AND THE EARLY CHRISTIAN CHURCH
+
+Christ laid down ethical principles but not minute regulations--The
+Apostles affected by Jewish and Oriental or Greek conceptions of
+women--Examples of these--St. Paul and St. Peter on the position of
+women--The Church Fathers elaborated these teachings--Examples of their
+contempt for women--Mingled with admiration for particular types of
+women--Their views of marriage--Their strictures on unbecoming
+dress--Summary of their views and how the status of women was affected
+by them--Sources
+
+
+CHAPTER III
+
+RIGHTS OF WOMEN AS MODIFIED BY THE CHRISTIAN EMPERORS
+
+Old Roman Law not abrogated suddenly--Divorce--Adultery--Second
+marriages--Engagements--Donations between husband and wife--Sundry
+enactments on marriage--Inheritance--Guardianship--Bills of Attainder of
+Christian Emperors merciless, in contrast to acts of pagan
+predecessors--Sources
+
+
+CHAPTER IV
+
+WOMEN AMONG THE GERMANIC PEOPLES
+
+A second world force to modify the status of women--Accounts of Caesar
+and Tacitus on position of women among Germanic peoples--The written
+laws of the barbarians--Guardianship--Marriage--Power of the
+husband--Divorce--Adultery--The Church indulgent to
+kings--Remarriage--Property rights--Peculiarities of the criminal
+law--Minutely-graded fines--Compurgation and ordeals--Innocence tested
+by the woman walking over red-hot ploughshares--Women in
+slavery--Comparison of position of women under Roman and under Germanic
+laws--Influence of theology--Sources
+
+
+CHAPTER V
+
+DIGRESSION ON THE LATER HISTORY OF ROMAN LAW
+
+Explanation of the various social and political forces which affected
+the position of women in the Middle Ages
+
+
+CHAPTER VI
+
+THE CANON LAW AND THE ATTITUDE OF THE ROMAN CATHOLIC CHURCH
+
+Canon law reaffirms the subjection of women--Women and
+marriage--Protection to women--Divorce--Cardinal Gibbons on protection
+of injured wives by Popes--Catholic Church has no divorce--But it allows
+fourteen reasons for declaring marriage null and void and leaving a
+husband or wife free to remarry--Some of these explained--Diriment
+impediments and dispensations--Historical instances of the Roman
+Church's inconsistency--Attitude towards women at present day--Opinions
+of Cardinals Gibbon and Moran, and Rev. David Barry and Rev. William
+Humphrey--Sources
+
+
+CHAPTER VII
+
+WOMEN'S RIGHTS IN ENGLAND
+
+Single women have always had private rights--But males preferred in
+inheritance--Examples--Power of parents--Husband and wife--Wife
+completely controlled by husband--He could beat her and own all her
+property--Recent abrogation of the husband's power--Divorce--Jeremy
+Taylor and others on duty of women to bear husband's sins with
+meekness--Injustice of the present law of divorce--Rape and the age of
+legal consent--Progress of the rights to an education--Women in the
+professions--Woman suffrage--Sources
+
+
+CHAPTER VIII
+
+WOMEN'S RIGHTS IN THE UNITED STATES
+
+Examples of the early opposition to women's rights--Age of
+consent--Single women--History of agitation for women's
+rights--Convention of 1848--Progress after the Civil War--Beginnings of
+higher education--First women in medicine--And in law, the ministry,
+journalism, and industry--Status of women in all the States in
+1910--Sources
+
+
+CHAPTER IX
+
+GENERAL CONSIDERATIONS
+
+The five arguments commonly used against equal suffrage--The
+theological--The physiological--The social or political--The
+intellectual--The moral--Lecky on the nature of women--The old and the
+new conception--Thomas on the power of custom--Taboo--All evolution
+accompanied by some extravagance--Macaulay on liberty--The double
+standard of morality--Co-operation--The proper sphere for a human
+being--Discrepancies of wages--Legal evolution in the interpretation of
+labour laws--The alarmist view of divorce
+
+
+CHAPTER X
+
+FURTHER CONSIDERATIONS
+
+The rapid spread of suffrage throughout the world--Table of suffrage
+gains from early times to present date--In national politics in the
+United States--Attack on the suffrage parade and colloquy between Mr.
+Hobson and Mr. Mann on the subject--Suffrage amendment defeated in the
+Senate--Mr. Heflin's remarks in the House--Mr. Falconer
+replies--President Wilson refuses to take a stand--Amendment lost--Mr.
+Bryan on suffrage--Examples of legislation to protect women passed
+recently--The tendency is to complete equality of the sexes--Suffrage in
+England--A delayed reform in divorce--Women's rights on the
+Continent--Especially in Germany--Schopenhauer's views of women--Further
+remarks on the philosophy of suffrage--"Woman's sphere"--Ultimate
+results of women entering all businesses and professions--Feminism--The
+home is not necessarily every woman's sphere and neither is motherhood
+nor is it her congenital duty to make herself attractive to
+men--Unreasonableness of gratuitous advice to women and none to
+men--What we don't know--Fallacy of the argument that the fall of the
+Roman Empire was due to the liberty given to woman--Official organs of
+various suffrage societies
+
+
+INDEX
+
+
+
+
+A Short History of Women's Rights
+
+
+
+
+CHAPTER I
+
+WOMEN'S RIGHTS UNDER ROMAN LAW, FROM AUGUSTUS TO JUSTINIAN--27 B.C. TO
+527 A.D.
+
+
+[Sidenote: Guardianship.]
+
+The age of legal capability for the Roman woman was after the twelfth
+year, at which period she was permitted to make a will.[1] However, she
+was by no means allowed to do so entirely on her own account, but only
+under supervision.[2] This superintendence was vested in the father or,
+if he was dead, in a guardian[3]; if the woman was married, the power
+belonged to the husband. The consent of such supervision, whether of
+father, husband, or guardian, was essential, as Ulpian informs us,[4]
+under these circumstances: if the woman entered into any legal action,
+obligation, or civil contract; if she wished her freedwoman to cohabit
+with another's slave; if she desired to free a slave; if she sold any
+things _mancipi_, that is, such as estates on Italian soil, houses,
+rights of road or aqueduct, slaves, and beasts of burden. Throughout her
+life a woman was supposed to remain absolutely under the power[5] of
+father, husband, or guardian, and to do nothing without their consent.
+In ancient times, indeed, this authority was so great that the father
+and husband could, after calling a family council, put the woman to
+death without public trial.[6] The reason that women were so subjected
+to guardianship was "on account of their unsteadiness of character,"[7]
+"the weakness of the sex," and their "ignorance of legal matters."[8]
+Under certain circumstances, however, women became _sui iuris_ or
+entirely independent: I. By the birth of three children (a freedwoman by
+four)[9]; II. By becoming a Vestal Virgin, of whom there were but
+six[10]; III. By a formal emancipation, which took place rarely, and
+then often only with a view of transferring the power from one guardian
+to another.[11] Even when _sui iuris_ a woman could not acquire power
+over any one, not even over her own children[12]; for these an agnate--a
+male relative on the father's side--was appointed guardian, and the
+mother was obliged to render him and her children an account of any
+property which she had managed for them.[13] On the other hand, her
+children were bound to support her.[14]
+
+[Sidenote: Digression on the growth of respect for women]
+
+So much for the laws on the subject. They seem rigorous enough, and in
+early times were doubtless executed with strictness. A marked feature,
+however, of the Roman character, a peculiarity which at once strikes the
+student of their history as compared with that of the Greeks, was their
+great respect for the home and the _materfamilias_. The stories of
+Lucretia, Cloelia, Virginia, Cornelia, Arria, and the like, familiar to
+every Roman schoolboy, must have raised greatly the esteem in which
+women were held. As Rome became a world power, the Romans likewise grew
+in breadth of view, in equity, and in tolerance. The political
+influence wielded by women[15] was as great during the first three
+centuries after Christ as it has ever been at any period of the world's
+history; and the powers of a Livia, an Agrippina, a Plotina, did not
+fail to show pointedly what a woman could do. In the early days of the
+Republic women who touched wine were severely punished and male
+relatives were accustomed solemnly to kiss them, if haply they might
+discover the odour of drink on their breath.[16] Valerius Maximus tells
+us that Egnatius Mecenas, a Roman knight, beat his wife to death for
+drinking wine.[17] Cato the Censor (234-149 B.C.) dilated with joy on
+the fact that a woman could be condemned to death by her husband for
+adultery without a public trial, whereas men were allowed any number of
+infidelities without censure.[18] The senator Metellus (131 B.C.)
+lamented that Nature had made it necessary to have women.[19]
+
+The boorish cynicism of a Cato and a Metellus--though it never expressed
+the real feelings of the majority of Romans--gave way, however, under
+the Empire to a generous expression of the equality of the sexes in the
+realms of morality and of intellect. "I know what you may say," writes
+Seneca to Marcia,[20] "'You have forgotten that you are consoling a
+woman; you cite examples of fortitude on the part of men.' But who said
+that Nature had acted scurvily with the characters of women and had
+contracted their virtues into a narrow sphere? Equal force, believe me,
+is possessed by them; equal capability for what is honorable, if they
+so wish." The Emperor Marcus Aurelius gratefully recalls that from his
+mother he learned piety and generosity, and to refrain not only from
+doing ill, but even from thinking it, and simplicity of life, far
+removed from the ostentatious display of wealth.[21] The passionate
+attachment of men like Quintilian and Pliny to their wives exhibits an
+equality based on love that would do honour to the most Christian
+households.[22] All Roman historians speak with great admiration of the
+many heroic deeds performed by women and are fond of citing conspicuous
+examples of conjugal affection.[23] The masterly and sympathetic
+delineation of Dido in the _Aeneid_ shows how deeply a Roman could
+appreciate the character of a noble woman. In the numerous provisions
+for the public education at the state's expense girls were given the
+same opportunities and privileges as boys; there were five thousand boys
+and girls educated by Trajan alone.[24]
+
+[Sidenote: Decay of the power or the guardian.]
+
+Such are a few examples of the growth of respect for women; and we
+should naturally conclude that, as time progressed, the unjust laws of
+guardianship would no longer be executed to the letter, even though the
+hard statutes were not formally expunged. This was the case during the
+first three centuries after Christ, as is patent from many sources. It
+is to be borne in mind that because a law is on the books, does not mean
+necessarily that it is enforced. A law is no stronger than public
+opinion. Of this anomaly there are plenty of instances even to-day--the
+Blue Laws of Massachusetts, for example. "That women of mature age
+should be under guardianship," writes the great jurist Gaius[25] in the
+second century, "seems to have no valid reason as foundation. For what
+is commonly believed, to the effect that on account of unsteadiness of
+character they are generally hoodwinked, and that, therefore, it is
+right for them to be governed by the authority of a guardian, seems
+rather specious than true. As a matter of fact, women of mature age do
+manage their own affairs, and in certain cases the guardian interposes
+his authority as a mere formality; frequently, indeed, he is forced by
+the supreme judge to lend his authority against his will." Ulpian, too,
+hints at the really slight power of the guardian in his day, that is,
+the first three decades of the third century. "In the case of male and
+female wards under age, the guardians both manage their affairs and
+interpose their authority; but in the case of mature women they merely
+interpose their authority."[26] The woman had, in practice, become free
+to manage her property as she wished; the function of the legal guardian
+was simply to see to it that no one should attempt a fraud against her.
+Adequately to observe the decay of the vassalage of women, we must
+investigate the story of their rights in all its forms; and the position
+of women in marriage will next occupy our attention.
+
+[Sidenote: Women and marriage.]
+
+As in all Southern countries where women mature early, the Roman girl
+usually married young; twelve years were required by custom for her to
+reach the marriageable age.[27] In the earlier period a woman was
+acquired as wife in three different ways: I. By _coemptio_--a mock sale
+to her husband[28]; II. By _confarreatio_--a solemn marriage with
+peculiar sacred rites to qualify men and women and their children for
+certain priesthoods[29]; III. By _usus_, or acquisition by prescription.
+A woman became a man's legal wife by _usus_ if he had lived with her one
+full year and if, during that time, she had not been absent from him for
+more than three successive nights.[30]
+
+All these forms, however, had either been abolished by law or had fallen
+into desuetude during the second century of our era, as is evident from
+Gaius.[31] A man could marry even if not present personally; a woman
+could not.[32] The woman's parents or guardians were accustomed to
+arrange a match for her,[33] as they still do in many parts of Europe.
+Yet the power of the father to coerce his daughter was limited. Her
+consent was important. "A marriage cannot exist," remarks Paulus,
+"unless all parties consent."[34] Julianus writes also that the daughter
+must give her permission[35]; yet the statement of Ulpian which
+immediately follows in the Digest shows that she had not complete free
+will in the matter: "It is understood that she who does not oppose the
+wishes of her father gives consent. But a daughter is allowed to object
+only in case her father chooses for her a man of unworthy or disgraceful
+character."[36] The son had an advantage here, because he could never be
+forced into a marriage against his will.[37] The consent of the father
+was always necessary for a valid marriage.[38] He could not by will
+compel his daughter to marry a certain person.[39] After she was
+married, he still retained power over her, unless she became independent
+by the birth of three children; but this was largely to protect her and
+represent her in court against her husband if necessity should
+arise.[40] A father was not permitted to break up a harmonious[41]
+marriage; he could not get back his daughter's dowry without her
+consent,[42] nor force her to return to her husband after a divorce[43];
+and he was punished with loss of citizenship if he made a match for a
+widowed daughter before the legal time of mourning for her husband had
+expired.[44] A daughter passed completely out of the power of her father
+only if she became _sui iuris_ by the birth of three children or if she
+became a Vestal, or again if she married a special priest of Jupiter
+(_Flamen Dialis_), in which case, however, she passed completely into
+the power of her husband. Under all circumstances a daughter must not
+only show respect for her father, but also furnish him with the
+necessaries of life if he needed them.[45]
+
+[Sidenote: "Breach of Promise."]
+
+Under the Empire no such thing as a "breach of promise" suit was
+permitted, although in the days of the Republic the party who broke a
+promise to marry had been liable to a suit for damages.[46] But this had
+now disappeared, and either party could break off the betrothal at
+pleasure without prejudice.[47] Whatever gifts had been given might be
+demanded back.[48] The engagement had to be formally broken off before
+either party could enter into marriage or betrothal with another;
+otherwise he or she lost civil status.[49] While an engagement lasted,
+the man could bring an action for damages against any one who insulted
+or injured his fiancee.[50]
+
+[Sidenote: Husband and Wife.]
+
+The Roman marriage was a purely civil contract based on consent.[51] The
+definition given by the law was a noble one. "Marriage is the union of a
+man and a woman and a partnership of all life; a mutual sharing of laws
+human and divine."[52] The power of the husband over the wife was called
+_manus_; and the wife stood in the same position as a daughter.[53] No
+husband was allowed to have a concubine.[54] He was bound to support his
+wife adequately, look out for her interests,[55] and strictly to avenge
+any insult or injury offered her[56]; any abusive treatment of the wife
+by the husband was punished by an action for damages[57]. A wife was
+compelled by law to go into solemn mourning for a space of ten months
+upon the death of a husband[58]. During the period of mourning she was
+to abstain from social banquets, jewels, and crimson and white
+garments[59]. If she did not do so, she lost civil status. The emperor
+Gordian, in the year 238, remitted these laws so far as solemn clothing
+and other external signs of mourning above enumerated were
+concerned.[60] But a husband was not compelled to do any legal mourning
+for the death of his wife.[61]
+
+The wife was, as I have said, in the power of her husband. Originally,
+no doubt, this power was absolute; the husband could even put his wife
+to death without a public trial. But the world was progressing, and that
+during the first three centuries after Christ the power of the husband
+was reduced in practice to absolute nullity I shall make clear in the
+following pages. I shall, accordingly, first investigate the rights of
+the wife over her dowry, that is, the right of managing her own
+property.
+
+Even from earliest times it is clear that the wife had complete control
+of her dowry. The henpecked husband who is afraid of offending his
+wealthy wife is a not uncommon figure in the comedies of Plautus and
+Terence; and Cato the Censor growled in his usual amiable manner at the
+fact that wives even in his day controlled completely their own
+property.[62] The attitude of the Roman law on the subject is clearly
+expressed. "It is for the good of the state that women have their
+dowries inviolate."[63] "The dowry is always and everywhere a chief
+concern; for it is for the public good that dowries be retained for
+women, since it is highly necessary that they be dowered in order to
+bring forth offspring and replenish the state with children."[64] "It is
+just that the income of the dowry belong to the husband; for inasmuch as
+it is he who stands the burdens of the married state, it is fair that he
+also acquire the interest."[65] "Nevertheless, the dowry belongs to the
+woman, even though it is in the goods of the husband."[66] "A husband is
+not permitted to alienate his wife's estate against her will."[67] A
+wife could use her dowry during marriage to support herself, if
+necessary, or her kindred, to buy a suitable estate, to help an exiled
+parent, or to assist a needy husband, brother, or sister. The numerous
+accounts in various authors of the first three centuries after Christ
+confirm the statement that the woman's power over her dowry was
+absolute.[68] Then as now, a man might put his property in his wife's
+name to escape his creditors,[69]--a useless proceeding, if she had not
+had complete control of her own property.
+
+When the woman died, her dowry, if it had been given by the father (_dos
+profecticia_) returned to the latter; but if any one else had given it
+(_dos adventicia_), the dowry remained with the husband, unless the
+donor had expressly stipulated that it was to be returned to himself at
+the woman's death (_dos recepticia_),[70] In the case of a dowry of the
+first kind, the husband might retain what he had expended for his
+wife's funeral.[71] The dowry was confiscated to the state if the woman
+was convicted of lese majeste, violence against the state, or
+murder.[72] If she suffered punishment involving loss of civil status
+under any other law which did not assess the penalty of confiscation,
+the husband acquired the dowry just as if she were dead. Banishment
+operated as no impediment; if the woman wished to leave her husband
+under these circumstances, her father could recover the dowry.[73]
+
+A further confirmation of the power of the wife over her property is the
+law that prohibited gifts between husband and wife; obviously, a woman
+could not be said to have the power of making a gift if she had no right
+of property of her own. The object of the law mentioned was to prevent
+the husband and wife from receiving any lasting damage to his or her
+property by giving of it under the impulse of conjugal affection.[74]
+This statute acted powerfully to prevent a husband from wheedling a wife
+out of her goods; and in case the latter happened to be of a grasping
+disposition the law was a protection to the husband and hence to the
+children, his heirs, for whose interests the Roman law constantly
+provided.
+
+Gifts between husband and wife were nevertheless valid under certain
+conditions. It was permissible to make a present of clothing and to
+bestow various tokens of affection, such as ornaments. The husband could
+present his wife with enough money to rebuild a house of hers which had
+burned.[75] The Emperor Marcus Aurelius permitted a wife to give her
+husband the sum necessary to obtain public office or to become a senator
+or knight or to give public games.[76] A gift was also legal if made by
+the husband in apprehension that death might soon overtake him; if, for
+instance, he was very sick or was setting out to war, or to exile, or on
+a dangerous journey.[77] The point in all gifts was, that neither party
+should become richer by the donation.[78]
+
+Some further considerations of the relation of husband and wife will aid
+in setting forth the high opinion which Roman law entertained of
+marriage and its constant effort to protect the wife as much as
+possible. A wife could not be held in a criminal action if she committed
+theft against her husband. The various statements of the jurists make
+the matter clear. Thus Paulus[79]: "A special action for the recovery of
+property removed [_rerum amotarum iudicium_] has been introduced
+against her who was a wife, because it has been decided that it is not
+possible to bring a criminal action for theft against her [_quid non
+placuit cum ea furti agere posse_]. Some--as Nerva Cassius--think she
+cannot even commit theft, on the ground that the partnership in life
+made her mistress, as it were. Others--like Sabinus and Proculus--hold
+that the wife can commit theft, just as a daughter may against her
+father, but that there can be no criminal action by established law."
+"As a mark of respect to the married state, an action involving disgrace
+for the wife is refused."[80] "Therefore she will be held for theft if
+she touches the same things after being divorced. So, too, if her slave
+commits theft, we can sue her on the charge. But it is possible to bring
+an action for theft even against a wife, if she has stolen from him
+whose heirs we are or before she married us; nevertheless, as a mark of
+respect we say that in each case a formal claim for restitution alone is
+admissible, but not an action for theft."[81] "If any one lends help or
+advice to a wife who is filching the property of her husband, he shall
+be held for theft. If he commits theft with her, he shall be held for
+theft, although the woman herself is not held."[82]
+
+A husband who did not avenge the murder of his wife lost all claims to
+her dowry, which was then confiscated to the state; this by order of the
+Emperor Severus.[83]
+
+The laws on adultery are rather more lenient to the woman than to the
+man. In the first place, the Roman law insisted that it was unfair for a
+husband to demand chastity on the part of his wife if he himself was
+guilty of infidelity or did not set her an example of good
+conduct,[84]--a maxim which present day lawyers may reflect upon with
+profit. A father was permitted to put to death his daughter and her
+paramour if she was still in his power and if he caught her in the act
+at his own house or that of his son-in-law; otherwise he could not.[85]
+He must, however, put both man and woman to death at once, when caught
+in the act; to reserve punishment to a later date was unlawful. The
+husband was not permitted to kill his wife; he might kill her paramour
+if the latter was a man of low estate, such as an actor, slave, or
+freedman, or had been convicted on some criminal charge involving loss
+of citizenship.[86] The reason that the father was given the power which
+was denied the husband was that the latter's resentment would be more
+likely to blind his power of judging dispassionately the merits of the
+case.[87] If now the husband forgot himself and slew his wife, he was
+banished for life if of noble birth, and condemned to perpetual hard
+labour if of more humble rank.[88] He must at once divorce a wife guilty
+of adultery; otherwise he was punished as a pander, and that meant loss
+of citizenship.[89] Women convicted of adultery were, when not put to
+death, punished by the loss of half their dowry, a third part of their
+other goods, and relegation to an island; guilty men suffered the loss
+of half of their possessions and similar relegation to an island; but
+the guilty parties were never confined in the same place.[90] We have
+mention also in several writers of some curious and vicious punishments
+that might be inflicted on men guilty of adultery.[91]
+
+Now, all this seems rigorous enough; but, as I have already remarked, we
+must beware of imagining that a statute is enforced simply because it
+stands in the code. As a matter of fact, public sentiment had grown so
+humane in the first three centuries after Christ that it did not for a
+moment tolerate that a father should kill his daughter, no matter how
+guilty she was; and in all our records of that period no instance
+occurs. As to husbands, we have repeated complaints in the literature of
+the day that they had grown so complaisant towards erring wives that
+they could not be induced to prosecute them.[92] A typical instance is
+related by Pliny.[93] Pliny was summoned by the Emperor Trajan to attend
+a council where, among other cases, that of a certain Gallitta was
+discussed. She had married a military tribune and had committed adultery
+with a common captain (_centurio_). Trajan sent the captain into exile.
+The husband took no measures against his wife, but went on living with
+her. Only by coercion was he finally induced to prosecute. Pliny informs
+us that the guilty woman had to be condemned, even against the will of
+her accuser.
+
+A woman guilty of incest received no punishment, but the guilty man was
+deported to an island.[94] If the incest involved adultery, the woman
+was of course held on that charge.
+
+[Sidenote: Divorce]
+
+We come now to a matter where the growing freedom of women reached its
+highest point--the matter of divorce. Here again we have to note the
+progress of toleration and humanitarianism. In the early days of the
+Republic the family tie was rarely severed. Valerius Maximus tells
+us[95] of a quaint custom of the olden days, to the effect that
+"whenever any quarrel arose between husband and wife, they would proceed
+to the chapel of the goddess Viriplaca ["Reconciler of Husbands"], which
+is on the Palatine, and there they would mutually express their
+feelings; then, laying aside their anger, they returned home
+reconciled." During these days a woman could never herself take the
+initiative in divorce; the husband was all-powerful. The first divorce
+of which we have any record took place in the year 231 B.C., when
+Spurius Carvilius Ruga put away his wife for sterility. Public opinion
+censured him severely for it "because people thought that not even the
+desire for children ought to have been preferred to conjugal fidelity
+and affection."[96] As the Empire extended and Rome became more worldly
+and corrupt, the reasons for divorce became more trivial. Sempronius
+Sophus divorced his wife because she had attended some public games
+without his knowledge.[97] Cicero, who was a lofty moralist--on
+paper,--put away his wife Terentia in order to marry a rich young ward
+and get her money if he could. Maecenas, the great prime-minister of
+Augustus, sent away and took back his wife repeatedly at
+caprice--perhaps he believed that variety is the spice of life. But
+during all this time the husband alone could annul marriage.[98]
+
+Gradually, however, the status of women changed and they were given
+greater and greater liberty. Inasmuch as Roman marriage was a civil
+contract based on consent, strict justice had to allow that on this
+basis either party to the contract might annul the marriage at his or
+her pleasure. The result was that during the first three centuries after
+Christ the wife had absolute freedom to take the initiative and send her
+husband a divorce whenever and for whatever reason she wished. The
+proof of this fact is positively established not only from the
+statements of the jurists, but also from numberless accounts in the
+other writers of the day.[99] Divorce became, at least among the higher
+strata of society, extraordinarily frequent. That a lady of the Upper
+Four Hundred should have been content with only one husband was deemed
+worthy of special mention on her tomb; the word _univira_ (a woman of
+one husband) may still be read on certain inscriptions. The satirists
+are fond of dwelling on the license allowed to women in the case of
+divorce. Martial, for instance,[100] says that one Theselina married ten
+husbands in one month. Still, allowing for the natural exaggeration of
+satirists, we are yet reasonably sure that divorce had reached great
+heights in the upper classes. Whether it was as bad among the middle
+classes is very improbable. There was one kind of marriage which,
+originally at least, did not admit of dissolution.[101] This was the
+solemn marriage by _confarreatio_, already described, which qualified
+the husband and wife for the special priesthood of Jupiter. Women soon
+grew to value their freedom too highly to enter it; as early as 23 A.D.
+the Senate had to relax some of the rigour of the old laws on the matter
+as a special inducement for women to consent to enter this union.[102]
+
+We may now observe what became of the wife's property after divorce and
+what her rights were under such circumstances. If it was the husband who
+had taken the initiative and had sent his wife a divorce, and if the
+divorce was not the fault of the woman, she at once had an action in law
+for complete recovery of her dowry; on her own responsibility if she was
+_sui iuris_, otherwise with the help of her father.[103] But even the
+woman still under guardianship could act by herself if her father was
+too sick or infirm or if she had no other agent to act for her.[104] For
+the offence of adultery a husband had to pay back the dowry at once; for
+lesser guilt he might return it in instalments at intervals of six
+months.[105] If, now, the divorce was clearly the fault of the woman,
+her husband could retain certain parts of the dowry in these
+proportions: for adultery, a sixth part for each of the children up to
+one half of the whole; for lighter offences, an eighth part; if the
+husband had gone to expense or had incurred civil obligations for his
+wife's benefit or if she had removed any of his property, he could
+recover the amount.[106]
+
+A year and six months must elapse after a divorce before the woman was
+allowed to marry again.[107] If at the time of the divorce she was
+pregnant, her husband was obliged to support her offspring, provided
+that within thirty days after the separation she informed him of her
+condition.[108] She could sue her former husband for damages if he
+insulted her.[109] Whether the children should stay with the mother or
+father was left to the discretion of the judge.[110]
+
+[Sidenote: Property rights of widows and single women.]
+
+The married woman had, as I have shown, complete disposal of her own
+property. Let us see next what rights those women had over their
+possessions who were widows or spinsters.
+
+Roman Law constantly strove to protect the children and laid it down as
+a maxim that the property of their parents belonged to them.[111] A
+widow could not therefore, except by special permission from the
+emperor,[112] be the legal guardian of her children, but must ask the
+court to appoint one upon the death of her husband.[113] This was to
+prevent possible mismanagement and because "to undertake the legal
+defence of others is the office of men."[114] But she was permitted to
+assume complete charge of her children's property during their minority
+and enjoy the usufruct; only she must render an account of the goods
+when the children arrived at maturity.[115] We have many instances of
+women who managed their children's patrimony and did it exceedingly
+well. "You managed our patrimony in such wise," writes Seneca to his
+mother,[116] "that you exerted yourself as if it were yours and yet
+abstained from it as if it belonged to others."[117] Agricola,
+father-in-law of Tacitus, had such confidence in his wife's business
+ability that he made her co-heir with his daughter and the Emperor
+Domitian.[118] A mother could get an injunction to restrain extravagance
+on the part of her children.[119] Women could not adopt.[120]
+
+Married women, spinsters, and widows had as much freedom as men in
+disposing of property by will. If there were children, the Roman law put
+certain limitations on the testator's powers, whether man or woman. By
+the Falcidian Law no one was allowed to divert more than three fourths
+of his estate from his (or her) natural heirs.[121] But for any adequate
+cause a woman could disinherit her children completely; and there are
+many instances of this extant both in the Law Books and in the
+literature of the day.[122]
+
+Single women had grown absolutely unshackled and even their guardians
+had become a mere formality, as the words of Gaius, already quoted (page
+8) prove. That they had complete disposal of their property is proved
+furthermore by the numerous complaints in Roman authors about the
+sycophants who flattered and toadied the wealthy ladies with an eye to
+being remembered in their wills.[123] For it is evident that if these
+women had not had the power freely to dispose of their own property,
+there would have been no point in paying them such assiduous court. The
+legal age of maturity was now twenty-five for both male and female.
+
+[Sidenote: Women engaged in business pursuits.]
+
+Women engaged freely in all business pursuits. We find them in all kinds
+of retail trade and commerce,[124] as members of guilds,[125] in
+medicin[126] innkeeping,[127] in vaudevil[128]; there were even
+female barbers[129] and charioteer[130]. Examples of women who toiled
+for a living with their own hands are indeed very old, as the widow,
+described by Homer, who worked for a scanty wage to support her
+fatherless children, or the wreathmaker, mentioned by Aristophanes.[131]
+But such was the case only with women of the lower classes; the lady of
+high birth acted through her agents.[132]
+
+[Sidenote: The right of women to sue.]
+
+When so many women were engaged in business, occasions for lawsuits
+would naturally arise; we shall see next what power the woman had to
+sue. It was a standing maxim of the law that a woman by herself could
+not conduct a case in court.[133] She had to act through her agent, if
+she was independent, otherwise through her guardian. The supreme judge
+at Rome and the governor in a province assigned an attorney to those who
+had no agent or guardian.[134] But in this case again custom and the law
+were at variance. Various considerations will make it clear that women
+who sued had, in practice, complete disposal of the matter. I.--A woman
+who was still under the power of her father must, according to law, sue
+with him as her agent or appoint an agent to act with him. Nevertheless,
+a father could do nothing without the consent of his daughter.[135]
+Obviously, then, so far as the power of the father was concerned, a
+woman had practically the management of her suit. II.--The husband had
+no power. If he tried to browbeat her as to what to do, she could send
+him a divorce, a privilege which she had at her beck and call, as we
+have seen; and then she could force him to give her any guardian she
+wanted.[136] III.--That the authority of other guardians was in practice
+a mere formality, I have already proved (pp. 7 and 8).
+
+From these considerations it is clear that the woman's wishes were
+supreme in the conduct of any suit. Moreover, the law expressly states
+that women may appoint whatever attorneys or agents they desire, without
+asking the consent of their legal guardians[137]; and thus they were at
+liberty to select a man who would manage things as they might direct.
+There were cases where even the strict letter of the law permitted women
+to lay an action on their own responsibility alone: if, when a suit for
+recovery of dowry was brought, the father was absent or hindered by
+infirmities[138]; if the woman sued or was sued to get or render an
+account of property managed in trust[139]; to avenge the death of a
+parent or children, or of patron or patroness and their children[140];
+to lay bare any matter pertaining to the public grain supply[141]; and
+to disclose cases of treason.[142]
+
+[Sidenote: Instances of women pleading in public and suing.]
+
+We read of many cases of women pleading publicly and bringing suit.
+Indeed, according to Juvenal--who is, however, a pessimist by
+profession--the ladies found legal proceedings so interesting that
+bringing suit became a passion with them as strong as it had once been
+among the Athenians. Thus Juvenal[143]: "There is almost no case in
+which a woman wouldn't bring suit. Manilia prosecutes, when she isn't a
+defendant. They draw up briefs quite by themselves, and are ready to
+cite principles and authorities to Celsus [a celebrated lawyer of that
+time]." Of pleading in public one of the celebrated instances was that
+of Hortensia, daughter of the great orator Quintus Hortensius, Cicero's
+rival. On an occasion when matrons had been burdened with heavy taxes
+and none of their husbands would fight the measure, Hortensia pleaded
+the case publicly with great success. All writers speak of her action
+and the eloquence of her speech with great admiration.[144] We hear also
+of a certain Gaia Afrania, wife of a Senator; she always conducted her
+case herself before the supreme judge, "not because there was any lack
+of lawyers," adds her respectable and scandalised historian,[145] "but
+because she had more than enough of impudence."
+
+Quintilian mentions several cases of women being sued[146]; Pliny tells
+how he acted as attorney for some[147]; and the Law Books will supply
+any one curious in the matter with abundant examples.[148] A quotation
+from Pliny[149] will give an idea of the kind of suit a woman might
+bring, and the great interest aroused thereby: "Attia Viriola, a woman
+of illustrious birth and married to a former supreme judge, was
+disinherited by her eighty-year-old father within eleven days after he
+had brought Attia a stepmother. Attia was trying to regain her share of
+her father's estate. One hundred and eighty jurors sat in judgment. The
+tribunal was crowded, and from the higher part of the court both men and
+women strained over the railings in their eagerness to hear (which was
+difficult), and to see (which was easy)."
+
+[Sidenote: Partiality of the law to women.]
+
+There were many legal qualifications designed to help women evade the
+strict letter of the law when this, if enforced absolutely, would work
+injustice. Ignorance of the law, if there was no criminal offence
+involving good morals, was particularly accepted in the case of women
+"on account of the weakness of the sex."[150] A typical instance of the
+growth of the desire to help women, protect them as much as possible,
+and stretch the laws in their favour, may be taken from the senatorial
+decree known as the Senatus Consultum Velleianum.[151] This was an order
+forbidding females to become sureties or defendants for any one in a
+contract. But at the end of the first century of our era the Senate
+voted that the law be emended to help women and to give them special
+privileges in every class of contract. "We must praise the
+farsightedness of that illustrious order," comments the great jurist
+Ulpian,[152] "because it brought aid to women on account of the weakness
+of the sex, exposed, as it is, to many mishaps of this sort."
+
+[Sidenote: Rights of women to inherit.]
+
+The rights of women to inherit under Roman law deserve some mention.
+Here again we may note a steady growth of justice. Some general examples
+will make this clearer, before I treat of the specific powers of
+inheritance. I.--In the year 169 B.C. the Tribune Quintus Voconius Saxa
+had a law passed which restricted greatly the rights of women to
+inherit.[153] According to Dio[154] no woman was, by this statute,
+permitted to receive more than 25,000 sesterces--1250 dollars. In the
+second century after Christ, this law had fallen into complete
+desuetude.[155] II.--By the Falcidian Law, passed in the latter part of
+the first century B.C., no citizen was allowed to divert more than three
+fourths of his estate from his natural heirs.[156] The Romans felt
+strongly against any man who disinherited his children without very good
+reason; the will of such a parent was called _inofficiosum_, "made
+without a proper feeling of duty," and the disinherited children had an
+action at law to recover their proper share.[157] A daughter was
+considered a natural heir no less than a son and had equal privileges in
+succession[158]; and so women were bound to receive some inheritance at
+least. III.--It is a sad commentary on Christian rulers that for many
+ages they allowed the crimes of the father to be visited upon his
+children and by their bills of attainder confiscated to the state the
+goods of condemned offenders. Now, the Roman law stated positively that
+"the crime or punishment of a father can inflict no stigma on his
+child."[159] So far as the goods of the father were concerned, the
+property of three kinds of criminals escheated to the crown: (1) those
+who committed suicide while under indictment for some crime,[160] (2)
+forgers,[161] (3) those guilty of high treason[162]. Yet it seems
+reasonable to doubt whether these laws were very often carried out
+strictly to the letter. For example, the law did indeed hold that the
+estate of a party guilty of treason was confiscated to the state[163];
+but even here it was expressly ordained that the goods of the condemned
+man's freedmen be reserved for his children.[164] Moreover, in actual
+practice we can find few instances where the law was executed in its
+literal severity even under the worst tyrants. It was Julius Caesar who
+first set the splendid example of allowing to the children of his dead
+foes full enjoyment of their patrimonies.[165] Succeeding emperors
+followed the precedent.[166] Tyrants like Tiberius and Nero, strangely
+enough, in a majority of cases overruled the Senate when it proposed to
+confiscate the goods of those condemned for treason, and allowed the
+children a large part or all of the paternal estate.[167] Hadrian gave
+the children of proscribed offenders the twelfth part of their father's
+goods.[168] Antoninus Pius gave them all.[169] There was a strong public
+feeling against bills of attainder and this sentiment is voiced by all
+writers of the Empire. The law forbade wives to suffer any loss for any
+fault of their husbands.[170]
+
+Since we have now noticed that women could inherit any amount, that they
+were bound to receive something under their fathers' wills, and that the
+guilt of their kin could inflict no prejudice upon them in the way of
+bills of attainder involving physical injury or civil status and, in
+practice, little loss so far as inheriting property was concerned, we
+may pass to a contemplation of the specific legal rights of inheritance
+of women.
+
+If women were to be disinherited, it was sufficient to mention them in
+an aggregate; but males must be mentioned specifically.[171] If,
+however, they were disinherited in an aggregate (_inter ceteros_), some
+legacy had to be left them that they might not seem to have been passed
+over through forgetfulness.[172] I shall not concern myself particularly
+with testate succession, because here obviously the will of the testator
+could dispose as he wished, except in so far as he was limited by the
+Falcidian Law. The matter of intestate succession may well claim our
+attention; for therein we shall see what powers of inheritance were
+given the female sex. The general principles are explained by Gaius
+(iii, 1-38); and these principles followed, in the main, the law as laid
+down in the Twelve Tables (451 B.C.). According to these, the estates of
+those who died intestate belonged first of all to the children who were
+in the power of the deceased at the time of his death; there was no
+distinction of sex; the daughters were entitled to precisely the same
+amount as the sons.[173] If the children of the testator had died, the
+grandson or granddaughter _through the son_ succeeded; or the
+great-grandson or great-granddaughter through the _grandson_. If a son
+a daughter were alive, as well as grandsons and granddaughters through
+the _son_, they were all equally called to the estate. The estate was
+not divided per capita, but among families as a whole; for example, if
+of two sons one only was alive, but the other had left children, the
+testator's surviving son received one half of the patrimony and his
+grandchildren through his other son the other half, to be divided among
+them severally. If, then, there were six grandchildren, each received
+one twelfth of the estate.
+
+Here the powers of women to inherit stopped. Beyond the tie of
+_consanguinitas_, that is, that of daughter to father, or granddaughter
+through a _son_, the female line must at once turn aside, and had no
+powers; the estate descended to the _agnati_, that is, male relatives on
+the father's side. Hence a mother was shut out by a brother of the
+deceased or by that brother's children. If there were no _agnati_, the
+goods were given to the _gentiles_, male relatives of the clan bearing
+the same name. In fact, under this regime we may say that of the female
+line the daughter alone was sure of inheriting something.
+
+In the days of the Empire some attempts were made to be more just. It
+was enacted[174] that all the children should be called to the estate,
+whether they had been under the power of the testator at the time of his
+death or not; and female relatives were now allowed to come in for
+their share "in the third degree," that is, if there was neither a child
+or an agnate surviving. This was not much of an improvement; and the
+principle of agnate succession is the only point in which Roman law
+failed to give to women those equal rights which it allowed them in
+other cases.
+
+[Sidenote: Protection of property of children.]
+
+There is no point on which Roman law laid more stress than that the
+children, both male and female, were to be constantly protected and must
+receive their legal share of their father's or mother's goods. After a
+husband's divorce or death his wife could, indeed, enjoy possession of
+the property and the usufruct; but the principal had to be conserved
+intact for the children until they arrived at maturity. In the same way
+a father was obliged to keep untouched for the children whatever had
+been left them by the mother on her decease[175]; and he must also leave
+them that part, at least, of his own property prescribed by the
+Falcidian Law. A case--and it was common enough in real life--such as
+that described by Dickens in _David Copperfield_, where, by the English
+law, a second husband acquired absolute right over his wife's property
+and shut out her son, would have been impossible under Roman law.
+Neither husband nor wife could succeed to one another's intestate estate
+absolutely unless there were no children, parents, or other relatives
+living.[176]
+
+[Sidenote: Punishment of crimes against women.]
+
+Rape of a woman was punished by death; accessories to the crime merited
+the same penalty.[177] Indecent exposure before a virgin met with
+punishment out of course.[178] Kidnapping was penalised by hard labour
+in the mines or by crucifixion in the case of those of humble birth, and
+by confiscation of half the goods and by perpetual exile in the case of
+a noble.[179] Temporary exile was visited upon those guilty of abortion
+themselves[180]; if it was caused through the agency of another, the
+agent, even though he or she did so without evil intent, was punished by
+hard labour in the mines, if of humble birth, and by relegation to an
+island and confiscation of part of their goods, if of noble rank.[181]
+If the victim died, the person who caused the abortion was put to
+death.[182]
+
+[Sidenote: Rights of women to an education.]
+
+The rights of women to an education were not questioned. That Sulpicia
+could publish amatory poems in honour of her husband and receive
+eulogies from writers like Martial[183] shows that she and ladies like
+her occupied somewhat the same position as Olympia Morata and Tarquinia
+Molza later in Italy during the Renaissance, or like some of the
+celebrated Frenchwomen, such as Madame de Stael. Seneca addresses a
+_Dialogue on Consolation_ to one Marcia; such an idea would have made
+the hair of any Athenian gentleman in the time of Socrates stand on end.
+Aspasia was obliged to be a courtesan in order to become educated and to
+frequent cultivated society[184]; Sulpicia was a noble matron in good
+standing. The world had not stood still since Socrates had requested
+some one to take Xanthippe home, lest he be burdened by her sympathy in
+his last moments. Pains were taken that the Roman girl of wealth should
+have special tutors.[185] "Pompeius Saturninus recently read me some
+letters," writes Pliny[186] to one of his correspondents, "which he
+insisted had been written by his wife. I believed that Plautus or
+Terence was being read in prose. Whether they are really his wife's, as
+he maintains; or his own, which he denies; he deserves equal honour,
+either because he composes them, or because he has made his wife, whom
+he married when a mere girl, so learned and polished." The enthusiasm of
+the ladies for literature is attested by Persius.[187]
+
+According to Juvenal, who, as an orthodox satirist, was not fond of the
+weaker sex, women sometimes became over-educated. He growls as
+follows[188]: "That woman is a worse nuisance than usual who, as soon as
+she goes to bed, praises Vergil; makes excuses for doomed Dido; pits
+bards against one another and compares them; and weighs Homer and Maro
+in the balance. Teachers of literature give way, professors are
+vanquished, the whole mob is hushed, and no lawyer or auctioneer will
+speak, nor any other woman." The prospect of a learned wife filled the
+orthodox Roman with peculiar horror.[189] No Roman woman ever became a
+public professor as did Hypatia or, ages later, Bitisia Gozzadina, who,
+in the thirteenth century, became doctor of canon and civil law at the
+University of Bologna.
+
+I have been speaking of women of the wealthier classes; but the poor
+were not neglected. As far back as the time of the Twelve Tables--450
+B.C.--parents of moderate means were accustomed to club together and
+hire a schoolroom and a teacher who would instruct the children, girls
+no less than boys, in at least the proverbial three R's. Virginia was on
+her way to such a school when she encountered the passionate gaze of
+Appius Claudius. Such grammar schools, which boys and girls attended
+together, flourished under the Empire as they had under the
+Republic.[190] They were not connected with the state, being supported
+by the contributions of individual parents. To the end we cannot say
+that there was a definite scheme of public education for girls at the
+state's expense as there was for boys.[191] Still, the emperors did
+something. Trajan, Hadrian, Antoninus Pius, Marcus Aurelius, and
+Alexander Severus, for example, regularly supplied girls and boys with
+education at public expense[192]; under Trajan there were 5000 children
+so honoured. Public-spirited citizens were also accustomed to contribute
+liberally to the same cause; Pliny on one occasion[193] gave the
+equivalent of $25,000 for the support and instruction of indigent boys
+and girls.
+
+[Sidenote: The Vestals.]
+
+It may not be out of place to speak briefly of the Vestal Virgins, the
+six priestesses of Vesta, who are the only instances in pagan antiquity
+of anything like the nuns of the Christians. The Vestals took a vow of
+perpetual chastity.[194] They passed completely out of the power of
+their parents and became entirely independent. They could not receive
+the inheritance of any person who died intestate, and no one could
+become heir to a Vestal who died intestate. They were allowed to be
+witnesses in court in public trials, a privilege denied other women.
+Peculiar honour was accorded them and they were regularly appointed the
+custodians of the wills of the emperors.[195]
+
+[Sidenote: Female slaves.]
+
+The position of women in slavery merits some attention, in view of the
+huge multitudes that were held in bondage. Roman law acknowledged no
+legal rights on the part of slaves[196]. The master had absolute power
+of life and death.[197] They were exposed to every whim of master or
+mistress without redress.[198] If some one other than their owner harmed
+them they might obtain satisfaction through their master and for his
+benefit; but the penalty for the aggressor was only pecuniary.[199] A
+slave's evidence was never admitted except under torture.[200] If a
+master was killed, every slave of his household and even his freedmen
+and freedwomen were put to torture, although the culprit may already
+have been discovered, in order to ascertain the instigator of the plot
+and his remotest accessories.[201]
+
+The earlier history of Rome leaves no doubt that before the Republic
+fell these laws were carried out with inhuman severity. With the
+growth of Rome into a world power and the consequent rise of
+humanitarianism[202] a strong public feeling against gratuitous cruelty
+towards slaves sprang up. This may be illustrated by an event which
+happened in the reign of Nero, in the year 58, when a riot ensued out of
+sympathy for some slaves who had been condemned _en masse_ after their
+master had been assassinated by one of them.[203] Measures were
+gradually introduced for alleviating the hardships and cruelties of
+slavery. Claudius (41-54 A.D.) ordained[204] that since sick and infirm
+slaves were being exposed on an island in the Tiber sacred to
+Aesculapius, because their masters did not wish to bother about
+attending them, all those who were so exposed were to be set free if
+they recovered and never to be returned into the power of their masters;
+and if any owner preferred to put a slave to death rather than expose
+him, he was to be held for murder. Gentlemen began to speak with
+contempt of a master or mistress who maltreated slaves.[205] Hadrian
+(117-138 A.D.) modified the old laws to a remarkable degree: he forbade
+slaves to be put to death by their masters and commanded them to be
+tried by regularly appointed judges; he brought it about that a slave,
+whether male or female, was not to be sold to a slave-dealer or trainer
+for public shows without due cause; he did away with _ergastula_ or
+workhouses, in which slaves guilty of offences were forced to work off
+their penalties in chains and were confined to filthy dungeons; and he
+modified the law previously existing to the extent that if a master was
+killed in his own house, the inquisition by torture could not be
+extended to the whole household, but to those only who, by proximity to
+the deed, could have noticed it.[206] Gaius observes[207] that for
+slaves to be in complete subjection to masters who have power of life
+and death is an institution common to all nations, "But at this time,"
+he continues, "it is permitted neither to Roman citizens nor any other
+men who are under the sway of the Roman people to vent their wrath
+against slaves beyond measure and without reason. In fact, by a decree
+of the sainted Antoninus (138-161 A.D.) a master who without cause kills
+his slave is ordered to be held no less than he who kills another's
+slave.[208] An excessive severity on the part of masters is also checked
+by a constitution of the same prince. On being consulted by certain
+governors about those slaves who rush for refuge to the shrines of the
+gods or the statues of emperors, he ordered that if the cruelty of
+masters seemed intolerable they should be compelled to sell their
+slaves." Severus ordained that the city prefect should prevent slaves
+from being prostituted[209]. Aurelian gave his slaves who had
+transgressed to be heard according to the laws by public judges[210].
+Tacitus procured a decree that slaves were not to be put to
+inquisitorial torture in a case affecting a master's life, not even if
+the charge was high treason[211]. So much for the laws that mitigated
+slavery under the Empire. They were not ideal; but they would in more
+respects than one compare favourably with the similar legislation that
+was in force, prior to the Civil War, in the American Slave States.
+
+
+SOURCES
+
+I. Iurisprudentiae Anteiustinianae quae Supersunt. ed. Ph. Eduardus
+Huschke. Lipsiae (Teubner), 1886 (fifth edition).
+
+II. Codex Iustinianus. Recensuit Paulus Krueger. Berolini apud
+Weidmannos, 1877.
+
+Corpus Iuris Civilis: Institutiones recognovit Paulus Krueger; Digesta
+recognovit Theodorus Mommsen. Berolini apud Weidmannos, 1882.
+
+Novellae: Corpus Iuris Civilis. Volumen Tertium recognovit Rudolfus
+Schoell; Opus Schoellii morte interceptum absolvit G. Kroll. Berolini
+apud Weidmannos, 1895.
+
+III. The Fragments of the Perpetual Edict of Salvius Julianus. Edited by
+Bryan Walken Cambridge University Press. 1877.
+
+IV. Pomponii de Origine Iuris Fragmentum: recognovit Fridericus
+Osannus. Gissae, apud Io. Rickerum, 1848.
+
+V. Corpus Inscriptionum Latinarum, Consilio et Auctoritate Academiae
+Litterarum Regiae Borussicae editum. Berolini apud Georgium Reimerum
+(begun in 1863).
+
+VI. Valerii Maximi Factorum et Dictorum Memorabilium Libri Novem: cum
+Iulii Paridis et Ianvarii Nepotiani Epitomis: iterum recensuit Carolus
+Kempf. Lipsiae (Teubner), 1888.
+
+VII. Cassii Dionis Cocceiani Rerum Romanarum libri octaginta: ab
+Immanuele Bekkero Recogniti. Lipsiae, apud Weidmannos, 1849.
+
+VIII. C. Suetoni Tranquilli quae Supersunt Omnia: recensuit Carolus L.
+Roth. Lipsiae (Teubner), 1898.
+
+IX. A. Persii Flacci, D. Iunii Iuvenalis, Sulpiciae Saturae; recognovit
+Otto Iahn. Editio altera curam agente Francisco Buecheler. Berolini,
+apud Weidmannos, 1886.
+
+X. Eutropi Breviarium ab Urbe Condita: recognovit Franciscus Ruehl.
+Lipsiae (Teubner), 1897.
+
+XI. Herodiani ab Excessu Divi Marci libri octo: ab Immanuele Bekkero
+recogniti. Lipsiae (Teubner), 1855.
+
+XII. A. Gellii Noctium Atticarum libri XX: edidit Carolus Hosius.
+Lipsiae (Teubner), 1903.
+
+XIII. Petronii Saturae et Liber Priapeorum: quartum edidit Franciscus
+Buecheler: adiectae sunt Varronis et Senecae Saturae similesque
+Reliquiae. Berolini, apud Weidmannos, 1904.
+
+XIV. M. Valerii Martialis Epigrammaton libri: recognovit Walther
+Gilbert. Lipsiae (Teubner), 1896.
+
+XV. Cornelii Taciti Libri qui Supersunt: quartum recognovit Carolus
+Halm. Lipsiae (Teubner), 1901.
+
+XVI. C. Vellei Paterculi ex Historiae Romanae libris duobus quae
+supersunt: edidit Carolus Halm. Lipsiae (Teubner), 1876.
+
+XVII. L. Annaei Senecae Opera quae Supersunt: recognovit Fridericus
+Haase. Lipsiae (Teubner), 1898.
+
+XVIII. Athenaei Naucratitae Deipnosophistaro libri XV: recensuit
+Georgius Kaibel. Lipsiae (Teubner), 1887.
+
+XIX. Lucii Apulei Metamorphoseon libri XI. Apologia et Florida.
+Recensuit J. van der Vliet. Lipsiae (Teubner), 1897.
+
+XX. C. Plini Caecili Secundi Epistularum libri novem. Epistularum ad
+Traianum liber. Panegyricus. Recognovit C.F.W. Mueller. Lipsiae
+(Teubner), 1903.
+
+XXI. Scriptores Historiae Augustae: edidit Hermannus Peter. Lipsiae
+(Teubner), 1888.
+
+XXII. M. Fabii Quintiliani Institutionis Oratoriae libri XII: recensuit
+Eduardus Bonnell. Lipsiae (Teubner), 1905.
+
+XXIII. Marci Antonini Commentariorum libri XII: iterum recensuit Ioannes
+Stich. Lipsiae (Teubner), 1903.
+
+XXIV. C. Plinii Secundi Naturalis Historiae libri XXXVII: recognovit
+Ludovicus Ianus. Lipsiae (Teubner), 1854.
+
+XXV. XII Panegyrici Latini: recensuit Aemilius Baehrens. Lipsiae
+(Teubner), 1874.
+
+XXVI. Plutarchi Scripta Moralia, Graece et Latine: Parisiis, editore
+Ambrosio F. Didot, 1841.
+
+Plutarchi Vitae Parallelae: iterum recognovit Carolus Sintennis. Lipsiae
+(Teubner), 1884.
+
+XXVII. Ammiani Marcellini Rerum Gestarum libri qui supersunt: recensuit
+V. Gardthausen. Lipsiae (Teubner), 1875.
+
+XXVIII. Poetae Latini Minores: recensuit Aemilius Baehrens. Lipsiae
+(Teubner), 1883.
+
+NOTES:
+
+[1] Paulus, iii, 4_a_, 1.
+
+[2] Ulpian, Tit., xx, 16. Gaius, ii, 112.
+
+[ 3: Male relatives on the father's side--agnati--were guardians
+in such cases; these failing, the judge of the supreme court (praetor)
+assigned one. See Ulpian, Tit., xi, 3, 4, and 24. Gaius, i, 185, and
+iii, 10. Libertae (freedwomen) took as guardians their former masters.]
+
+[4] Ulpian, Tit., xi, 27.
+
+[5] The power of the father was called _potestas_; that of the husband,
+_manus_.
+
+[6] Aulus Gellius, x, 23. Cf. Suetonius, _Tiberius_, 35.
+
+[7] Gaius, i, 144.
+
+[8] Ulpian, Tit., xi, I.
+
+[9] Ulpian, Tit., xi, 28a. Gaius, i, 194. Paulus, iv, 9, 1-9.
+
+[10] Gaius, i, 145. Ulpian, Tit., x, 5.
+
+[11] Gaius, i, 137. For an example see Pliny, _Letters_, viii, 18. Cf.
+Spartianus. _Didius Iulianus_, 8: filiam suam, potitus imperio, dato
+patrimonio, emancipaverat. See also Dio, 73, 7 (Xiphilin).
+
+If emancipated children insulted or injured their parents, they lost
+their independence--Codex, 8, 49 (50), 1.
+
+[12] Ulpian, Tit., viii, 7_a_.
+
+[13] Paulus, i, 4, 4; Mater, quae filiorum suorum rebus intervenit,
+actione negotiorum gestorum et ipsis et eorum tutoribus tenebitur.
+
+[14] Ulpian in Dig., 25, 3, 5.
+
+[15] For Livia's great influence over Augustus see Seneca, _de
+Clementia_, i, 9, 6. Tacitus, _Annals_, i, 3, 4, and 5, and ii, 34. Dio,
+55, 14-21, and 56, 47.
+
+Agrippina dominated Claudius--Tacitus, _Annals_, xii, 37. Dio, 60, 33.
+Caenis, the concubine of Vespasian, amassed great wealth and sold public
+offices right and left--Dio, 65, 14. Plotina, wife of Trajan, engineered
+Hadrian's succession--Eutropius, viii, 6. Dio, 69, I. A concubine formed
+the conspiracy which overthrew Commodus--Herodian, i, 16-17. The
+plotting of Maesa put Heliogabalus on the throne--Capitolinus,
+_Macrinus_, 9-10. Alexander Severus was ruled by his mother
+Mammaea--Lampridius, _Alex. Severus_, 14; Herodian, vi, i, i and 9.
+Gallienus invited women to his cabinet meetings--Trebellius Pollio,
+Gallienus, 16. The wives of governors took such a strenuous part in
+politics and army matters that it caused the Senate grave concern--see
+examples in Tacitus, Annals, in, 33 and 34, and iv, 20; also i, 69, and
+ii, 55; id. _Hist_., iii, 69. Vellcius Paterculus, ii, 74 (Fulvia).
+
+Of course, no woman ever had a right to vote; but neither did anybody
+else, since the Roman government had become an absolute despotism. The
+first woman on the throne was Pulcheria, who, in 450 A.D., was
+proclaimed Empress of the East, succeeding her brother, Theodosius II.
+But she soon took a husband and made him Emperor. She had been
+practically sole ruler since 414.
+
+[16] Plutarch, _Roman Questions_, 6. Aulus Gellius, x, 23. Athenaeus, x,
+56.
+
+[17] Valerius Maximus, vi, 3, 9. For this he was not even blamed, but
+rather received praise for the excellent example.
+
+[18] Aulus Gellius, x, 23. A woman in the _Menaechmi_ of Plautus, iv, 6,
+1, complains justly of this double standard of morality:
+
+Nam si vir scortum duxit clam uxorem suam, Id si rescivit uxor, impune
+est viro. Uxor viro si clam domo egressa est foras, Viro fit causa,
+exigitur matrimonio. Utinam lex esset cadem quae uxori est viro!
+
+[19] Aulus Gellius, i, 6.
+
+[20] De Consolatione ad Marciam, xvi, 1.
+
+[21] _Commentaries_, A, [Greek: gamma].
+
+[22] Quintilian, _Instit. Orat_., vi, 1, 5. Pliny, _Letters_, vi, 4 and
+7, and vii, 5.
+
+[23] Great admiration expressed for Paulina, wife of Seneca, who opened
+her veins to accompany her husband in death--Tacitus, _Annals_, xv, 63,
+64. Story of Arria and Paetus--Pliny, _Letters_, iii, 16. Martial, i,
+13. The famous instance of Epponina, under Vespasian, and her attachment
+to her condemned husband--Tacitus, _Hist_., iv, 67. Tacitus mentions
+that many ladies accompanied their husbands to exile and
+death--_Annals_, xvi, 10, 11. Numerous instances are related by Pliny of
+tender and happy marriages, terminated only by death--see, e.g.,
+_Letters_, viii, 5. Pliny the elder tells how M. Lepidus died of regret
+for his wife after being divorced from her--_N.H._, vii, 36. Valerius
+Maximus devotes a whole chapter to Conjugal Love--iv, 6. But the best
+examples of deep affection are seen in tomb inscriptions--e.g., CIL i,
+1103, viii, 8123, ii, 3596, v, 1, 3496, v, 2, 7066, x, 8192, vi, 3,
+15696, 15317, and 17690. Man and wife are often represented with arms
+thrown about one another's shoulders to signify that they were united in
+death as in life. The poet Statius remarks that "to love a wife when she
+is living is pleasure; to love her when dead, a solemn duty" (Silvae, in
+prooemio). Yet some theologians would have us believe that conjugal love
+and fidelity is an invention of Christianity.
+
+[24] Pliny, _Panegyricus_, 26. For other instances see Capitolinus,
+_Anton. Pius_, 8; Lampridius, _Alex. Severus_, 57; Spartianus, Hadrian,
+7, 8, 9; Capitolinus, _M. Anton. Phil_., 11.
+
+[25] Gaius, i, 190.
+
+[26] Ulpian, Tit. xi, 25. Cf. Frag, iur Rom. Vatic. (Huschke, 325): Divi
+Diocletianus et Constantius Aureliae Pontiae: Actor rei forum sequi
+debet et mulier quoque facere procuratorem _sine tutoris auctoritate non
+prohibetur_. So Papinian, lib. xv, Responsorum (Huschke, 327). I shall
+discuss these matters at greater length when I treat of women and the
+management of their property.
+
+[27] Dio, 54, 16. Pomponius in Dig., 23, 2, 4.
+
+[28] Gaius, i, 113.
+
+[29] Ulpian, Tit., ix, 1: Farreo convenit uxor in manum certis verbis et
+testibus X praesentibus et sollemni sacrificio facto, in quo panis
+quoque farreus adhibetur. Cf. Gaius, i, 112.
+
+[30] Aulus Gellius, iii, 2, 12. Gaius, i, 111.
+
+[31] Gaius, i, 110 and 111.
+
+[32] Paulus, ii, xix, 8.
+
+[33] Pliny, _Letters_, i, 14, will furnish an example; cf. id. vi, 26,
+to Servianus: Gaudeo et gratulor, quod Fusco Salinatori filiam tuam
+destinasti. Note the way in which Julius Caesar arranged a match for his
+daughter--Suetonius, _Divus Julius_, 21.
+
+[34] Paulus in Dig., 23, 2, 2: Nuptiae consistere non possunt, nisi
+consentiunt omnes, id est, qui coeunt quorumque in potestate sunt.
+
+[35] Julianus in Dig., 23, 1, 11.
+
+[36] Ulpian in Dig., 23, 1, 12.
+
+[37] Paulus in Dig., 23, 1, 13. Terentius Clemens in Dig., 23, 2, 21.
+
+[38] Paulus, ii, 19, 2.
+
+[39] Ulpian, 24, 17.
+
+[40] Cf. Ulpian, Tit., vi, 6: Divortio facto, si quidem sui juris sit
+muller, ipsa habet rei uxoriae actionem, id est, dotis repetitionem;
+quodsi in potestate patris sit, pater adiuncta filiae persona habet
+actionem.
+
+The technical recognition of the father's power was still strong. Cf.
+Pliny, _Panegyricus_, 38: Tu quidem, Caesar ... intuitus, opinor, vim
+legemque naturae, quae semper in dicione parentum esse liberos iussit.
+The same writer, on requesting Trajan to give citizenship to the
+children of a certain freedman, is careful to add the specification that
+they are to remain in their father's power--see Pliny to Trajan, xi
+(vi).
+
+[41] Paulus, vi, 15. Codex, v, 4, 11, and 17, 5.
+
+[42] Paulus, in Dig., 23, 3, 28. Codex, v, 13, 1, and 18, 1.
+
+[43] Codex, v, 17, 5.
+
+[44] Salvius Julianus: Frag. Perp. Ed.: Pars Prima, vii--under "De is
+qui notantur infamia."
+
+[45] Codex, 8, 46 (47), 5.
+
+[46] Aulus Gellius, iv, 4.
+
+[47] Juvenal, vi, 200-203. Gaius in Dig., 24, 2, 2. Ulpian, ibid., 23,
+I, 10. Codex, v, 17, 2, and v, I, I.
+
+[48] Codex, v, 3, 2.
+
+[49] Dig., 3, 2, 1.
+
+[50] Ulpian in Dig., 47, 10, 24.
+
+[51] Cf. Alexander Severus in Codex, viii, 38, 2: Libera matrimonia esse
+antiquitus placuit, etc. Also Codex, v, 4, 8 and 14.
+
+[52] Modestinus in Dig., xxiii, 2, 1.
+
+[53] Gaius, ii, 159.
+
+[54] Paulus, ii, xx, 1.
+
+[55] Note the rescript of Alexander Severus to a certain Aquila (Codex,
+ii, 18, 13): Quod in uxorem tuam aegram erogasti, non a socero repetere,
+sed adfectioni tuae debes expendere.
+
+[56] See, e.g., Dig., 47, 10, and Ulpian, ibid., 48, 14, 27.
+
+[57] Cf. Gaius, i, 141: In summa admonendi sumus, adversus eos, quos in
+mancipio habemus, nihil nobis contumeliose facere licere; alioquin
+iniuriarum (actione) tenebimur.
+
+[58] Paulus, i, 21, 13.
+
+[59] Paulus, i, 21, 14.
+
+[60] Codex, ii, 11, 15
+
+[61] Paulus in Dig., iii, 2, 9.
+
+[62] Aulus Gellius, xvii, 6, speech of Cato: Principio vobis mulier
+magnam dotem adtulit; tum magnam pecuniam recipit, quam in viri
+potestatem non committit, ean pecuniam viro mutuam dat; postea, ubi
+irata facta est, servum recepticum sectari atque flagitare virum iubet.
+
+[63] Paulus in Dig., 23, 3, 2.
+
+[64] Pomponius in Dig., 24, 3, 1.
+
+[65] Ulpian in Dig., 23, 3, 7.
+
+[66] Tryfoninus in Dig., 23, 3, 75.
+
+[67] Gaius, ii, 63. Paulus, ii, 21b.
+
+[68] E.g. Juvenal, vi, 136-141. Martial, viii, 12.
+
+[69] Apuleius _Apologia_, 523: Pleraque tamen rei familiaris in nomen
+uxoris callidissima fraude confert, etc.; id., 545, 546 proves further
+the power of the wife: ea condicione factam conjunctionem, si nullis a
+me susceptis liberis vita demigrasset, ut dos omnis, etc.--evidently the
+woman was dictating the disposal of her dowry.
+
+[70] Ulpian, Tit., vi, 3, 4, and 5. Codex, v, 18, 4.
+
+[71] Ulpian in Dig., xi, 7, 16; ibid., Papinian, 17; ibid, Julianus, 18.
+Paulus, i, xxi, 11.
+
+[72] Ulpian in Dig., 48, 20, 3.
+
+[73] Ulpian in Dig., 48, 20, 5.
+
+[74] Ulpian in Dig., 24, 1, 1: Moribus apud nos receptum est, ne inter
+virum et uxorem donationes valerent, hoc autem receptum est, ne mutuo
+amore invicem spoliarentur, donationibus non temperantes, sed profusa
+erga se facilitate.
+
+[75] Paulus in Dig., 24, 1, 14.
+
+[76] Gaius in Dig., 24, 1, 42; ibid., Licinius Rufus, 41; Ulpian, Tit.
+vii, 1. Martial, vii, 64--et post hoc dominae munere factus eques.
+
+[77] Paulus, ii, xxiii, 1.
+
+[78] Cf. Paulus, ii, xxiii, 2.
+
+[79] Paulus in Dig., 25, 2, 1. Codex, v, 21, 2.
+
+[80] Gaius in Dig., 25, 2, 2.
+
+[81] Paulus in Dig., 25, 2, 3.
+
+[82] Ulpian in Dig., 47, 2, 52. The respect shown for family relations
+may be seen also from the fact that a son could _complain--de facto
+matris queri_--if he believed that his mother had brought in
+supposititious offspring to defraud him of some of his inheritance; but
+he was strictly forbidden to bring her into court with a public and
+criminal action--Macer in Dig., 48, 2, 11: _sed ream eam lege Cornelia
+facere permissum ei non est_.
+
+[83] Ulpian in Dig., 48, 14, 27.
+
+[84] Ulpian in Dig., 48, 5, 14 (13): Iudex adulterii ante oculos habere
+debet et inquirere, an maritus pudice vivens mulieri quoque bonos mores
+colendi auctor fuerit periniquum enim videtur esse, ut pudicitiam vir ab
+uxore exigat, quam ipse non exhibeat. Cf. Seneca, _Ep_., 94: Scis
+improbum esse qui ab uxore pudicitiam exigit, ipse alienarum corruptor
+uxorum. Scis ut illi nil cum adultero, sic nihil tibi esse debere cum
+pellice. Antoninus Pius gave a husband a bill for adultery against his
+wife "Provided it is established that by your life you give her an
+example of fidelity. It would be unjust that a husband should demand a
+fidelity which he does not himself keep"--quoted by St. Augustine, de
+Conj. Adult., ii, ch. 8. In view of these explicit statements it is
+difficult to see what the Church Father Lactantius meant by asserting
+(_de Vero Cultu_, 23): Non enim, sicut iuris publici ratio est, sola
+mulier adultera est, quae habet alium; maritus autem, etiamsi plures
+habeat, a crimine adulterii solutus est. Perhaps this deliberate
+distortion of the truth was another one of the libels against pagan Rome
+of which the pious Fathers are so fond "for the good of the Church."
+
+[85] Papinian in Dig., 48, 5, 21 (20); ibid., Ulpian, 24 (23). Paulus,
+ii, xxvi.
+
+[86] Macer in Dig., 48, 5, 25 (24).
+
+[87] Papinian in Dig., 48, 5, 23 (22).
+
+[88] Papinian in Dig., 48, 5, 39 (38); ibid., Marcianus, 48, 8, 1.
+
+[89] Paulus, ii, xxvi. Macer in Dig., 48, 5, 25 (24), ibid., Ulpian, 48,
+5, 30 (29).
+
+[90] Paulus, ii, xxvi.
+
+[91] Juvenal, x. 317; quosdam moechos et mugilis intrat. Cf. Catullus,
+15, 19.
+
+[92] See, e.g., Capitolinus, _Anton_. _Pius_, 3. Spartianus, _Sept.
+Severus_, 18, Pliny, _Panegyricus_, 83: multis illustribus dedecori fuit
+aut inconsultius uxor assumpta aut retenta patientius, etc.
+
+[93] Pliny, _Letters_, vi, 31.
+
+[94] Paulus, ii, xxvi, 15.
+
+[95] Valerius Maximus, ii, 1, 6.
+
+[96] Aulus Gellius, xvii, 21, 44. Valerius Maximus, ii, 1, 4. Plutarch,
+_Roman Questions_, 14.
+
+[97] Valerius Maximus, vi, 3, 12.
+
+[98] "If you should catch your wife in adultery, you would put her to
+death with impunity; she, on her part, would not dare to touch you with
+her finger; and it is not right that she should"--Speech of Cato the
+Censor, quoted by Aulus Gellius, x, 23.
+
+[99] E.g., Marcellus in Dig., 24, 3, 38: Maevia Titio repudium misit,
+etc.; ibid., Africanus, 24, 3, 34: Titia divortium a Seio fecit, etc.
+Martial, x, 41: Mense novo lani veterem, Proculeia, maritum Deseris,
+atque iubes res sibi habere suas. Apuleius, _Apologia_, 547: utramvis
+habens culpam mulier, quae aut tam intolerabilis fuit ut repudiaretur
+aut tam insolens ut repudiaret.
+
+_Novellae_, 140, 1: Antiquitus quidem licebat sine periculo tales [i.e.,
+those of incompatible temperament] ab invicem separari secundum communem
+voluntatem et consensum.
+
+[100] Martial, vi, 7.
+
+[101] Aulus Gellius, x, 15: Matrimonium flaminis nisi morte dirimi ius
+non est.
+
+[102] Tacitus, _Annals_, iv, 16.
+
+[103] Ulpian, vi, 6; id. in Dig., 24, 3, 2. Pauli fragmentam in Boethii
+commentario ad Topica, 2, 4, 19.
+
+[104] Paulus in Dig. ii,3, 41.
+
+[105] Ulpian, vi, 13.
+
+[106] Ulpian, vi, 9-17, and vii, 2-3. Pauli frag, in Boethii comm. ad
+Top., ii, 4, 19.
+
+[107] Ulpian, xiv: feminis lex Iulia a morte viri anni tribuit
+vacationem, a divortio sex mensum; lex autem Papia a morte viri biennii,
+a repudio anni et sex mensum.
+
+[108] Ulpian in Dig., 25, 3, 1. Paulus, ii, xxiv, 5.
+
+[109] Ulpian in Dig., 25, 4, 8.
+
+[110] Codex, v, 24, 1.
+
+[111] Codex, vi, 60, 1: Res, quae ex matris successione fuerint ad
+filios devolutae, ita sint in parentum potestate, ut fruendi dumtaxat
+habeant facultatem, dominio videlicet carum ad liberos pertinente.
+
+[112] Neratius in Dig., 26, 1, 18.
+
+[113] Codex, v, 35, 1.
+
+[114] Codex, ii, 12, 18: alienam suscipere defensionem virile officium
+est ... filio itaque tuo, si pupillus est, tutorem pete.
+
+[115] Ulpian, Tit. viii, 7_a_. Paulus, i, 4, 4.
+
+[116] _ad Helviam matrem de consol_., xiv, 3.
+
+[117] Other instances of women trustees will be found in Apuleius,
+_Apologia_ 516; Paulus in Dig; iii, 5,23 (24): avia nepotis sui negotia
+gessit, etc.; ibid., Marcellus, 46, 3, 48: Titia cum propter dotem bona
+mariti possideret, omnia pro domina egit, reditus exegit, etc.
+
+[118] Tacitus, _Agricola_, 43.
+
+[119] Frag. iur. Rom. Vat., 282.
+
+[120] Ulpian, viii, 7a.
+
+[121] Gaius, ii, 227. Digest, 35, 2.
+
+[122] E.g. Pliny, _Letters_, v, 1. Codex, iii, 28, 19; id., iii, 28, 28.
+Cf. Codex, iii, 29, I, and 29, 7; and Paulus in Dig., v, 2, 19. Note the
+extreme anxiety of the son of Prudentilla about her money as given by
+Apuleius, _Apologia_, 517. The estate of a mother who died intestate
+went to her children, not to her husband; the latter could only enjoy
+the interest until they arrived at maturity--Codex, vi, 60, 1;
+Modestinus in Dig., 38, 17, 4.
+
+[123] E.g., Juvenal, iv, 18-21. Pliny, _Letters_, ii, 20.
+
+[124] Digest, xiv, 1 and 3 and 8--on the actio exercitoria and
+institoria. Cf. Codex, iv, 25, 4: et si a muliere magister navis
+praepositus fuerit, etc.
+
+[125] CIL, xiv, 326.
+
+[126] Martial, xi, 71. Apuleius, _Metam_., v, 10. Soranus, i, 1, ch. 1
+and 2. Galen, vii, 414 (cf. xiii, 341).
+
+[127] E.g. Suetonius, _Nero_, 27.
+
+[128] Carmina Priapea, 18 and 27. Ulpian, xiii, 1. The Roman drama had
+now degenerated into mere vaudeville, mostly lascivious dancing.
+Senators and their children were forbidden to marry any woman who had
+herself or whose father or mother had been on the stage.
+
+[129] Martial, ii, 17, 1.
+
+[130] Petronius, _Sat_., 45: Titus noster ... habet et mulierem
+essedariam. This would not be strange, when we reflect that under
+Domitian noble ladies even fought in the arena.
+
+[131] _Thesmophoriazusae_, 443-459.
+
+[132] See Cicero, _pro Caecina_, 5, for an account of these business
+agents for women.
+
+[133] Paulus, ii, xi; id. in Dig., 16, 1, 1; Aulus Gellius, v, 19;
+Pomponius in Dig., 48, 2, 1: non est permissum mulieri publico iudicio
+quemquam reum facere.
+
+[134] Ulpian in Dig., 1, 16, 9. Salvius Julianus, Pars Prima, vi: si non
+habebunt advocatum, ego dabo. Alexander Severus (222-235 A.D.) gave
+pensions to those advocates in the provinces who pleaded free of
+charge--Lampridius, _Alex. Severus_, 44.
+
+[135] Cf. Paulus in Dig., 23, 3, 28. Codex, v, 13, 1, and 18, 1. Ulpian
+in Dig., iii, 3, 8.
+
+[136] Gaius, i, 137.
+
+[137] Frag. iur. Rom. Vat., 325; id., 327 (from Papinian): mulieres
+quoque et sine tutoris auctoritate procuratorem facere posse.
+
+[138] Ulpian in Dig., iii, 3, 8; ibid., Paulus, iii, 3, 41.
+
+[139] Ulpian in Dig., iii, 5, 3.
+
+[140] Pomponius in Dig., 48, 2, 1; ibid., Papinian, 48, 2, 2--who adds
+that she could also do so in a case regarding the will of a mother or
+father's freedman.
+
+[141] Marcianus in Dig., 48, 2, 13.
+
+[142] Papinian in Dig., 48, 4, 8.
+
+[143] Juvenal, vi, 242--245.
+
+[144] Valerius Maximus, viii, 3, 3. Appian, _B.C._, iv, 32 ff.
+Quintilian, i, 1, 6.
+
+[145] Valerius Maximus, viii, 3, 2.
+
+[146] Quintilian, ix, 2, 20 and 34.
+
+[147] E.g., Pliny _Letters_, i, 5, and iv, 17.
+
+[148] E.g., Huschke, pp. 796, 797, 803, 807, 809, 810, 856, 857, 858. Or
+instances such as that mentioned in Digest, 48, 2, 18, where a sister
+brings an action to prove her brother's will a forgery.
+
+[149] Pliny, _Letters_, vi, 33.
+
+[150] Paulus in Dig., 22, 6, 9.
+
+[151] Fully treated in Dig., 16, 1, and Paulus, ii, xi.
+
+[152] Ulpian in Dig., 16, 1, 2.
+
+[153] Aulus Gellius, xvii, 6. St. Augustine, de Civit. Dei, iii, 21: nam
+tunc, id est inter secundum et postremum bellum Carthaginiense, lata est
+etiam illa lex Voconis, ne quis heredem feminam faceret, nec unicam
+filiam.
+
+[154] Dio, 56, 10.
+
+[155] Aulus Gellius, xx, 1, 23. According to Dio, 56, 10, it was
+Augustus who in the year 9 A.D. gave women permission to inherit any
+amount.
+
+[156] Fully treated in Dig., 35, 2. Also in Gaius, ii, 227, and Paulus,
+iii, viii, 1-3, and iv, 3, 3, and 5 and 6.
+
+[157] Paulus, iv, Tit. v, 1. Cases in which "Complaints of Undutiful
+Will" were the issue will be found, e.g., in Codex, iii, 28, 1 and 19
+and 28; id., iii, 29, 1 and 7.
+
+[158] Ulpian in Dig., 38, 16, 1: suos heredes accipere debemus filios
+filias sive naturales sive adoptivos. Instances of daughters being left
+heiresses of whole estates may be found, e.g., in Dig., 28, 2, 19: cum
+quidam filiam ex asse heredem scripsisset filioque, quem in potestate
+habebat, decem legasset, etc. Or the example mentioned by Scaevola in
+Dig., 41, 9, 3: Duae filiae intestato patri heres exstiterunt, etc.
+
+[159] Callistratus in Dig., 48, 19, 26: crimen vel poena paterna nullam
+maculam filio infligere potest. namque unusquisque ex suo admisso sorti
+subicitur nec alieni criminis successor constituitur; idque divi fratres
+Hierapolitanis rescripserunt. "Nothing is more unjust," writes Seneca
+(de Ira, ii, 34, 3), "than that any one should become the heir of the
+odium excited by his father."
+
+[160] Paulus, v, xii, 1.
+
+[161] Paulus, v, xii, 12.
+
+[162] Ulpian in Dig., 48, 4, 11.
+
+[163] Ulpian in Dig., 48, 4, 11.
+
+[164] Hermogenianus in Dig., 48, 4, 9.
+
+[165] Sulla had not only deprived the children of the proscribed of all
+their estates, but had also debarred them from aspiring to any political
+office--see Velleius Paterculus, ii, 28.
+
+[166] For examples of the clemency of Augustus see Suetonius, _div.
+Aug._, 33 and 51 and 67; Seneca, _de Ira_, iii, 23, 4 ff., and 40, 2;
+Velleius Paterculus, ii, 86, 87.
+
+[167] For Tiberius see, e.g., Tacitus, _Annals_, iv--case of Silius;
+id., _Annals_, iii, 17, 18--case of Piso. For Nero, note Tacitus,
+_Annals_, xiii, 43--case of Publius Suilius. Clemency of Claudius
+mentioned in Dio, 60, 15, 16; of Vitellius in Tacitus, _Hist_., ii, 62.
+
+[168] Spartianus, _Had._, 18.
+
+[169] Capitolinus, _Anton. Pius_, 7. See also the anecdote of Aurelian
+in Vopiscus, _Aurelian_, 23.
+
+[170] Codex, iv, 12, 2, rescript of Diocletian: ob maritorum culpam
+uxores inquietari leges vetant. proinde rationalis noster, si res quae a
+fisco occupatae sunt dominii tui esse probaveris, ius publicum sequetur.
+
+[171] Gaius, ii, 129 and 132.
+
+[172] Gaius, ii, 132.
+
+[173] 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. Succeeding
+emperors enlarged upon it; but especially Alexander Severus (222-235
+A.D.), who instituted salaries for teachers of rhetoric, literature,
+medicine, mechanics, and architecture in Rome and the provinces, and had
+poor boys attend the lectures free of charge--see Lampridius, _Alex.
+Severus_, 44.
+
+[192] Pliny, _Paneg._, 26. Spartianus, _Hadrian_, 7, 8-9. Capitolinus,
+_Anton. Pius 8_; id. _M. Anton. Phil._ II. Lampridius, _Alex_.
+_Severus_, 57.
+
+[193] Pliny, _Letters_, vii, 18. The sum was 500,000 sesterces.
+
+[194] Any infringement of this vow was punished by burial alive--for
+instances, see Suetonius, _Domitian_, 8; Herodian, iv, 6, 4: Pliny,
+_Letters_ iv, 11; Dio, 77, 16 (Xiphilin). Their paramours were beaten to
+death.
+
+[195] A full account of the Vestals will be found in Aulus Gellius, i,
+12.
+
+[196] Quintilian, vii, 3, 27: ad servum nulla lex pertinet. On the rare
+instances when a slave could inform against his master in a public
+court, see Hermogenianus in Dig., v, 1, 53.
+
+[197] Gaius, i, 52 ff.
+
+[198] Gaius, iii, 222. Cf. Juvenal vi, 219-223, and 474-495.
+
+[199] Gaius, iii, 222. Salvius Julianus, Pars Secunda, xv. Aulus
+Gellius, xx, i.
+
+[200] Paulus, v, 16.
+
+[201] Paulus, iii, v, 5 ff. Pliny, _Letters_, viii, 14. Tacitus,
+_Annals_ xiii, 32.
+
+[202] Valerius Maximus, vi, 8, in a chapter entitled _de fide servorum_
+speaks with great admiration of instances of fidelity on the part of
+slaves. Seneca ate with his--_Epist_. 47, 13. Martial laments the death
+of a favourite slave girl--v, 34 and 37. Dio (62, 27--Xiphilin) notes
+the heroic conduct of Epicharis, a freedwoman, who was included in a
+conspiracy against Nero; but she revealed none of its secrets, though
+tortured in every way by Tigellinus. The pages of Pliny are full of the
+spirit of kindliness to slaves.
+
+[203] See Tacitus, _Annals_, xiv, 42 ff.
+
+[204] Suetonius, _Claudius_, 25. Dio, 60, 29 (Xiphilin).
+
+[205] Sec, e.g., Seneca, _de Clem_., i,18, 1 and 2--especially the
+anecdote of Vedius Pollio (mentioned also by Dio, 54, 23).
+
+The interesting letter of Pliny, viii, 16; and cf. iii, 14, and v, 19.
+Juvenai, vi, 219-223.
+
+[206] Spartianus, _Hadrian_, 18.
+
+[207] Gaius, i, 52 ff. Cf. Ulpian in Dig., 1, 12, 1 and 8.
+
+[208] The punishment for this was pecuniary damages equal to twice the
+highest value of a slave during the year in which he was killed.
+
+[209] Ulpian in Dig., i., 12, 8: hoc quoque officium praefecto urbi a
+divo Severo datum est, ut mancipia tueatur ne prostituantur.
+
+[210] Vopiscus, _Aurelian_, 49
+
+[211] Vopiscus, _Tacitus_, 9.
+
+
+
+
+CHAPTER II
+
+WOMEN AND THE EARLY CHRISTIAN CHURCH
+
+
+Meanwhile a new world force, destined to overthrow the old order of
+things, was growing slowly to maturity and spreading out its might until
+eventually it fought its way to preeminence. I have traced the rights of
+women under the regime of pagan Rome; I shall inquire next into the
+position of women under Christianity. We must first note the attitude of
+the early Christians towards women in general; for that attitude will
+naturally be reflected in any laws made after the Church has become
+supreme and is combined with and directs the State. That will demand a
+special chapter on Canon Law; but in the present chapter I propose to
+show how women were regarded by the Christians in the centuries which
+were the formative period of the Church.
+
+The direct words of Christ so far as they relate to women and as we have
+them in the Gospels concern themselves wholly to bring about purity in
+the relation of the sexes. "Ye have heard that it was said, Thou shalt
+not commit adultery; but I say unto you, that every one that looketh on
+a woman to lust after her hath committed adultery with her already in
+his heart."[212] His commands on the subject of divorce are positive and
+unequivocal: "It was said also, Whosoever shall put away his wife, let
+him give her a writing of divorcement; but I say unto you, that every
+one that putteth away his wife, saving for the cause of fornication,
+maketh her an adultress; and whosoever shall marry her when she is put
+away, committeth adultery."[213] Christ was content to lay down great
+ethical principles, not minute regulations. Of any inferiority on the
+part of women he says nothing, nor does be concern himself with giving
+any directions about their social or legal rights. He blessed the
+marriage at Cana; and to the woman taken in adultery he showed his usual
+clemency. For the rest, his relations with women have an atmosphere of
+rare sympathy, gentleness, and charm.
+
+But as soon as we leave the Gospels and read the Apostles we are in a
+different sphere. The Apostles were for the most part men of humble
+position, and their whole lives were directed by inherited beliefs which
+were distinctly Jewish and Oriental or Greek; not Western. In the Orient
+woman has from the dawn of history to the present day occupied a
+position exceedingly low. Indeed, in Mohammedan countries she is
+regarded merely as a tool for the man's sensual passions and she is not
+allowed to have even a soul. In Greece women were confined to their
+houses, were uneducated, and had few public rights and less moral
+latitude; their husbands had unlimited license.[214] The Jewish ideal is
+by no means a lofty one and cannot for a moment compare with the honour
+accorded the Roman matron under the Empire. According to _Genesis_ a
+woman is the cause of all the woes of mankind. _Ecclesiasticus_ declares
+that the badness of men is better than the goodness of women.[215] In
+_Leviticus_[216] we read that the period of purification customary
+after the birth of a child is to be twice as long in the case of a
+female as in a male. The inferiority of women was strongly felt; and
+this conception would be doubly operative on men of humble station who
+never travelled, who had received little education, and whose ideas were
+naturally bounded by the horizon of their native localities. We are to
+remember also that the East is the home of asceticism, a conviction
+alien to the Western mind. There is no parallel in Western Europe to St.
+Simeon Stylites.
+
+We would, therefore, expect to find in the teachings of the Apostles an
+expression of Jewish, i.e., Eastern ideals on the subject of women; and
+we do so find them. Following the express commands of Christ, they
+exhorted to sexual purity and reiterated his injunctions on the matter
+of divorce. They went much farther and began to legislate on more minute
+details. Paul allows second marriages to women[217]; but thinks it
+better for a widow to remain as she is.[218] It is better to marry than
+to burn; yet would he prefer that men and women should remain in
+celibacy.[219] The power of the father to arrange a marriage for his
+daughter was, under Roman law, limited by her consent; but the words of
+Paul make it clear that it was now to be a Christian precept that a
+father could determine on his own responsibility whether his daughter
+should remain a virgin.[220] Wives are to be in subjection to their
+husbands, and "let the wife see that she fear her husband."[221] Woman
+is the weaker vessel[222]; she is to be silent in church; if she desires
+to learn anything, she should ask her husband at home.[223] Furthermore:
+"I permit not a woman to teach, nor to have dominion over a man, but to
+be in quietness. For Adam was first formed, then Eve; and Adam was not
+beguiled, but the woman being beguiled hath fallen into transgression;
+but she shall be saved through childbearing, if they continue in faith
+and love and sanctification with sobriety."[224] The apparel of women
+also evoked legislation from the Apostles. Women were to pray with their
+heads veiled "for the man is not of the woman, but the woman for the
+man."[225] Jewels, precious metal, and costly garments were unbecoming
+the modest woman.[226]
+
+In this early stage of Christianity we may already distinguish three
+conceptions that were quite foreign to the Roman jurist: I. The
+inferiority and weakness of women was evident from the time of Eve and
+it was an act of God that punished all womankind for Eve's
+transgression. Woman had been man's evil genius. II. She was to be
+submissive to father or husband and not bring her will in opposition to
+theirs. III. She must not be prominent in public, she must consider her
+conduct and apparel minutely, and she was exhorted to remain a virgin,
+as being thus in a more exalted position. At the same time insistence
+was placed on the fact that a virgin, wife, and widow must be given due
+honour and respect, must be provided for, and allowed her share in
+taking part in those interests of the community which were considered
+her sphere.
+
+If, now, we examine the writings of the Church Fathers, we shall see
+these ideas elaborated with all the vehemence of religious zeal.
+
+The general opinions of the Fathers regarding women present a curious
+mixture. They are fond of descanting on the fact that woman is
+responsible for all the woes of mankind and that her very presence is
+dangerous. At the same time they pay glowing tribute to women in
+particular. St. Jerome held that women were naturally weaker, physically
+and morally, than men.[227] The same saint proves that all evils spring
+from women[228]; and in another passage he opines that marriage is
+indeed a lottery and the vices of women are too great to make it worth
+while.[229] "The sex is practiced in deceiving," observes St.
+Maximus.[230] St. Augustine disputes subtly whether woman is the image
+of God as well as man. He says no, and proves it thus[231]: The Apostle
+commands that a man should not veil his head, because he is the image of
+God; but the woman must veil hers, according to the same Apostle;
+therefore the woman is not the image of God. "For this reason, again,"
+continues the Saint, "the Apostle says 'A woman is not permitted to
+teach, nor to have dominion over her husband.'" Bishop Marbodius calls
+woman a "pleasant evil, at once a honeycomb and a poison" and indicts
+the sex,[232] something on the order of Juvenal or Jonathan Swift, by
+citing the cases of Eve, the daughters of Lot, Delilah, Herodias,
+Clytemnestra, and Progne. The way in which women were regarded as at
+once a blessing and a curse is well illustrated also in a distich of
+Sedulius: "A woman alone has been responsible for opening the gates of
+death; a woman alone has been the cause of a return to life."[233]
+
+That women should be in subjection, in accordance with the dictum of
+Paul, the Church Fathers assert emphatically. "How can it be said of a
+woman that she is the image of God," exclaims St. Augustine,[234] "when
+it is evident that she is subject to the rule of her husband and has no
+authority! Why, she can not teach, nor be a witness, nor give security,
+nor act in court; how much the more can she not govern!" Women are
+commanded again and again not to perform any of the functions of men and
+to yield a ready and unquestioning obedience to their husbands.[235]
+The Fathers also insist that marriage without a paternal parent's
+consent is fornication.[236]
+
+Marriage was looked upon as a necessary evil, permitted, indeed, as a
+concession to the weakness of mankind, but to be avoided if possible.
+"Celibacy is to be preferred to marriage," says St. Augustine.[237]
+"Celibacy is the life of the angels," remarks St. Ambrose.[238]
+"Celibacy is a spiritual kind of marriage," according to St.
+Optatus.[239] "Happy he," says Tertullia[240] "who lives like Paul!"
+The same saint paints a lugubrious picture of marriage and the "bitter
+pleasure of children" (_liberorum amarissima voluptate_) who are burdens
+and just as likely as not will turn out criminals. "Why did the Lord cry
+woe unto those that are pregnant and give suck, unless it was to call
+attention to the fact that children will be a hindrance on the day of
+judgment?"[241] When such views were entertained of marriage, it need
+not seem remarkable that Tertullian and St. Paul of Nolan, like Tolstoy
+to-day, discovered the blessings of a celibate life after they were
+married and ran away from their wives.[242] Jerome finds marriage useful
+chiefly because it produces virgins.[243]
+
+As for second marriages, the Montanist and the Novatian sects condemned
+them absolutely, on the ground that if God has removed a wife or husband
+he has thereby signified his will to end the marrying of the parties;
+Tertullian calls second marriage a species of prostitution.[244]Jerome
+expresses the more tolerant and orthodox view: "What then? Do we condemn
+second marriages? Not at all; but we praise single ones. Do we cast the
+twice-married from the Church? Far from it; but we exhort the
+once-married to continence. In Noah's ark there were not only clean, but
+also unclean animals."[245]
+
+As the Fathers were very well aware of the subtle influence of dress on
+the sexual passions, we have a vast number of minute regulations
+directing virgins, matrons, and widows to be clothed simply and without
+ornament; virgins were to be veiled.[246] Tertullian, with that keen
+logic of which the Church has always been proud in her sons, argues that
+inasmuch as God has not made crimson or green sheep it does not behoove
+women to wear colours that He has not produced in animals
+naturally.[247] St. Augustine forbids nuns to bathe more than once a
+month, unless under extreme necessity.[248]
+
+As soon as the Church begins to exercise an influence upon law, we shall
+expect to see the legal position of women changed in accordance with
+certain general principles outlined above, viz: I. That inasmuch as Adam
+was formed before Eve and as women are the weaker vessels, they should
+confine themselves to those duties only which society has, from time
+immemorial, assigned them as their peculiar sphere. II. They should be
+meek, and not oppose father or husband; and to these they should go for
+advice on all matters. III. All license, such as the Roman woman's right
+of taking the initiative in a divorce, must never be tolerated. IV. They
+should never transgress the bounds of strictest decorum in conduct and
+dress, lest they seduce men; and they must never be conspicuous in
+public or attempt to perform public functions. V. They are to be given
+due honour and are to be cared for properly.
+
+The legal rights of women would be affected, moreover, by a difference
+in the spirit of the law. The Roman jurist derived his whole sanction
+from reason and never allowed religious considerations, as such, to
+influence him when legislating on women. He recognised that laws are not
+immutable, but must be changed to fit the growth of equity and
+tolerance. No previous authority was valid to him if reason suggested
+that the authority's dictum had outlived its usefulness and must be
+adapted to larger ideas. It never occurred to him to make the
+inferiority of woman an act of God. On the other hand, the Church
+referred everything to one unchanging authoritative source, the Gospels
+and the writings of the Apostles; faith and authority took the place of
+reason; and any attempt to question the injunctions of the Bible was
+regarded as an act of impiety, to be punished accordingly. And as the
+various regulations about women had now a divine sanction, the
+permanence of these convictions was doubly assured.
+
+SOURCES
+
+I. The Bible.
+
+II. Patrologia Latina: edidit J.P. Migne. Parisiis. 221 volumes
+(finished 1864).
+
+NOTES:
+
+[212] _Matthew_ 5, 27 ff.
+
+[213] _Matthew_ 5, 31 ff.; id. 19, 3 ff. _Mark_ 10, 2-12. _Luke_ 16, 18.
+
+[214] Plutarch lived in the second century A.D.; but he has inherited
+the Greek point of view and advises a wife to bear with meekness the
+infidelities of the husband--see _Praecep. Coniug_., 16. His words are
+often curiously similar to those of the Apostles, e.g., _Coniug.
+Praecep_., 33: "The husband shall rule the wife not as if master of a
+chattel, but as the soul does the body." Id. 37: "Wives who are sensible
+will be silent when their husbands are angry and vent their passion;
+when their husbands are silent, then let them speak to them and mollify
+them." However, like the Apostles, he enjoins upon husbands to honour
+their wives; his essay on the "Virtues of Women"--[Greek: gynaikon
+aretai]--is an affectionate tribute to their worth.
+
+Some of the respectable Puritan gentlemen at Rome also held that a wife
+be content to be a humble admirer of her husband (e.g., Pliny, _Paneg_.,
+83, hoc efficiebat, quod mariti minores erant ... nam uxori sufficit
+obsequii gloria, etc.). But Roman law insisted that what was morally
+right for the man was equally so for the woman; just as it compelled a
+husband himself to observe chastity, if he expected it from his wife.
+
+[215] _Ecclesiasticus_ 42, 14.
+
+[216] _Leviticus_ xii, 1-5.
+
+[217] _Romans_ 7, 2-4.
+
+[218] _Corinthians_ i, 7, 39.
+
+[219] _Corinthians_ i, 7, 1 ff.
+
+[220] _Corinthians_ i, 7, 37.
+
+[221] _Ephesians_ 5, 22 and 33.
+
+[222] _Peter_ i, 3, 7.
+
+[223] _Corinthians_ i, 14, 34.
+
+[224] _Timothy_ i, 2, 12-15.
+
+[225] _Corinthians_ i, II, 8.
+
+[226] _Timothy_ i, 2, 9. _Peter_ i, 3.
+
+[227] Abelard, Ep., 9, in vol. 178, p. 325, of Migne: Beatus Hieronymus
+... tanto magis necessarium amorem huius studii (i.e. the Scriptures)
+censuit, quanto eas naturaliter infirmiriores et carne debiliores esse
+conspexit. Cf. St. Paul of Nolan, _Letters_, 23, Sec. 135--Migne 61, p.
+273: Hi enim (i.e. evil spirits) petulantius infirmiora vasa pertentant,
+sicut non Adam, sed Evam coluber aggressus est.
+
+[228] Adversus Iovianum, i, 48--Migne, vol. 23, p. 278.
+
+[229] Adversus Iovianum, i, 28--Migne, vol. 23, pp. 249-250: Qui enim
+ducit uxorem, in ambiguo est, utrum odiosam an amabilem ducat. Si
+odiosam duxerit, ferri non potest. Si amabilem, amor illius inferno et
+arenti terrae et incendio comparatur. He quotes the Old Testament,
+especially _Pr_. 30, 16, to support his views.
+
+[230] S. Maximi Episcopi Taurinensis--Homilia 53, I--Migne, vol. 57, p.
+350.
+
+[231] Augustinus: _Quaest. ex vet. Test_., 21: an mulier imago Dei sit
+... unde et Apostolus, Vir quidem, inquit, non debet velare caput, cum
+sit imago et gloria Dei; mulier autem, inquit, velet caput. Quare? Quia
+non est imago Dei. Unde denuo dicit Apostolus: Mulieri autem docere non
+permittitur, neque dominari in virum. Migne, vol. 35, p. 2228.
+
+[232] Migne, vol. 171, pp. 1698-1699:
+
+Femina dulce malum, pariter favus atque venenum, Melle linens gladium
+cor confodit et sapientum. Quis suasit primo vetitum gustare parenti?
+Femina. Quis patrem natas vitiare coegit? Femina. Quis fortem spoliatum
+crine peremit? Femina. Quis iusti sacrum caput ense recidit?
+Femina.--etc., ad lib.
+
+However, in another poem he acknowledges that there is nothing more
+beautiful than a good woman:
+
+In cunctis quae dante Deo concessa videntur Usibus humanis, nil
+pulchrius esse putamus, Nil melius muliere bona, etc.
+
+[233] Migne, vol. 80, p. 307. The sentiment is more fully developed in
+another poem--Migne, vol. 80, p. 307:
+
+Femina causa fuit humanae perditionis; Qua reparatur homo, femina causa
+fuit. Femina causa fuit cur homo ruit a paradiso; Qua redit ad vitam,
+femina causa fuit. Femina prima parens exosa, maligna, superba; Femina
+virgo parens casta, benigna, pia.
+
+[234] _Quaest. ex vet. Test_., 45; Migne, vol. 35, p. 2244.
+
+[235] E.g., Tertullian, _de virg. vel_., 9. St. Paul of Nolan, letter
+23, Sec. 135--Migne, 61, p. 273. Id., letter 26, vol. 61, p. 732 of Migne.
+Cf. Augustine, letter 262, Sec. 5--Migne, 33, p. 1079.
+
+[236] Basilius, _ad Amphil_., c.42: Matrimonia sine iis, qui potestatem
+habent, fornicationes sunt.
+
+Ambrose says: Honorantur parentes Rebeccae muneribus, consulitur puella
+non de sponsalibus, illa enim expectat iudicium parentum; non est enim
+virginalis pudoris eligere maritum.
+
+[237] Virginitas praeferenda coniugio--August., vol. 44, p. 142 of
+Migne. The Council of Trent, eleven centuries later, in its
+twenty-fourth session, re-echoed this sentiment and anathematised any
+one who should deny it.
+
+[238] Migne, vol. 16, p. 342.
+
+[239] Id., II, p. 1074.
+
+[240] Tertullian _ad uxorem_, i, 3.
+
+[241] Id. _ad uxorem_, i, 5. See also Gregory of Nyassa, _de Virg_.,
+iii, on the evils of matrimony.
+
+[242] v. Tertullian, _ad uxorem_. For Paul of Nolan, see Migne, vol. 61,
+p. 22.
+
+[243] Laudo nuptias, laudo coniugium, sed quia mihi virgines generant.
+
+[244] _Ad uxorem_, i, 7 and 9: non aliud dicendum erit secundum
+matrimonium quam species stupri.
+
+[245] Jerome, _Epist_., 123. See also id., _Epistola de viduitate
+servanda_, Migne 22, p. 550, and the _Epist. de monogamia_, Migne, 22,
+p. 1046. Ambrose, _de viduis liber unus_, Migne, 16, p. 234. Cf. Alanus
+de Insulis in Migne, vol. 210, p. 194: Vidua ad secundas nuptias non
+transeat.
+
+[246] See, e.g., St. Cyprian, _de habitu virginum_. Tertullian, _de
+virginibus velandis_ and _de cultu feminarum_. Treatises on the way
+widows should dress were written, among others, by St. Paul of Nolan,
+_Epist_. 23, Sec.Sec. 133-135--Migne 61; Augustine, St. Fulgentius Rusp., St.
+Paulinus Aquil., and St. Petrus Damianus.
+
+[247] _De cultu feminarum_, i, 8.
+
+[248] Lavacrum etiam corporum ususque balneorum non sit assiduus, sed eo
+quo solet intervallo temporis tribuatur, hoc est, semel in mense. Nisi
+infirmitatis necessitas cogat, corpus saepius non lavandum--Augustine,
+_de monialibus_, Migne, vol. 33, page 963.
+
+
+
+
+CHAPTER III
+
+RIGHTS OF WOMEN AS MODIFIED BY THE CHRISTIAN EMPERORS
+
+
+Christianity became the state religion under Constantine, who issued the
+Edict of Milan, giving toleration to the Christians, in the year 313.
+The emperors from Constantine through Justinian (527-565) modified the
+various laws pertaining to the rights of women in various ways. To the
+enactments of Justinian, who caused the whole body of the Roman law to
+be collected, I intend to give special attention. We must not, as yet,
+expect to find the strict views of the Church Fathers carried out in any
+severe degree. On the contrary the old Roman law was still so powerful
+that it was for the most part beyond the control of ecclesiasts.
+Justinian was an ardent admirer of it and could not escape from its
+prevailing spirit. Canon law had not yet developed. When the old Roman
+civilisation in Italy has succumbed completely to its barbarian
+conquerors; when the East has been definitely sundered from the West;
+when the Church has risen supreme, has won temporal power, and has
+developed canon law into a force equal to the civil law,--then finally
+we shall expect to see the legal rights of women changed in accordance
+with two new world forces--the Roman Catholic Church and the Germanic
+nations. I shall now discuss legislation having to do with my subject
+under the Christian emperors from Constantine (306-337) through the
+reign of Justinian (527-565).
+
+[Sidenote: Divorce: rescript of Theodosius and Valentian.]
+
+The power of husband and wife to divorce at will and for any cause,
+which we have seen obtained under the old Roman law, was confined to
+certain causes only by Theodosius and Valentinian (449 A.D.). These
+emperors asserted vigorously that[249] the dissolution of the marriage
+tie should be made more difficult, especially out of regard to the
+children. Pursuant to this idea the power of divorce was given for the
+following reasons alone: adultery, murder, treason, sacrilege, robbery;
+unchaste conduct of a husband with a woman not his wife and vice-versa;
+if a wife attended public games without her husband's permission; and
+extreme physical violence of either party. A woman who sent her husband
+a bill of divorce for any other reason forfeited her dowry and all
+ante-nuptial gifts and could not marry again for five years, under
+penalty of losing all civil rights. Her property accrued to her husband
+to be kept in trust for the children.
+
+[Sidenote: Justinian on divorce]
+
+Justinian made more minute regulations on the subject of divorce. To the
+valid causes for divorce as laid down by Theodosius and Valentinian he
+added impotence; if a separation was obtained on this ground, the
+husband might retain ante-nuptial gifts.[250] Abortion committed by the
+wife or bathing with other men than her husband or inveigling other men
+to be her paramours--these offences on the part of the wife gave her
+husband the right of divorce.[251] Captivity of either party for a
+prolonged period of time was always a valid reason. Justinian added
+also[252] that a man who dismissed his wife without any of the legal
+causes mentioned above existing or who was himself guilty of any of
+these offences must give to his wife one fourth of his property up to a
+sum not to exceed one hundred _librae_ of gold, if he owned property
+worth four hundred _librae_ or more; if he had less, one fourth of all
+he possessed was forfeit. The same penalties held for the wife who
+presumed to dismiss her husband without the offences legally recognised
+existing. The forfeited money was at the free disposal of the blameless
+party if there were no children; these being extant, the property must
+be preserved intact for their inheritance and merely the usufruct could
+be enjoyed by the trustees. A woman who secured a divorce through a
+fault of her husband had always to wait at least a year before marrying
+again _propter seminis confusionem_.[253]
+
+[Sidenote: Justin revokes decrees of Justinian.]
+
+Justin, the nephew and successor of Justinian, reaffirmed the right to
+divorce by mutual consent, thus abrogating the laws of his
+predecessors.[254] Justinian had ordained that if husband and wife
+separated by mutual consent, they were to be forced to spend the rest of
+their lives in a convent and forfeit to it one third of their
+goods.[255] Justin, then, made the pious efforts of his uncle naught.
+Nothing can more clearly illustrate than his decree how small a power
+the Church still possessed to mould the tenor of the law; for such a
+thing as divorce by mutual consent, without any necessary reason, was a
+serious misdemeanour in the eyes of the Church Fathers, who passed upon
+it their severest censures.
+
+[Sidenote: Adultery.]
+
+On the subject of adultery Justinian enacted that if the husband was the
+guilty party, the dowry and marriage donations must be given his wife;
+but the rest of his property accrued to his relatives, both in ascending
+and descending lines, to the third degree; these failing, his goods
+were confiscated to the royal purse.[256] A woman guilty of adultery was
+at once sent to a monastery. After a space of two years her husband
+could take her back again, if he so wished, without prejudice. If he did
+not so desire, or if he died, the woman was shorn and forced to spend
+the rest of her life in a nunnery; two thirds of her property were given
+to her relatives in descending line, the other third to the monastery;
+if there were no descendants, ascendants got one third and the monastery
+two thirds; relatives failing, the monastery took all; and in all cases
+goods inserted in the dowry contract were to be kept for the
+husband.[257]
+
+[Sidenote: Second marriages.]
+[Sidenote: Strict laws of Gratian, Valentinian, and Theodosius.]
+
+The legislation of the earlier Christian emperors on second marriages
+reflects the various feelings of the Church Fathers on the subject.
+Under the old law, people could marry as often as they wished without
+any penalties.[258] But we have seen that among some of the Churchmen
+second marriages were held in peculiar abhorrence, and third nuptials
+were regarded as a hideous sin; while the orthodox clergy, like St.
+Augustine and St. Jerome, permitted second and third marriages, but
+damned them with faint praise and urged Christians to be content with
+one venture. Public opinion, custom, and the influence of the old Roman
+law were too powerful to allow Christian monarchs to become fanatical on
+the subject[259]; but certain stricter regulations were introduced by
+the pious Gratian, Valentinian, and Theodosius, in the years 380, 381,
+and 382.[260] As under the old laws any widow who married again before
+the legal time of mourning--a year--had expired, became infamous and
+lost both cast and all claims to the goods of her deceased husband. She
+was furthermore not permitted to give a second husband more than one
+third of her property nor leave him more than one third by will; and she
+could receive no intestate succession beyond the third degree. A woman
+who proceeded to a second marriage after the legal period of mourning,
+must make over at once to the children of the first marriage all the
+property which her former husband had given or left to her. As to her
+own personal property, she was allowed to possess it and enjoy the
+income while she lived, but not to alienate it or leave it by will to
+any one except the children of the first marriage. As I have before
+remarked, Roman law constantly had the interest of the children at
+heart.[261] If there was no issue of the first marriage, then the woman
+had free control. A mother acquired full right--as the old Senatus
+consultum Tertullianum had decreed--to the property of a son or daughter
+who died childless[262]; but if she married a second time, and her son
+or daughter died without leaving children or grandchildren, she was
+expelled from all succession and distant relatives acquired the
+property.[263]
+
+[Sidenote: Justinian moderates these laws to a great degree.]
+
+Justinian changed these enactments to a pronounced degree. "We are not
+making laws that are too bitter against women who marry a second time,"
+he remarks,[264] "and we do not want to lead them, in consequence of
+such action, to the harsh necessity, unworthy of our age, of abstaining
+from a chaste second marriage and descending to illegitimate
+connections." He ordained, therefore, that the law mentioned above be
+annulled and that mothers should have absolutely unrestricted rights of
+inheritance to a deceased child's property along with the latter's
+brothers and sisters; and second marriage was never to create any
+prejudice.[265] In the earlier part of his reign Justinian also forbade
+husband or wife to leave one another property under the stipulation that
+the surviving partner must not marry again[266]; but later, when his
+zeal for reform had become more pronounced and fanatical, he revoked
+this and gave the conditioned party the option either of enjoying the
+property by remaining unmarried or of forfeiting it by a second
+union.[267]
+
+[Sidenote: Breaking of engagements.]
+
+Constantine ordained,[268] in the year 336, that if an engagement was
+broken by the death of one of the contracting parties and if the
+_osculum_[269] had taken place, half of whatever donations had been
+given was to be handed over to the surviving party and half to the heirs
+of the deceased; but if the solemn _osculum_ had not yet taken place,
+all gifts went to the heirs of the deceased. There was also a law that
+if either party broke the engagement to enter monastic life, the man who
+did so lost all that he had given by way of earnest money for the
+marriage contract (_arrarum nomine_); if it was the woman who took the
+initiative, she was compelled to return twice the amount of any sums she
+had received. This was changed by Justinian, who enacted that those who
+broke an engagement to enter monastic life should merely return or
+receive whatever donations had been made.[270] Constantine and his
+successors abrogated the old time Julian laws, which had inflicted
+certain penalties--such as limited rights of inheritance--on men and
+women who did not marry.[271]
+
+[Sidenote: Changes in the law of gifts.]
+
+I have already pointed out that gifts between husband and wife were
+illegal and I have explained the reasons. Justinian allowed the husband
+to make donations to his wife, in such wise, however, that all chance of
+intent to defraud might be absent.[272] He ordained also that if husband
+or wife left the married state to embrace a celibate life, each party
+was to keep his or her own property as per marriage contract or as each
+would legitimately in the case of the other's death.[273] If any one,
+after vowing the monastic life, returned to the world, his or her goods
+were forfeit to the monastery which he or she had left.[274]
+
+[Sidenote: Various enactments on marriage.]
+
+The consent of the father or, if he was dead, of near relatives was
+emphatically declared necessary by the Christian emperors for a marriage
+and the woman had practically no will of her own although, if several
+suitors were proposed to her, she might be requested to name which one
+she preferred.[275] Marriage with a Jew was treated as adultery.[276]
+Women who belonged to heretical sects were to have no privileges.[277]
+Justinus and Justinian abrogated the old law which forbade senators to
+marry freedwomen or any woman who had herself or whose parents had
+followed the stage. Actresses were now permitted, on giving up their
+profession, to claim all the rights of other free women; and a senator
+could marry such or even a freedwoman without prejudice.[278]
+
+[Sidenote: Changes in the laws of inheritance.]
+
+Under the old law, as we have seen, a son and a daughter had equal
+rights to intestate succession; but beyond the relationship of daughter
+to father or sister to brother women had no rights to intestate
+succession unless there were no agnates, that is, male relatives on the
+father's side. Thus, an aunt would not be called to the estate of a
+nephew who died childless, but the uncle was regularly admitted. So,
+too, a nephew was admitted to the intestate succession of an uncle, who
+died without issue, but the niece was shut out. All this was changed by
+Justinian, who gave women the same rights of inheritance as men under
+such conditions.[279] If the children were unorthodox, they were to have
+absolutely no share of either parent's goods.[280]
+
+[Sidenote: Women as guardians.]
+
+[Sidenote: In suits.]
+
+The Christian emperors permitted widows to be guardians over their
+children if they promised on oath not to marry again and gave security
+against fraud.[281] Justinian forbade women to act by themselves in any
+legal matters.[282]
+
+[Sidenote: Bills of attainder.]
+
+Arcadius and Honorius (397 A.D.) enacted some particularly savage bills
+of attainder, which were in painful contrast to the clemency of their
+pagan predecessors. Those guilty of high treason were decapitated and
+their goods escheated to the crown. "To the sons of such a man [i.e.,
+one condemned for high treason]," write these amiable Christians,[283]
+"we allow their lives out of special royal mercy--for they ought really
+to be put to death along with their fathers--but they are to receive no
+inheritances. Let them be paupers forever; let the infamy of their
+father ever follow them; they may never aspire to office; in their
+lasting poverty let death be a relief and life a punishment. Finally,
+any one who tries to intercede for these with us is also to be
+infamous."[284] However, to the daughters of the condemned these
+emperors graciously granted one fourth of their mother's but not any of
+their father's goods. In the case of crimes other than high treason the
+children or grandchildren were allowed one half of the estate.[285]
+Constantine decreed that a wife's property was not to be affected by the
+condemnation of her husband.[286]
+
+[Sidenote: Rape.]
+
+Ravishers of women, even of slaves and freedwomen, were punished by
+Justinian with death; but in the case of freeborn women only did the
+property of the guilty man and his abettors become forfeit to the
+outraged victim. A woman no longer had the privilege of demanding her
+assailant in marriage.[287]
+
+
+SOURCES
+
+Roman Law as cited in Chapter I, especially the _Novellae_ of Justinian.
+
+NOTES:
+
+[249] Codex, v, 17, 8 contains this rescript in full.
+
+[250] Codex, v, 17, 10.
+
+[251] Codex, v, 17, 11.
+
+[252] Id.
+
+[253] Novellae, 22, 18.
+
+[254] Novellae, 140, 1: Antiquitus quidem licebat sine periculo tales
+(i.e., those of incompatible temperament) ab invicem separari secundum
+communem voluntatem et consensum hoc agentes, sicut et plurimae tunc
+leges extarent hoc dicentes et _bona gratia_ sic procedentem solutionem
+nuptiarum patria vocitantes voce. Postea vero divae memoriae nostro
+patri.... legem sancivit prohibens cum consensu coniugia solvi.... Haec
+igitur aliena nostris iudicantes temporibus in praesenti sacram
+constituimus legem, per quam sancimus licere ut antiquitus consensu
+coniugum solutiones nuptiarum fieri.
+
+[255] Novellae, 134, 11.
+
+[256] Novellae, 134, 10.
+
+[257] Novellae, 134, 10.
+
+[258] Novellae, 22 (praefatio): Antiquitas equidem non satis aliquid de
+prioribus aut secundis perserutabatur nuptiis, sed licebat et patribus
+et matribus et ad plures venire nuptias et lucro nullo privari, et causa
+erat in simplicitate confusa.
+
+[259] The language of some of them is pretty strong, however--matre iam
+secundis nuptiis _funestata_--Codex, v, 9, 3 (Gratian, Valentinian,
+Theodosius).
+
+[260] For these see Codex, v, 9, 1 and 2 and 3.
+
+[261] Cf. Codex, v, 9, 4. Nos enim hac lege id praecipue custodiendum
+esse decrevimus, ut ex quocumque coniugio suscepti filii patrum suorum
+sponsalicias retineant facilitates.
+
+[262] Codex, vi, 56, 5.
+
+[263] Novellae, ii, 3: ex absurditate legis, licet praemoriantur filii
+omnes, non relinquentes filios aut nepotes, nihilominus supplicium
+manet, et non succedit eis mater, sed expellitur ab eorum inhumane
+successione ... sed succedunt quidem illis aliqui ex longa cognatione.
+
+[264] Novellae, ii, 3.
+
+[265] Novellae ii, 3.
+
+[266] Codex, vi, 40, 2 and 3.
+
+[267] Novellae, 22, 44: unde sancimus, si quis prohibuerit ad aliud
+venire matrimonium, etc.
+
+[268] Codex, v, 3, 16.
+
+[269] The _osculum_ was a sort of "donation on account of marriage" made
+on the day of the formal engagement.
+
+[270] Codex, i, 3, 54 (56).
+
+[271] Codex, viii, 57 (58), I and 2. Cf. Codex, viii, 58 (59), 1 and 2.
+
+[272] Codex, v, 3, 10.
+
+[273] Codex, i, 3, 54 (56). Gregory of Tours informs us that according
+to the Council of Nicaea--325 A.D.--a wife who left her husband, to whom
+she was happily married, to enter a nunnery incurred excommunication. He
+means probably: if she went without her husband's consent. Greg. 9, 33:
+Tunc ego accedens ad monasterium canonum Nicaenorum decreta relegi, in
+quibus continetur: quia si quae reliquerit virum et thorum, in quo bene
+vexit, spreverit, dicens quia non sit ei portio in illa caelestis regni
+gloria qui fuerit coniugio copulatus, anathema sit. (Note of editor:
+Videtur esse canon 14 concilii Grangensis, quod concilium veteres
+Nicaeno subiungere solebant; idque indicat titulus in veteribus
+scriptis.)
+
+[274] Codex, i, 3, 54 (56).
+
+[275] Codex, v, 4, 20, and 5, 18.
+
+[276] Codex, i, 9, 6.
+
+[277] Novellae, cix, 1.
+
+[278] Codex, v, 4, 23 and 28.
+
+[279] Codex, vi, 58, 14.
+
+[280] Codex, i, 5, 19.
+
+[281] Codex, v, 35, 2 and 3.
+
+[282] Codex, ii, 55, 6.
+
+[283] Codex, ix, 8, 5.
+
+[284] This law was evidently lasting, for it is quoted with approval by
+Pope Innocent III, in the year 1199--see Friedberg, _Corpus Iuris
+Canonici_, vol. ii, p. 782.
+
+[285] Codex, ix, 49, 10.
+
+[286] Codex, v, 16, 24.
+
+[287] For all these enactments see Codex, i, 3, 53 (54), and ix, 13.
+
+
+
+
+CHAPTER IV
+
+WOMEN AMONG THE GERMANIC PEOPLES
+
+
+A second world force had now come into its own. The new power was the
+Germanic peoples, those wandering tribes who, after shattering the Roman
+Empire, were destined to form the modern nations of Europe and to find
+in Christianity the religion most admirably adapted to fill their
+spiritual needs and shape their ideals. In the year 476 the barbarian
+Odoacer ascended the throne of the Caesars. He still pretended to govern
+by virtue of the authority delegated to him by Zeno, emperor at
+Constantinople; but the rupture between East and West was becoming final
+and after the reign of Justinian (527-565) it was practically complete.
+Henceforth the eastern empire had little or nothing to do with western
+Europe and subsisted as an independent monarchy until Constantinople was
+taken by the Turks in 1453. I shall not concern myself with it any
+longer.
+
+In western Europe, then, new races with new ideals were forming the
+nations that to-day are England, Germany, France, Spain, Italy, and
+Austria. It is interesting to note what some of these barbarians
+thought about women and what place they assigned them.
+
+[Sidenote: Julius Caesar's account.]
+
+Our earliest authorities on the subject are Julius Caesar and Tacitus.
+Caesar informs us[288] that among the Gauls marriage was a well
+recognized institution. The husband contributed of his own goods the
+same amount that his wife brought by way of dowry; the combined property
+and its income were enjoyed on equal terms by husband and wife. If
+husband or wife died, all the property became the possession of the
+surviving partner. Yet the husband had full power of life and death over
+his wife as over his children; and if, upon the decease of a noble,
+there were suspicions regarding the manner of his death, his wife was
+put to inquisitorial torture and was burnt at the stake when adjudged
+guilty of murder. Among the Germans women seem to have been held in
+somewhat greater respect. German matrons were esteemed as prophetesses
+and no battle was entered upon unless they had first consulted the lots
+and given assurance that the fight would be successful.[289] As for the
+British, who were not a Germanic people, Caesar says that they practiced
+polygamy and near relatives were accustomed to have wives in
+common.[290]
+
+[Sidenote: The account of Tacitus.]
+
+Tacitus wrote a century and a half after Julius Caesar when the tribes
+had become better known the Romans; hence we get from him more detailed
+information. From him we learn that both the Sitones--a people of
+northern Germany--and the British often bestowed the royal power on
+women, a circumstance which aroused the strong contempt of Tacitus, who
+was in this respect of a conservative mind.[291] The Romans had, indeed,
+good reason to remember with sorrow the valiant Boadicea, queen of the
+Britons.[292] Regarding the Germans Tacitus wrote a whole book in which
+he idealises that nation as a contrast to the lax morality of civilised
+Rome, much as Rousseau in the eighteenth century extolled the virtues of
+savages in a state of nature. What Tacitus says in regard to lofty
+morals we shall do well to take with a pinch of salt; but we may with
+more safety trust his accuracy when he depicts national customs. From
+Tacitus we learn that the Germans believed something divine resided in
+women[293]; hence their respect for them as prophetesses.[294] One
+Velaeda by her soothsaying ruled the tribe of Bructeri completely[295]
+and was regarded as a goddess,[296] as were many others.[297] The German
+warrior fought his best that he might protect and please his wife.[298]
+The standard of conjugal fidelity was strict[299]; men were content with
+one wife, although high nobles were sometimes allowed several wives as
+an increase to the family prestige.[300] The dowry was brought not by
+the wife to the husband, but to the wife by the husband--evidently a
+survival of the custom of wife purchase; but the wife was accustomed to
+present her husband with arms and the accoutrements of war.[301] She was
+reminded that she took her husband for better and worse, to be a
+faithful partner in joy and sorrow until death.[302] A woman guilty of
+adultery was shorn and her husband drove her naked through the village
+with blows.[303]
+
+[Sidenote: The written laws of the barbarians.]
+
+We see, then, that by no means all of these barbarian nations had the
+same standards in regard to women. Of written laws there were none as
+yet. But contact with the civilisation of Rome had its effect; and when
+Goths, Burgundians, Franks, and Lombards had founded new states on the
+ruins of the western Roman Empire, the national laws of the Germanic
+tribes began to be collected and put into writing at the close of the
+fifth century. Between the fifth and the ninth centuries we get the
+Visigothic, Burgundian, Salic, Ripuarian, Alemannic, Lombardian,
+Bavarian, Frisian, Saxon, and Thuringian law books. They are written in
+medieval Latin and are not elaborated on a scientific basis. Three
+distinct influences are to be seen in them: (1) native race customs,
+ideals, and traditions; (2) Christianity; (3) the Roman civil law, which
+was felt more or less in all, but especially in the case of the
+Visigoths; as was natural, since this people had been brought into
+closest touch with Rome. Inasmuch as the barbarians allowed all peoples
+conquered by them to be tried under their own laws, the old Roman civil
+law was still potent in all its strength in cases affecting a Roman. Let
+us endeavour to glean what we can from the barbarian codes on the matter
+of women's rights.
+
+[Sidenote: Guardianship.]
+
+The woman was always to be under guardianship among the Germanic peoples
+and could never be independent under any conditions. Perhaps we should
+rather call the power (_mundium_) wielded by father, brother, husband,
+or other male relative a protectorate; for in those early days among
+rude peoples any legal action might involve fighting to prove the merits
+of one's case, and the woman would therefore constantly need a champion
+to assert her rights in the lists. Thus the woman was under the
+perpetual guardianship of a male relative and must do nothing without
+his consent, under penalty of losing her property.[304] Her guardian
+arranged her marriage for her as he wished, provided only that he chose
+a free man for her husband[305]; if the woman, whether virgin or widow,
+married without his consent, she lost all power to inherit the goods of
+her relatives[306]; and her husband was forced to pay to her kin a
+recompense amounting to 600 _solidi_ among the Saxons, 186 among the
+Burgundians.[307]
+
+[Sidenote: Marriage.]
+
+The feeling of caste was very strong; a woman must not marry below her
+station.[308] By a law of the Visigoths she who tried to marry her own
+slave was to be burned alive[309]; if she attempted it with another's
+bondman, she merited one hundred lashes.[310] The dowry was a fixed
+institution as among the Romans; but the bridegroom regularly paid a
+large sum to the father or guardian of the woman. This _wittemon_ was
+regarded as the price paid for the parental authority (_mundium_) and
+amounted among the Saxons to 300 _solidi_.[311] As a matter of fact this
+custom practically amounted to the intended husband giving the dowry to
+his future wife. The husband was also allowed to present his wife with a
+donation (_morgengabe_) on the morning after the wedding; the amount
+was limited by King Liutprand to not more than one fourth of all his
+goods.[312] Breaking an engagement after the solemn betrothal had been
+entered into was a serious business. The Visigoths refused to allow one
+party to break an engagement without the consent of the other; and if a
+woman, being already engaged, went over to another man without her
+parent's or fiance's leave, both she and the man who took her were
+handed over as slaves to the original fiance.[313] The other barbarians
+were content to inflict a money fine for breach of promise.[314]
+
+[Sidenote: Power of the husband.]
+
+The woman on marrying passed into the power of her husband "according to
+the Sacred Scriptures," and the husband thereupon acquired the lordship
+of all her property.[315] The law still protected the wife in some ways.
+The Visigoths gave the father the right of demanding and preserving for
+his daughter her dowry.[316] The Ripuarians ordained that whatever the
+husband had given his wife by written agreement must remain
+inviolate.[317] King Liutprand made the presence of two or three of the
+woman's male relatives necessary at any sale involving her goods, to see
+to it that her consent to the sale had not been forced.[318]
+
+[Sidenote: Divorce.]
+
+On the subject of divorce the regulations of the several peoples are
+various; but the commands of the New Testament are alike strongly felt
+in all; and we may expect to find divorce limited by severe
+restrictions.[319] The Burgundians allowed it only for adultery or grave
+crimes, such as violating tombs. If a wife presumed to dismiss her
+husband for any other cause, she was put to death (_necetur in luto_);
+to a husband who sent his wife a divorce without these specific reasons
+existing the law was more indulgent, allowing him to preserve his life
+by paying to his injured wife twice the amount that he had originally
+given her parents for her, and twelve _solidi_ in addition; and in case
+he attempted to prove her guilty of one of the charges mentioned above
+and she was adjudged innocent, he forfeited all his goods to her and was
+forced to leave his home.[320] The Visigoths were equally strict; the
+husband who dismissed his wife on insufficient legal grounds lost all
+power over her and must return all her goods; his own must be preserved
+for the children; if there were none, the wife acquired his property. A
+woman who married a divorced man while his first wife was living, was
+condemned for adultery and accordingly handed over to the first wife to
+be disposed of as the latter wished; exile, stripes, and slavery were
+the lot of a man who took another wife while his first partner was still
+alive.[321] The Alemanni and the Bavarians, who were more remote from
+Italy and hence from the Church, were influenced more by their own
+customs and allowed a pecuniary recompense to take the place of the
+harsher enactments.[322]
+
+[Sidenote: Adultery.]
+
+Adultery was not only a legal cause for divorce, but also a grave crime.
+All the barbarian peoples are agreed in so regarding it, but their
+penalties vary according as they were more or less affected by proximity
+to Italy, where the power of the Church was naturally strongest. The
+Ripuarians, the Bavarians, and the Alemanni preferred a money fine
+ranging from fifty to two hundred _solidi_.[323] Among the Visigoths
+the guilty party was usually bound over in servitude to the injured
+person to be disposed of as the latter wished.[324] Sometimes the law
+was harsher to women than to men; thus, according to a decree of
+Liutprand,[325] a husband who told his wife to commit adultery or who
+did so himself paid a mulct of fifty _solidi_ to the wife's male
+relatives; but if the wife consented to or hid the deed, she was put to
+death. The laws all agree that the killing of adulterers taken in the
+act could not be regarded as murder.
+
+[Sidenote: The Church indulgent toward kings.]
+
+It is always to be remembered that although the statutes were severe
+enough, yet during this period, as indeed throughout all history, they
+were defied with impunity. Charlemagne, for example, the most Christian
+monarch, had a large number of concubines and divorced a wife who did
+not please him; yet his biographer Einhard, pious monk as he was, has no
+word of censure for his monarch's irregularities[326]; and policy
+prevented the Church from thundering at a king who so valiantly crushed
+the heretics, her enemies. Bishop Gregory of Tours tells us without a
+hint of being shocked that Clothacharius, King of the Franks, had many
+concubines.[327] Concubinage was, in fact, the regular thing.[328] But
+neither in that age, nor later in the case of Louis XIV, nor in our own
+day in the case of Leopold of Belgium has the Church had a word of
+reproach for monarchs who broke with impunity moral laws on which she
+claims always to have insisted without compromise.
+
+[Sidenote: Remarriage.]
+
+In accordance with the commands of Scripture neither the divorced man
+nor the divorced woman could marry again during the lifetime of the
+other party. To do so was to commit adultery, for which the usual
+penalties went into effect.
+
+[Sidenote: Property rights and powers.]
+
+A woman's property would consist of any or all of these:
+
+I. Her share of the property of parents or brothers and sisters.
+
+II. Her dowry and whatever nuptial donations (_morgengabe_) her husband
+had given her, and whatever she had earned together with her husband.
+
+There could be no account of single women's property or disposal of what
+they earned, because in the half-civilised state of things which then
+obtained there was no such thing as women engaging in business; indeed,
+not even men of any pretension did so; war was their work. The unmarried
+woman was content to sit by the fire and spin under the guardianship
+and support of a male relative. Often she would enter a convent.
+
+I shall first discuss the laws of inheritance as affecting women, in
+order to note what property she was allowed to acquire. In this
+connection it is well to bear in mind a difference between Roman and
+Germanic law. The former viewed an inheritance as consisting always of a
+totality of all goods, whether of money, land, movables, cattle, dress,
+or what not. But among the Germanic peoples land, money, ornaments, and
+the like were regarded as so many distinct articles of inheritance, to
+some of which women might have legal claims of succession, but not
+necessarily to all. This is most emphatically shown in the case of land.
+Of all the barbarian peoples, the Ripuarians alone allowed women the
+right to succeed to land.[329] Among other nations a daughter or sister
+or mother, whoever happened to be the nearest heir, would get the money,
+slaves, etc., but the nearest _male_ kin would get the land.[330] Only
+if male kin were lacking to the fifth degree--an improbable
+contingency--did alodial inheritance "pass from the lance to the
+spindle."[331] In respect to all other things a daughter was co-heir
+with a son to the estate of a father or mother. According to the Salic
+and Ripuarian law this would be one order of succession[332]:
+
+   I. Children of the deceased.
+  II. These failing, surviving mother or father
+of deceased.
+ III. These failing, brother or sister of deceased.
+  IV. These failing, sister of mother of deceased.
+   V. These failing, sister of father of deceased.
+  VI. These failing, male relatives on father's side.
+
+It will be observed that in such a succession these laws are more
+partial to women relatives than the Roman law; an aunt, for example, is
+called before an uncle. An uncle would certainly exclude an aunt under
+the Roman law; but most of the Germanic codes allowed them an equal
+succession.[333] Nevertheless, when women did inherit under the former,
+they acquired the land also. Moreover, the woman among the Germanic
+nations must always be under guardianship; and whereas under the Empire
+the power of the guardian was in practice reduced to nullity, as I have
+shown, among the barbarians it was extremely powerful, because to assert
+one's rights often involved fighting in the lists to determine the
+judgment of God. It was a settled conviction among the Germanic peoples
+that God would give the victory to the rightful claimant. As women could
+not fight, a champion or guardian was a necessity. This was not true in
+Roman courts, which preferred to settle litigation by juristic reasoning
+and believed, like Napoleon, that God, when appealed to in a fight, was
+generally on the side of the party who had the better artillery.
+
+Children inherited not only the estate but also the friendships and
+enmities of their fathers, which it was their duty to take up.
+Hereditary feuds were a usual thing.[334] King Liutprand ordaine[335]
+however, that if a daughter alone survived, the feud was to be brought
+to an end and an agreement effected.
+
+Some of the nations seem to have provided that children must not be
+disinherited except for very strong reasons; for example, the law of the
+Visigoths[336] forbids more than one third of their estate being
+alienated by mother or father, grandmother or grandfather. The Alemanni
+permitted a free man to leave all his property to the Church and his
+heirs had no redress[337]; but the Bavarians compelled him before
+entering monastic life to distribute among his children their
+proportionate parts.[338]
+
+[Sidenote: Property of the married woman.]
+
+We may pass now to the property rights of the married woman. The
+relation of her husband to the dowry I have already explained. The dowry
+was conceived as being ultimately for the children; only when there were
+no children, grandchildren, or great-grandchildren did the woman have
+licence to dispose of the dowry as she wished: this was the law among
+the Visigoths.[339] The dowry, then, was to revert to the children or
+grandchildren at the death of the wife; if there were none such, to the
+parents or relatives who had given her in marriage; these failing, it
+escheated to the Crown--so according to Rotharis.[340] By the laws of
+the Visigoths[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 civilisation was in a state of flux, and immediate
+practical convenience was the only guide. They were content to fix the
+penalties for such outrages as murder, rape, insult, assault, and the
+like in money; the Visigoths alone were more stringent in a case of
+rape, adding 200 lashes and slavery to the ravisher of a free woman who
+had accomplished his purpose.[350] Some enactments which may well strike
+us as peculiar deserve notice. For example, among the Saxons the theft
+of a horse or an ox or anything worth three _solidi_ merited death; but
+murder was atoned for by pecuniary damages.[351] Among the Burgundians,
+if a man stole horses or cattle and his wife did not at once disclose
+the deed, she and her children who were over fourteen were bound over in
+slavery to the outraged party "because it hath often been ascertained,
+that these women are the confederates of their husbands in crime."[352]
+
+The most minute regulations prevailed on the subject of injury to women.
+Under the Salic law[353] for instance, if a free man struck a free women
+on the fingers or hand, he had to pay fifteen _solidi_; if he struck her
+arm, thirty _solidi_; if above her elbow, thirty-five _solidi_; if he
+hit her breast, forty-five _solidi_. The penalties for murdering a free
+woman were also elaborated on the basis of her value to the state as a
+bearer of children. By the same Salic law[354] injury to a pregnant
+woman resulting in her death merited a fine of seven hundred _solidi_;
+but two hundred was deemed sufficient for murder of one after her time
+for bearing children had passed. Similarly, for killing a free woman
+after she had begun to have children the transgressor paid six hundred
+_solidi_; but for murdering an unmarried freeborn girl only two hundred.
+The murder of a free woman was punished usually by a fine (_wergeld_)
+equal to twice the amount demanded for a free man "because," as the law
+of the Bavarians has it,[355] "a woman can not defend herself with arms.
+But if, in the boldness of her heart (per audaciam cordis sui), she
+shall have resisted and fought like a man, there shall not be a double
+penalty, but only the recompense usual for a man [160 _solidi_]." Fines
+were not paid to the state, but to the injuried parties or, if these did
+not survive, to the nearest kin. If the fine could not be paid, then
+might death be meted to the guilty.[356]
+
+Another peculiar feature of the Germanic law was the appeal to God to
+decide a moot point by various ordeals. For example, by the laws of the
+Angles and Werini, if a woman was accused of murdering her husband, she
+would ask a male relative to assert her innocence by a solemn oath[357]
+or, if necessary, by fighting for her as her champion in the lists. God
+was supposed to give the victory to the champion who defended an
+innocent party. If she could find no champion, she was permitted to
+walk barefoot over nine red-hot ploughshares[358]; and if she was
+innocent, God would not, of course, allow her to suffer any injury in
+the act.
+
+[Sidenote: Women in slavery.]
+
+Perhaps a word on the status of women in slavery among the Germanic
+nations will not be out of place. The new nations looked upon a slave as
+a chattel, much as the Romans did. If a wrong was done a slave woman,
+her master received a recompense from the aggressor, but she did not,
+for to hold property was denied her. But we may well believe that the
+great value which the Church put on chastity and conjugal fidelity
+rendered the slave woman less exposed to the brutal passions of her lord
+than had been the case under the Empire. Thus, by a law of King
+Liutprand, a master who committed adultery with the wife of a slave was
+compelled to free both[359]; and the Visigot[360] inflicted fifty
+lashes and a fine of twenty _solidi_ upon the man who used violence to
+another man's slave woman.
+
+On comparing the position of women under Roman law and under the
+Germanic nations, as we have observed them thus far, we should note
+first of all that under the latter women benefited chiefly by the
+insistence of the Church on the value of chastity in both sexes. That
+in those days the passions of men were difficult to restrain in practice
+does not invalidate the real service done the world by the ideal that
+was insisted upon,[361] an ideal which was certainly not held in pagan
+antiquity except by a few great minds. Although the social position of
+woman was thus improved, the character of the age and the sentiments of
+the Bible which I have already quoted made her status far inferior to
+her condition under Roman law so far as her legal rights were concerned.
+In a period[362] when the assertion of one's rights constantly demanded
+fighting, the woman was forced to rely on the male to champion her; the
+Church, in accordance with the dicta of the Apostles, encouraged and
+indeed commanded her to confine herself to the duties of the household,
+to leave legal matters to men, and to be guided by their advice; and
+thus she was prevented from asserting herself out of regard for the
+strong public opinion on the subject, which was quite alien to the
+sentiments of the old Roman law. Henceforward also we are to have law
+based on old customs and _theology_,[363] not on practical convenience
+or scientific reasoning.
+
+
+SOURCES
+
+I. Corpus Iuris Germanici Antiqui: edidit Ferd. Walter.
+Berolini--impensis G. Reimeri, 1824. 3 vols.
+
+II. C. Iulii Caesaris Commentarii de Bello Gallico: recognovit Geo.
+Long. Novi Eboraci apud Harperos Fratres. 1883
+
+III. Cornelii Taciti libri qui supersunt: quartum recognovit Carolus
+Halm. Lipsiae (Teubner), 1901.
+
+IV. Sancti Georgii Florentii Gregorii, Episcopi Turonensis, Historiae
+Ecclesiasticae Francorum libri decem: edidit J. Guadet et N.R. Taranne.
+Parisiis, apud Julium Renouard et Socios, 1838.
+
+V. Iordanis de Origine Actibusque Getorum: edidit Alfred Holder.
+Freiburg und Tubingen; Verlagsbuchhandlung von J. C.B. Mohr.
+
+VI. Widukindi Rerum Gestarum Saxonicarum libri tres. Accedit libellus de
+Origine Gentis Suevorum. Editio quarta: post Georgium Waitz recognovit
+Karolus A. Kehr. Hannoverae et Lipsiae Impensis Bibliopolii Hahniani,
+1904.
+
+VII. Procopii Caesariensis opera omnia: recognovit Jacobus Haury.
+Lipsiae. (Teubner). 1905.
+
+VIII. Einhardi Vita Karoli Magni. Editio quinta. Post G.H. Perte
+recensuit G. Waitz. Hannoverae et Lipsiae, 1905.
+
+IX. Pauli Historia Langobardorum: edidit Georg Waitz. Hannoverae,
+impensis Bibliopolii Hahniani, 1878.
+
+NOTES:
+
+[288] _de Bell. Gall_., vi, 19.
+
+[289] Id., i, 50.
+
+[290] Id., v, 14.
+
+[291] _Agricola_, 16. _Germania_, 45: Suionibus Sitonum gentes
+continuantur. Cetera similes, uno differunt, quod femina dominatur; in
+tantum non modo a libertate, sed etiam a servitute degenerant. No woman
+ever reigned alone as queen of the Roman Empire until 450 A.D., when
+Pulcheria, sister of Theodosius II, ascended the throne of the East; but
+she soon took the senator Marcian in marriage and made him king.
+
+[292] _Agricola_, 16.
+
+[293] _Germania_, 8.
+
+[294] Procopius, _de bello Vandalico_, ii, 8, observes the same thing
+among the Maurousians, or Moors, in northern Africa: [Greek: andra gar
+manteuesthai en to ethnei touto ou themis, alla gunaikes sphisi katochoi
+hek de tinos lerourgias ginomenai prolegousi ta esomena, ton palai
+chresterion oudenos esson.]
+
+[295] Tacitus, _Hist_., iv, 61, and v, 24.
+
+[296] Id., _Germania_, 8.
+
+[297] Ibid., 8.
+
+[298] Ibid., 7.
+
+[299] Ibid., 17.
+
+[300] Ibid.
+
+[301] Ibid., 18.
+
+[302] Ibid., 18 and 19.
+
+[303] Ibid., 19.
+
+[304] Liutprand, i, 5: Si filiae aut sorores contra voluntatem patris
+aut fratris egerint, potestatem habet pater aut frater iudicandi res
+suas quomodo aut qualiter voluerit.
+
+[305] Leges Liutprandi, vi, 119: si quis filiam suam aut sororem alii
+sponsare voluerit, habeat potestatem dandi cui voluerit, libero tamen
+homini. Lex Wisigothorum, iii, 1, 7 and 8.
+
+[306] Leges Liutprandi, vi, 119. Lex Angliorum et Werinorum, x, 2: si
+libera femina sine voluntate patris aut tutoris cuilibet nupserit,
+perdat omnem substantiam quam habuit vel habere debuit. Reply of a
+bishop quoted by Gregory of Tours, 9, 33: quia sine consilio parentum
+eam coniugio copulasti, non erit uxor tua. But the law of the Visigoths
+(iii, i, 8, and 2,8) merely deprived her of succession to the estate of
+her parents.
+
+[307] Lex Saxonum, vi, 2: Si autem sine voluntate parentum, puella tamen
+consentiente, ducta fuerit (uxorem ducturus) bis ccc solidos parentibus
+eius componat. Lex Burgundionum: _Add_., 14. cf. Edictum Rotharis, 188:
+si puella libera aut vidua sine voluntate parentum ad maritum
+ambulaverit, liberum tamen, tunc maritus, qui eam acceperit uxorem,
+componat pro anagrip solidos XX et propter faidam alios XX.
+
+[308] By a law of the Alemanni (_Tit_., 57), if two sisters were
+heiresses to a father's estate and one married a vassal (_colonus_) of
+the King or Church and the other became the wife of a free man equal to
+her in rank, the latter only was allowed to hold her father's land,
+although the rest of the goods were divided equally.
+
+[309] Lex Wisigothorum, iii, 2, 2.
+
+[310] Ibid., iii, 2, 3.
+
+[311] Lex Saxonum, vi, I: uxorem ducturus CCC solidos det parentibus
+eius. See also the lex Burgundionum, 66, I and 2 and 3. In the case of a
+widow who married again the gift of the husband was called _reiphe_ or
+_reippus_ and very solemn ceremonies belonged to the giving of it
+according to the Salic law, _Tit_., 47: si, ut fieri adsolet, homo
+moriens viduam dimiserit et cam quis in coniugium voluerit accipere,
+antequam eam accipiat Tunginus aut Centenarius Mallum indicent, et in
+ipso Mallo scutum habere debet, et tres homines vel caussas mandare. Et
+tunc ille, qui viduam accipere vult, cum tribus testibus qui adprobare
+debent, tres solidos aeque pensantes, et denarium habere debet, etc.
+
+[312] Leges Liutprandi, ii, 1.
+
+[313] Lex Wisigothorum, iii, 1, 2 and 3, and iii, 6, 3.
+
+[314] E.g., 62 _solidi_ by the Salic law, _Tit_., 70. See also Lex
+Baiuvariorum, _Tit_., vii, 15 and 16 and 17. Lex Alemannorum, 52, i; 53;
+54.
+
+[315] Lex Burgundionum, _Add. primum_, xiii: quaecumque mulier Burgundia
+vel Romana voluntate sua ad maritum ambulaverit, iubemus ut maritus ipse
+de facultate ipsius mulieris, sicut in eam habet potestatem, ita et de
+rebus suis habeat.
+
+Lex Wisigothorum, iv, 2, 15: Vir qui uxorem suam secundum sacram
+scripturam habet in potestate, similiter et in servis suis potestatem
+habebit, et omnia quae cum servis uxoris suae vel suis in expeditione
+acquisivit, in sua potestate permaneant.
+
+[316] Lex Wisigothorum, iii, Tit. i, 6.
+
+[317] Lex Ripuariorum, 37, 1.
+
+[318] Leges Liutprandi, iv, 4.
+
+[319] That is, for the common people. Kings have always had a little way
+of doing as they pleased. See the anecdote of King Cusupald in Paulus'
+_Hist. Langobard_, i, 21: secunda autem (sc. filia Wacchonis) dicta est
+Walderada, quae sociata est Cusupald, alio regi Francorum, quam ipse
+odio habens uni ex suis, qui dicebatur Garipald, in coniugium tradidit.
+
+[320] For all this see Lex Burgundionum, 34, 1-4.
+
+[321] For all these, see Lex Wisigothorum, iii, 6, 1 and 2.
+
+[322] Capitula Addita ad Legem Alemannorum, 30. Lex Baiuvariorum, vii,
+14.
+
+[323] Lex Ripuariorum, _Tit_., 35. Lex Baiuvariorum, vii. Lex
+Alemannorum, 51, 1.
+
+[324] Lex Wisigothorum, iii, 6, 1 and 2, and iii, 4, 1.
+
+[325] Leges Liutprandi, vi, 130.
+
+[326] Einhard, _Vita Kar. Mag_., 17: Deinde cum matris hortatu filiam
+Desiderii regis Langobardorum duxisset uxorem, incertum qua de causa,
+post annum eam repudiavit et Hildigardam de gente Suaborum praecipuae
+nobilitatis feminam in matrimonium duxit ... Habuit et alias tres filias
+... duas de Fastrada uxore ... tertiam de concubina quadam ... defuncta
+Fastrada ... tres habuit concubinas.
+
+[327] Gregory of Tours, 4, 3.
+
+[328] The concubines of Theodoric--Jordanes, _de orig. acti busque
+Get._, 58. Huga, king of the Franks, had a filium quem ex concubina
+genuit--Widukind, _Res Gest. Sax._, i, 9.
+
+[329] Lex Ripuariorum, _Til_., 48. Lex Angliorum et Werinorum, vi--_de
+alodibus_, 1: hereditatem defuncti filius, non filia suscipiat. Salic
+Law, _Tit_., 62: _de alodis_, 6: de terra vero Salica in mulierem nulla
+portio hereditatis transit, sed hoc virilis sexus adquirat, hoc est,
+filii in ipsa hereditate succedunt. Lex Saxonum, vii, 1: Pater aut mater
+defuncti filio, non filiae hereditatem relinquit.
+
+[330] Cf. Lex Angliorum et Werinorum, vi: _de alodibus_.
+
+[331] Ibid., vi, 8: post quintam autem (sc. generationem) filia ex toto,
+sive de patris sive de matris parte, in hereditatem succedat, et tunc
+demum hereditas ad fusum a lancea transeat.
+
+[332] Lex Salica, _Tit._, 62. Lex Ripuariorum, _Tit._, 56.
+
+[333] Cf. Lex Wisigothorum, iv, 2, 7 and 9.
+
+[334] Tacitus, _Germania_, 21.
+
+[335] Legis Liutprandi, ii, 7.
+
+[336] Lex Wisigothorum, iv, 5, I.
+
+[337] Lex Alemannorum, _Tit._, i.
+
+[338] Lex Baiuvariorum, _Tit._, i.
+
+[339] Lex Wisigothorum, iv, 2, 20.
+
+[340] Edictum Rotharis, i, 121.
+
+[341] Lex Wisigothorum, iv, 2, 13.
+
+[342] Cf. Capitula addita ad legem Alemannorum, 29. Lex Saxonum, viii,
+2.
+
+[343] Cf. lex Wisigothorum, iv, 2, 11: maritus et uxor tunc sibi
+hereditario iure succedant, quando mulla affinitas usque ad septimum
+gradum de propinquis eorum vel parentibus inveniri poterit. See also Lex
+Burgundionum, 14, 1.
+
+[344] Lex Saxonum, ix. Lex Ripuariorum, 37, 2.
+
+[345] Lex Saxonum, viii. Lex Wisigothorum, iv, 3, 3. Lex Burgundionum
+85, 1, and 62, 1.
+
+[346] Lex Burgundionum, 42, 1; 62, 1; 74, 1.
+
+[347] Lex Baiuvariorum, xiv, 9, 1.
+
+[348] Ibid., xiv, 6.
+
+[349] For all this, see Lex Burgundionum, 24 and 62 and 74. Lex
+Wisigothorum, iv, Tit. 3. Lex Baiuvariorum, 14. Lex Alemannorum, 55 and
+56.
+
+[350] Lex Wisigothorum, iii, 3, 1.
+
+[351] Lex Saxonum, iv. In the early days when the Great West of the
+United States was just being opened up and when society there was in a
+very crude state, a horse thief was regularly hanged; but murder was
+hardly a fault.
+
+[352] Lex Burgundionum, 47, 1 and 2. The guilty man was put to death.
+
+[353] Lex Salica, _Tit._, 23.
+
+[354] Id, _Tit._, 28.
+
+[355] Lex Baiuvariorum, _Tit._, xiii, 2.
+
+[356] Cf. lex Salica, _Tit._, 61--a very curious account of formalities
+to be observed in such a case.
+
+[357] It was deemed sufficient for a male relative, say, the father, to
+assert the innocence of the woman under solemn oath: for it was thought
+that he would be unwilling to do this if he knew the woman was guilty
+and so incur eternal Hell-fire as a punishment for perjury. An example
+of this solemn ceremony is told interestingly by Gregory of Tours, 5,
+33. A woman at Paris was charged by her husband's relatives with
+adultery and was demanded to be put to death. Her father took a solemn
+oath that she was innocent. Far from being content with this, the
+husband's kin began a fight and the matter ended in a wholesale butchery
+at the church of St. Dionysius.
+
+[358] Lex Angliorum et Werinorum, xiv: aut si campionem non habuerit,
+ipsa ad novem vomeres ignitos examinanda mittatur.
+
+[359] Leges Liutprandi, vi, 140.
+
+[360] Lex Wisigothorum, iii, 4, 16.
+
+[361] See the interesting story of the girl who slew Duke Amalo, as
+narrated by Gregory of Tours, 9, 27.
+
+[362] The bloody nature of the times is depicted naively by Gregory,
+Bishop of Tours, who wrote the history of the Franks. See, e.g., the
+stories of Ingeltrudis, Rigunthis, Waddo, Amalo, etc., in Book 9.
+Gregory was born in 539.
+
+[363] _Corpus Iuris Canonici_ (Friedberg), vol. i, p. 1, _Distinctio
+Prima_: ius naturae est quod in lege et _evangelio_ continetur.
+
+
+
+
+CHAPTER V
+
+DIGRESSION OF THE LATER HISTORY OF ROMAN LAW
+
+
+With Charlemagne, who was crowned Emperor by the Pope in the year 800,
+began the definite union of Church and State and the Church's temporal
+power. Henceforth for seven centuries, until the Reformation, we shall
+have to reckon with canon law as a supreme force in determining the
+question of the position of women. A brief survey of the later history
+of the old Roman Law will not be out of place in order to note what
+influence, if any, it continued to exert down the ages.
+
+The body of the Roman law, compiled by order of Justinian (527-565
+A.D.), was intended primarily for the eastern empire; but when, in the
+year 535, the Emperor conquered the western Goths, who then ruled Italy,
+he ordered his laws taught in the school of jurisprudence at Rome and
+practiced in the courts. I have already remarked that the barbarians who
+overran Italy allowed the vanquished the right to be judged in most
+cases by their own code. But the splendid fabric of the Roman law was
+too elaborate a system to win the attentive study of a rude people; the
+Church had its own canons, the people their own ancestral customs; and
+until the twelfth century no development of the Roman Civil Code took
+place. Finally, during the twelfth century, the great school at Bologna
+renewed the study with vigour, and Italy at the present day derives the
+basic principles of its civil law from the Corpus of Justinian.
+Practically the same story holds true of France,[364] of Spain, and of
+the Netherlands, all of whom have been influenced particularly by the
+great jurists of the sixteenth century who were simply carrying further
+the torch that had been lit so enthusiastically at Bologna in the
+twelfth century.
+
+As to Germany,[365] when that unhappy country had been separated from
+France and Italy after the Treaty of Verdun in 843, Carlovingian law and
+the ancient German law books fell into disuse. The law again rested on
+unwritten customs, on the decisions of the judges and their assessors,
+and on agreements of the interested parties (feudal services and
+tenures). Not till the twelfth and thirteenth centuries was any record
+made of the rules of law which had arisen; many laws of cities on
+various matters and in various provinces were recorded by public
+authority; and thus originated the so-called law books of the Middle
+Ages, the private labours of experienced men, who set forth the legal
+principles which were recognised in all Germany, or at least in certain
+parts of it. There were no law schools as yet, and scientific
+compilation of German law was not even thought of. After the University
+of Bologna had revived the study of Roman law in Italy, the Italian
+universities attracted the German youth, who on their return would
+labour to introduce what they had learned. Their efforts were seconded
+by the clergy, through the close connection with canon law which was in
+force in Germany. German emperors and territorial lords also favoured
+Roman law because they saw how well suited it was to absolutism; they
+liked to engage jurists trained in Italy, especially if they were
+doctors of both canon and Roman law. Nor did the German people object.
+From the fourteenth century many schools of jurisprudence were
+established on Italian models.
+
+At present, the law of Justinian has only such force as is received by
+usage or as it has acquired by recognition. I. The Roman law forms in
+Germany the principal law in some branches, that is, it is in so far its
+basis that the German law is only an addition or modification of it. In
+other branches it is only supplementary, that is, it is merely
+subsidiary to the German law. II. Only the glossed parts and passages of
+Justinian's law collection have binding force in Germany.
+
+III. Only those glossed passages are binding which contain the latest
+rule of law. Consequently the historical materials contained in them,
+though always of great importance for discovering the latest law, have
+not binding force. IV. Those precepts of the Roman law which relate to
+Roman manners and institutions unknown in Germany are inapplicable here,
+though glossed. V. The Roman law has but slight application to such
+objects and transactions as were unknown to the Romans and are of purely
+Germanic origin. VI. With the limitations above enumerated the Roman law
+has been adopted as a whole and not in detached parts.
+
+In England Roman law has had practically no effect. In the year 1149 a
+Lombard jurist, Vacarius, lectured on it at Oxford; but there were no
+results. Canon law is, of course, a force to be reckoned with in Britain
+as on the Continent.
+
+Before we enter the question of women's rights during the Middle Ages,
+we must take a general survey of the character of that period; for
+obviously we cannot understand its legislation without some idea of the
+background of social, political, and intellectual life. In the first
+place, then, the Church was everywhere triumphant and its ideals
+governed legislation completely on such matters as marriage. The civil
+law of Rome, as drawn up first by the epitomisers and later studied more
+carefully at Bologna, served to indicate general principles in cases to
+which canon law did not apply; but there was little jurisdiction in
+which the powers ecclesiastical could not contrive to take a hand. At
+the same time Germanic ideals and customs continued a powerful force.
+For a long time after the partition of the vast empire of Charlemagne
+government was in a state of chaos and transition from which eventually
+the various distinct states arose. A struggle between kings and nobles
+for supremacy dragged along for many generations; and as during that
+contest each feudal lord was master in his own domain, there was no
+consistent code of laws for all countries or, indeed, for the same
+country. Yet the character of the age determined in a general way the
+spirit that dictated all laws. Society rested on a military and
+aristocratic basis, and when the ability to wield arms is essential to
+maintain one's rights, the position of women will be affected by that
+fact. Beginning with the twelfth century city life began to exert a
+political influence; and this, again, did not fail to have an effect on
+the status of women. Of any participation of women in intellectual life
+there could be no question until the Renaissance, although we do meet
+here and there with isolated exceptions, a few ladies of high degree
+like Roswitha of Gandersheim and Hadwig, Duchess of Swabia, niece of
+Otto the Great, and Heloise. The learning was exclusively scholastic,
+and from any share in that women were barred. When people are kept in
+ignorance, there is less inducement for them to believe that they have
+any rights or to assert them if they do think so.
+
+We shall do well to bear in mind, in noting the laws relative to women,
+that theory is one thing and practice quite another. Hence, although the
+doctrines of the Church on various matters touching the female sex were
+characterised by the greatest purity, we shall see that in practice they
+were not strictly executed. Religion does in fact play a less
+considerable part in regulating the daily acts of men than theologians
+are inclined to believe. If anything proves this, it is the history of
+that foulest stain on Christian nations--prostitution. We might expect
+that since the Roman Catholic Church insists so on chastity the level of
+this virtue would certainly be higher in countries which are almost
+exclusively Catholic, like Spain and Italy, than in Protestant lands;
+but no one who has ever travelled in Spain or Italy fails to recognise
+that the conduct of men is as lamentably low in these as in England,
+Germany, or the United States.
+
+With this brief introduction I shall proceed next to explain the
+position of women under the canon law, a code which affected all
+countries of Europe equally until the Reformation; and in connection
+with this I shall give some idea of the attitude of the Roman Catholic
+Church towards women and women's rights at the present day.
+
+NOTES:
+
+[364] French customary law began to be written in the thirteenth century
+and was greatly affected by the Roman law.
+
+[365] The succeeding paragraphs are a summary of the account by the
+learned Professor Mackeldey, who has investigated Roman law with the
+most minute diligence.
+
+
+
+
+CHAPTER VI
+
+THE CANON LAW AND THE ATTITUDE OF THE ROMAN CATHOLIC CHURCH
+
+
+[Sidenote: The canon law reaffirms the subjection of women.]
+
+The canon law reaffirms woman's subjection to man in no uncertain terms.
+The wife must be submissive and obedient to her husband.[366] She must
+never, under penalty of excommunication, cut off her hair, because "God
+has given it to her as a veil and as a sign of her subjection."[367] A
+woman who assumed men's garments was accursed[368]; it will be
+remembered that the breaking of this law was one of the charges which
+brought Joan of Arc to the stake. However learned and holy, woman must
+never presume to teach men publicly.[369] She was not allowed to bring a
+criminal action except in cases of high treason or to avenge the death
+of near relatives.[370] Parents could dedicate a daughter to God while
+she was yet an infant; and this parental vow bound her to the nunnery
+when she was mature, whether she was willing or not.[371] Virgins or
+widows who had once consecrated themselves to God might not marry under
+pain of excommunication.[372] Parents could not prevent a daughter from
+taking vows, if she so wished, after she had attained the age of
+twelve.[373]
+
+[Sidenote: Woman and marriage under canon law.]
+
+The most important effect of the canon law was on marriage, which was
+now a sacrament and had its sanction not in the laws of men, but in the
+express decrees of God. Hence even engagements acquired a sacred
+character unknown to the Roman law; and when a betrothal had once been
+entered into, it could be broken only in case one or both of the
+contracting parties desired to enter a monastery.[374] Free consent of
+both man and woman was necessary for matrimony.[375] There must also be
+a dowry and a public ceremony.[376] The legitimate wife is thus
+defined[377]: "A chaste virgin, betrothed in chastity, dowered according
+to law, given to her betrothed by her parents, and received from the
+hands of the bridesmaids (_a paranimphis accipienda_); she is to be
+taken according to the laws and the Gospel and the marriage ceremony
+must be public; all the days of her life--unless by consent for brief
+periods to devote to worship--she is never to be separated from her
+husband; for the cause of adultery she is to be dismissed, but while she
+lives her husband may marry no other." The blessing of the priest was
+necessary. About every form connected with the marriage service the
+Church threw its halo of mystery and symbol to emphasise the sacred
+character of the union. Thus[378]: "Women are veiled during the marriage
+ceremony for this reason, that they may know they are lowly and in
+subjection to their husbands.... A ring is given by the bridegroom to
+his betrothed either as a sign of mutual love or rather that their
+hearts may be bound together by this pledge. For this reason, too, the
+ring is worn on the fourth finger, because there is a certain vein in
+that finger which they say reaches to the heart."
+
+[Sidenote: Clandestine marriages.]
+
+Clandestine marriages were forbidden,[379] but the Church always
+presumed everything it could in favour of marriage and its
+indissolubility. Thus, Gratian remarks[380]: "Clandestine marriages are,
+to be sure, contrary to law; nevertheless, they can not be dissolved."
+The reason for forbidding them was perfectly reasonable: one party might
+change his or her mind and there would be no positive proof that a
+marriage had taken place, so that a grave injury might be inflicted on
+an innocent partner by an unscrupulous one who desired to dissolve the
+union.[381] Yet the marriage by consent alone without any of the
+ceremonies or the blessing of the priest was perfectly valid, though not
+"according to law" (_legitimum_), and could not be dissolved.[382] Not
+until the great Council of Trent in 1563 was this changed. At that time
+all marriages were declared invalid unless they had been contracted in
+the presence of a priest and two or three witnesses.[383]
+
+[Sidenote: Protection to women.]
+
+The Church is seen in its fairest light in its provisions to protect the
+wife from sexual brutality on the part of her husband, and it deserves
+high praise for its stand on such matters.[384] Various other laws show
+the same regard for the interests of women. A man who was entering
+priestly office could not cast off his wife and leave her destitute, but
+must provide living and raiment for her.[385] Neither husband nor wife
+could embrace the celibate life nor devote themselves to continence
+without the consent of the other.[386] A man who cohabited with a woman
+as his concubine, even though she was of servile condition or
+questionable character, could not dismiss her and marry another saving
+for adultery.[387] Slaves were now allowed to contract marriages and
+masters were not permitted to dissolve them.[388]
+
+[Sidenote: Divorce.]
+
+It has always been and still is the boast of the Roman Catholic Church
+that it has been the supreme protector of women on account of its stand
+on divorce. Says Cardinal Gibbons[389]: "Christian wives and mothers,
+what gratitude you owe to the Catholic Church for the honorable position
+you now hold in society! If you are no longer regarded as the slave, but
+the equal, of your husbands; if you are no longer the toy of his
+caprice, and liable to be discarded at any moment; but if you are
+recognised as the mistress and queen of your household, you owe your
+emancipation to the Church. You are especially indebted for your liberty
+to the Popes who rose up in all the majesty of their spiritual power to
+vindicate the rights of injured wives against the lustful tyranny of
+their husbands." In view of such a claim I may be justified in entering
+a somewhat more detailed account of this subject.
+
+On the subject of divorce the Roman Catholic Church took the decided
+position which it continues to maintain at the present day. Marriage
+when entered upon under all the conditions demanded by the Church for a
+valid union is indissoluble.[390] A separation "from bed and board"
+(_quoad thorum seu quoad cohabitationem_) is allowed for various causes,
+such as excessive cruelty, for a determinate or an indeterminate period;
+but there is no absolute divorce even for adultery. For this cause a
+separation may, indeed, take place, but the bond of matrimony is not
+dissolved thereby and neither the innocent nor the guilty party may
+marry again during the lifetime of the other partner.
+
+All this seems very rigorous. It is true that the Roman Catholic Church
+does not permit "divorce." But it allows fourteen cases where a marriage
+can be declared absolutely null and void, as if it had never existed;
+and in these cases the man or woman may marry again. To say that the
+Roman Church does not allow divorce is, therefore, playing upon words.
+The instruments used to render its strict theory ineffective are
+"diriment impediments" and "dispensations."
+
+By the doctrine of "diriment impediments" the Pope or a duly constituted
+representative can declare that a marriage has been null and void from
+the very beginning because of some impediment defined in the canon law.
+Canon IV of the twenty-fourth session of the Council of Trent
+anathematises anyone who shall say that the Church cannot constitute
+impediments dissolving marriage, or that she has erred in constituting
+them. The impediments which can annul marriage are described in the
+official Catholic Encyclopedia, vol. vii, pages 697-698. Among them are
+impuberty and impotency. Then there is "disparity of worship," which
+renders void the marriage of a Christian--that is, a Roman Catholic,
+with an infidel,--that is, one who is unbaptised. Marriage of a Roman
+Catholic with a baptised non-Catholic constitutes a "relative"
+impediment and needs a special dispensation and provisoes, such as a
+guarantee to bring up the children in the Roman faith to give it
+validity. Another impediment is based on the presumption of want of
+consent, "the nullity being caused by a defect of consent." "This
+defect," says the Catholic Encyclopedia, "may arise from the intellect
+or the will; hence we have two classes. Arising from the intellect we
+have: insanity; and total ignorance, even if in confuso of what marriage
+is (this ignorance, however, is not presumed to exist after the age of
+puberty has been reached); and lastly error, where the consent is not
+given to what was not intended. Arising from the will, a defect of
+consent may be caused through deceit or dissimulation, when one
+expresses exteriorly a consent that does not really exist; or from
+constraint imposed by an unjust external force, which causes the consent
+not to be free." Consanguinity and affinity are diriment impediments.
+Consanguinity "prohibits all marriages in the direct ascending or
+descending line in infinitum, and in the collateral line to the fourth
+degree or fourth generation." Affinity "establishes a bond of
+relationship between each of the married parties and the blood relations
+of the other, and forbids marriage between them to the fourth degree.
+Such is the case when the marriage springs from conjugal relations; but
+as canon law considers affinity to spring also from illicit intercourse,
+there is an illicit affinity which annuls marriage to the second degree
+only." Then there is "spiritual relationship"; for example, the marriage
+of one who stood as sponsor in confirmation with a parent of the child
+is null and void.
+
+Under the canon law, even more resources are open for the man who is
+tired of his wife; by the doctrine, namely, of "spiritual fornication."
+Adultery is, of course, recognised as the cause that admits a
+separation. But the canon law remarks that idolatry and all harmful
+superstition--by which is meant any doctrine that does not agree with
+that of the Church--is fornication; that avarice is also idolatry and
+hence fornication; that in fact no vice can be separated from idolatry
+and hence all vices can be classed as fornication; so that if a husband
+only tried a little bit, he could without much trouble find some "vice"
+in his wife that would entitle him to a separation.[391]
+
+When all these fail, recourse can be had to a dispensation. The Church
+reserves the right to give dispensations for all impediments. Canon III
+of the twenty-fourth session of Trent says: "If anyone shall say, that
+only those degrees of consanguinity and affinity which are set down in
+_Leviticus_ [xviii, 6 ff.] can hinder matrimony from being contracted,
+and dissolve it when contracted; and that the Church can not dispense in
+some of those degrees, or ordain that others may hinder and dissolve it;
+let him be anathema."
+
+[Sidenote: Inheritance]
+
+The minute and far-fetched subtleties which the Roman Church has
+employed in the interpretation of these relationships make escape from
+the marital tie feasible for the man who is eager to disencumber himself
+of his life's partner. The man of limited means will have a hard time of
+it. The great and wealthy have been able at all periods, by working one
+or more of these doctrines, to reduce the theory of the Roman Church to
+nullity in practice. Napoleon had his marriage to Josephine annulled on
+the ground that he had never intended to enter into a religious marriage
+with her, although the day before the ceremony he had had the union
+secretly blessed by Cardinal Fesch. On the basis of this avowed lack of
+intent, his marriage with Josephine was declared null and void, and he
+was free to marry Louisa. A plea along the same lines is being worked by
+the Count de Castellane now. Louis XII, having fallen in love with Anne
+of Brittany, suddenly discovered that his wife was his fourth cousin,
+that she was deformed, and that her father had been his godfather; and
+for this the Pope gave him a dispensation and his legitimate wife was
+sent away. The Pope did not thunder against Louis XIV for committing
+adultery with women like Louise de la Valliere and Madame de Montespan.
+It is certainly true that in the case of Philip Augustus of France and
+Henry VIII of England the Pope did protect injured wives; but both these
+monarchs were questioning the Vatican's autocracy. The matrimonial
+relations of John of England, Philip's contemporary, were more corrupt
+than those of the French king; but, while the Pope chastised John for
+his defiance of his political autonomy, he did not excommunicate him on
+any ground of morality. The statement of Cardinal Gibbons is not
+entirely in accordance with history; he does not take all facts into
+consideration, as is also true of his complacent assumption that outside
+of the Roman Church no economic forces and no individuals have had any
+effect in elevating the moral and economic status of women.
+
+Questions such as those of inheritance belong properly to civil law;
+but the canon law claimed to be heard in any case into which any
+spiritual interest could be foisted. Thus in the year 1199 Innocent III
+enacted that children of heretics be deprived of all their offending
+parents' goods "since in many cases even according to divine decree
+children are punished in this world on account of their parents."[392]
+
+[Sidenote: General attitude towards women at the present day]
+
+The attitude of the Roman Catholic Church towards women's rights at the
+present day is practically the same as it has been for eighteen
+centuries. It still insists on the subjection of the woman to the man,
+and it is bitterly hostile to woman suffrage. This position is so well
+illustrated by an article of the Rev. David Barry in the Roman Catholic
+paper, the Dublin _Irish Ecclesiastical Review_, that I cannot do better
+than quote some of it. "It seems plain enough," he says, "that allowing
+women the right of suffrage is incompatible with the high Catholic ideal
+of the unity of domestic life. Even those who do not hold the high and
+rigid ideal of the unity of the family that the Catholic Church clings
+to must recognise some authority in the family, as in every other
+society. Is this authority the conjoint privilege of husband and wife?
+If so, which of them is to yield, if a difference of opinion arises?
+Surely the most uncompromising suffragette must admit that the wife
+ought to give way in such a case. That is to say, every one will admit
+that the wife's domestic authority is subordinate to that of her
+husband. But is she to be accorded an autonomy in outside affairs that
+is denied her in the home? Her authority is subject to her husband's in
+domestic matters--her special sphere; is it to be considered co-ordinate
+with his in regulating the affairs of the State? Furthermore, there is
+an argument that applies universally, even in the case of those women
+who are not subject to the care and protection of a husband, and even, I
+do not hesitate to say, where the matters to be decided on would come
+specially within their cognisance, and where their judgment would,
+therefore, be more reliable than that of men. It is this, that in the
+noise and turmoil of party politics, or in the narrow, but rancorous
+arena of local factions, it must needs fare ill with what may be called
+the passive virtues of humility, patience, meekness, forbearance, and
+self-repression. These are looked on by the Church as the special
+prerogative and endowment of the female soul ... But these virtues would
+soon become sullied and tarnished in the dust and turmoil of a contested
+election; and their absence would soon be disagreeably in evidence in
+the character of women, who are, at the same time, almost
+constitutionally debarred from preeminence in the more robust virtues
+for which the soul of man is specially adapted."
+
+Cardinal Gibbons, in a letter to the National League for the Civic
+Education of Women--an anti-suffrage organisation--said that "woman
+suffrage, if realised, would be the death-blow of domestic life and
+happiness" (Nov. 2, 1909).
+
+Rev. William Humphrey, S.J., in his _Christian Marriage_, chap. 16,
+remarks that woman is "the subordinate equal of man"--whatever that
+means.
+
+A few Roman Catholic prelates, like Cardinal Moran, have advocated equal
+suffrage, but they are in the minority. The Pope has not yet definitely
+stated the position of the Church; individual Catholics are free to take
+any side they wish, as it is not a matter of faith; but the tendency of
+Roman Catholicism is against votes for women.
+
+
+
+SOURCES
+
+I. Corpus Iuris Canonici: recognovit Aemilius Friedberg. Lipsiae
+(Tauchnitz) Pars Prior, 1879. Pars Secunda, 1881.
+
+II. Sacrosanctum Concilium Tridentinum, additis Declarationibus
+Cardinalium, Concilii Interpretum, ex ultima recognitione Joannis
+Gallemart, etc. Coloniae Agrippinae, apud Franciscum Metternich,
+Bibliopolam. MDCCXXVII.
+
+III. The Catholic Encyclopedia. New York, Robert Appleton Company.
+(Published with the _Imprimatur_ of Archbishop Parley.)
+
+IV. Various articles by Catholic prelates, due references to which are
+given as they occur.
+
+NOTES:
+
+[366] Augustine quoted by Gratian, _Causa_, 33, _Quaest_. 5, chapters
+12-16--Friedberg, i, pp. 1254, 1255. Ambrose and Jerome on the same
+matter, ibid., _c_. 15 and 17, Friedberg, i, p. 1255. Gratian, _Causa_
+30, _Quaest_. 5, _c_. 7--Friedberg, i, p. 1106: Feminae dum maritantur,
+ideo velantur, ut noverint se semper viris suis subditas esse et
+humiles.
+
+[367] Gratian, _Distinctio_, 30, _c_. 2--Friedberg, i, p. 107: Quecumque
+mulier, religioni iudicans convenire, comam sibi amputaverit quam Deus
+ad velamen eius et ad memoriam subiectionis illi dedit, tanquam
+resolvens ius subiectionis, anathema sit. Cf. Gratian, _Causa_, 15,
+_Quaest_. 3--Friedberg, i, p. 750.
+
+[368] Gratian, _Dist_., 30, _c_. 6, Friedberg, i, p. 108. See also
+_Deuteronomy_ xxii, 5.
+
+[369] Gratian, _Dist_., 23, _c_. 29--Friedberg, i, p. 86: Mulier,
+quamvis docta et sancta, viros in conventu docere non praesumat.
+
+[370] Id., _Causa_, 15, _Quaest_. 3--Friedberg, i, p. 750.
+
+[371] Id., _Causa_, 20, _Quaest_. 1, _c_. 2--Friedberg, i, pp. 843-844,
+quoting Gregory to Augustine, the Bishop of the Angles: Addidistis
+adhuc, quod si pater vel mater filium filiamve intra septa monasterii in
+infantiae annis sub regulari tradiderunt disciplina, utrum liceat eis,
+postquam ad pubertatis inoleverint annos, egredi, et matrimonio
+copulari. Hoe omnino devitamus, quia nefas est ut oblatis a parentibus
+Deo filiis voluptatis frena relaxentur. Id., _c_. 4--Fried., i, p. 844:
+quoting Isidore--quicumque a parentibus propriis in monasterio fuerit
+delegatus, noverit se ibi perpetuo mansurum. Nam Anna Samuel puerum suum
+natum et ablactatum Deo pietate obtulit. Id., _c_. 7--Fried., i, pp.
+844-845.
+
+[372] Gratian, _Dist_., 27, _c_. 4 et 9, and _Dist_., 28, _c_.
+12--Friedberg, i, pp. 99 and 104. Id., _Causa_, 27, _Quaest_. 1, _c_. 1
+and 7--Friedberg, i, pp. 1047 and 1O50.
+
+[373] Gratian, _Causa_, 20, _Quaest_. 2, _c_. 2--Friedberg, i, pp.
+847-848.
+
+[374] Cf. Council of Trent, Session 24, "On the Sacrament of Matrimony,"
+_Canon_ 6: "If anyone shall say that matrimony contracted but not
+consummated is not dissolved by the solemn profession of religion by one
+of the parties married: let him be anathema."
+
+Gratian, _Causa_, 27, _Quaest_. ii, _c_. 28--Fried., i, p. 1071. Id.,
+_c_. 46, 47, 50, 51--Fried., i, pp. 1076, 1077, 1078.
+
+[375] Gratian, _Causa_, 30, _Quaest_. 2--Fried., i, p. 1100: Ubi non est
+consensus utriusque, non est coniugium. Ergo qui pueris dant puellas in
+cunabulis et e converso, nihil faciunt, nisi uterque puerorum postquam
+venerit ad tempus discretionis consentiat, etiamsi pater et mater hoc
+fecerint et voluerint. Id. _Causa_, 31, _Quaest_. 2--Fried., i,
+1112-1114: sine libera voluntate nulla est copulanda alicui.
+
+[376] Gratian, _Causa_, 30, _Quaest_. 5, _c_. 6--Friedberg, i, p. 1106:
+Nullum sine dote fiat coniugium; iuxta possibilitatem fiat dos, nee sine
+publicis nuptiis quisquam nubere vel uxorem ducere praesumat.
+
+[377] Gratian, _Causa_, 30, _Quaest_. 5, _c_. 4--Friedberg, i, p. 1105.
+
+[378] Gratian, _Causa_, 30, _Quaest_. 5, _c_. 7--Friedberg, i, p. 1106.
+
+[379] Id., _c_. 1--Friedberg, i, p. 1104.
+
+[380] Id., _c_. 8--Friedberg, i, p. 1107.
+
+[381] Gratian, _Causa_, 30, _Quaest_. 5, _c_. 9--Friedberg, i, p. 1107.
+
+[382] Gratian, _Causa, 28, _Quaest_. i, _c_. 17--Friedberg, i, p. 1089:
+illorum vero coniugia, qui contemptis omnibus illis solempnitatibus solo
+affectu aliquam sibi in coniugem copulant, huiuscemodi coniugium non
+legitimum, sed ratum tantummodo esse creditur.
+
+[383] Sessio xxiv, cap. i--De Reformatione Matrimonii.
+
+[384] See Gratian, _Dist_., v, _c_. 4--Friedberg, i, p. 8, e.g., ... ita
+ut morte lex sacra feriat, si quis vir ad menstruam mulierem accedat.
+
+[385] Gratian, _Dist_., 31, _c_. 11--Friedberg, i, p. 114.
+
+[386] Gratian, _Causa_, 27, _Quaest_. 2, _c_. 18-22, and
+24-26--Friedberg i, pp. 1067-1070.
+
+[387] Gratian, _Dist_., 34, c. 4--Friedberg, i, p. 126. Id., _Causa_,
+29, _Quaest_. 1--Friedberg, i, p. 1092. Id., _Causa_, 29, _Quaest_. 2,
+c. 2.
+
+[388] Id., _Causa_, 29, _Quaest_. 2, c. 1 and 8.
+
+[389] "Divorce," by James Cardinal Gibbons, in the _Century_, May, 1909.
+
+[390] For this and what immediately follows see _Session_ 24 of the
+Council of Trent "On the Sacrament of Matrimony" and also the Catholic
+Encyclopedia under "Divorce."
+
+[391] Gratian, _Causa_ 28, _Quaest_. i, c. 5--Friedberg, i, pp.
+1080-1081. Licite dimittitur uxor que virum suum cogere querit ad malum.
+Idolatria, quam secuntur infideles, et quelibet noxia superstitio
+fornicatio est. Dominus autem permisit causa fornicationis uxorem
+dimitti. Sed quia dimisit et non iussit, dedit Apostolo locum monendi,
+ut qui voluerit non dimittat uxorem infidelem, quo sic fortassis possit
+fidelis fieri. Si infidelitas fornicatio est, et idolatria infidelitas,
+et avaritia idolatria, non est dubitandum et avaritiam fornicationem
+esse. Quis ergo iam quamlibet illicitam concupiscentiam potest recte a
+fornicationis genere separate, si avaritia fornicatio est?
+
+[392] Friedberg, ii, pp. 782 and 783: Quum enim secundum legitimas
+sanctiones, etc.
+
+Lea, in his _History of Confession and Indulgences_, ii, p. 87, quotes
+Zanchini, _Tract. de Haeret., cap. 33_, to the effect that goods of a
+heretic were confiscated and disabilities inflicted on two generations
+of descendants.
+
+
+
+
+CHAPTER VII
+
+HISTORY OF WOMEN'S RIGHTS IN ENGLAND
+
+
+Since I have now given a brief summary of the canon law, which until the
+Reformation marked the general principles that guided the laws of all
+Europe on the subject of women, I propose next to consider more
+particularly the history of women's rights in England; for the
+institutions of England, being the basis of our own, will necessarily be
+more pertinent to us than those of Continental countries, to which I
+shall not devote more than a passing comment here and there. My inquiry
+will naturally fall into certain well-defined parts. The status of the
+unmarried woman is different from that of her married sister and will,
+accordingly, demand separate consideration. The rights of women, again,
+are to be viewed both from the legal and the social standpoint. Their
+legal rights include those of a private nature, such as the disposal of
+property, and public rights, such as suffrage, sitting on a jury, or
+holding office. Under social rights are included the right to an
+education, to earn a living, and the like. Let us glance first at the
+history of the legal rights of single women.
+
+[Sidenote: Single women: Pollock and Maitland i, pp. 482-485.]
+
+From very early times the law has continued to put the single woman of
+mature age on practically a par with men so far as private single rights
+are concerned. She could hold land, make a will or contract, could sue
+and be sued, all of her own initiative; she needed no guardian. She
+could herself, if a widow, be guardian of her own children.
+
+[Sidenote: Pollock and Maitland, ii, 260-313. Blackstone, ii, ch. 13.]
+
+In the case of inheritance, however, women have to within extremely
+recent times been treated less generously than men. The male sex has
+been preferred in an inheritance; males excluded females of equal
+degree; or, in the words of Blackstone: "In collateral inheritances the
+male stock shall be preferred to the female; that is, kindred derived
+from the blood of the male ancestors, however remote, shall be admitted
+before those from the blood of the female, however near; unless where
+the lands have, in fact, descended from a female. Thus the relations on
+the father's side are admitted _in infinitum_ before those on the
+mother's side are admitted at all." Blackstone justly remarks that this
+harsh enactment of the laws of England was quite unknown to the Roman
+law "wherein brethren and sisters were allowed to succeed to equal
+portions of the inheritance." As an example, suppose we look for the
+heir of John Stiles, deceased. The order of succession would be:
+
+I. The eldest son, Matthew Stiles, or his issue.
+
+II. If his line is extinct, then Gilbert Stiles and the other sons,
+respectively, in order of birth, or their issue.
+
+III. In default of these, all the daughters together, Margarite and
+Charlotte Stiles, or their issue.
+
+IV. On the failure of the descendants of John Stiles himself, the issue
+of Geoffrey and Lucy Stiles, his parents, is called in, viz.: first,
+Francis Stiles, the eldest brother of the 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 always asserted
+special jurisdiction. By the middle of the twelfth century it was law in
+England that to it belonged this prerogative. The ecclesiastical court,
+for example, pronounced in a given case whether there had been a valid
+marriage or not; the temporal court took this decision as one of the
+bases for determining a matter of inheritance, whether a woman was
+entitled to dower, and the like. The general precepts laid down by canon
+law in the case of a wife have already been noted. These rules need now
+to be supplemented by an account of the position of women in marriage
+under the common law.
+
+Under the older common law the husband was very much lord of all he
+surveyed and even more. An old enactment thus describes a husband's
+duty[395]: "He shall treat and _govern_ the aforesaid A well and
+decently, and shall not inflict nor cause to be inflicted any injury
+upon the aforesaid A except in so far as he may lawfully and reasonably
+do so in accordance with _the right of a husband to correct and chastise
+his wife_." Blackstone, who wrote in 1763, has this to say on the
+husband's power to chastise his wife: "The husband also, by the old law,
+might give his wife moderate correction. For, as he is to answer for her
+misbehaviour, the law thought it reasonable to intrust him with this
+power of restraining her, by domestic chastisement, in the same
+moderation that a man is allowed to correct his apprentices or children,
+for whom the master or parent is also liable in some cases to answer.
+But this power of correction was confined within reasonable bounds, and
+the husband was prohibited from using any violence to his wife _aliter
+quam ad, virum, ex causa regiminis et castigationis uxoris suae, licite
+et rationabiliter pertinet_.[396] The civil law gave the husband the
+same, or a larger, authority over his wife; allowing him for some
+misdemeanours _flagellis et fustibus acriter verberare uxorem_ [to give
+his wife a severe beating with whips and clubs]; for others, only
+_modicam castigationem adhibere_ [to apply moderate correction]. But
+with us in the politer reign of Charles the Second, this power of
+correction began to be doubted; and a wife may now have security of the
+peace against her husband, or, in return, a husband against his wife.
+Yet the lower rank of people, who were always fond of the old common
+law, still claim and exert their ancient privilege; and the courts of
+law will still permit a husband to restrain a wife of her liberty, in
+case of any gross misbehaviour." Doubtless what Mr. Weller, Sr.,
+describes as the "amiable weakness" of wife-beating was not necessarily
+confined to the "lower rank." For instance, some of the courtly
+gentlemen of the reign of Queen Anne were probably not averse to
+exercising their old-time prerogative. Says Sir Richard Steele
+(_Spectator_, 479): "I can not deny but there are Perverse Jades that
+fall to Men's Lots, with whom it requires more than common Proficiency
+in Philosophy to be able to live. When these are joined to men of warm
+Spirits, without Temper or Learning, they are frequently corrected with
+Stripes; but one of our famous Lawyers is of opinion, That this ought to
+be used sparingly." The law was, indeed, even worse than might appear
+from the words of Blackstone. The wife who feared unreasonable violence
+could, to be sure, bind her husband to keep the peace; but she had no
+action against him. A husband who killed his wife was guilty of murder,
+but the wife who slew her husband was adjudged guilty of petty treason;
+and whereas the man would be merely drawn and hanged, the woman, until
+the reign of George III, was drawn and burnt alive.[397]
+
+The right of a husband to restrain a wife's liberty may not be said to
+have become completely obsolete until the case of _Reg. v. Jackson in
+1891_.[398] Wife-beating is still a flagrantly common offence in
+England.
+
+[Sidenote: Wife's property in marriage.]
+
+Turning now to the question of the wife's property in marriage, we shall
+be forced to believe that Blackstone was an optimist of unusual
+magnitude when he wrote that the female sex was "so great a favourite of
+the laws of England." Not to weary the reader by minute details, I
+cannot do better than give Messrs. Pollock and Maitland's excellent
+summary of the final shape taken by the common law--a glaring piece of
+injustice, worthy of careful reading, and in complete accord with
+Apostolic injunctions: "I. In the lands of which the wife is tenant in
+fee, whether they belonged to her at the date of the marriage or came to
+her during the marriage, the husband has an estate which will endure
+during the marriage, and this he can alienate without her concurrence.
+If a child is born of the marriage, thenceforth the husband as 'tenant
+by courtesy' has an estate which will endure for the whole of his life,
+and this he can alienate without the wife's concurrence. The husband by
+himself has no greater power of alienation than is here stated; he
+cannot confer an estate which will endure after the end of the marriage
+or (as the case may be) after his own death. The wife has during the
+marriage no power to alienate her land without her husband's
+concurrence. The only process by which the fee can be alienated is a
+_fine_ to which both husband and wife are parties and to which she gives
+her assent after a separate examination.
+
+"II. A widow is entitled to enjoy for her life under the name of dower
+one third of any land of which the husband was seised in fee at any time
+during the marriage. The result of this is that during the marriage the
+husband cannot alienate his own land so as to bar his wife's right of
+dower, unless this is done with her concurrence, and her concurrence is
+ineffectual unless the conveyance is made by _fine_." [This
+inconvenience for an unscrupulous husband was evaded in modern
+conveyancy by a device of extreme ingenuity finally perfected only in
+the eighteenth century. Professor James Bryce remarks (p. 820): "As this
+right (i.e., the right of dower) interfered with the husband's power of
+freely disposing of his own land, the lawyers at once set about to find
+means of evading it, and found these partly in legal processes by which
+the wife, her consent being ascertained by the courts, parted with her
+right, partly by an ingenious device whereby lands could be conveyed to
+a husband without the right of dower attaching to them, partly by giving
+the wife a so-called jointure which barred her claim."]
+
+"III. Our law institutes no community, even of movables, between husband
+and wife. Whatever movables the wife has at the date of the marriage
+become the husband's, and the husband is entitled to take possession of
+and thereby to make his own whatever movables she becomes entitled to
+during the marriage, and without her concurrence he can sue for all
+debts that are due her. On his death, however, she becomes entitled to
+all movables and debts that are outstanding, or (as the phrase goes)
+have not been 'reduced into possession.' What the husband gets
+possession of is simply his; he can freely dispose of it _inter vivos_
+or by will. In the main, for this purpose as for other purposes, a 'term
+of years' is treated as a chattel, but under an exceptional rule the
+husband, though he can alienate his wife's 'chattel real' _inter vivos_,
+cannot dispose of it by his will. If he has not alienated it _inter
+vivos_, it will be hers if she survives him. If he survives her, he is
+entitled to her 'chattels real' and is also entitled to be made the
+administrator of her estate. In that capacity he has a right to whatever
+movables or debts have not yet been 'reduced into possession' and, when
+the debts have been paid, he keeps these goods as his own. If she dies
+in his lifetime, she can have no other intestate successor. Without his
+consent she can make no will, and any consent that he may have given is
+revocable at any time before the will is proved.
+
+"IV. Our common law--but we have seen that this rule is not very
+old--assured no share of the husband's personality to the widow. He can,
+even by his will, give all of it away from her except her necessary
+clothes, and with that exception his creditors can take all of it. A
+further exception, of which there is not much to be read, is made of
+jewels, trinkets, and ornaments of the person, under the name of
+paraphernalia. The husband may sell or give these away in his lifetime,
+and even after his death they may be taken for his debts; but he cannot
+give them away by will. If the husband dies during the wife's life and
+dies intestate she is entitled to a third, or, if there be no living
+descendant of the husband, to one half of his personality [but see the
+note of Bryce, above]. But this is a case of pure intestate succession;
+she only has a share of what is left after payment of her husband's
+debts.
+
+"V. During the marriage the husband is in effect liable to the whole
+extent of his property for debts incurred or wrongs committed by his
+wife before the marriage, also for wrongs committed during the marriage.
+The action is against him and her as co-defendants. If the marriage is
+dissolved by his death, she is liable, his estate is not. If the
+marriage is dissolved by her death, he is liable as her administrator,
+but only to the extent of the property which he takes in that
+character." [Mr. Ashton, in his very interesting book, p. 31, quotes a
+peculiar note from a Parish Register in the reign of Queen Anne to this
+effect: "John Bridmore and Anne Sellwood, both of Chiltern all Saints,
+were married October 17, 1714. The aforesaid Anne Sellwood was married
+in her Smock, without any clothes or headgier on." "This is not
+uncommon," remarks Mr. Ashton, "the object being, according to a vulgar
+error, to exempt the husband from the payment of any debts his wife may
+have contracted in her ante-nuptial condition. This error seems to have
+been founded on a misconception of the law, as it is laid down 'the
+husband is liable for the wife's debts, because he acquires an absolute
+interest in the personal estate of his wife.' An unlearned person from
+this might conclude, and not unreasonably, that if his wife had no
+estate whatever he could not incur any liability."]
+
+"VI. During the marriage the wife cannot contract on her own behalf. She
+can contract as her husband's agent and has a certain power of pledging
+his credit in the purchase of necessaries. At the end of the Middle Ages
+it is very doubtful how far this power is to be explained by an 'implied
+agency.' The tendency of more recent times has been to allow her no
+power that cannot be thus explained, except in the exceptional case of
+desertion."
+
+A perusal of these laws shows that they are immensely inferior to the
+Roman law, which not only gave the wife full control of her property,
+but protected her from coercion and bullying on the part of the husband.
+The amendment of these injustices has been very recent indeed.
+Successive statutes in 1870, 1874, and 1882[399] finally abrogated the
+law which gave the husband full ownership of his wife's property by the
+mere act of marriage. Beginning with the year 1857, too, enlightenment
+in England had progressed to such a remarkable degree that certain acts
+were passed forbidding a husband to seize his wife's earnings and
+neglect her[400]; and she was actually allowed to keep her own wages
+after the desertion of her lord. Before that time he might desert his
+wife repeatedly, and return from time to time to take away her earnings
+and sell everything she had acquired. An act in 1886 (_49 and 50 Vict.,
+c. 52_) gave magistrates the power to order a husband to pay his wife a
+weekly sum, not exceeding two pounds, for her support and that of the
+children if it appeared to the magistrates that the deserting husband
+had the means of maintaining her, but was unwilling to do so. Still,
+the husband can at any time terminate his desertion and force his wife
+to take him back on penalty of losing all rights to such maintenance.
+There was frantic opposition to all of these revolutionary enactments
+and many prophets arose crying woe; but the acts finally passed and
+England still lives.
+
+[Sidenote: Divorce. Authorities as above; and Howard, ii, 3-117.]
+
+Until the Reformation divorce was regulated by the canon law in
+accordance with the principles which I have explained. After the
+Reformation the matter at once assumed a different aspect because all
+Protestants agreed in denying that marriage is a sacrament. Scotland in
+this as in other respects has been more liberal than England; as early
+as 1573 desertion as well as adultery had become grounds for divorce.
+But in England the force of the canon law continued. In Blackstone's day
+there were still, as under the canon law, only two kinds of separation.
+Complete dissolution of the marriage tie (_a vinculo matrimonii_) took
+place only on a declaration of the Ecclesiastical Court that on account
+of some canonical impediment, like consanguinity, the marriage was null
+and void from the beginning. Separation "from bed and board" (_a mensa
+et thoro_) simply gave the parties permission no longer to live together
+and was allowed for adultery or some other grave offences, like
+intolerable cruelty or a chronic disease. However, some time before
+Blackstone's day it had become the habit to get a dissolution of
+marriage _a vinculo matrimonii_ for adultery by Act of Parliament; but
+the legal process was so tedious, minute, and expensive that only the
+very rich could afford the luxury.[401] In the case of a separation _a
+mensa et thoro_ alimony was allowed the wife for her support out of her
+husband's estate at the discretion of the ecclesiastical judges.
+
+The initiative in divorce by Act of Parliament was usually taken by the
+husband; not until 1801 did a woman have the temerity so to assert her
+rights. The fact is, ever since the dawn of history society has, with
+its usual double standard of morality for men and women, insisted that
+while the husband must never tolerate infidelity on the part of the
+wife, the wife should bear with meekness the adulteries of her husband.
+Plutarch in his _Conjugal Precepts_ so advises a wife; and this pious
+frame of mind has continued down the centuries to the present day.
+Devout old Jeremy Taylor in his _Holy Living_--a book which is read by
+few, but praised by many--thus counsels the suffering wife[402]: "But
+if, after all the fair deportments and innocent chaste compliances, the
+husband be morose and ungentle, let the wife discourse thus: 'If, while
+I do my duty, my husband neglects me, what will he do if I neglect him?'
+And if she thinks to be separated by reason of her husband's unchaste
+life, let her consider that the man will be incurably ruined, and her
+rivals could wish nothing more than that they might possess him alone."
+Dr. Samuel Johnson ably seconded the holy Jeremy's advice by declaring
+that there is a boundless difference between the infidelity of the man
+and that of the woman. In the husband's case "the man imposes no
+bastards upon his wife." Therefore, "wise married women don't trouble
+themselves about infidelity in their husbands."[403] Until very recent
+times not only men but also women have been unanimous in counselling
+abject submission to and humble adoration of the husband. A single
+example out of hundreds will serve excellently as a pattern. In 1821 a
+"Lady of Distinction" writes to a "Relation Shortly after Her Marriage"
+as follows[404]: "The most perfect and implicit faith in the superiority
+of a husband's judgment, and the most absolute obedience to his desires,
+is not only the conduct that will insure the greatest success, but will
+give the most entire satisfaction. It will take from you a thousand
+cares, which would have answered to no purpose; it will relieve you from
+a weight of thought that would be very painful, and in no way
+profitable.... It has its origin in reason, in justice, in nature, and
+in the law of God.... I have told you how you may, and how people who
+are married do, get a likeness of countenance; and in that I have done
+it. You will understand me, that by often looking at your husband's
+face, by smiling on the occasions on which he does, by frowning on those
+things which make him frown, and by viewing all things in the light in
+which you perceive he does, you will acquire that likeness of
+countenance which it is an honour to possess, because it is a testimony
+of love.... When your temper and your thoughts are formed upon those of
+your husband, according to the plan which I have laid down, you will
+perceive that you have no will, no pleasure, but what is also his. This
+is the character the wife of prudence would be apt to assume; she would
+make herself the mirror, to show, unaltered, and without aggravation,
+diminution, or distortion, the thoughts, the sentiments, and the
+resolutions of her husband. She would have no particular design, no
+opinion, no thought, no passion, no approbation, no dislike, but what
+should be conformable to his own judgment ... I would have her judgment
+seem the reflecting mirror to his determination; and her form the shadow
+of his body, conforming itself to his several positions, and following
+it in all its movements ... I would not have you silent; nay, when
+trifles are the subject, talk as much as any of them; but distinguish
+when the discourse turns upon things of importance."
+
+It is not strange, therefore, that no woman protested publicly against
+a husband's infidelity until 1801. Up to 1840 there were but three cases
+of a woman's taking the initiative in divorce, namely, in 1801, 1831,
+and 1840; and in each case the man's adultery was aggravated by other
+offences. In two other suits the Lords rejected the petition of the
+wife, although the misconduct of the husband was clearly proved. But
+redress was still by the elaborate machinery of Act of Parliament and
+hence a luxury only for the wealthy until 1857, when a special Court for
+Divorce and Matrimonial Causes was established.[405] Nevertheless, the
+law as it stands to-day is not of a character to excite admiration or to
+prove the existence of the proverbial "British Fair Play." A husband can
+obtain a divorce upon proof of his wife's infidelity; but the wife can
+get it only by proving, in addition to the husband's adultery, either
+that it was aggravated by bigamy or incest or that it was accompanied by
+cruelty or by two years' desertion. Misconduct by the husband bars him
+from obtaining a divorce. The court is empowered to regulate at its
+discretion the property rights of divorced people and the custody of the
+children.[406] All attempts have failed to make the law recognise that
+the misconduct of the husband shall be regarded equally as culpable as
+the wife's.
+
+[Sidenote: Rape and the age of legal consent.]
+
+We may pause a moment to glance at the provisions made by the criminal
+law for protecting women. The offence that most closely touches women is
+rape. The punishment of this in Blackstone's day was death[407]; but in
+the next century the death penalty was repealed and transportation for
+life substituted.[408] The saddest blot on a presumably Christian
+civilisation connected with this matter is the so-called "age of legal
+consent." Under the older Common Law this was _ten_ or _twelve;_ in 1885
+it was _thirteen_, at which period a girl was supposed to be at an age
+to know what she was doing. But in the year 1885 Mr. Stead told the
+London public very plainly those hideous truths about crimes against
+young girls which everybody knew very well had been going on for
+centuries, but which no one ever before had dared to assert. The result
+was that Parliament raised the "age of legal consent" to sixteen, where
+it now stands.[409] The idea that any girl of this age is sufficiently
+mature to know what she is doing by consenting to the lust of scoundrels
+is a fine commentary on the acuteness of the legal intellect and the
+high moral convictions of legislators.
+
+[Sidenote: Women's rights to an education.]
+
+The rights of women to a higher education is distinctly a movement of
+the last half of the nineteenth century. It is true that throughout
+history there are many examples of remarkably well-educated women--Lady
+Jane Grey, for example, or Queen Elizabeth, or Olympia Morata, in Italy,
+she who in the golden period of the Renaissance became a professor at
+sixteen and wrote dialogues in Greek after the manner of Plato. But on
+looking closely into these instances we shall find first that these
+ladies were of noble rank and only thanks to their lofty position had
+access to knowledge; and secondly that they stand out as isolated
+cases--the great masses of women never dreamed beyond the traditional
+Kleider, Kueche, Kinder, and Kirche. That an elementary education,
+consisting of reading, writing, and simple arithmetic, was offered them
+freely by hospital, monastery, and the like schools even as early as
+Chaucer--this we know; nevertheless, beyond that they were not supposed
+to aspire. So very recently, indeed, have women secured the rights to a
+higher education that many thousands to-day can easily recall the
+intensely bitter attacks which were directed against colleges like
+Wellesley and Bryn Mawr in their inception. Until the middle of the
+nineteenth century the whole education--what there was of it--of a girl
+was arranged primarily with a view to capture a husband and, once having
+him secure, to be his loving slave, to dwell with adoring rapture on his
+superior learning, and to be humbly grateful if her liege deigned from
+time to time to throw his spouse some scraps of knowledge which might be
+safely administered without danger of making her think for herself.
+These facts no one can well deny; but a few instances of prevalent
+opinion, in addition to those which I have already quoted, will afford
+the amusement of concrete examples.
+
+Mrs. Chapone, in the eighteenth century, advised her niece to avoid the
+study of classics and science lest she "excite envy in one sex and
+jealousy in the other." Lady Mary Wortley Montagu laments thus: "There
+is hardly a creature in the world more despicable and more liable to
+universal ridicule than a learned woman," and "folly is reckoned so much
+our proper sphere, we are sooner pardoned any excesses of that than the
+least pretensions to reading and good sense." Pursuant to the prevailing
+sentiment on the education of women, the subjects which they studied and
+the books which they were allowed to read were carefully regulated. As
+to their reading, it was confined to romantic tales whereof the
+exceeding insipidity could not awaken any symptom of intelligence. Lyly
+dedicated his _Euphues_ to the "Ladies and Gentlewomen of England" and
+Sidney's _Arcadia_ owed its vast success to its female readers.
+
+The subjects studied followed the orthodox views. Beginning with the
+reign of Queen Anne boarding-schools for girls became very numerous. At
+these schools "young Gentlewomen" were "soberly educated" and "taught
+all sorts of learning fit for young Gentlewomen." The "learning fit for
+young Gentlewomen" comprised "the Needle, Dancing, and the French
+tongue; a little Music on the Harpsichord or Spinet, to read, write, and
+cast accounts in a small way." Dancing was the all-important study,
+since this was the surest route to their Promised Land, matrimony. The
+study of French consisted in learning parrot-like a modicum of that
+language pronounced according to the fancy of the speaker. As, however,
+the young beau probably did not know any more himself, the end justified
+the means. Studies like history, when pursued, were taken in
+homoeopathic doses from small compendiums; and it was adequate to know
+that Charlemagne lived somewhere in Europe about a thousand or so years
+ago. Yet even this was rather advanced work and exposed the woman to be
+damned by the report that she was educated. Ability to cook was not
+despised and pastry schools were not uncommon. Thus in the time of
+Queen Anne appears this: "To all Young Ladies: at Edw. Kidder's Pastry
+School in little Lincoln's Inn Fields are taught all Sorts of Pastry and
+Cookery, Dutch hollow works, and Butter Works," etc.
+
+At last in the first decades of the nineteenth century the civilised
+world began slowly to take some thought of women's higher education and
+to wake up to the fact that because a certain system has been in vogue
+since created man does not necessarily mean that it is the right one; a
+very heretical and revolutionary idea, which has always been and still
+is ably opposed by that great host of people who have steadily
+maintained that when men and women once begin to think for themselves
+society must inevitably run to ruin. In 1843 there was established a
+certain Governesses' Benevolent Institution. This was in its inception a
+society to afford relief to governesses, i.e., women engaged in
+tutoring, who might be temporarily in straits, and to raise annuities
+for those who were past doing work. Obviously this would suggest the
+question of what a competent governess was; and this in turn led to the
+demand for a diploma as a warrant of efficiency. That called attention
+to the extreme ignorance of the members of the profession; and it was
+soon felt that classes of instruction were needed. A sum of money was
+accordingly collected in 1846 and given the Institution for that
+purpose. Some eminent professors of King's College volunteered to
+lecture; and so, on a small scale to be sure, began what is now Queen's
+College, the first college for women in England, incorporated by Royal
+Charter in 1853. In 1849 Bedford College for women had been founded in
+London through the unselfish labours of Mrs. Reid; but it did not
+receive its charter until 1869. Within a decade Cheltenham, Girton,
+Newnham, and other colleges for women had arisen. Eight of the ten men's
+universities of Great Britain now allow examinations and degrees to
+women also; Oxford and Cambridge do not.
+
+[Sidenote: Women in the professions.]
+
+Since then women's right to any higher education which they may wish to
+embrace has been permanently assured. As early as 1868 Edinburgh opened
+its courses in pharmacy to women. In 1895 there were already 264 duly
+qualified female physicians in Great Britain. In many schools they are
+allowed to study with men, as at the College of Physicians and Surgeons
+at Edinburgh; there are four medical schools for women only. We find
+women now actively engaged in agriculture, apiculture, poultry-keeping,
+horticulture; in library work and indexing; in stenography; in all
+trades and professions. The year 1893 witnessed the first appointment of
+women as factory inspectors, two being chosen that year in London and in
+Glasgow. Nottingham had chosen women as sanitary inspectors in 1892.
+Thus in about two decades woman has advanced farther than in the
+combined ages which preceded. Before these very modern movements we may
+say that the stage was the only profession which had offered them any
+opportunity of earning their living in a dignified way. It seems that a
+Mrs. Coleman, in 1656, was the first female to act on the stage in
+England; before that, all female parts had been taken by boys or young
+men. A Mrs. Sanderson played Desdemona in 1660 at the Clare Market
+Theatre. In 1661, as we may see from Pepys' _Diary_ (Feb. 12, 1661), an
+actress was still a novelty; but within a few decades there were already
+many famous ones.
+
+[Sidenote: Woman suffrage in England]
+
+We have seen that now woman has obtained practically all rights on a par
+with men. There are still grave injustices, as in divorce; but the
+battle is substantially won. One right still remains for her to win, the
+right, namely, to vote, not merely on issues such as education--this
+privilege she has had for some time--but on all political questions; and
+connected with this is the right to hold political office. We may
+fittingly close this chapter by a review of the history of the agitation
+for woman suffrage.
+
+In the year 1797 Charles Fox remarked: "It has never been suggested in
+all the theories and projects of the most absurd speculation, that it
+would be advisable to extend the elective suffrage to the female sex."
+Yet five years before Mary Wollstonecraft had published her _Vindication
+of the Rights of Women_. Presently the writings of Harriet Martineau
+upon political economy proved that women could really think on politics.
+
+We may say that the general public first began to think seriously on the
+matter after the epoch-making Reform Act of 1832. This celebrated
+measure admitted L10 householders to the right to vote and carefully
+excluded females; yet it marked a new era in the awakening of civic
+consciousness: women had taken active part in the attendant campaigns;
+and the very fact that "male persons" needed now to be so specifically
+designated in the bill, whereas hitherto "persons" and "freeholders" had
+been deemed sufficient, attests the recognition of a new factor in
+political life.
+
+In 1865 John Stuart Mill was elected to Parliament. That able thinker
+had written on _The Subjection of Women_ and was ready to champion their
+rights. A petition was prepared under the direction of women like Mrs.
+Bodichon and Miss Davies; and in 1867 Mill proposed in Parliament that
+the word _man_ be omitted from the People's Bill and _person_
+substituted. The amendment was rejected, 196 to 83.
+
+Nevertheless, the agitation was continued. The next year constitutional
+lawyers like Mr. Chisholm Anstey decided that women might be legally
+entitled to vote; and 5000 of them applied to be registered. In a test
+case brought before the Court of Common Pleas the verdict was adverse,
+on the ground that it was contrary to usage for women to vote. The
+fight went on. Mr. Jacob Bright in 1870 introduced a "Bill to Remove the
+Electoral Disabilities of Women" and lost. In 1884 Mr. William Woodall
+tried again; he lost also, largely through the efforts of Gladstone; and
+the same statesman was instrumental in killing another bill in 1892,
+when Mr. A.J. Balfour urged its passage.
+
+At the present day women in England cannot vote on great questions of
+universal state policy nor can they hold great offices of state. Yet
+their gains have been enormous, as I shall next demonstrate; and in this
+connection I shall also glance briefly at their vast strides in the
+colonies.
+
+In 1850 Ontario gave all women school suffrage. In 1867 New South Wales
+gave them municipal suffrage. In 1869 England granted municipal suffrage
+to single women and widows; Victoria gave it to all women, married or
+single. In England in 1870 the Education Act, by which school boards
+were created, gave women the same rights as men, both as regards
+electing and being elected. In 1871 West Australia gave them municipal
+suffrage; in 1878 New Zealand gave school suffrage. In 1880 South
+Australia gave municipal suffrage. In 1881 widows and single women
+obtained municipal suffrage in Scotland and Parliamentary suffrage on
+the Isle of Man. Municipal suffrage was given by Ontario and Tasmania in
+1884 and by New Zealand and New Brunswick in 1886; by Nova Scotia and
+Manitoba in 1887. In 1888 England gave women county suffrage and British
+Columbia and the North-West Territory gave them municipal suffrage. In
+1889 county suffrage was given the women of Scotland and municipal
+suffrage to single women and widows in the Province of Quebec. In 1893
+New Zealand gave full suffrage. In 1894 parish and district suffrage was
+given in England to women married and single, with power to elect and to
+be elected to parish and district councils. In 1895 South Australia gave
+full state suffrage to all women. In 1898 the women of Ireland were
+given the right to vote for all officers except members of Parliament.
+In 1900 West Australia granted full state suffrage to all. In 1902 full
+national suffrage was given all the women in federated Australia and
+full state suffrage to those of New South Wales. In 1903 Tasmania gave
+full state suffrage; in 1905 Queensland did the same; in 1908 Victoria
+followed. In 1907 England made women eligible as mayors, aldermen, and
+county and town councillors. In London, for example, at the present time
+women can vote for the 28 borough councils and 31 boards of guardians of
+the London City Council; they can also be themselves elected to these;
+be members of the central unemployed body or of the 23 district
+committees, and can be co-opted to all other bodies, like the local
+pension committees. Women can be aldermen of the Council; and there is
+nothing to prevent one from holding even the office of chairman.
+
+At the present moment the cause of woman suffrage in England is being
+furthered chiefly by two organizations which differ in methods. The
+National Union of Women's Suffrage Societies has adopted the
+"constitutional" or peaceful policy; but the National Women's Social and
+Political Union is "militant" and coercive.
+
+SOURCES
+
+I. The English Statutes. Published by Authority during the Various
+Reigns.
+
+II. Studies in History and Jurisprudence: by James Bryce. Oxford
+University Press, 1901. Pages 782-859 on "Marriage and Divorce."
+
+III. History of English Law: by Frederick Pollock and Frederic Maitland.
+2 vols. Cambridge University Press, 1898--second edition.
+
+IV. Commentaries on the Laws of England: by Sir William Blackstone. With
+notes selected from the editions of Archbold, Christian, Coleridge,
+etc., and additional notes by George Sharswood, of the University of
+Pennsylvania. 2 vols. Philadelphia, 1860--Childs and Peterson, 602 Arch
+Street.
+
+V. A History of Matrimonial Institutions, chiefly in England and the
+United States: by George Elliott Howard. 4 vols. The University of
+Chicago Press, 1904.
+
+VI. Social England: edited by H.D. Traill. 6 vols. G.P. Putnam's Sons,
+1901.
+
+VII. Social Life in the Reign of Queen Anne, taken from original
+sources: by John Ashton. London, Chatto and Windus, 1897.
+
+VIII. The Renaissance of Girls' Education in England: by Alice Zimmern.
+London, A.D. Innes and Co., 1898.
+
+IX. Progress in Women's Education in the British Empire: edited by the
+Countess of Warwick. Being the Report of the Education Section,
+Victorian Era Exhibition, 1897. Longmans, Green, & Co., 1898.
+
+X. Current Literature from the Earliest Times to the Present Day,
+references to which are noted as they occur.
+
+NOTES:
+
+[393] If a woman sentenced to execution declared she was pregnant, a
+jury of twelve matrons could be appointed on a writ _de venire
+inspiciendo_ to determine the truth of the matter; for she could not be
+executed if the infant was alive in the womb. The same jury determined
+the case of a widow who feigned herself with child in order to exclude
+the next heir and when she was suspected of trying to palm off a
+supposititious birth. But from all other jury duties women have always
+been excluded "on account of the weakness of the sex"--_propter defectum
+sexus_.
+
+[394] Blackstone, i, ch. 16.
+
+[395] Reg. Brev. Orig., f. 89: quod ipse praefatam A bene et honeste
+tractabit et gubernabit, ac damnum vel malum aliquod eidem A de corpore
+suo, aliter quam ad virum suum ex causa regiminis et castigationis
+uxoris suae licite et rationabiliter pertinet, non faciet nec fieri
+procurabit.
+
+[396] "Except in so far as he may lawfully and reasonably do so in order
+to correct and chastise his wife."
+
+[397] The learned commentator Christian adds a few more cases where
+formerly the criminal law was harshly prejudiced against women. Thus:
+"By the Common Law, all women were denied the benefit of clergy; and
+till the 3 and 4 _W. and M_., c. 9 [William and Mary] they received
+sentence of death and might have been executed for the first offence in
+simple larceny, bigamy, manslaughter, etc., however learned they were,
+merely because their sex precluded the possibility of their taking holy
+orders; though a man who could read was for the same crime subject only
+to burning in the hand and a few months' imprisonment."
+
+[398] I Q.B. p. 671--in the Court of Appeal.
+
+[399] _Married Women's Property Act_, 45 and 46 V., c. 75--Aug. 18,
+1882.
+
+[400] Note this incident, from the _Westminister Review_, October, 1856:
+"A lady whose husband had been unsuccessful in business established
+herself as a milliner in Manchester. After some years of toil she
+realised sufficient for the family to live upon comfortably, the husband
+having done nothing meanwhile. They lived for a time in easy
+circumstances after she gave up business and then the husband died,
+_bequeathing all his wife's earnings to his own illegitimate children_.
+At the age of 62 she was compelled, in order to gain her bread, to
+return to business."
+
+[401] For a full account of the elaborate machinery see Chitty's note to
+Blackstone, vol. i, p. 441, of Sharswood's edition.
+
+[402] _Holy Living, ch. 3, section I: Rules for Married Persons._
+
+[403] Boswell, vii, 288. Perhaps if the venerable Samuel had had the
+statistics of venereal disease given by adulterous husbands to wives and
+children he might not have been so sure of his contention.
+
+[404] Quoted by Professor Thomas in the _American Magazine_, July, 1909.
+
+[405] See 20 and 21 V., c. 85--Aug. 28. 1857.
+
+[406] See 7 Edw., c. 12--Aug. 9, 1907--Matrimonial Causes Act, which
+also gives the court discretion in alimony.
+
+[407] Blackstone, iv, ch. 15.
+
+[408] 4 _and_ 5 _V., c._ 56, _s._ 3.
+
+[409] The Criminal Law Amendment Act, 1885, 48 _and_ 49 _V. c._ 69,
+section 5: "Any person who (1) unlawfully and carnally knows or attempts
+to have unlawful carnal knowledge of any girl being of or above the age
+of thirteen years and under the age of sixteen, or (2) unlawfully and
+carnally knows or attempts to have carnal knowledge of any female idiot
+or imbecile woman or girl under circumstances which do not amount to
+rape, but which prove that the offender knew at the time of the
+commission of the offence that the woman or girl was an idiot or
+imbecile, shall be guilty of a misdemeanour, and being convicted thereof
+shall be liable at the discretion of the Court to be imprisoned for any
+term not exceeding two years, with or without hard labour." Section 4:
+"Any one who unlawfully and carnally knows any girl under the age of
+thirteen shall be guilty of felony, and being convicted thereof shall be
+liable to be kept in penal servitude for life." Any one who merely
+attempts it can be imprisoned for any term not exceeding two years, with
+or without hard labour.
+
+
+
+
+CHAPTER VIII
+
+WOMEN'S RIGHTS IN THE UNITED STATES
+
+
+It has been my aim, in this short history of the growth of women's
+rights, to depict for the most part the strictly legal aspect of the
+matter; but from time to time I have interposed some typical
+illustration of public opinion, in order to bring into greater
+prominence the ferment that was going on or the misery which existed
+behind the scenes. A history of legal processes might otherwise, from
+the coldness of the laws, give few hints of the conflicts of human
+passion which combined to set those processes in motion. Before I
+present the history of the progress of women's rights in the United
+States, I shall place before the reader some extracts which are typical
+and truly representative of the opposition which from the beginning of
+the agitation to the present day has voiced itself in all ranks of life.
+Let the reader bear carefully in mind that from 1837 to the beginning of
+the twentieth century such abuse as that which I shall quote as typical
+was hurled from ten thousand throats of men and women unceasingly; that
+Mrs. Stanton, Miss Anthony, and Mrs. Gage were hissed, insulted, and
+offered physical violence by mobs in New York[410] and Boston to an
+extent inconceivable in this age; and that the marvellously unselfish
+labour of such women as these whom I have mentioned and of men like
+Wendell Phillips is alone responsible for the improvement in the legal
+status of women, which I propose to trace in detail. Some expressions of
+the popular attitude follow:
+
+[Sidenote: Examples of opposition to women's rights.]
+
+From a speech of the Rev. Knox-Little at the Church of St. Clements in
+Philadelphia in 1880: "God made himself to be born of a woman to
+sanctify the virtue of endurance; loving submission is an attribute of a
+woman; men are logical, but women, lacking this quality, have an
+intricacy of thought. There are those who think women can be taught
+logic; this is a mistake. They can never by any power of education
+arrive at the same mental status as that enjoyed by men, but they have a
+quickness of apprehension, which is usually called leaping at
+conclusions, that is astonishing. There, then, we have distinctive
+traits of a woman, namely, endurance, loving submission, and quickness
+of apprehension. Wifehood is the crowning glory of a woman. In it she is
+bound for all time. To her husband she owes the duty of unqualified
+obedience. There is no crime which a man can commit which justifies his
+wife in leaving him or applying for that monstrous thing, divorce. It
+is her duty to subject herself to him always, and no crime that he can
+commit can justify her lack of obedience. If he be a bad or wicked man,
+she may gently remonstrate with him, but refuse him never. Let divorce
+be anathema; curse it; curse this accursed thing, divorce; curse it,
+curse it! Think of the blessedness of having children. I am the father
+of many children and there have been those who have ventured to pity me.
+'Keep your pity for yourself,' I have replied, 'they never cost me a
+single pang.' In this matter let woman exercise that endurance and
+loving submission which, with intricacy of thought, are their only
+characteristics."
+
+From the Philadelphia _Public Ledger and Daily Transcript_, July 20,
+1848: "Our Philadelphia ladies not only possess beauty, but they are
+celebrated for discretion, modesty, and unfeigned diffidence, as well as
+wit, vivacity, and good nature. Who ever heard of a Philadelphia lady
+setting up for a reformer or standing out for woman's rights, or
+assisting to _man_ the election grounds [_sic_], raise a regiment,
+command a legion, or address a jury? Our ladies glow with a higher
+ambition. They soar to rule the hearts of their worshippers, and secure
+obedience by the sceptre of affection.... But all women are not as
+reasonable as ours of Philadelphia. The Boston ladies contend for the
+rights of women. The New York girls aspire to mount the rostrum, to do
+all the voting, and, we suppose, all the fighting, too.... Our
+Philadelphia girls object to fighting and holding office. They prefer
+the baby-jumper to the study of Coke and Lyttleton, and the ball-room to
+the Palo Alto battle. They object to having a George Sand for President
+of the United States; a Corinna for Governor; a Fanny Wright for Mayor;
+or a Mrs. Partington for Postmaster.... Women have enough influence over
+human affairs without being politicians.... A woman is nobody. A wife is
+everything. A pretty girl is equal to ten thousand men, and a mother is,
+next to God, all powerful.... The ladies of Philadelphia, therefore,
+under the influence of the most 'sober second thoughts' are resolved to
+maintain their rights as Wives, Belles, Virgins, and Mothers, and not as
+Women."
+
+From the "Editor's Table" of _Harper's New Monthly Magazine_, November,
+1853: "Woman's Rights, or the movement that goes under that name, may
+seem to some too trifling in itself and too much connected with
+ludicrous associations to be made the subject of serious arguments. If
+nothing else, however, should give it consequence, it would demand our
+earnest attention from its intimate connection with all the radical and
+infidel movements of the day. A strange affinity seems to bind them all
+together.... But not to dwell on this remarkable connection--the claim
+of 'woman's rights' presents not only the common radical notion which
+underlies the whole class, but also a peculiar enormity of its own; in
+some respects more boldly infidel, or defiant both of nature and
+revelation, than that which characterises any kindred measure. It is
+avowedly opposed to the most time-honoured proprieties of social life;
+it is opposed to nature; it is opposed to revelation.... This unblushing
+female Socialism defies alike apostles and prophets. In this respect no
+kindred movement is so decidedly infidel, so rancorously and avowedly
+anti-biblical.
+
+"It is equally opposed to nature and the established order of society
+founded upon it. We do not intend to go into any physiological argument.
+There is one broad striking fact in the constitution of the human
+species which ought to set the question at rest for ever. This is the
+fact of maternity.... From this there arise, in the first place,
+physical impediments which, during the best part of the female life, are
+absolutely insurmountable, except at a sacrifice of almost everything
+that distinguishes the civilized human from the animal, or beastly, and
+savage state. As a secondary, yet inevitably resulting consequence,
+there come domestic and social hindrances which still more completely
+draw the line between the male and female duties.... Every attempt to
+break through them, therefore, must be pronounced as unnatural as it is
+irreligious and profane.... The most serious importance of this modern
+'woman's rights' doctrine is derived from its direct bearing upon the
+marriage institution. The blindest must see that such a change as is
+proposed in the relations and life of the sexes cannot leave either
+marriage or the family in their present state. It must vitally affect,
+and in time wholly sever, that oneness which has ever been at the
+foundation of the marriage idea, from the primitive declaration in
+Genesis to the latest decision of the common law. This idea gone--and it
+is totally at war with the modern theory of 'woman's rights'--marriage
+is reduced to the nature of a contract simply.... That which has no
+higher sanction than the will of the contracting parties, must, of
+course, be at any time revocable by the same authority that first
+created it. That which makes no change in the personal relations, the
+personal rights, the personal duties, is not the holy marriage _union_,
+but the unholy _alliance_ of concubinage."
+
+In a speech of Senator George G. Vest, of Missouri, in the United States
+Senate, January 25, 1887, these: "I now propose to read from a pamphlet
+sent to me by a lady.... She says to her own sex: 'After all, men work
+for women; or, if they think they do not, it would leave them but sorry
+satisfaction to abandon them to such existence as they could arrange
+without us.'
+
+"Oh, how true that is, how true!"
+
+In 1890 a bill was introduced in the New York Senate to lower the "age
+of consent"--the age at which a girl may legally consent to sexual
+intercourse--from 16 to 14. It failed. In 1892 the brothel keepers tried
+again in the Assembly. The bill was about to be carried by universal
+consent when the chairman of the Judiciary Committee, feeling the
+importance of the measure, called for the individual yeas and nays, in
+order that the constituents of the representatives might know how their
+legislators voted. The bill thereupon collapsed. In 1889 a motion was
+made in the Kansas Senate to lower the age of consent from 18 to _12_.
+But the public heard of it; protests flowed in; and under the pressure
+of these the law was allowed to remain as it was.
+
+Such are some typical examples of the warfare of the opposition to all
+that pertains to advancing the status of women. As I review the progress
+of their rights, let the reader recollect that this opposition was
+always present, violent, loud, and often scurrilous.
+
+In tracing the history of women's rights in the United States my plan
+will be this: I shall first give a general review of the various
+movements connected with the subject; and I shall then lay before the
+reader a series of tables, wherein may be seen at a glance the status of
+women to-day in the various States.
+
+[Sidenote: Single women.]
+
+[Sidenote: History of agitation for women's rights.]
+
+In our country, as in England, single women have at all times had
+practically the same legal rights as men; but by no means the same
+political, social, educational, or professional privileges; as will
+appear more conclusively later on.
+
+We may say that the history of the agitation for women's rights began
+with the visit of Frances Wright to the United States in 1820. Frances
+Wright was a Scotchwoman, born at Dundee in 1797, and early exhibited a
+keen intellect on all the subjects which concern political and social
+reform. For several years after 1820 she resided here and strove to make
+men and women think anew on old traditional beliefs--more particularly
+on theology, slavery, and the social degradation of women. The venomous
+denunciations of press and pulpit attested the success of her efforts.
+In 1832 Lydia Maria Child published her _History of Woman_, a resume of
+the status of women; and this was followed by numerous works and
+articles, such as Margaret Fuller's, _The Great Lawsuit, or Man vs.
+Woman: Woman vs. Man_, and Eliza Farnham's _Woman and her Era_. Various
+women lectured; such as Ernestine L. Rose--a Polish woman, banished for
+asserting her liberty. The question of women's rights received a
+powerful impetus at this period from the vast number of women who were
+engaged in the anti-slavery agitation. Any research into the validity of
+slavery perforce led the investigators to inquire into the justice of
+the enforced status of women; and the two causes were early united.
+Women like Angelina and Sarah Grimke and Lucretia Mott were pioneers in
+numerous anti-slavery conventions. But as soon as they dared to address
+meetings in which men were present, a tempest was precipitated; and in
+1840, at the annual meeting of the Anti-Slavery Association, the men
+refused to serve on any committee in which any woman had a part;
+although it had been largely the contributions of women which were
+sustaining the cause. Affairs reached a climax in London, in 1840, at
+the World's Anti-Slavery Convention. Delegates from all anti-slavery
+organisations were invited to take part; and several American societies
+sent women to represent them. These ladies were promptly denied any
+share in the proceedings by the English members, thanks mainly to the
+opposition of the clergy, who recollected with pious satisfaction that
+St. Paul permitted not a woman to teach. Thereupon Lucretia Mott and
+Elizabeth Cady Stanton determined to hold a women's rights convention as
+soon as they returned to America; and thus a World's Anti-Slavery
+Convention begat an issue equally large.
+
+Accordingly, the first Women's Rights Convention was held at Seneca
+Falls, New York, July 19-20, 1848. It was organised by _divorced wives,
+childless women, and sour old maids_, the gallant newspapers declared;
+that is, by Mrs. Elizabeth Cady Stanton, Mrs. Lucretia Mott, Mrs.
+McClintock, and other fearless women, who not only lived the purest and
+most unselfish of domestic lives, but brought up many children besides.
+Great crowds attended. A _Declaration of Sentiments_ was moved and
+adopted; and as this exhibits the temper of the convention and
+illustrates the then prevailing status of women very clearly, I shall
+quote it:
+
+DECLARATION OF SENTIMENTS
+
+"When, in the course of human events, it becomes necessary for one
+portion of the family of man to assume among the people of the earth a
+position different from that which they have hitherto occupied, but one
+to which the laws of nature and of nature's God entitle them, a decent
+respect to the opinions of mankind requires that they should declare the
+causes which impel them to such a course.
+
+"We hold these truths to be self-evident: that all men and women are
+created equal; that they are endowed by their Creator with certain
+inalienable rights; that among these are life, liberty, and the pursuit
+of happiness; that to secure these rights governments are instituted,
+deriving their just powers from the consent of the governed. Whenever
+any form of government becomes destructive of those ends, it is the
+right of those who suffer from it to refuse allegiance to it, and to
+insist upon the institution of a new government, laying its foundation
+on such principles, and organising its powers in such form, as to them
+shall seem most likely to effect their safety and happiness. Prudence,
+indeed, will dictate that governments long established should not be
+changed for light or transient causes; and accordingly all experience
+hath shown that mankind are more disposed to suffer, while evils are
+sufferable, than to right themselves by abolishing the forms to which
+they were accustomed. But when a long train of abuses and usurpations,
+pursuing invariably the same object, evinces a design to reduce them
+under absolute despotism, it is their duty to throw off such government,
+and to provide new guards for their future security. Such has been the
+patient sufferance of the women under this government, and such is now
+the necessity which constrains them to demand the equal station to which
+they are entitled.
+
+"The history of mankind is a history of repeated injuries and
+usurpations on the part of man toward woman, having in direct object the
+establishment of an absolute tyranny over her. To prove this, let facts
+be submitted to a candid world.
+
+"He has never permitted her to exercise her inalienable right to the
+elective franchise.
+
+"He has compelled her to submit to laws, in the formation of which she
+had no voice.
+
+"He has withheld from her rights which are given to the most ignorant
+and degraded men--both natives and foreigners.
+
+"Having deprived her of this first right of a citizen, the elective
+franchise, thereby leaving her without representation in the halls of
+legislation, he has oppressed her on all sides.
+
+"He has made her, if married, in the eye of the law, civilly dead.
+
+"He has taken from her all right in property, even to the wages she
+earns.
+
+"He has made her, morally, an irresponsible being, as she can commit
+many crimes with impunity, provided they be done in the presence of her
+husband. In the covenant of marriage, she is compelled to promise
+obedience to her husband, he becoming, to all intents and purposes, her
+master--the law giving him power to deprive her of her liberty, and to
+administer chastisement.
+
+"He has so framed the laws of divorce, as to what shall be the proper
+causes, and, in case of separation, to whom the guardianship of the
+children shall be given, as to be wholly regardless of the happiness of
+women--the law in all cases going upon a false supposition of the
+supremacy of man, and giving all power into his hands.
+
+"After depriving her of all rights as a married woman, if single, and
+the owner of property, he has taxed her to support a government which
+recognises her only when her property can be made profitable to it.
+
+"He has monopolised nearly all the profitable employments, and from
+those she is permitted to follow she receives but a scanty remuneration.
+He closes against her all the avenues of wealth and distinction which he
+considers most honourable to himself. As a teacher of theology,
+medicine, or law, she is not known.
+
+"He has denied her the facilities for obtaining a thorough education,
+all colleges being closed against her.
+
+"He allows her in church, as well as state, but a subordinate position,
+claiming Apostolic authority for her exclusion from the ministry, and,
+with some exceptions, from any public participation in the affairs of
+the church.
+
+"He has created a false public sentiment by giving to the world a
+different code of morals for men and women, by which moral delinquencies
+which exclude women from society are not only tolerated, but deemed of
+little account in man.
+
+"He has usurped the prerogative of Jehovah himself, claiming it as his
+right to assign for her a sphere of action, when that belongs to her
+conscience and to her God.
+
+"He has endeavoured, in every way that he could, to destroy her
+confidence in her own powers, to lessen her self-respect, and to make
+her willing to lead a dependent and abject life.
+
+"Now, in view of this entire disfranchisement of one half the people of
+this country, their social and religious degradation; in view of the
+unjust laws above mentioned, and because women do feel themselves
+aggrieved, oppressed, and fraudulently deprived of their most sacred
+rights, we insist that they have immediate admission to all the rights
+and privileges which belong to them as citizens of the United States.
+
+"In entering upon the great work before us, we anticipate no small
+amount of misconception, misrepresentation, and ridicule; but we shall
+use every instrumentality within our power to effect our object. We
+shall employ agents, circulate tracts, petition the State and National
+legislatures, and endeavour to enlist the pulpit and press in our
+behalf. We hope this Convention will be followed by a series of
+Conventions embracing every part of the country."
+
+Such was the defiance of the Women's Rights Convention in 1848; other
+conventions were held, as at Rochester, in 1853, and at Albany in 1854;
+the movement extended quickly to other States and touched the quick of
+public opinion. It bore its first good fruits in New York in 1848, when
+the Property Bill was passed. This law, amended in 1860, and entitled
+"An Act Concerning the Rights and Liabilities of Husband and Wife"
+(March 20, 1860), emancipated completely the wife, gave her full control
+of her own property, allowed her to engage in all civil contracts or
+business on her own responsibility, rendered her joint guardian of her
+children with her husband, and granted both husband and wife a one-third
+share of one another's property in case of the decease of either
+partner.
+
+Thus New York became the pioneer. The movement spread, as I have
+mentioned, with amazing rapidity; but it was not so uniformly
+successful. Conventions were held, for example, in Ohio, at Salem,
+April 19-20, 1850; at Akron, May 28-29, 1851; at Massillon on May 27,
+1852. Nevertheless, in 1857, the Legislature of Ohio passed a bill
+enacting that no married man should dispose of any personal property
+without having first obtained the consent of his wife; the wife was
+empowered, in case of a violation of this law, to commence a civil suit
+in her own name for the recovery of the property; and any married woman
+whose husband deserted her or neglected to provide for his family was to
+be entitled to his wages and to those of her minor children. A bill to
+extend suffrage to women was defeated, by a vote of 44 to 44; the
+petition praying for its enactment had received 10,000 signatures.
+
+The course of events as it has been described in New York and Ohio, is
+practically the same in the case of the other States. The Civil War
+relegated these issues to a secondary place; but during that momentous
+conflict the heroism of Clara Barton on the battlefield and of thousands
+of women like her paved the way for a reassertion of the rights of woman
+in the light of her unquestioned exertions and unselfish labours for her
+country in its crisis. After the war, attention began to be concentrated
+more on the right to _vote_. By the Fourteenth Amendment the franchise
+was at once given to negroes; but the insertion of the word _male_
+effectually barred any national recognition of woman's right to vote. A
+vigorous effort was made by the suffrage leaders to have _male_
+stricken from the amendment; but the effort was futile. Legislators
+thought that the black man's vote ought to be secured first; as the _New
+York Tribune_ (Dec. 12, 1866) puts it snugly: "We want to see the ballot
+put in the hands of the black without one day's delay added to the long
+postponement of his just claim. When that is done, we shall be ready to
+take up the next question" (i.e., woman's rights).
+
+The first Women's Rights Convention after the Civil War had been held in
+New York City, May 10, 1866, and had presented an address to Congress.
+Such was the dauntless courage of the leaders, that Mrs. Stanton offered
+herself as a candidate for Congress at the November elections, in order
+to test the constitutional rights of a woman to run for office. She
+received twenty-four votes.
+
+Six years later, on November I, 1872, Miss Susan B. Anthony did a far
+more Audacious thing. She went to the polls and asked to be registered.
+The two Republican members of the board were won over by her exposition
+of the Fourteenth Amendment and agreed to receive her name, against the
+advice of their Democratic colleague and a United States supervisor.
+Following Miss Anthony's example, some fifty other women of Rochester
+registered. Fourteen voted and were at once arrested under the
+enforcement act of Congress of May 31, 1870 (_section_ 19). The case of
+Miss Anthony was argued, ably by her attorney; but she was adjudged
+guilty. A _nolle prosequi_ was entered for the women who voted with her.
+
+Immediately after the decision in her case, the inspectors who had
+registered the women were put on trial because they "did knowingly and
+willfully register as a voter of said District one Susan B. Anthony,
+she, said Susan B. Anthony, then and there not being entitled to be
+registered as a voter of said District in that she, said Susan B.
+Anthony, was then and there a person of the female sex, contrary to the
+form of the statute of the United States of America in such case made
+and provided, and against the peace of the United States of America and
+their dignity." The defendants were ordered to pay each a fine of
+twenty-five dollars and the costs of the prosecution; but the sentence
+was revoked and an unconditional pardon given them by President Grant,
+in an order dated March 3, 1874. Miss Anthony was forced to pay her
+fine, in spite of an appeal to Congress.
+
+Such were the stirring times when the agitation for women's rights was
+first brought to the fore as a national issue. Within a few years,
+various States, like New York and Kansas, put the question of equal
+suffrage for women before its voters; they in general rejected the
+measure. At present there are four States which give women complete
+suffrage and right to vote on all questions with the same privileges as
+men, viz., Wyoming (1869), Colorado (1893), Utah (1896), and Idaho
+(1896). In 1838 Kentucky gave school suffrage to widows with children
+of school age; in 1861 Kansas gave it to all women. School suffrage was
+granted all women in 1875 by Michigan and Minnesota, in 1876 by
+Colorado, in 1878 by New Hampshire and Oregon, in 1879 by Massachusetts,
+in 1880 by New York and Vermont, in 1883 by Nebraska, in 1887 by North
+and South Dakota, Montana, Arizona, and New Jersey. Kansas gave
+municipal suffrage in 1887; and Montana gave tax-paying women the right
+to vote upon all questions submitted to the tax-payers. In 1891 Illinois
+granted school suffrage, as did Connecticut in 1893. Iowa gave bond
+suffrage in 1894. In 1898 Minnesota gave women the right to vote for
+library trustees, Delaware gave school suffrage to tax-paying women, and
+Louisiana gave tax-paying women the right to vote upon all questions
+submitted to the tax-payers. Wisconsin gave school suffrage in 1900. In
+1901 New York gave tax-paying women in all towns and villages of the
+State the right to vote on questions of local taxation; and the Kansas
+Legislature voted down almost unanimously a proposal to repeal municipal
+suffrage. In 1903 Kansas gave bond suffrage; and in 1907 the new State
+of Oklahoma continued school suffrage. In 1908 Michigan gave all women
+who pay taxes the right to vote upon questions of local taxation and the
+granting of franchises.
+
+The history of the "age of legal consent" has an importance which
+through prudery and a wilful ignorance of facts the public has never
+fully realised. I shall have considerable to say of it later. It will
+suffice for the moment to remark that until the decade preceding 1898
+the old Common Law period of ten, sometimes twelve, years was the basis
+of "age of consent" legislation in most States and in the Territories
+under the jurisdiction of the national government. In 1885 the age in
+Delaware was _seven_.
+
+[Sidenote: Age of Legal consent.]
+
+[Sidenote: The beginnings of higher education for women.]
+
+The Puritans, burning with an unquenchable zeal for liberty, fled to
+America in order to build a land of freedom and strike off the
+shackles of despotism. After they were comfortably settled, they
+forthwith proceeded, with fine humour, to expel mistress Anne Hutchinson
+for venturing to speak in public, to hang superfluous old women for
+being witches, and to refuse women the right to an education. In 1684,
+when a question arose about admitting girls to the Hopkins School of New
+Haven, it was decided that "all girls be excluded as improper and
+inconsistent with such a grammar school as ye law enjoins and as in the
+Designs of this settlement." "But," remarks Professor Thomas, "certain
+small girls whose manners seem to have been neglected and who had the
+natural curiosity of their sex, sat on the schoolhouse steps and heard
+the boys recite, or learned to read and construe sentences from their
+brothers at home, and were occasionally admitted to school."
+
+In the course of the next century the world moved a little; and in
+1789, when the public school system was established in Boston, girls
+were admitted from April to October; but until 1825 they were allowed to
+attend primary schools only. In 1790 Gloucester voted that "two hours,
+or a proportional part of that time, be devoted to the instruction of
+females." In 1793 Plymouth accorded girls one hour of instruction daily.
+
+The first female seminary in the United States was opened by the
+Moravians in Bethlehem, Pennsylvania, in 1749. It was unique. In 1803,
+of 48 academies or higher schools fitting for college in Massachusetts,
+only three were for girls, although a few others admitted both boys and
+girls.
+
+The first instance of government aid for the systematic education of
+women occurred in New York, in 1819. This was due to the influence of a
+remarkable woman. Mrs. Emma Willard had begun teaching in Connecticut
+and by extraordinary diligence mastered not only the usual subjects of
+the curriculum, but in addition botany, chemistry, mineralogy,
+astronomy, and the higher mathematics. She had, moreover, striven always
+to introduce new subjects and new methods into her school, and with such
+success that Governor Clinton, of New York, invited her to that State
+and procured her a government subsidy. Her school was established first
+at Watervliet, but soon moved to Troy. This seminary was the first
+girls' school in which the higher mathematics formed a part of the
+course; and the first public examination of a girl in geometry, in 1829,
+raised a storm of ridicule and indignation--the clergy, as usual,
+prophesying the speedy dissolution of all family bonds and therefore, as
+they continued with remorseless logic, of the state itself. But Mrs.
+Willard continued her ways in spite of clerical disapproval and
+by-and-by projected a system of normal schools for the higher education
+of teachers, and even suggested women as superintendents of public
+schools. New York survived and does not even remember the names of the
+patriots who fought a lonely woman so valiantly.
+
+The first female seminary to approach college rank was Mt. Holyoke,
+which was opened by Mary Lyon at South Hadley, Mass., in 1836. Vassar,
+the next, dates from 1865; and Radcliffe, the much-abused "Harvard
+Annex," was instituted in 1879. These were the first colleges
+exclusively for women. Oberlin College had from its foundation, in 1833,
+admitted men and women on equal terms; although it took pains to express
+its hearty disapproval of those women who, after graduation, had the
+temerity to advocate political rights for women--rights which that same
+Oberlin insisted should be given the negro at once. In 1858, when Sarah
+Burger and other women applied for admission to the University of
+Michigan, their request was refused.
+
+[Sidenote: First women in medicine.]
+
+It was hard enough for women to assert their rights to a higher
+education; to enter a profession was almost impossible. Nevertheless,
+it was done. The pioneer in medicine was Harriet K. Hunt who practised
+in Boston from 1822 to 1872 without a diploma; but in 1853 the Woman's
+Medical College of Pennsylvania conferred upon her the degree of Doctor
+of Medicine. The first woman to receive a diploma from a college after
+completing the regular course was Elizabeth Blackwell, who attained that
+distinction at Geneva, New York, in 1848. The first adequate woman's
+medical institution was Miss Blackwell's New York Infirmary, chartered
+in 1854. In 1863, Dr. Zakrzewska, in co-operation with Lucy Goddard and
+Ednah D. Cheney, established the New England Hospital for Women and
+Children, which aimed to provide women the medical aid of competent
+physicians of their own sex, to assist educated women in the practical
+study of medicine, and to train nurses for the care of the sick.[411]
+
+[Sidenote: In law.]
+
+In law, it would seem that Mistress Brut practised in Baltimore as early
+as 1647; but after her the first woman lawyer in the United States was
+Arabella A. Mansfield, of Mt. Pleasant, Iowa. She was admitted to the
+bar in 1864. By 1879 women were allowed to plead before the Supreme
+Court of the United States.[412]
+
+[Sidenote: In the ministry.]
+
+Coming now to the consideration of the ministry, the first woman to
+attempt to assert a right to that profession was Anne Hutchinson, of
+Boston, in 1634. She was promptly banished. Among the Friends and the
+Shakers women like Lucretia Mott and Anne Lee preached; and among the
+primitive Methodists and similar bodies women were always permitted to
+exhort; but the first regularly ordained woman in the United States
+appears to have been Rev. Antoinette Brown Blackwell, of the
+Congregational Church who was ordained in 1852. In 1864 Rev. Olympia
+Brown settled as pastor of the parish at Weymouth Landing, in
+Massachusetts; and the Legislature acknowledged marriages solemnised by
+women as legal. Phebe Hanaford, Mary H. Graves, and Lorenza Haynes were
+the first Massachusetts women to be ordained preachers of the Gospel;
+the latter was at one time chaplain of the Maine House of
+Representatives. The best known woman in the ministry at the present day
+is Rev. Anna Howard Shaw, a Methodist minister, president of the
+National American Woman's Suffrage Association.[413]
+
+[Sidenote: As newspaper editors.]
+
+Women have from very early times been exceedingly active in newspaper
+work. Anna Franklin printed the first newspaper in Rhode Island, in
+1732; she was made official printer to the colony. When the founder of
+the _Mercury_, of Philadelphia, died in 1742, his widow, Mrs. Cornelia
+Bradford, carried it on for many years with great success, just as Mrs.
+Zenger continued the _New York Weekly Journal_--the second newspaper
+started in New York--for years after the death of her husband. Anna K.
+Greene established the _Maryland Gazette_, the first paper in that
+colony, in 1767. Penelope Russell printed _The Censor_ in Boston, in
+1771. In fact, there was hardly a colony in which women were not
+actively engaged in printing. After the Revolution they were still more
+active. Mrs. Anne Royal edited _The Huntress_ for a quarter of a
+century. Margaret Fuller ran _The Dial_, in Boston, in 1840 and numbered
+Emerson and William Channing among her contributors. From 1840 to 1849
+the mill girls of Lowell edited the _Lowell Offering_. These are but a
+few examples of what women have done in newspaper work. How very
+influential they are to-day every one knows who is familiar with the
+articles and editorial work appearing in newspapers and magazines; and
+that women are very zealous reporters many people can attest with
+considerable vigour.[414]
+
+[Sidenote: Women in industry.]
+
+The enormous part which women now play in industry and in all economic
+production is a concomitant of the factory system, specialised industry,
+and all that makes a highly elaborated and complex society. Before the
+introduction of machine industry, and in the simple society of the
+colonial days, women were no less a highly important factor in economic
+production; but not as wage earners. Their importance lay in the fact
+that spinning, weaving, brewing, cheese and butter making, and the like
+were matters attended to by each household to supply its own wants; and
+this was considered the peculiar sphere of the housewife. In 1840
+Harriet Martineau found only seven employments open to women in the
+United States, viz., teaching, needlework, keeping boarders, working in
+cotton mills and in book binderies, type-setting, and household service.
+
+I shall now present a series of fifty tables, by means of which the
+reader may see at a glance the status of women in all the States to-day.
+For convenience, I shall arrange the views alphabetically.
+
+
+TABLES SHOWING THE PRESENT STATUS OF WOMEN IN THE UNITED STATES.
+
+The right of "dower," as used in these tables, refers to the widow's
+right, under the Common Law, to the possession, for her life-time, of
+one third of the real estate of which her husband was possessed in
+fee-simple during the marriage.
+
+"Curtesy" is the right of the husband after his wife's death to the life
+use of his wife's real estate, sometimes dependent on the birth of
+children, sometimes not; and usually the absolute right to her whole
+personal estate.
+
+It must be remembered that the enforcement Of certain laws,
+particularly in regard to child labour, is extremely lax in many States.
+It will be noted also that an unscrupulous employer could find loopholes
+in some of the statutes. The reader can observe these things for himself
+in his particular State.
+
+
+
+_Alabama_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 916,764; female 911,933.
+
+HUSBAND AND WIFE: Wife controls own earnings and has full control of own
+property; but she cannot mortgage her real and personal property or
+alienate it without husband's consent. Married women may execute will
+without concurrence of husband and may bar latter's right of curtesy.
+Husband may appoint guardian for children by will; but wife has custody
+of them until they are fourteen. If a wife commits a crime in
+partnership with her husband she cannot be punished (except for murder
+and treason). Husband is not required by law to support the family.
+
+DIVORCE: Absolute divorce is granted for incurable impotence, adultery,
+desertion for two years, imprisonment for two years or more, crimes
+against nature, habitual drunkenness after marriage; in favour of
+husband if wife was pregnant at time of marriage without his knowledge
+or agency, in favour of wife for physical violence on part of husband
+endangering life or health, or when there is reasonable apprehension of
+such violence.
+
+Limited divorce is granted for cruelty in either of the parties or any
+other cause which would justify absolute divorce, if the party desires
+only a divorce from bed and board.
+
+LABOUR LAWS: Women not allowed to work in mines. Children under 12 not
+permitted to work in any factory. All employers of women must provide
+seats and must allow women to rest when not actively engaged.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: There
+is no suffrage. Women not eligible for any elective office; they may be
+notaries public. There are 18 women in the ministry, 12 journalists, 1
+dentist, 3 lawyers, 16 doctors, 3 professors, 2 bankers, 5 saloon
+keepers, 4 commercial travellers, 11 carpenters, etc.
+
+
+_Arizona_
+
+AGE OF LEGAL CONSENT: 17.
+
+POPULATION: Male 71,795; female 51,136.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Wife has control of
+property which she had before marriage. Wife may contract debts for
+necessaries for herself and children upon credit of husband. She may sue
+and be sued and make contracts in her own name as regards her separate
+property, but must sue jointly with husband for personal injuries, and
+damages recovered are community property and in his control. Father is
+legal guardian of minor children; at his death mother becomes guardian
+as long as she remains unmarried.
+
+DIVORCE: Absolute divorce for excesses, cruelty, or outrage, adultery,
+impotence, conviction for a felony, desertion for one year, neglect of
+husband to provide for one year, habitual intemperance; in favour of
+husband if wife was pregnant at time of marriage without his knowledge
+or agency.
+
+There is no limited divorce; but when the husband wilfully abandons his
+wife, she can maintain an action against him for permanent maintenance
+and support.
+
+LABOUR LAWS: No woman or minor may work or give any exhibition in a
+saloon.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+21 years old or more who are mothers or guardians of a child of school
+age are eligible to the office of school trustee and may vote for such
+officers. There are 12 women in the ministry, 1 dentist, 2 journalists,
+4 lawyers, 4 doctors, 628 saloon keepers, 2 bankers, etc.
+
+
+
+_Arkansas_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 675,312; female 636,252.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower exists, but not
+curtesy. Wife may sell or transfer her separate real estate without
+husband's consent. Father is legal guardian of children, but cannot
+apprentice them or create testamentary guardianship for them without
+wife's consent. At husband's death wife may be guardian of persons of
+children, but not of their property, unless derived from her.
+
+DIVORCE: Absolute or limited divorce for impotence, wilful desertion for
+a year, when husband or wife had a former wife or husband living at the
+time of the marriage sought to be set aside, conviction for felony or
+other infamous crime, habitual drunkenness for one year, intolerable
+indignities, and adultery subsequent to marriage.
+
+LABOUR LAWS: Labour contracts of married women, approved by their
+husbands, are legal and binding. No woman may work in a mine.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 13 women are ministers, 6 journalists, 9 lawyers, 39 doctors,
+3 professors, 3 saloon keepers, 9 commercial travellers, etc.
+
+
+
+_California_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 820,531; female 664,522.
+
+HUSBAND AND WIFE: Wife controls own earnings. Wife may dispose of
+separate property without husband's consent. In torts of a personal
+nature she must sue jointly with her husband. Husband is guardian of
+minor children; wife becomes so at his death. Husband must provide for
+family. If husband has no property or is disabled, wife must support him
+and the family out of her property or earnings.
+
+DIVORCE: Absolute divorce for adultery, extreme cruelty, wilful
+desertion for one year, wilful neglect for one year, habitual
+intemperance for one year, conviction for felony.
+
+There are no statutory provisions for limited divorce. But when the wife
+has any cause for action as provided in the code, she may, without
+applying for a divorce, maintain an action against her husband for
+permanent support and maintenance of herself or of herself and children.
+
+LABOUR LAWS: Sex shall be no disqualification for entering any business,
+vocation, or profession. Children under 16 may not be let out for
+acrobatic performances or any exhibition endangering life or morals. Any
+one who sends a minor under the age of 18 to a saloon, gambling house,
+or brothel, is guilty of a misdemeanour. One day of rest each week must
+be given all employees.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. May be elected school trustees. May be notaries public. There
+are 201 women in the ministry, 52 dentists, 116 journalists, 60 lawyers,
+522 doctors, 8 professors, 129 saloon keepers, 9 bankers, 23 commercial
+travellers, etc.
+
+
+_Colorado_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 295,332; female 244,368.
+
+HUSBAND AND WIFE: Wife controls own earnings. No assignment of wages by
+a married man is valid without the consent of his wife. Neither dower
+nor curtesy obtains. Husband and wife have same rights in making wills.
+Wife can sue and be sued as if unmarried. She is joint guardian of
+children with husband and has equal powers. Husband must support family.
+
+DIVORCE: Absolute divorce for impotence, when husband or wife had a wife
+or husband living at time of marriage, adultery subsequent to marriage,
+wilful desertion for one year, cruelty (including the infliction of
+mental suffering as well as physical violence), neglect to provide for
+one year, habitual drunkenness for one year, conviction for felony.
+
+There is no limited divorce.
+
+LABOUR LAWS: Eight hours the usual day's work. Children under 12 may not
+work in mines; none under 14 may exhibit in saloons, variety theatres,
+or any place endangering morals. No female help may be sent to any place
+of bad repute. Children under 14 may not be employed in mills or
+factories. No woman may work underground in a mine. All employers of
+women must provide seats.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full
+suffrage. Women are eligible to all offices; 10 have served in the
+Legislature. There are 39 women in the ministry, 23 dentists, 28
+journalists, 17 lawyers, 172 doctors, 4 professors, 17 saloon keepers,
+12 bankers, 8 commercial travellers, etc.
+
+
+_Connecticut_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 454,294; female 454,126.
+
+HUSBAND AND WIFE: Wife controls own earnings. No dower or curtesy.
+Survivor gets one third of property. Wife controls own property. Wife
+and husband joint guardians of children with equal powers. Husband must
+support family.
+
+DIVORCE: Absolute divorce for adultery, fraudulent contract, wilful
+desertion for three years with total neglect of duty, seven years'
+absence when absent party is not heard from during that period, habitual
+intemperance, intolerable cruelty, sentence to imprisonment for life,
+any infamous crime involving a violation of conjugal duty and punishable
+by imprisonment.
+
+There is no limited divorce.
+
+LABOUR LAWS: No child under 12 may give exhibition endangering limbs or
+morals. Employers of females may not send them to any place of bad
+repute. Eight hours is a day's work. Women employees must have seats to
+rest. No woman shall be forced to labour more than ten hours a day.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Women have school suffrage and may be elected school trustees. There are
+45 women in the ministry, 6 dentists, 122 doctors, 1 professor, 28
+saloon keepers, 4 bankers, 13 commercial travellers, 14 carpenters, etc.
+
+
+_Delaware_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 94,158; female 90,577.
+
+HUSBAND AND WIFE: Wife controls own earnings. If there is a child or
+lawful issue of a child living, widow has a life interest in one third
+of the real estate and one third absolutely of the personal property. If
+there is no child nor the descendant of a child living, widow has a life
+interest in one half of the real estate and one half absolutely of the
+personal estate. If there are neither descendants nor kin of husband,
+she gets the entire real estate for her life, and all the personal
+estate absolutely. Father is legal guardian of children and he alone may
+appoint a guardian at his death. Husband must support family.
+
+DIVORCE: Absolute divorce for adultery, desertion for three years,
+habitual drunkenness, impotence, extreme cruelty, conviction for felony,
+procurement of marriage by fraud for want of age, wilful neglect to
+provide for three years.
+
+Limited divorce may be decreed, in the discretion of the court, for the
+last two causes mentioned.
+
+LABOUR LAWS: All female employees must be provided with seats. Sunday
+labour forbidden. No minor under 15 may be let out for any gymnastic or
+other exhibition endangering body or morals. Separate lunch, wash-rooms,
+etc., for all women employees; the rooms must be kept reasonably heated.
+Using indecent or profane language towards a female employee is a
+misdemeanour. The governor must appoint a _female_ factory inspector who
+shall see that these laws are enforced. Children under 14 may not work
+in mills and factories; and no child under 16 shall be forced to labour
+more than nine hours daily.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+in Milford, Townsend, Wyoming, and Newark who pay a property tax may
+vote for Town Commissioners. All such women in the State may vote for
+school trustees. There are 4 women in the ministry, 3 dentists, 1
+journalist, 1 lawyer, 7 doctors, 8 saloon keepers, 1 commercial
+traveller, 2 carpenters, etc.
+
+
+_District of Columbia_
+
+AGE OF LEGAL CONSENT; 16.
+
+POPULATION: Male 132,004; female 146,714.
+
+HUSBAND AND WIFE: Wife controls own earnings and property, may be sued
+and sue, carry on business, etc., as if unmarried. Husband and wife are
+equal guardians of children. Husband must furnish reasonable support if
+he have property. Both dower and curtesy obtain.
+
+DIVORCE: Absolute divorce for bigamy, insanity at time of marriage,
+impotence, adultery habitual drunkenness for three years, cruel
+treatment endangering life or health.
+
+Limited divorce for drunkenness, cruelty, and desertion.
+
+In case of absolute divorce, only the innocent party may remarry; but
+the divorced parties may marry each other again.
+
+LABOUR LAWS: No child under 14 may be let out for any public exhibition
+endangering body or morals. Seats must be provided for women employees.
+Employment agencies must not send applicants to places of bad repute.
+Children under 14 may not be employed in any factory, hotel, etc.; but
+judge of juvenile court may give dispensation to child between 12 and
+14. No girl under 16 may be bootblack or sell papers or any other wares
+publicly.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public and members of Board of
+Education. 17 women in the ministry, 7 dentists, 38 journalists, 23
+lawyers, 56 doctors, 18 saloon keepers, 1 banker, 7 commercial
+travellers, 2 carpenters, etc.
+
+
+_Florida_
+
+AGE OF LEGAL CONSENT: 16 (but 10 practically, as penalty above 10 is
+insignificant).
+
+POPULATION: Male 275,246; female 253,296.
+
+HUSBAND AND WIFE: Wife controls own earnings and owns separate estate;
+but cannot transfer her real or personal property without husband's
+consent. Dower prevails, but not curtesy. Wife may make a will as if
+unmarried. Husband is legal guardian of children. Husband must support
+family.
+
+DIVORCE: Absolute divorce for impotence, where the parties are within
+the degrees prohibited by the law, adultery, bigamy, extreme cruelty,
+habitual indulgence in violent and ungovernable temper, habitual
+intemperance, desertion for one year, if husband or wife has obtained a
+divorce elsewhere and if the applicant has been a citizen of Florida for
+two years.
+
+There is no limited divorce. But the wife may claim alimony, without
+applying for a divorce, for any of these causes except bigamy.
+
+LABOUR LAWS: Ten hours legal day's work. Employers of women must provide
+seats. No child under 14 may be let out for any public exhibition
+endangering body or morals. Sunday labour forbidden. No child under 12
+may be employed in any factory, or any place where intoxicating liquor
+is sold; and no child under 12 may labour more than nine hours a day.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public. 19 women in the ministry, 1
+dentist, 9 journalists, 4 lawyers, 21 doctors, 1 banker, 3 commercial
+travellers, 6 carpenters, etc.
+
+
+_Georgia_
+
+AGE OF LEGAL CONSENT: 10.
+
+POPULATION: Male 1,103,201; female 1,113,130.
+
+HUSBAND AND WIFE: Wife controls own earnings and own property. Dower
+prevails, but not curtesy. Husband is legal guardian of children and at
+his death may appoint a guardian to the exclusion of his wife. Husband
+must support family.
+
+DIVORCE: Absolute divorce for intermarriage within the prohibited
+degrees of consanguinity and affinity, mental incapacity at time of
+marriage, impotence at time of marriage, force, menace, duress, or fraud
+in obtaining marriage, pregnancy of wife at time of marriage unknown to
+husband, adultery, wilful desertion for three years, conviction for an
+offence involving imprisonment for two years or longer.
+
+Absolute or limited divorce for cruelty or habitual intoxication.
+Limited divorce for any ground held sufficient in English courts prior
+to May 4, 1784.
+
+LABOUR LAWS: No boss or other superior in any factory shall inflict
+corporal punishment on minor labourers. Seats must be provided for
+female employees. Sunday labour forbidden. No minors may be employed in
+barrooms. To let out children for gymnastic exhibition or any indecent
+exhibition is a misdemeanour. Children under 12 may not work in
+factories. No child under 14 may work between 7 P.M. and 6 A.M.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 33 women in the ministry, 2 dentists, 37 journalists, 6
+lawyers, 43 doctors, 4 professors, 2 saloon keepers, 4 bankers, 9
+commercial travellers, 10 carpenters, etc.
+
+
+_Idaho_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 93,367; female 68,405.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Wife can secure
+control of own property only by going into court and showing that her
+husband is mismanaging it. Husband is legal guardian of the children.
+
+DIVORCE: Absolute divorce for adultery, extreme cruelty, wilful
+desertion for one year, wilful neglect for one year, habitual
+intemperance for one year, conviction of felony, permanent insanity.
+
+There is no limited divorce.
+
+LABOUR LAWS: No Sunday labour. Children under 14 may not work in mine,
+factory, hotel, or be messenger; no child under 16 shall work more than
+nine hours per day; nor be let out for any exhibition or vocation which
+endangers health or morals; nor ever be sent to any immoral resort or
+serve or handle intoxicating liquors.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full
+suffrage. Women are eligible to all offices. 7 women are in the
+ministry, 4 journalists, 2 lawyers, 15 doctors, 1 saloon keeper, 1
+commercial traveller, 1 carpenter, etc.
+
+
+_Illinois_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 2,472,782; female 2,348,768.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower prevails. Wife has
+full disposal of property, can sue, etc., as if unmarried. Wife and
+husband are equal guardians of children. Wife is entitled to support
+suited to her condition in life; husband is entitled to same support out
+of her individual property. They are jointly liable for family expenses.
+
+DIVORCE: Absolute divorce for impotence, bigamy, adultery, wilful
+desertion for two years, habitual drunkenness for two years, attempt to
+murder, extreme and repeated cruelty, conviction for felony or other
+infamous crime.
+
+No limited divorce; but married women living separate through no fault
+of their own have an action in equity for reasonable maintenance, if
+they so desire.
+
+LABOUR LAWS: No Sunday labour. No minor shall be allowed to sell
+indecent literature, etc., nor be let out as acrobat or mendicant or for
+any immoral occupation. Eight hours a legal day's work. No person shall
+be debarred from any occupation or profession on account of sex; but
+females shall not be required to work on streets or roads or serve on
+juries. No child under 14 to be employed in any place where intoxicating
+liquors are sold or in factory or bowling alley; and shall not labour
+more than eight hours. No child under 16 shall engage in occupations
+dangerous to life or morals; and no female under 16 shall engage in any
+employment which requires her to stand constantly. Seats must be
+provided for all female employees. No woman shall work more than ten
+hours a day in stores and factories.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage and are eligible to all school offices and can be
+notaries public. There are 292 women in the ministry, 117 dentists, 240
+journalists, 113 lawyers, 820 doctors, 31 professors, 196 saloon
+keepers, 8 bankers, 101 commercial travellers, 24 carpenters, etc.
+
+
+_Indiana_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Males 1,285,404; females 1,231,058.
+
+HUSBAND AND WIFE: Wife controls own earnings. No dower or curtesy. Wife
+may sue in her own name for injuries, etc. Neither husband nor wife can
+alienate their separate real estate without each other's consent. A wife
+can act as executor or administrator of an estate only with her
+husband's consent. No married woman can become a surety for any person.
+Husband is guardian of children.
+
+DIVORCE: Absolute for adultery, impotency, desertion for two years,
+cruel and inhuman treatment, habitual drunkenness, neglect of husband to
+provide for two years, conviction of an infamous crime.
+
+Limited divorce for adultery, desertion or neglect for six months,
+habitual cruelty or constant strife, gross and wanton neglect of
+conjugal duty for six months.
+
+LABOUR LAWS: No child under 12 may work in a mine. Children under 15 may
+not be let out for acrobatic or any immoral exhibition or to work in any
+place where liquor is sold. Seats must be provided for female employees.
+Eight hours a legal day's work. No female under 18 may work more than
+ten hours a day in any factory, laundry, renovating works, bakery, or
+printing office; no woman shall be employed in any factory between 10
+P.M. and 6 A.M. Suitable dressing rooms must be provided and not less
+than sixty minutes given for the noonday meal. Sweatshops under strict
+supervision of a State inspector. No woman may work in a mine. No Sunday
+labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public. 130 women in the ministry, 34
+dentists, 79 journalists, 40 lawyers, 195 doctors, 6 professors, 27
+saloon keepers, 2 bankers, 44 commercial travellers, 7 carpenters, etc.
+
+
+_Indian Territory_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 208,952; female 183,108.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Dower is in force
+and curtesy. Woman controls separate estate absolutely in practice; for
+though at common law any money or property given her husband for
+investment becomes his, by statute it does not. Husband and wife are
+equal guardians of children.
+
+DIVORCE: Absolute or limited for impotence, wilful desertion for one
+year, bigamy, conviction for felony or other infamous crime, habitual
+drunkenness for one year, cruel treatment endangering life, intolerable
+indignities, adultery, incurable insanity subsequent to marriage.
+
+LABOUR LAWS: No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION; INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 6 women in ministry, 1 dentist, 4 journalists, 13 doctors, 4
+professors, 1 banker, etc.
+
+
+_Iowa_
+
+AGE OF LEGAL CONSENT: 15.
+
+POPULATION: Male 1,156,849; female 1,075,004.
+
+HUSBAND AND WIFE: Wife controls own earnings. Any assignment of wages
+must have written consent of both husband and wife. No dower or curtesy;
+surviving husband or wife is entitled to one third in fee simple of both
+real and personal estate of other at his or her death. Wife controls own
+property, can sue, etc., as if single. Husband and wife are equal
+guardians of children. Support and education of family is chargeable
+equally on husband's and wife's property.
+
+DIVORCE: Absolute for adultery, wilful desertion for two years,
+conviction of felony after marriage, habitual drunkenness, inhuman
+treatment endangering life, pregnancy of wife at time of marriage by
+another man, unless the husband have an illegitimate child living
+unknown to wife.
+
+No limited divorce.
+
+Annulment for prohibited degrees, impotence, bigamy, insanity or idiocy
+at time of marriage.
+
+LABOUR LAWS: No female may be employed in any place where intoxicating
+liquors are sold; Seats must be provided for female employees. Children
+under 16 not to assist in operating dangerous machinery. No Sunday
+labour. No person under 14 may work in a factory, mine, laundry,
+slaughter-house, store where more than eight persons are employed; no
+child under 16 shall be employed in any vocation endangering life or
+morals, nor shall work more than ten hours a day.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have bond suffrage and can vote on increase of taxes. They may serve as
+school trustees and superintendents. 117 women in ministry, 52 dentists,
+74 journalists, 53 lawyers, 260 doctors, 27 professors, 8 saloon
+keepers, 11 bankers, 34 commercial travellers, 7 carpenters, etc.
+
+
+_Kansas_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 768,716; female 701,779.
+
+HUSBAND AND WIFE: Wife controls own earnings. Husband and wife are equal
+guardians of children. Wife controls her separate property, can sue,
+etc., as if unmarried. Neither husband nor wife can convey or encumber
+real estate without consent of other; nor dispose by will of more than
+one half of the separate property without other's consent. If there are
+no children, the surviving husband or wife takes all the property, real
+and personal; if there are children, one half. Husband must support
+family.
+
+DIVORCE: Absolute for bigamy, desertion for one year, adultery,
+impotency, when wife at time of marriage was pregnant by another than
+her husband, extreme cruelty, fraudulent contract, habitual
+drunkenness, gross neglect of duty, conviction and imprisonment for
+felony subsequent to marriage.
+
+No limited divorce; but wife may obtain alimony without divorce for any
+causes above mentioned.
+
+LABOUR LAWS: People employing children under 14 in acrobatic or
+mendicant occupations are guilty of a misdemeanour. No Sunday labour.
+Seats must be provided for female employees. No child under 14 may work
+in coal mine, nor in any factory or packing house. No child under 16 may
+work at any occupation endangering body or morals.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have municipal, school, and bond suffrage. 63 women in ministry, 21
+dentists, 39 journalists, 43 lawyers, 190 doctors, 21 professors, 9
+saloon keepers, 7 bankers, 20 commercial travellers, 19 carpenters, etc.
+
+
+_Kentucky_
+
+AGE OF LEGAL CONSENT: 12.
+
+POPULATION: Male 1,090,227; female 1,056,947.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Curtesy and dower
+are equalised. After the death of either husband or wife, the survivor
+is given a life interest in one third of the realty of the deceased and
+an absolute estate in one half of the personalty. Wife controls her
+personal property, but cannot dispose of real estate without husband's
+consent; the husband can convey real estate without his wife's
+signature, but it is subject to her dower. Husband is legal guardian of
+children. He must furnish support according to his condition, but if he
+has only his wages there is no law to punish him for non-support.
+
+DIVORCE: Absolute to both husband and wife for impotence or inability to
+copulate and for living apart for five consecutive years without any
+cohabitation. Also to the party not in fault for desertion for one year,
+adultery, condemnation for felony, concealment of any loathsome disease
+at time of marriage or contracting it afterwards, force, duress, or
+fraud in obtaining marriage, uniting with any creed or religious society
+requiring a renunciation of the marriage covenant or forbidding husband
+and wife to cohabit. To the wife, when not in like fault, for confirmed
+drunkenness of husband leading to neglect to provide, habitual behaviour
+by husband for six months indicating aversion to wife and causing her
+unhappiness, physical injury or attempt at it. To the husband for wife's
+pregnancy at time of marriage unknown to him, adultery of wife, or such
+conduct as proves her to be unchaste without proof of adultery, and
+habitual drunkenness of wife.
+
+Limited divorce for any of these causes or any other cause as the court
+may deem sufficient.
+
+LABOUR LAWS: Forbidden to let or employ any children under 16 in any
+acrobatic or mendicant or immoral occupations. No Sunday labour. No
+child under 14 shall work in factory, mill, or mine unless said child
+shall have no other means of support. No child under 16 shall work more
+than ten hours per day. Seats and suitable dressing-rooms must be
+provided for female employees.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: In
+the country districts any widow having a child of school age and any
+widow or spinster having a ward of school age may vote for school
+trustees and school taxes. In Louisville, five third-class, and twenty
+or more fourth-class cities no woman has any vote. Women may be notaries
+public. 39 women in ministry, 4 dentists, 21 journalists, 16 lawyers, 98
+doctors, 5 professors, 35 saloon keepers, 3 bankers, 20 commercial
+travellers, 9 carpenters, etc.
+
+
+_Louisiana_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 694,733; female 686,892.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Wife cannot appear
+in court without her husband's consent, and needs this consent in all
+matters connected with her separate estate. She may make her will
+without the authority of her husband. No woman can be a witness to a
+testament. No married woman can be executor without husband's consent.
+The dowry is given to the husband, for him to enjoy as long as the
+marriage shall last. Husband is legal guardian of children.
+
+DIVORCE: Absolute or limited for adultery, condemnation to an infamous
+punishment, habitual and intolerable intemperance, insupportable excess
+or outrages, public defamation on the part of one of the married persons
+toward the other, desertion, attempted murder, proof of guilt of husband
+or wife who has fled from justice when charged with an infamous offence.
+
+LABOUR LAWS: No female to be employed in any place where liquor is sold.
+No Sunday labour. No child under 15 to engage in any acrobatic or
+theatrical public exhibition. Seats must be provided for female
+employees, who are also to have at least thirty minutes for lunch. No
+girl under 14 may be employed in any mill or factory; and no woman shall
+be worked more than ten hours a day. Seats, suitable dressing-rooms, and
+stairs must be provided. An inspector, male or female, is appointed.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Tax-paying women can vote on all questions of taxation. 14 women in
+ministry, 4 dentists, 21 journalists, 8 lawyers, 25 doctors, 16
+professors, 31 saloon keepers, 2 bankers, 18 commercial travellers, 9
+carpenters, etc.
+
+
+_Maine_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 350,995; female 343,471.
+
+HUSBAND AND WIFE: Wife controls own earnings and has full control of
+separate property. Wife and husband are equal guardians of children. If
+there is no will, the interest of the husband or wife in the real estate
+of the other is the same--one third absolutely, if there is issue
+living, one half if there is no issue, the whole if there is neither
+issue nor kindred.
+
+DIVORCE: Absolute for adultery, impotence, extreme cruelty, desertion
+for three years, gross and confirmed habits of Intoxication whether from
+liquors or drugs, cruel and abusive treatment, wilful neglect to
+provide.
+
+No limited divorce.
+
+LABOUR LAWS: Ten hours a day the legal limit for female employees. No
+child under 14 may work in a factory. No Sunday labour. No child under
+16 may be employed in any acrobatic, mendicant, immoral, or dangerous
+occupation.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women can be justices of the peace, town clerks, and registers
+of probate. They cannot be notaries public. 39 women in ministry, 4
+dentists, 33 journalists, 4 lawyers, 67 doctors, 1 professor, 3 bankers,
+5 carpenters, etc.
+
+
+_Maryland_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 589,275; female 598,769.
+
+HUSBAND AND WIFE: Wife controls own earnings. No assignment of wages to
+be made without consent of both husband and wife. Wife controls separate
+property absolutely. Inheritance of property is the same for widow and
+widower. Husband is legal guardian of children and must support family.
+
+DIVORCE: Absolute for impotence, any cause which by the laws of the
+State renders a marriage null and void _ab initio_, adultery, desertion
+for three years, illicit sexual intercourse _of the woman before_
+marriage unknown to husband (_but the wife cannot obtain a divorce from
+her husband if he has been guilty of such an offence_). Limited divorce
+for cruelty, excessively vicious conduct, or desertion. In all cases
+where an absolute divorce is granted for adultery or abandonment, the
+court may decree that the guilty party shall not contract marriage with
+any other person during the lifetime of the other party. Annulment is
+given for bigamy or marriage within the prohibited degrees of
+consanguinity and affinity.
+
+LABOUR LAWS: Seats must be provided for female employees. No Sunday
+labour. No child under 14 may be employed in any mendicant or acrobatic
+occupation. No child under 8 may be employed in peddling. Women may not
+be waitresses in any place where liquor is sold. Children under 12 may
+not be employed in any business except in the counties, from June 1 to
+Oct. 15, Ten hours a legal day's work.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women serve as notaries public. 35 women in ministry, 6
+dentists, 23 journalists, 6 lawyers, 87 doctors, 4 professors, 2
+bankers, 13 commercial travellers, 10 carpenters, etc.
+
+
+_Massachusetts_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 1,367,474; female 1,437,872.
+
+HUSBAND AND WIFE: Wife controls own earnings and has control of her
+separate property subject only to the husband's interests. She can be
+executor, make contracts, etc., as if unmarried. The husband is legal
+guardian of minor children; he may dispose of them and may appoint a
+guardian at his death. Husband must support family. In distributing the
+estate, no distinction is made between real and personal property. The
+surviving husband or wife takes one third, if deceased leaves children
+or their descendants; 5000 dollars and one half of the remaining estate
+if the deceased leaves no issue; and the whole, if deceased leaves no
+kin. This is taken absolutely and not for life. Curtesy and dower exist;
+but the old-time curtesy is cut down to a life-interest in one third,
+the same as dower; and in order to be entitled to dower or curtesy, the
+surviving husband or wife must elect to take it in preference to the
+above provisions.
+
+DIVORCE: Absolute for adultery, impotency, utter desertion for three
+years, gross and confirmed habits of intoxication, cruel and abusive
+treatment, wilful neglect to provide, sentence to imprisonment for five
+years.
+
+No limited divorce.
+
+LABOUR LAWS: No Sunday labour. Ten hours a legal day's work. No woman to
+labour between 10 P.M. and 6 A.M. in any manufacturing establishment,
+nor between 6 P.M. and 6 A.M. in any textile works. No child under 14
+and no illiterate under 16 and over 14 may be employed in any factory or
+mercantile establishment. No child under 14 may be employed between 7
+P.M. and 6 A.M., or during the time when the public schools are in
+session. Seats must be provided for females. No woman or young person
+shall be required to work more than six hours without thirty minutes for
+lunch. No child under 15 may engage in any gymnastic or theatrical
+exhibition.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage. They may be justices of the peace. 188 women in
+ministry, 38 dentists, 180 journalists, 47 lawyers, 729 doctors, 38
+professors, 8 saloon keepers, 3 bankers, 73 commercial travellers, 31
+carpenters, etc.
+
+
+_Michigan_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 1,248,905; female 1,172,077.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. Dower prevails, but
+not curtesy. When the wife has separate real estate, she controls it as
+if single. The husband cannot give full title to his real estate unless
+the wife joins so as to cut off her dower. Father is guardian of the
+children. Husband must support.
+
+DIVORCE: Absolute for adultery, impotence, imprisonment for three years,
+desertion for two years, habitual drunkenness, if husband or wife has
+obtained a divorce in another State.
+
+Limited or absolute divorce at the discretion of the court for extreme
+cruelty, desertion for two years, neglect to provide.
+
+LABOUR LAWS: No female may be employed in any place where liquor is
+sold. Seats must be provided for female employees. Ten hours a legal
+day's work. No Sunday labour. No child under 16 may take part in any
+acrobatic or mendicant or dangerous or immoral occupation, nor shall any
+minor be given obscene literature to sell. No female under 21 may be
+employed in any occupation endangering life, health, or morals. At least
+forty-five minutes must be allowed for lunch.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: All
+women who pay taxes may vote upon questions of local taxation and the
+granting of franchises. Parents and guardians have also school suffrage.
+Women serve as notaries public. 105 women in ministry, 17 dentists, 81
+journalists, 27 lawyers, 270 doctors, 26 professors, 23 saloon keepers,
+13 bankers, 53 commercial travellers, 32 carpenters, etc.
+
+
+_Minnesota_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 932,490; female 818,904.
+
+HUSBAND AND WIFE: Wife controls own earnings, but cannot convey or
+encumber her separate real estate without husband's consent. No dower or
+curtesy. If either husband or wife die intestate, the survivor, if there
+is issue living, is entitled to the homestead for life and one third of
+the rest of the estate in fee simple. If there are no descendants, the
+entire estate goes absolutely to the survivor. Husband is guardian of
+children and must support family.
+
+DIVORCE: Absolute for adultery, impotency, cruel and inhuman treatment,
+sentence to imprisonment after marriage, wilful desertion for one year,
+habitual drunkenness for one year.
+
+Limited divorce--to wife only--for cruel and inhuman treatment, on part
+of husband, or such conduct as may make it unsafe and improper for her
+to cohabit with him, desertion and neglect to provide.
+
+LABOUR LAWS: Children between 8 and 18 must be sent to school during
+whole period schools are in session, except in cases of unusual poverty.
+Ten hours a legal day's work. Seats must be provided for female
+employees. No Sunday labour. No child under 18 may engage in any
+occupation between 6 P.M. and 7 A.M.; nor in any mendicant, acrobatic,
+immoral, or dangerous business. No child under 14 may work in factory or
+mine. A _female_ factory inspector must be appointed.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage and may vote for library trustees. 80 women in
+ministry, 18 dentists, 75 journalists, 21 lawyers, 199 doctors, 16
+professors, 17 saloon keepers, 10 bankers, 46 commercial travellers, 8
+carpenters, etc.
+
+
+_Mississippi_
+
+AGE OF LEGAL CONSENT: 10.
+
+POPULATION: Male 781,451; female 769,819.
+
+HUSBAND AND WIFE: Husband controls wife's earnings. He manages her
+separate property, but must give an account of it annually. No dower or
+curtesy. If husband or wife dies intestate, the entire estate goes to
+the survivor; if there is issue, surviving husband or wife has a child's
+share of the estate. Each has equal rights in making a will. Father is
+legal guardian of children, but cannot deprive mother of custody of
+their persons. Husband must support.
+
+DIVORCE: Absolute for marriage within prohibited degrees, natural
+impotence, adultery, sentence to the penitentiary, wilful desertion for
+two years, habitual drunkenness or excessive use of drugs, habitually
+cruel treatment, pregnancy of wife at time of marriage unknown to
+husband, bigamy, insanity, or idiocy when party applying did not know of
+it.
+
+No limited divorce. The court may decree that the guilty party must not
+marry again.
+
+LABOUR LAWS: No Sunday labour. There are no other laws.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: A
+woman as a free-holder or lease-holder may vote at a county election to
+decide as to the adoption or non-adoption of a law permitting stock to
+run at large. If a widow and the head of a family, she may vote on
+leasing certain portions of land in the township which are set apart for
+school purposes. Widows in country districts may also vote for school
+trustees. Women cannot be notaries public. 13 women in ministry, 2
+dentists, 19 journalists, 4 lawyers, 16 doctors, 3 professors, 1 saloon
+keeper, 3 bankers, 9 commercial travellers, 13 carpenters, etc.
+
+
+_Missouri_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 1,595,710; female 1,510,955.
+
+HUSBAND AND WIFE: Wife controls own earnings. Her separate property is
+liable for debts contracted by the husband for necessaries for the
+family. Wife can sue and be sued, make contracts, etc., in her own name.
+She may hold real property under three different tenures: an equitable
+separate estate created by certain technical words in the conveyance,
+and this she can dispose of without husband's consent; a legal separate
+estate, which she cannot convey without his joinder; and a common law
+estate in fee, of which the husband is entitled to the rents and
+profits. Dower and curtesy prevail. Husband is guardian of children and
+must support.
+
+DIVORCE: Absolute for impotence, bigamy, adultery, desertion for one
+year, conviction for felony or infamous crime, habitual drunkenness for
+one year, cruel treatment endangering life or intolerable indignities,
+vagrancy of husband, pregnancy of wife at time of marriage unknown to
+husband.
+
+No limited divorce.
+
+LABOUR LAWS: Seats must be provided for female employees. No woman may
+be employed in any place where liquor is served except wife, daughter,
+mother, or sister of owner. No child under 14 to engage in any
+acrobatic, mendicant, dangerous, or immoral occupation. No Sunday
+labour. No female may work underground in a mine. Children between 8 and
+14 must go to school. No child under 14 may work in any theatre, concert
+hall, factory; but this applies only to cities with 10,000 or more
+inhabitants, No female may labour more than 54 hours a week.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public. 138 women in ministry, 32
+dentists, 87 journalists, 61 lawyers, 303 doctors, 17 professors, 44
+saloon keepers, 30 bankers, 37 commercial travellers, 15 carpenters,
+etc.
+
+
+_Montana_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 149,842; female 93,487.
+
+HUSBAND AND WIFE: Wife controls own earnings. There is dower, but not
+curtesy. Wife controls separate property. Husband is guardian of
+children and must furnish support; but wife must help, if necessary. Her
+personal property is subject to debts incurred for family expenses.
+
+DIVORCE: Absolute for adultery, extreme cruelty, wilful desertion,
+wilful neglect, habitual intemperance, conviction of felony.
+
+No limited divorce; but wife may have an action for permanent
+maintenance, at discretion of court, even though absolute divorce is
+denied.
+
+LABOUR LAWS: Children under 16 may not be employed in mines. Children
+between 8 and 14 must go to school. No child under 16 may take part in
+any acrobatic, mendicant, or wandering occupation. No Sunday labour. No
+child under 16 may work in mill, factory, railroad, in any place where
+machinery is operated, or in any messenger company.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+may vote for school trustees. Those owning property may vote on all
+questions submitted to tax-payers. They cannot be notaries public. 22
+women in ministry, 3 dentists, 6 journalists, 3 lawyers, 16 doctors, 7
+saloon keepers, 2 commercial travellers, 2 carpenters, etc.
+
+
+_Nebraska_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 564,592; female 501,708.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property. Both
+dower and curtesy prevail; but wife can mortgage or sell her real estate
+without husband's consent and without regard for his right of curtesy.
+He can do the same with his separate property, but subject to her dower.
+Husband and wife are equal guardians of the children. Husband must
+provide; but wife's separate property can be levied on for necessaries
+furnished the family, if husband has no property. Wife is not "next of
+kin" and cannot sue, for example, for damages to a minor child, even
+though she is divorced and has custody of children.
+
+DIVORCE: Absolute for adultery, impotence, imprisonment for three
+years, desertion for two years, habitual drunkenness, imprisonment for
+life, extreme cruelty, neglect to provide.
+
+Limited divorce also for last three causes. Annulment for bigamy, when
+one party is white and other has one fourth or more negro blood,
+insanity or idiocy at time of marriage, consanguinity, obtaining
+marriage by fraud or force, when there has been no subsequent
+cohabitation.
+
+LABOUR LAWS: Children must go to school between 7 and 15. Ten hours a
+legal day's labour. Sunday labour forbidden. Females to be employed
+between 6 A.M. and 10 P.M. Seats must be provided. No child under 14 may
+be employed in any place where liquor is sold, factory, hotel, laundry,
+messenger work. No child under 14 may be employed at all during school
+term.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+who are mothers of children of school age or who are assessed on real or
+personal property have school suffrage; but they cannot vote for State
+or county superintendents or county supervisors. Women act as notaries
+public. 95 women in ministry, 16 dentists, 35 journalists, 23 lawyers,
+134 doctors, 11 professors, 10 saloon keepers, 15 commercial travellers,
+12 carpenters, etc.
+
+
+_Nevada_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 25,603; female 16,732.
+
+HUSBAND AND WIFE: Wife controls own earnings. She may control her
+separate property, if a list of it is filed with the county recorder,
+but unless it is kept constantly inventoried and recorded, it becomes
+community property. The community property, both real and personal, is
+under absolute control of husband and at wife's death it all belongs to
+him. On death of the husband, wife is entitled to half of it. A wife's
+earnings are hers if her husband has allowed her to appropriate them to
+her own use, when they are regarded as a gift from him to her. Husband
+is legal guardian of children. Husband must provide; but there is no
+penalty if he does not.
+
+DIVORCE: Absolute for impotence, adultery since marriage remaining
+unforgiven, wilful desertion for one year, conviction for felony or
+infamous crime, habitual drunkenness which incapacitates party from
+contributing his or her share to support of family, extreme cruelty,
+wilful neglect to provide for one year.
+
+No limited divorce.
+
+LABOUR LAWS: There are none dealing with women and children.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women cannot serve as notaries public. 2 women in ministry, 4
+dentists, 1 journalist, 1 lawyer, 6 doctors, 5 saloon keepers.
+
+
+_New Hampshire_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 205,379; female 206,209.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+Wife can sue and be sued and make contracts without husband's consent.
+Husband is legal guardian of children, and must provide.
+
+DIVORCE: Absolute for impotence, adultery, extreme cruelty, imprisonment
+for one year, treatment seriously injuring health or endangering reason,
+absence for three years without being heard from, habitual drunkenness
+for three years, joining any religious sect which believes relation of
+husband and wife unlawful, desertion for three years with neglect to
+provide.
+
+No limited divorce.
+
+LABOUR LAWS: No child under 12 may be employed in any factory, nor any
+child under 14 while schools are in session. Nine hours and forty
+minutes the legal limit for female labour per day. No child under 14
+shall engage in any acrobatic exhibition or in the selling of obscene
+literature. No Sunday labour. Seats must be provided for female
+employees. No female may sell or serve liquor.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS. Women
+have school suffrage. They may be notaries public. 25 women in ministry,
+3 dentists, 12 journalists, 2 lawyers, 61 doctors, 3 professors, 9
+saloon keepers 6 commercial travellers, 5 carpenters, etc.
+
+
+_New Jersey_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 941,760; female 941,909.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+She has full disposal of her personal property by will; but must get
+husband's consent to convey or encumber her separate estate. Husband is
+guardian of children. Husband must furnish support; but wife must
+contribute, if he is unable.
+
+DIVORCE: Absolute for bigamy, marriage within prohibited degrees,
+adultery, wilful desertion for two years, impotence.
+
+Limited divorce for extreme cruelty.
+
+In case of desertion and neglect to provide, wife has an action for
+support.
+
+LABOUR LAWS: Seats must be provided for female employees. Hours for
+labour must be from 7 A.M. to 12 M. and from 1 P.M. to 6 P.M., except in
+fruit canning and glass factories. Sunday labour forbidden. No child
+under 18 may engage in any acrobatic, immoral, or mendicant occupation.
+No child under 15 may engage in any vocation unless he or she shall have
+attended school within twelve months immediately preceding. No child
+under 14 may work in a factory. No female employee shall be sent to any
+place of bad repute.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Women in villages and country districts have school suffrage. They may
+be notaries public. 87 women in ministry, 19 dentists, 45 journalists,
+23 lawyers, 176 doctors, 4 professors, 208 saloon keepers, 4 bankers, 11
+commercial travellers, 12 carpenters, etc.
+
+
+_New Mexico_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 104,228; female 91,082.
+
+HUSBAND AND WIFE: Wife controls own earnings. Curtesy prevails. Neither
+husband nor wife can convey real property without consent of other.
+Husband is legal guardian of children, but is not required by law to
+support the family.
+
+DIVORCE: Absolute for adultery, cruel treatment, desertion, impotency,
+neglect to provide, habitual drunkenness, conviction for felony and
+imprisonment subsequent to marriage, pregnancy of wife at time of
+marriage unknown to husband.
+
+No limited divorce. But when husband and wife have permanently
+separated, wife has an action for support.
+
+LABOUR LAWS: No Sunday labour. There are no other laws relating to women
+and children.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women may be notaries public. 10 women in ministry, 2
+dentists, 5 doctors, 3 professors, 2 saloon keepers, 1 commercial
+traveller, 3 carpenters, etc.
+
+
+_New York_
+
+AGE OF LEGAL CONSENT: 18. (Trials may be held privately, and it is
+almost impossible to secure a conviction.)
+
+POPULATION: Male 3,614,780; female 3,654,114.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+Wife holds separate property free from control of husband. Both husband
+and wife can make wills without knowledge or consent of other. Wife can
+mortgage or convey her whole estate without husband's consent; he can do
+this with his personal property; but not with his real estate. Husband
+and wife are equal guardians of the children. Husband must provide.
+
+DIVORCE: Absolute for adultery only.
+
+Limited for cruelty, conduct rendering cohabitation unsafe or improper,
+desertion, neglect to provide.
+
+Court refuses to allow party guilty of adultery to marry again, but may
+modify this after five years if conduct of defendant has been uniformly
+good. Adultery is now a crime in New York.
+
+LABOUR LAWS: No child under 16 may take part in any acrobatic,
+mendicant, theatrical, wandering, dangerous, or immoral occupation.
+Children must attend school between 8 and 16. No child under 14 may be
+employed in any occupation during school term. Eight hours a day's work.
+Seats must be provided for female employees. No child under 14 may work
+in a factory. Female labour is confined between 6 A.M. and 9 P.M., and
+must not exceed 10 hours. No girl under 16 shall sell papers or
+periodicals in any public place. Female employment agencies may not send
+applicant to any place of bad repute.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Tax-paying women in towns and villages may vote on questions of local
+taxation. Parents and widows with children have school suffrage in towns
+and villages. Women may be notaries public. 511 women in ministry, 108
+dentists, 365 journalists, 124 lawyers, 103 commercial travellers, 925
+doctors, 49 professors, 348 saloon keepers, 81 bankers, 84 carpenters,
+etc.
+
+
+_North Carolina_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 938,677; female 955,133.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+Wife controls separate property. Wife is not bound by a contract unless
+husband joins in writing. In actions against her he must be served with
+the suit. Wife cannot be sole trader without husband's written consent.
+Husband is legal guardian of children, and must provide.
+
+DIVORCE: Absolute for adultery, impotence, pregnancy of wife at time of
+marriage unknown to husband.
+
+Limited for desertion, turning partner maliciously out of doors, cruel
+treatment endangering life, intolerable indignities, habitual
+drunkenness.
+
+Wife has an action for separate maintenance if husband neglects to
+provide or is a drunkard or spendthrift.
+
+LABOUR LAWS: No Sunday labour. No child under 12 may be employed in
+factory, except oyster canning concerns which pay for opening oysters by
+the bushel. No person under 18 shall be required to labour more than 66
+hours per week. No child under 12 shall work in a mine. No boy or girl
+under 14 shall work in a factory between 8 P.M. and 5 A.M.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women cannot be notaries public. 25 women in ministry, 6
+journalists, 22 doctors, 2 professors, 2 saloon keepers, 3 bankers, 4
+commercial travellers, 6 carpenters, etc.
+
+
+_North Dakota_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 177,493; female 141,653.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property
+absolutely. Dower and curtesy do not prevail; if husband or wife dies
+intestate, survivor takes one half of the estate, if there is only one
+child living or the lawful issue of one child; if there are more,
+survivor gets one third. If husband is unable to support family, wife
+must maintain him and the children. Husband is guardian of children.
+
+DIVORCE: Absolute for adultery, extreme cruelty, wilful desertion for
+one year, wilful neglect for one year, habitual intemperance for one
+year, conviction of felony.
+
+No limited divorce.
+
+LABOUR LAWS: Children under 12 may not work in mines, factories, or
+workshops. Children must go to school between 8 and 14, unless they have
+already been taught adequately and poverty compels them to work. No
+Sunday labour. No woman under 18 shall labour more then ten hours per
+day.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage and are eligible to all school offices. They may be
+notaries public. 15 women in ministry, 5 dentists, 2 journalists, 6
+lawyers, 15 doctors, 1 professor, 1 commercial traveller, 4 carpenters,
+etc.
+
+
+_Ohio_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 2,102,655; female 2,054,890.
+
+HUSBAND AND WIFE: Husband controls wife's earnings, but wife controls
+separate property. Either husband or wife on the death of the other is
+entitled to one third of the real estate for life. Husband is legal
+guardian of children, and must provide; but if he is unable, wife must
+assist.
+
+DIVORCE: Absolute for bigamy, desertion for three years, adultery,
+impotence, extreme cruelty, fraudulent contract, any gross neglect of
+duty, habitual drunkenness for three years, imprisonment in
+penitentiary, procurement of divorce in another State. No limited
+divorce; but wife has an action for alimony without divorce for
+adultery, any gross neglect of duty, desertion, separation on account of
+ill treatment by husband, habitual drunkenness, sentence and
+imprisonment in penitentiary.
+
+LABOUR LAWS: No child under 14 may work in a mine. Children must go to
+school between 8 and 14. Seats and suitable toilet rooms must be
+provided for female employees. No child under 14 may be employed in any
+establishment or take part in any acrobatic, mendicant, dangerous, or
+immoral vocation. Hours for girls under 18 confined between 6 A.M. and 7
+P.M., nor may they work more than ten hours per day. No Sunday labour.
+No labour agency shall send any female to an immoral resort.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+may vote for members of boards of education, but not for State
+commissioner nor on bonds and appropriations. They cannot be notaries.
+206 women in ministry, 40 dentists, 151 journalists, 66 lawyers, 451
+doctors, 26 professors, 337 saloon keepers, 15 bankers, 62 commercial
+travellers, 31 carpenters, etc.
+
+
+_Oklahoma_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 214,359; female 182,972.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property
+absolutely. If husband or wife dies intestate, leaving one child or
+lawful issue of child, survivor receives one third of the estate;
+otherwise one half. If there are no kin, survivor takes all. Husband is
+guardian of children, and is expected to provide; but law assigns no
+penalty if he does not.
+
+DIVORCE: Absolute for bigamy, desertion for one year, impotence,
+pregnancy of wife at time of marriage by other than husband, extreme
+cruelty, fraudulent contract, habitual drunkenness, gross neglect of
+duty, conviction and imprisonment for felony after marriage.
+
+Wife may have an action for separate maintenance for any of these causes
+without applying for divorce.
+
+LABOUR LAWS: No children under 15 may be employed in any occupation
+injurious to body or morals. No Sunday labour. Ten hours per day legal
+labour for children under 14.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS:
+Women may vote for school trustees. They may be notaries public. 29
+women in ministry, 1 dentist, 5 journalists, 5 lawyers, 26 doctors, 1
+professor, 4 commercial travellers, 3 carpenters, etc.
+
+
+_Oregon_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 232,985; female 183,972.
+
+HUSBAND AND WIFE: Wife controls own earnings. By registering as a sole
+trader, she can carry on business in her own name. Civil disabilities
+are same for husband and wife except as to voting and holding office. If
+husband or wife dies intestate, and there are no descendants living,
+survivor takes whole estate. If there is issue living, the widow
+receives one half of husband's real estate and one half of his personal
+property. The widower takes a life interest in all the wife's real
+estate, whether there are children or not and all her personal property
+absolutely if there are no descendants living; otherwise one half.
+Husband and wife are equal guardians of children. Husband must provide.
+
+DIVORCE: Absolute for impotency, adultery, conviction for felony,
+habitual drunkenness for one year, wilful desertion for one year, cruel
+treatment or indignities making life burdensome.
+
+No limited divorce. Annulment if either party is one fourth negro or
+Mongolian blood.
+
+LABOUR LAWS: No Sunday labour. No child under 14 shall work in factory,
+mill, mine, telegraph, telephone, or public messenger service; and no
+child under 14 shall be employed at all during school session.
+Attendance at school compulsory between 8 and 14. Hours of work for
+children under 16 to be confined between 7 A.M. and 6 P.M. Seats must be
+provided for female employees. Ten hours a day the legal limit for
+female labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+having property in school districts have school suffrage and may be
+elected school trustees. They may be notaries. 40 women in ministry, 15
+dentists, 17 journalists, 8 lawyers, 82 doctors, 7 professors, 5 saloon
+keepers, 10 bankers, 18 commercial travellers, 7 carpenters, etc.
+
+
+_Pennsylvania_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 3,204,541; female 3,097,574.
+
+HUSBAND AND WIFE: Wife controls own earnings. Dower and curtesy prevail.
+Wife cannot mortgage separate estate without husband's consent; cannot
+sue or be sued or contract without his consent; and in order to carry on
+business in her own name must secure special permission from the court.
+Husband is legal guardian of children, and must provide.
+
+DIVORCE: Absolute for impotence, bigamy, adultery, desertion for two
+years, cruelty or intolerable indignities, marriage within prohibited
+degrees of consanguinity or affinity, fraud, conviction for felony for
+more than two years, lunacy for ten years.
+
+Limited divorce for desertion, turning wife out of doors, cruelty,
+adultery.
+
+LABOUR LAWS: Seats must be provided for female employees. Employment of
+females in mines forbidden. Children under 18 may not engage in any
+mendicant occupations; those under 15 may not exhibit in any place where
+liquor is sold nor take part in any acrobatic or immoral vocation.
+Sunday labour forbidden. No female may work in bakery or macaroni or
+other establishment more than twelve hours per day. Children must go to
+school between 8 and 16. No child under 16 may work in any anthracite
+coal mine. No child under 14 shall be employed in any establishment. One
+hour must be allowed for lunch. No employment bureau shall send any
+female to an immoral resort.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 290 women in ministry, 73 dentists, 125 journalists, 73
+lawyers, 601 doctors, 38 professors, 183 saloon keepers, 17 bankers, 44
+commercial travellers, 40 carpenters, etc.
+
+
+_Rhode Island_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 210,516; female 218,040.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate estate,
+subject to husband's right to curtesy. Curtesy and dower both prevail.
+Husband is legal guardian of children and must provide.
+
+DIVORCE: Absolute or limited for marriages originally void by law,
+conviction for crime involving loss of civil status, when either party
+may be presumed to be naturally dead from absence, etc., impotence,
+adultery, desertion for any time at discretion of court, continued
+drunkenness, neglect to provide, any gross misbehaviour.
+
+LABOUR LAWS: No child under 13 may be employed except during vacation.
+No child under 15 may be employed unless he or she has school
+certificate. No child under 14 to work in factory. Hours of labour for
+children under 16 confined between 6 A.M. and 8 P.M. Seats must be
+provided for all female employees. No child under 16 shall be employed
+in any acrobatic, mendicant, dangerous, or immoral occupation. Hours for
+female labour confined to ten. Sunday labour forbidden.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 24 women in ministry, 5 dentists, 7 journalists, 3 lawyers, 56
+doctors, 2 saloon keepers, 5 commercial travellers, 6 carpenters, etc.
+
+
+_South Carolina_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 664,895; female 675,421.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate estate
+absolutely. Dower prevails, but not curtesy. Husband is legal guardian
+of children, and is required to provide, but law as it stands offers
+many loopholes.
+
+DIVORCE: There are no divorce laws in South Carolina.
+
+LABOUR LAWS: Seats must be provided for female employees. Sunday labour
+forbidden. No child under 12 to work in factory, mill, or textile
+establishment, except in cases of extreme poverty duly attested; all
+such labour to be confined between 6 A.M. and 8 P.M.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women cannot be notaries. 17 women in ministry, 1 dentist, 6
+journalists, 3 lawyers, 17 doctors, 13 professors, 3 saloon keepers, 2
+commercial travellers, 13 carpenters, etc.
+
+
+_South Dakota_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Male 216,164; female 185,406.
+
+HUSBAND AND WIFE: Wife controls own earnings and controls separate
+estate. Joint real estate can be conveyed only by signature of both
+husband and wife, but husband can dispose of joint personal property
+without wife's consent. In order to control her separate property, wife
+must keep it recorded in the office of the county register. No dower
+and no curtesy. Survivor gets one half of estate, if there is one child
+or issue of child; otherwise one third; unless there are neither
+children nor kin, when survivor takes all. On the death of an unmarried
+child, father inherits all its property. If he is dead and there are no
+other children, mother succeeds; but if there are brothers and sisters,
+she inherits a child's share. Husband is guardian and must support; but
+if he is infirm, wife must do so.
+
+DIVORCE: Absolute for adultery, extreme cruelty, wilful desertion or
+neglect or habitual intemperance for one year, conviction of felony.
+
+No limited divorce.
+
+Party guilty of adultery cannot marry any other, except the innocent
+party, until death of latter.
+
+LABOUR LAWS: Sunday labour forbidden. No woman under 18 may labour more
+than ten hours a day. No child under 15 may work in mine, hotel,
+laundry, factory, elevator, bowling alley, or any place where liquor is
+sold. No child under 15 shall be employed at all while schools are in
+session.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+can vote for school trustees. They may be notaries. 29 women in
+ministry, 3 dentists, 4 journalists, 12 lawyers, 24 doctors, 7
+professors, 3 saloon keepers, 3 commercial travellers, etc.
+
+
+_Tennessee_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 1,021,224; female 999,392.
+
+HUSBAND AND WIFE: Husband controls wife's earnings, and wife can do
+nothing with her separate estate without his consent. Dower and curtesy
+prevail. Husband has right to all rents and profits of wife's estate. No
+law requires husband to provide. Husband is guardian of children.
+
+DIVORCE: Absolute for impotence, bigamy, adultery, desertion for two
+years, conviction for felony, attempted murder, pregnancy of woman at
+time of marriage without knowledge of husband, habitual drunkenness.
+
+Limited for wife only for cruel treatment by husband or intolerable
+indignities, and desertion or refusal to provide.
+
+Party guilty of adultery cannot marry person with whom adultery has been
+committed during life of former partner.
+
+LABOUR LAWS: No Sunday labour. No child under 14 may be employed in
+factory, workshop, or mine. Seats must be provided for female employees.
+Hours for labour of women confined to 60 per week.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. 30 women in ministry, 1 dentist, 19 journalists, 14 lawyers,
+48 doctors, 9 professors, 6 saloon keepers, 4 bankers, 16 commercial
+travellers, 6 carpenters, etc.
+
+
+_Texas_
+
+AGE OF LEGAL CONSENT: 15.
+
+POPULATION: Male 1,578,900; female 1,469,810.
+
+HUSBAND AND WIFE: Husband controls wife's earnings and wife can do
+nothing with her separate property without his consent. No dower or
+curtesy. Husband and wife succeed equally to each other's estate.
+Husband is guardian of children and may be required to provide out of
+his wife's estate.
+
+DIVORCE: Absolute for excesses or outrages; in favour of husband when
+wife is taken in adultery or has deserted him for three years; in favour
+of wife, if husband has deserted her for three years or has abandoned
+her and lives in adultery with another woman. In favour of either
+husband or wife on conviction for felony.
+
+No limited divorce.
+
+LABOUR LAWS: No Sunday labour. No child under 12 may be employed in any
+establishment using machinery. No females shall be employed in any place
+where liquor is sold except immediate members of owner's family.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women can be notaries. 50 women in ministry, 12 dentists, 51
+journalists, 17 lawyers, 100 doctors, 3 professors, 26 saloon keepers,
+18 bankers, 29 commercial travellers, 12 carpenters, etc.
+
+
+_Utah_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 141,687; female 135,062.
+
+HUSBAND AND WIFE: Wife controls own earnings. No dower or curtesy.
+Husband and wife succeed equally to each other's estate at death. Woman
+controls separate estate absolutely. Husband is legal guardian of
+children. There is no penalty for non-support.
+
+DIVORCE: Absolute for impotence, adultery, desertion for one year,
+neglect to provide, habitual drunkenness, conviction of felony, cruel
+treatment causing bodily injury or mental distress, permanent insanity.
+
+No limited divorce; but wife has an action for separate maintenance in
+case of desertion or neglect to provide on part of husband.
+
+LABOUR LAWS: No females may work in mines. No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full
+suffrage; therefore all offices are open to women. 20 women in ministry,
+5 dentists, 7 journalists, 1 lawyer, 34 doctors, 2 saloon keepers, 1
+banker, 3 commercial travellers, 1 carpenter, etc.
+
+
+_Vermont_
+
+AGE OF LEGAL CONSENT: 16.
+
+POPULATION: Males 175,138; females 168,503.
+
+HUSBAND AND WIFE: Wife controls own earnings and controls separate
+property. No dower or curtesy. Husband and wife have same powers of
+mutual inheritance, except that widower does not take his wife's
+personal property. Husband is guardian of children and must support.
+
+DIVORCE: Absolute or limited for adultery, sentence to hard labour,
+intolerable severity, desertion for three years, neglect to provide,
+absence for seven years without being heard from.
+
+LABOUR LAWS: No child under 16 to be employed after 8 P.M. No child
+under 12 may work in mill, factory, railroad, quarry, or messenger
+service. No female shall be employed in barrooms. No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage. They may be notaries. 17 women in ministry, 3
+dentists, 15 journalists, 21 doctors, 1 professor, 2 saloon keepers, 11
+commercial travellers, 3 carpenters, etc.
+
+
+_Virginia_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 925,897; female 928,287.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property
+absolutely. Dower and curtesy prevail. Husband is guardian of children
+and must support.
+
+DIVORCE: Absolute for adultery, impotence, sentence to penitentiary,
+conviction of an infamous offence prior to marriage without knowledge of
+other party, desertion for three years, pregnancy of wife at time of
+marriage or previous prostitution without knowledge of husband.
+
+Limited for cruelty, reasonable apprehension of bodily hurt, desertion.
+
+LABOUR LAWS: Seats must be provided for female employees. Hours of
+female labour confined to ten. No child under 12 may work in factory or
+mine; no child under 14 shall work between 6 P.M. and 7 A.M. No child
+under 14 shall be hired for any mendicant, acrobatic, dangerous, or
+immoral occupation. No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL, AND PROFESSIONAL STATUS: No
+suffrage. 37 women in ministry, 1 dentist, 12 journalists, 7 lawyers, 32
+doctors, 20 professors, 19 saloon keepers, 13 commercial travellers, 9
+carpenters, etc.
+
+
+_Washington_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 304,178; female 213,925.
+
+HUSBAND AND WIFE: Wife controls own earnings and controls separate
+estate; but control of community property is vested absolutely in the
+husband; this includes everything acquired after marriage by the joint
+or separate efforts of either. Husband and wife have equal rights of
+inheritance to one another's estate; but are not equal guardians of the
+children, as husband can exclude wife by will. Support of the family is
+chargeable upon the property of both husband or wife, or either of them.
+No dower or curtesy.
+
+DIVORCE: Absolute for any cause deemed by court sufficient, when court
+is satisfied that parties can no longer live together, fraudulent
+contract, adultery, impotence, desertion for one year, cruel treatment,
+habitual drunkenness, neglect to provide, imprisonment.
+
+No limited divorce.
+
+LABOUR LAWS: No female may be employed in a mine. Every profession and
+occupation open to women, but they may not hold public office. No Sunday
+labour. Females shall not be employed in any place where liquor is sold.
+Seats must be provided for female employees. Hours limited to ten. No
+child under 14 shall labour in factory, mill, or workshop except at
+discretion of juvenile judge. Children must go to school between 8 and
+15.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school and bond suffrage, but cannot vote for State or county
+superintendents. 38 women in ministry, 7 dentists, 13 journalists, 13
+lawyers, 62 doctors, 3 professors, 8 saloon keepers, 1 banker, 8
+commercial travellers, etc.
+
+
+_West Virginia_
+
+AGE OF LEGAL CONSENT: 14.
+
+POPULATION: Male 499,242; female 459,558.
+
+HUSBAND AND WIFE: Wife controls own earnings, but cannot sell or
+encumber her separate property without husband's consent. Husband is
+legal guardian and must provide. Dower and curtesy prevail.
+
+DIVORCE: Absolute for adultery, impotence, imprisonment in penitentiary,
+conviction of an infamous offence before marriage, desertion for three
+years, pregnancy of wife at time of marriage or prostitution before
+without knowledge of husband, in favour of wife when husband was
+notoriously a licentious person before marriage without her knowledge.
+
+Limited for cruelty, reasonable apprehension of bodily hurt, desertion,
+habitual drunkenness.
+
+LABOUR LAWS: No Sunday labour. No child under 12 may work in factory or
+mill and no child under 14 shall be employed during school session. No
+child under 15 may be employed in any mendicant, acrobatic, immoral, or
+dangerous occupation, nor in any place where liquor is sold. Seats must
+be provided for female employees. No female may work in mine.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No
+suffrage. Women cannot be notaries. 26 women in ministry, 4 dentists, 4
+journalists, 4 lawyers, 18 doctors, 4 professors, 9 saloon keepers, 2
+bankers, 3 commercial travellers, 2 carpenters, etc.
+
+
+_Wisconsin_
+
+AGE OF LEGAL CONSENT: 18.
+
+POPULATION: Male 1,067,562; female 1,001,480.
+
+HUSBAND AND WIFE: Wife controls own earnings. Assignment of wages of
+husband must have wife's written consent. Wife controls separate
+property absolutely. Dower and curtesy prevail. Husband is guardian of
+children and must provide.
+
+DIVORCE: Absolute for impotence, adultery, sentence to imprisonment for
+three years prior to marriage. Limited or absolute for desertion for one
+year, cruelty, habitual drunkenness, neglect to provide, conduct of
+husband rendering it improper or unsafe for wife to live with him.
+
+LABOUR LAWS: Female labour confined to eight hours per day. No child
+under 14 may work in factory, workshop, bowling alley, or mine. Children
+between 14 and 16 must get permission from juvenile judge. No child
+under 16 shall be employed on dangerous machinery. None under 14 shall
+take part in theatrical or circus exhibition as musician unless
+accompanied on tours by parent or guardian. Authorities shall in all
+cases determine whether occupation is dangerous or immoral for children
+under 14. No Sunday labour.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women
+have school suffrage. They may be notaries. 65 women in ministry, 24
+dentists, 32 journalists, 23 lawyers, 154 doctors, 12 professors, 143
+saloon keepers, 2 bankers, 27 commercial travellers, 9 carpenters, etc.
+
+
+_Wyoming_
+
+AGE OF LEGAL CONSENT: 21.
+
+POPULATION: Male 58,184; female 34,347.
+
+HUSBAND AND WIFE: Wife controls own earnings and separate property
+absolutely. Neither dower nor curtesy prevail. Husband and wife have
+same rights of mutual inheritance. Husband is legal guardian of
+children, but there is no penalty if he does not provide.
+
+DIVORCE: Absolute for adultery, impotence, conviction for felony,
+desertion for one year, habitual drunkenness, extreme cruelty, neglect
+to provide for one year, intolerable indignities, vagrancy of husband,
+conviction of felony prior to marriage unknown to other party, pregnancy
+of wife at time of marriage unknown to husband.
+
+No limited divorce.
+
+LABOUR LAWS: No female shall work in mine. Acrobatic, mendicant,
+dangerous, or immoral occupations forbidden to children under 14. No
+Sunday labour. Seats must be provided for female employees.
+
+SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full
+suffrage. Women are eligible for all offices. 2 women in ministry, 2
+journalists, 12 doctors, 1 professor, no saloon keepers, lawyers, or
+dentists, 2 carpenters, etc.
+
+
+In studying these tables, it should be remembered that new laws are
+being made constantly; and that the census of 1910 will give figures
+which as soon as they appear must supersede those of 1900.
+
+
+SOURCES
+
+I. The Statutes of the Several States, from earliest times to the
+present day. Published by Authority.
+
+II. All newspapers and periodicals.
+
+III. The Census Reports, especially the various separate reports such as
+that on "Marriage and Divorce"; and the Reports of the Commissioner of
+Labour.
+
+IV. The History of Woman Suffrage: edited by Elizabeth Cady Stanton,
+Susan B. Anthony, Matilda Joslyn Gage, and Ida Husted Harper, 4 vols.
+[First two published by Fowler and Wells, New York, 1881 and 1882; last
+two by Susan B. Anthony, Rochester, 1887 and 1902.]
+
+V. The Encyclopedia of Social Reforms: edited by William D.P. Bliss,
+with the Co-operation of many Specialists. Funk and Wagnalls, New York
+and London, 1898.
+
+
+NOTES:
+
+[410] See, for example, the account in the _New York Tribune_, Sept. 8,
+9, and 12, 1853, of what happened at the Women's Rights Convention at
+that time.
+
+[411] In 1900 there were 7399 female physicians and surgeons in the
+United States, and 808 female dentists.
+
+[412] In 1900 there were 1049 women lawyers in the United States. The
+above statements are from Bliss, _Encyc_., p. 1291.
+
+[413] In 1900 there were 3405 women clergy in the United States.
+
+[414] In 1900 there were 2193 women journalists in the United States.
+This does not, of course, include women reporters and the like.
+
+
+
+
+CHAPTER IX
+
+GENERAL CONSIDERATIONS
+
+
+It is twenty-three centuries since Plato gave to the world his
+magnificent treatise on the State. The dream of the Greek philosopher of
+equal rights for all intelligent citizens, among whom he includes women,
+has in large part been realised; but much is yet wanting to bring
+society to the standard of the Ideal Republic. In not a few States of
+the world the conditions affecting property rights are inequitable; in
+all but very few States woman is still barred from the field of politics
+and from the legitimate rights of citizenship; and the day seems far
+distant when the States possessing a representative government will be
+prepared to accept the woman citizen as eligible for administrative
+positions.
+
+It will, therefore, be my purpose in this chapter first to consider five
+of the most serious objections to the granting of equal suffrage, that
+is to say, to the concession to women of full citizens' rights under the
+law. It will be found that these objections are based on a presumed
+inferiority of women to men in various respects. I shall give
+consideration next in order to the question of the inferiority or
+superiority of one sex over the other. In view, furthermore, of the new
+ferment in thought in modern society, it will be useful to analyse
+certain habits of mind and to indicate the necessity for a readjustment
+of old beliefs in the light of recent evolution. I shall conclude my
+history with a suggestion for definite reforms which, I believe, must be
+brought about, whether equal suffrage is granted or not, before women
+can attain their maximum of efficiency.
+
+The opposition to the granting of equal suffrage is, as I have said,
+based mainly upon five classes of contentions:
+
+  I. The theological.
+ II. The physiological.
+III. The social or political.
+ IV. The intellectual.
+  V. The moral.
+
+A consideration and an analysis of these five classes of objections will
+constitute a summary of the relations of woman to the community, and may
+also serve as a guide or suggestion to the possibility of a legitimate
+development, in the near future, of her rights as a citizen.
+
+I. The theological argument is based upon the distinctly evil conception
+of woman, presented in _Genesis_, as the cause of misery in this world
+and upon the subordinate position assigned to her by Paul and Peter.
+Christ himself has left us no teachings on the subject. The Hebrew and
+Oriental creed of woman's sphere permeated the West as Christianity
+expanded and forced to extinction the Roman principle of equality. Only
+within fifty years, has the female sex regained the rights enjoyed by
+women under the law of the Empire seventeen centuries ago. The Apostolic
+theory of complete subordination gained strength with each succeeding
+age. I have already cited instances of ecclesiastical vehemence. As a
+final example I may recall that when, early in the nineteenth century,
+chloroform was first used to help women in childbirth, a number of
+Protestant divines denounced the practice as a sin against the Creator,
+who had expressly commanded that woman should bring forth in sorrow and
+tribulation. Yet times have so far changed within two decades that the
+theological argument is practically obsolete among Protestants, although
+it is still influential in the Roman Catholic Church, which holds fast
+to the doctrine laid down by the Apostles. We may say, however, that of
+all the objections, the theological has, in practice, the least weight
+among the bulk of the population. The word _obey_ in the clerical
+formula _love, honour, and obey_ provokes a smile.
+
+II. The physiological argument is more powerful. Its supporters assert
+that the constitution of woman is too delicate, too finely wrought to
+compete with man in his chosen fields. The physiological argument makes
+its appearance most persistently in the statement that woman should have
+no vote because she could not defend her property or her country in
+time of war. In reply to this some partisans of equal suffrage have
+thought it necessary to prove that women are physically equal in all
+respects to men. But the issues between nations which in the centuries
+past it had been believed could be adjusted only by war, by being fought
+out (not, of course, to any logical conclusion, but to a result which
+showed simply that one party was stronger than the other), are now, in
+the great majority of cases, determined by the more reasonable, the more
+civilised, method of arbitration.
+
+As a matter of fact, the cause of woman's rights will suffer no harm by
+a frank admission that women are not, in general, the peers of men in
+brute force. The very nature of the female sex, subjected, as it is, to
+functional strains from which the male is free, is sufficient to
+invalidate such a claim. A refutation of the physiological objection to
+equal suffrage is, however, not hard to find. Even in war, as it is
+practised to-day, physical force is of little significance compared with
+strategy which is a product of the intellect. In a naval battle for
+instance, ships no longer engage at close range, where it is possible
+for the crew of one to board the opposing ship and engage in hand to
+hand conflict with the enemy; machinery turns the guns and even loads
+them; the whole fight is simply a contest between trained gunners, who
+must depend for success on cool mathematical computation.
+
+Nevertheless, it is true that under stress or the need of making a
+livelihood women in many instances do show physical endurance equal to
+that of men. Women who are expert ballet dancers and those who are
+skilled acrobats can hardly be termed physiological weaklings. In
+Berlin, you may see women staggering along with huge loads on their
+backs; in Munich, women are street-cleaners and hod-carriers; on the
+island of Capri, the trunk of the tourist is lifted by two men onto the
+shoulder of a woman, who carries it up the steep road to the village. In
+this country many women are forced to do hard bodily labour ten hours a
+day in sweat-shops. In all countries and in all ages there have been
+examples of women who, disguised as men, have fought side by side with
+the male and with equal efficiency. The case of Joan of Arc will at once
+occur to the reader; and those who are curious about this subject may,
+by consulting the records of our Civil War, find exciting material in
+the story of "Belle Boyd," "Frank Miller," and "Major Cushman."[415]
+
+Doubtless women are stronger physically than they were a half-century
+ago, when it was considered unladylike to exercise. If you will read the
+novels of that time, you will find that the heroine faints on the
+slightest provocation or weeps copiously, like Amelia in _Vanity Fair_,
+whenever the situation demands a grain of will-power or of
+common-sense. But to-day women seldom faint or weep in literature; they
+play tennis or row. When, in 1844, Pauline Wright Davis lectured on
+physiology before women in America and displayed the manikin, some of
+her auditors dropped their veils, some ran from the room, and some
+actually became unconscious, because their sense of delicacy was put to
+so sharp a test.
+
+It should be borne in mind, in connection with the contention that the
+privileges of a citizen ought to be accorded only to those persons who
+are physically capable of helping to defend the community by force, that
+no such principle is applied in fixing the existing qualifications for
+male citizenship. A large number of the voters of every community are,
+on the ground either of advanced years or of invalidism, physically
+disqualified for service as soldiers, sailors, or policemen. This group
+of citizens includes a very large proportion of the thinking power of
+the community. No intelligently directed state would, however, be
+prepared to deprive itself of the counsels, of the active political
+co-operation, and of the service from time to time in the responsibility
+of office, of men of the type of Gladstone (at the age of seventy-five),
+of John Stuart Mill (always a physical weakling), of Washington (serving
+as President after he was sixty), on the ground that these citizens were
+no longer capable of carrying muskets in the ranks.
+
+Any classification of citizens, any privileges extended to voters,
+ought, of course, to be arrived at on a consistent and impartial
+principle.
+
+Further, under the conditions obtaining in this twentieth century,
+governments, whether of nations, of states, or of cities, are carried on
+not by force but by opinion. In the earlier history of mankind, each
+family was called upon to maintain its existence by physical force. The
+families the members of which (female as well as male) were not strong
+enough to fight for their existence were crushed out. Par into the later
+centuries, issues between individuals were adjusted by the decision of
+arms. Up to within a very recent date, it may be admitted that issues
+between nations could be settled only by war. It is, however, at this
+time the accepted principle of representative government in all
+communities that matters of policy are determined by the expression of
+opinion, that is by means of the votes given by the majority of its
+citizens. It is by intelligence and not by brute force that the world is
+now being ruled, and with the growth of intelligence and a better
+understanding of the principles of government, it is in order not only
+on the grounds of justice but for the best interests of the state to
+widen the foundations of representative government, so as to make
+available for voting and for official responsibilities all the
+intelligence that is comprised within the community. This is in my
+judgment the most conclusive reply to the objection that the physical
+weakness of woman unfits her for citizenship.
+
+III. According to the social or political argument, if woman is given
+equal rights with man, the basis of family life, and hence the
+foundation of the state itself, is undermined, as a house divided
+against itself cannot stand. It is said that (1) there must be some one
+authority in a household and that this should be the man; (2) woman will
+neglect the home if she is left free to enter politics or a profession;
+(3) politics will degrade her; (4) when independent and self-asserting
+she will lose her influence over man; and (5) most women do not want to
+vote or to enter politics.
+
+It is astonishing with what vehemence men will base arguments on pure
+theory and speculation, while they wilfully close their eyes to any
+facts which may contradict their assumptions. It is inconceivable to a
+certain type of mind that a husband and wife can differ on political
+questions and may yet maintain an even harmony, while their love abates
+not one whit. In the four States where women vote--Wyoming, Colorado,
+Utah, and Idaho--there is no more divorce than in other States; and any
+one who has travelled in these communities can attest that no domestic
+unhappiness results from the suffrage. Nor does it in New Zealand.
+
+It is said that there must be some one supreme authority; but this
+depends on the view taken of marriage. Under the old Common Law, the
+personality of the wife was merged completely in that of her husband;
+marriage was an absolute despotism. Under the Canon Law, woman is man's
+obedient and unquestioning subject; marriage is a benevolent despotism.
+To-day people are more inclined to look upon matrimony as a partnership
+of equal duties, rights, and privileges.
+
+Sophocles argued in one of his tragedies that children belong entirely
+to the father, that the mother can assert no valid claim for anything.
+Lawyers have found this logic excellent; and the records are full of
+instances of children being taken from a hard-working mother in order to
+be handed over to a drunken father who wants their wages for his
+support. It is no longer so in most states. Civilisation has advanced so
+far, that the pains of bringing forth and raising children are
+acknowledged to give the mother a right almost equal to that of the
+father to determine all that concerns the child. There is some reason,
+therefore, for believing that she should have a voice also in passing
+upon laws which may make or undo for ever the welfare of the boys and
+girls for whom she struggles during the years that they are growing to
+manhood and womanhood. Men are for the greater part so engrossed in
+business that on certain questions they are far less competent to be
+"authorities" than women. Against stupid pedagogy, against red-tape,
+against the policy that morality must never interfere with business
+principles, against civic dirtiness, against brothel and saloon, women
+are more active than men, because they see more clearly how vitally the
+interests of their children are affected by these evil conditions.
+Wherever women vote, these questions are to the fore.
+
+Closely connected with the "one authority" argument is the old
+contention, so often resorted to and relied upon, that women, if they
+are permitted to vote, will neglect the home, and that, if the
+professions are opened to them, they will find these too absorbingly
+attractive. Much weight should, however, be given to the great power of
+the domestic instinct implanted in the nature of woman. In the States
+where women vote and are eligible for political offices, there are fewer
+unmarried women in proportion to the population than in States where
+they have no such rights. The great leaders of the woman suffrage
+movement from Mrs. Stanton to Mrs. Snowden have in their home circle led
+lives as beautiful and have raised families as large and as well
+equipped morally and intellectually as those who are content to sit by
+the fire and spin.
+
+Thus far I have argued from the orthodox view, that matrimony ought to
+be the goal of every woman's ambition. But if a woman wishes to remain
+single and devote herself exclusively to the realisation of some ideal,
+it is hard to see why she should not. Men who take this course are
+eulogised for their noble self-sacrifice in immolating themselves for
+the advancement of the cause of civilisation; women who do precisely the
+same thing are sometimes unthinkingly spoken of in terms of contempt or
+with that complacent pity which is far worse. It is difficult for us to
+realise adequately what talented women like Rosa Bonheur had to undergo
+because of this curious attitude of humanity.
+
+"The home is woman's sphere." This shibboleth is the logical result of
+the attitude mentioned. Doubtless, the home is woman's sphere; but the
+home includes all that pertains to it--city, politics and taxes, laws
+relating to the protection of minors, municipal rottenness which may
+corrupt children, schools and playgrounds and museums which may educate
+them. Few doctrines have been productive of more pain than the "woman's
+sphere" argument. It is this which has, for a thousand years, made the
+unmarried woman, the _Old Maid_, the butt of the contemptible jibes of
+Christian society, whereof you will find no parallel in pagan antiquity.
+Dramatic writers have held her up to ridicule on the stage on account of
+the peculiarities of character which are naturally acquired when a
+person is isolated from participation in the activities of life. It is
+the doctrine which has made women glad to marry drunkards and rakes, to
+bring forth children tainted with the sins of their fathers, and to
+suffer hell on earth rather than incur the ridicule of the Christian
+gentleman who may, without incurring the protest of society, remain
+unmarried and sow an unlimited quantity of wild oats. It is this
+doctrine which was indirectly responsible for the hanging and burning of
+eccentric old women on the charge that they were witches. As men found a
+divine sanction for keeping women in subjection, so in those days of
+superstition did they blaspheme their Creator by digging out of the Old
+Testament, as a justification for their brutality, the text, "Thou shalt
+not suffer a witch to live."
+
+"Politics will degrade women"--this naive confession that politics are
+rotten is a fairly strong argument that some good influence is needed to
+make them cleaner. Generally speaking, it is difficult to imagine how
+politics could be made any worse. If a woman cannot go to the polls or
+hold office without being insulted by rowdies, her vote will be potent
+to elect officials who should be able to secure for the community a
+standard of reasonable civilisation. There is no case in which more
+sentimentality is wasted. Lovely woman is urged not to allow her beauty,
+her gentleness, her tender submissiveness to become the butt of the
+lounger at the street corner; and in most instances lovely woman, like
+the celebrated Maitre Corbeau, is cajoled effectively. Meanwhile the
+brothel and the sweat-shop continue on their prosperous way. By a
+curious inconsistency, man will permit woman to help him out of a
+political dilemma and will then suavely remark that suffrage will
+degrade her.
+
+During the Civil War, Anna Dickinson by her remarkable lecture
+entitled, "The National Crisis" saved New Hampshire and Connecticut for
+the Republicans; Anna Carroll not only gave such a crushing rejoinder to
+Breckinridge's secession speech that the government printed and
+distributed it, but she also, as is now generally believed, planned the
+campaign which led to the fall of Forts Henry and Donelson and opened
+the Mississippi to Vicksburg. How many men realise these facts?
+
+The theory that politics degrade women will not find much support in
+such States as Colorado and Wyoming. Here, where equal suffrage obtains,
+women have been treated with uniform courtesy at the polls; they have
+even been elected to legislatures with no diminution of their
+womanliness; and the House of Wyoming long ago made a special resolution
+of its approval of equal rights and attested the beneficial results that
+have followed the extension of the suffrage to women.[416] Judge Lindsey
+of Colorado has said that his election, and consequent power to work out
+his great reforms in juvenile delinquency, was due to the backing of
+women at a time when men, for "business reasons," were averse to extend
+their aid. "No one would dare to propose its repeal [i.e., the repeal of
+equal suffrage], and if left to the men of the State any proposition to
+revoke the rights bestowed on women would be overwhelmingly defeated."
+Experience in Colorado and elsewhere has shown that any important moral
+issue will bring out the women voters in great force; but after election
+they are content to resume their domestic duties; and they have shown no
+great desire for political office.[417]
+
+Before I leave the discussion as to whether politics degrade women, it
+will not be out of place to consider the question whether certain women
+may not, if they have a vote, degrade politics. Of such women there are
+two classes--the immoral and the merely ignorant. As to the former, much
+fear has been expressed that they would be the very agents for
+unscrupulous politicians to use at the polls. Exact data on this matter
+are not available. I shall content myself with quoting a statement by
+Mrs. Ida Husted Harper[418]:
+
+"That 'immoral' class," said Mrs. Harper, "is a bogey that has never
+materialised in States where women have the suffrage. Those women don't
+vote. Indeed, Denver's experience has been interesting in that respect.
+When equal suffrage was first granted, women of that class were
+compelled by the police to register. It was a question of doing as the
+police said, of course, or being arrested. The women did not want to
+vote. They don't go under their real names; they have no fixed
+residence, and so on. Anyway, the last thing they wanted was to be
+registered voters.
+
+"But the corrupt political element needed their vote, and were after it,
+through the police. These women actually appealed to a large woman's
+political club to use its influence to keep the police from forcing them
+to register. A committee was appointed; it was found that the story was
+true; coercion was stopped, and the women's vote turned out the chief of
+police who attempted it. There is now no coercion, and this class simply
+pays no attention to politics at all."
+
+The doubling of the number of ignorant voters by giving all women alike
+the ballot would be a more serious affair. A remedy for that, however,
+lies in making an educational test a necessary qualification for all
+voters. In this connection the remarks of Mr. G.H. Putnam are
+suggestive[419]: "If I were a citizen of Massachusetts or of any State
+which, like Massachusetts, possesses such educational qualification, I
+should be an active worker for the cause of equal suffrage. As a citizen
+of New York who has during the last fifty years done his share of work
+in the attempt to improve municipal conditions, I am forced to the
+conclusion that it will be wiser to endure for a further period the
+inconsistency, the stupidity, and the injustice of the disfranchisement
+of thousands of intelligent women voters rather than to accept the
+burden of an increase in the mass of unintelligent voters. The first
+step toward 'equal suffrage' will, in my judgment, be a fight for an
+educational qualification for all voters."
+
+Those who maintain that when women are independent and self-asserting,
+they will lose their influence over men, assume that we view things
+to-day as they did a century ago and that the thoughts of men are not
+widened with the progress of the suns. The woman who can share the
+aspirations, the thoughts, the complete life of a man, who can
+understand his work thoroughly and support him with the sympathy born of
+perfect comprehension, will exert a far vaster influence over him than
+the milk-and-water ideal who was advised "to smile when her husband
+smiled, to frown when he frowned, and to be discreetly silent when the
+conversation turned on subjects of importance." It is a good thing for
+women to be self-asserting and independent. There is and always has been
+a class of men who, like Mr. Murdstone, are amenable to justice and
+reason only when they know that their proposed victim can at any time
+break the chains with which they would bind her.
+
+This brings us to the last of the social or political arguments, viz.,
+"Most women do not want to vote."[420] Precisely the same argument has
+been used by slave owners from time immemorial--the slaves do not wish
+to be free. As Professor Thomas writes[421]: "Certainly the negroes of
+Virginia did not greatly desire freedom before the idea was developed by
+agitation from the outside, and many of them resented this outside
+interference. 'In general, in the whole western Sahara desert, slaves
+are as much astonished to be told that their relation to their owners is
+wrong and that they ought to break it, as boys amongst us would be to be
+told that their relation to their fathers was wrong and ought to be
+broken.' And it is reported from eastern Borneo that a white man could
+hire no natives for wages. 'They thought it degrading to work for wages,
+but if he would buy them, they would work for him.'" It is akin to the
+old contention of despots that when their subjects are fit for freedom,
+they will make them free; but nobody has ever seen such a time.
+
+Reform of evil conditions does not come from below; leaders with visions
+of the future must point the way. I once heard of a very respectable
+lady of Boston who exclaimed indignantly against certain proposed
+changes in child labour laws in North Carolina, where she owned shares
+in a cotton mill. She maintained that the children who worked at the
+looms ten hours a day expressed no discontent; it kept them off the
+streets; and the operators, in the kindness of their hearts, had
+actually had the looms made especially to accommodate conveniently the
+diminutive size of the little workers. Some people might, with great
+profit to themselves, read Plato's superb allegory of the men in the
+cave.
+
+The fact that various women's associations have been instituted in
+opposition to the extension of woman suffrage--as in Boston and New
+York--is no argument for depriving all women of the franchise. If the
+women who compose these societies do not care to vote, they do not need
+to; but they have no right to deprive of their rights those who do so
+desire. It is said that good women will not go to the polls; yet there
+are in every large city hundreds of respectable males who disdain to
+vote. A woman is more likely to have a sense of duty to vote than a man.
+It is the old cry, "Don't disturb the old order of things. If you make
+us think for ourselves, we shall be so unhappy." So Galileo was brought
+to trial, so Anne Hutchinson was banished; and so persecuted they the
+prophets before them.
+
+IV. Another argument that is made much of is the intellectual
+inferiority of woman. For ages women were allowed nor higher education
+than reading, writing, and simple arithmetic, often not even these; yet
+Elizabeth Barrett Browning, George Sand, George Eliot, Harriet
+Martineau, Jane Austen, and some scores of others did work which showed
+them to be the peers of any minds of their day. And if no woman can
+justly claim to have attained an eminence such as that of Shakespeare in
+letters or of Darwin in science, we may question whether Shakespeare
+would have been Shakespeare or Darwin Darwin if the society which
+surrounded them had insisted that it was a sin for them to use their
+minds and that they should not presume to meddle with knowledge. When a
+girl for the first time in America took a public examination in
+geometry, in 1829, men wagged their heads gravely and prophesied the
+speedy dissolution of family and state.
+
+To the list of women whose service for their fellows would have been
+lost if the old-time barriers had been maintained, may be added the name
+of the late Dr. Mary Putnam Jacobi. Mary Putnam secured her preliminary
+medical education in the early '60's, and found herself keenly troubled
+and dissatisfied at the inadequacy of the facilities extended to women
+for the study of medicine. She insisted that if women practitioners were
+to be, as she expressed it, "turned loose" upon the community with
+license to practise, they should, not only as a matter of justice to
+themselves but of protection for the women and children whose lives they
+would have in their hands, be properly qualified.
+
+At the time in question, the medical profession took the ground that
+women might enjoy the benefit of a little medical education but they
+were denied the facilities for any thorough training or for any research
+work. Mary Putnam secured her graduate degree from the great medical
+school of the University of Paris, being the first woman who had been
+admitted to the school since the fourteenth century. Returning after six
+years of thorough training, she did much during the remaining years of
+her life to secure and to maintain for women physicians the highest
+possible standard of training and of practice. It was natural that with
+this experience of the requirement of equal facilities for women in her
+own work, she should always have been a believer in the extension of
+equal facilities for any citizen's work for which, after experience,
+women might be found qualified. She was, therefore, an ardent advocate
+of equal suffrage.
+
+One needs but recall the admirable intellectual work of women to-day to
+wonder at the imbecility of those who assert that women are
+intellectually the inferiors of men. Madame Curie in science, Miss
+Tarbell in political and economic history, Miss Jane Addams in
+sociological writings and practice, the Rev. Anna Howard Shaw in the
+ministry, Mrs. Hetty Green in business, are a few examples of women
+whose mental ability ought to bring a blush to the Old Guard. Mrs.
+Harriman and Mrs. Sage, who manage properties of many millions, are
+denied the privilege of voting in regard to the expenditure of their
+taxes; but every ignorant immigrant can cast a vote, thanks to the
+doctrine that the political acumen of a man, however degraded, is
+superior to that of a woman, however great her genius--an admirable
+obedience to the saw in Ecclesiasticus that the badness of men is better
+than the goodness of women. Let me quote again from Professor Thomas:
+"The men have said that women are not intelligent enough to vote, but
+the women have replied that more of honesty than of intelligence is
+needed in politics at present, and that women certainly do not represent
+the most ignorant portion of the population. They claim that voting is a
+relatively simple matter anyway, that political freedom 'is nothing but
+the control of those who do make politics their business by those who do
+not,' and that they have enough intelligence 'to decide whether they are
+properly governed, and whom they will be governed by.' They point out
+also that already, without the ballot, they are instructing men how to
+vote and teaching them how to run a city; that women have to journey to
+the legislature at every session to instruct members and committees at
+legislative hearings, and that it is absurd that women who are capable
+of instructing men how to vote should not be allowed to vote themselves.
+To the suggestion that they would vote like their husbands and that so
+there would be no change in the political situation, women admit that
+they would sometimes vote like their husbands, because their husbands
+sometimes vote right; but ex-Chief-Justice Fisher of Wyoming says: 'When
+the Republicans nominate a bad man and the Democrats a good one, the
+Republican women do not hesitate a moment to "scratch" the bad and
+substitute the good. It is just so with the Democrats; hence we almost
+always have a mixture of office-holders. I have seen the effects of
+female suffrage, and, instead of being a means of encouragement to fraud
+and corruption, it tends greatly to purify elections and to promote
+better government.' Now, 'scratching' is the most difficult feature of
+the art of voting, and if women have mastered this, they are doing very
+well. Furthermore, the English suffragettes have completely
+outgeneralled the professional politicians. They discovered that no
+cause can get recognition in politics unless it is brought to the
+attention, and that John Bull in particular will not begin to pay
+attention 'until, you stand on your head to talk to him.' They regretted
+to do this, but in doing it they secured the attention and interest of
+all England. They then followed a relentless policy of opposing the
+election of any candidate of the party in power. The Liberal men had
+been playing with the Liberal women, promising support and then laughing
+the matter off. But they are now reduced to an appeal to the maternal
+instinct of the women. They say it is unloving of them to oppose their
+own kind. Politics is a poor game, but this is politics."
+
+V. The last objection I would call the _moral_. It embraces such
+arguments as, that woman is too impulsive, too easily swayed by her
+emotions to hold responsible positions, that the world is very evil and
+slippery, and that she must therefore constantly have man to protect
+her--a pious duty, which he avows solemnly it has ever been his special
+delight to perform. The preceding pages are a commentary on the manner
+in which man has discharged this duty. In Delaware, for instance, the
+age of legal consent was until 1889 seven years. The institution of
+Chivalry, to take another example, is usually praised for the high
+estimation and protection it secured for women; yet any one who has read
+its literature knows that, in practice, it did nothing of the sort. The
+noble lord who was so gallant to his lady love--who, by the way, was
+frequently the wife of another man--had very little scruple about
+seducing a maid of low degree. The same gallantry is conspicuous in the
+Letters of Lord Chesterfield, beneath whose unctuous courtesy the beast
+of sensuality is always leering.
+
+In the past the main function of woman outside of the rearing of
+children has been to satisfy the carnal appetite of man, to prepare his
+food, to minister to his physical comfort; she was barred from
+participation in the intellectual. In order to hold her to these bonds a
+Divine Sanction was sought. The Mohammedan found it in the Koran; the
+Christian, in the Bible--just as slavery was justified repeatedly from
+the story of Ham, just as the Stuarts and the Bourbons believed firmly
+that they were the special favourites of God.
+
+Strangely enough, men who are so sensitive about the moral welfare of
+women will visit a dance hall where women are degraded nightly, and will
+allow their daughters to marry "reformed" rakes. Men will not permit any
+mention of sexual matters in their homes, and will let their children
+get their information on the street; and all for the very simple reason
+that they are afraid the truth will hurt, will make people think. Men
+have been remarkably sensitive about having women speak in public for
+their rights; but they watch with zest a woman screaming nonsense on the
+stage.
+
+It is quite possible that many women are swayed too easily by their
+emotions. We must recollect, however, that for some thousands of years
+woman has been carefully drilled to believe that she is an emotional
+creature. If a dozen people conspire to tell a man that he is looking
+badly, it is not unlikely that he will feel ill. Certainly Florence
+Nightingale and Clara Barton exhibited no lack of firmness on the
+shambles of battlefields; and there are few men living who cannot recall
+instances of women who have, in the face of disaster and evil fortune,
+shown a steady perseverance and will-power in earning a living for
+themselves and their children that men have not surpassed.
+
+Having in the preceding pages considered the five capital objections to
+the concession of equal suffrage, I shall now, in accordance with my
+plan, say something of the much-mooted question of the superiority or
+inferiority of one sex to the other. It might be concluded from the
+foregoing account that I see little difference in the aptitudes and
+powers of the sexes physically, morally, or intellectually. That does
+not necessarily follow. It is possible to conceive of each sex as the
+complement of the other; and between complements there can be no
+question either of superiority or of inferiority. The great historian of
+European Morals has analysed the constitutional differences of the sexes
+as he conceived them; and I may quote his remarks as pertinent to my
+theme. Lecky writes as follows[422]:
+
+"Physically, men have the indisputable superiority in strength, and
+women in beauty. Intellectually, a certain inferiority of the female sex
+can hardly be denied when we remember how almost exclusively the
+foremost places in every department of science, literature, and art have
+been occupied by men, how infinitesimally small is the number of women
+who have shown in any form the very highest order of genius, how many of
+the greatest men have achieved their greatness in defiance of the most
+adverse circumstances, and how completely women have failed in obtaining
+the first position, even in music or painting, for the cultivation of
+which their circumstances would appear most propitious. It is as
+impossible to find a female Raphael, or a female Handel, as a female
+Shakespeare or Newton. Women are intellectually more desultory and
+volatile than men; they are more occupied with particular instances than
+with general principles; they judge rather by intuitive perceptions than
+by deliberate reasoning or past experience. They are, however, usually
+superior to men in nimbleness and rapidity of thought, and in the gift
+of tact or the power of seizing speedily and faithfully the finer
+inflections of feeling, and they have therefore often attained very
+great eminence as conversationalists, as letter-writers, as actresses,
+and as novelists.
+
+"Morally, the general superiority of women over men is, I think,
+unquestionable. If we take the somewhat coarse and inadequate criterion
+of police statistics, we find that, while the male and female
+populations are nearly the same in number, the crimes committed by men
+are usually rather more than five times as numerous as those committed
+by women; and although it may be justly observed that men, as the
+stronger sex, and the sex upon whom the burden of supporting the family
+is thrown, have more temptations than women, it must be remembered, on
+the other hand, that extreme poverty which verges upon starvation is
+most common among women, whose means of livelihood are most restricted,
+and whose earnings are smallest and most precarious. Self-sacrifice is
+the most conspicuous element of a virtuous and religious character, and
+it is certainly far less common among men than among women, whose whole
+lives are usually spent in yielding to the will and consulting the
+pleasures of another. There are two great departments of virtue: the
+impulsive, or that which springs spontaneously from the emotions, and
+the deliberative, or that which is performed in obedience to the sense
+of duty; and in both of these I imagine women are superior to men. Their
+sensibility is greater, they are more chaste both in thought and act,
+more tender to the erring, more compassionate to the suffering, more
+affectionate to all about them.... In active courage women are inferior
+to men. In the courage of endurance they are commonly their
+superiors.... In the ethic of intellect they are decidedly inferior. To
+repeat an expression I have already employed, women very rarely love
+truth, though they love passionately what they call 'the truth' or
+opinions they have received from others, and hate vehemently those who
+differ from them. They are little capable of impartiality or doubt;
+their thinking is chiefly a mode of feeling; though very generous in
+their acts, they are rarely generous in their opinions.... They are less
+capable than men of perceiving qualifying circumstances, of admitting
+the existence of elements of good in systems to which they are opposed,
+of distinguishing the personal character of an opponent from the
+opinions he maintains. Men lean most to justice, and women to mercy. Men
+are most addicted to intemperance and brutality, women to frivolity and
+jealousy. Men excel in energy, self-reliance, perseverance, and
+magnanimity, women in humility, gentleness, modesty, and endurance....
+Their religious or devotional realisations are incontestably more
+vivid.... But though more intense, the sympathies of women are commonly
+less wide than those of men. Their imaginations individualise more,
+their affections are, in consequence, concentrated rather on leaders
+than on causes.... In politics, their enthusiasm is more naturally
+loyalty than patriotism. In history, they are even more inclined than
+men to dwell exclusively upon biographical incidents or characteristics
+as distinguished from the march of general causes."
+
+Experience, by which alone mankind has ever learned or can learn, will
+show how far the characteristics enumerated by Lecky are innate and how
+far they have been acquired in the course of ages by certain habits of
+belief and education.
+
+The securing of citizens' rights for woman will of necessity depend on
+the attitude of society. There may be numerous laws for her relief on
+the statute books; but if society frowns on her appearance in court, it
+will be only in exceptional cases that she will appeal to the courts. To
+one who is familiar with the records of daily life a hundred years ago
+there is little doubt that conjugal infidelity on the part of the
+husband was more flagrant then than it is to-day; but there were
+infinitely fewer divorces. The reason for this is simply that public
+sentiment on the subject has changed. A century ago, a divorced woman
+could do nothing; the wife was exhorted to bear her husband's faults
+with meekness; and the expansion of industry had not yet opened to her
+that opportunity of making her own living which she now possesses in a
+hundred ways. Women were entirely dependent on men; and the men knew it.
+To-day they are not so sure.
+
+The old conception of woman's position was subjection, based on mental
+and physical inferiority and supported by Biblical arguments. The newer
+conception is that of a complement, in which neither inferiority nor
+superiority finds place. The old conception was based, like every
+institution of the times, on fear. Men were warned against heresy by
+being reminded of the tortures of hell fire; against crime by appealing
+to their dread of the gallows. Between the death of Anne and the reign
+of George III one hundred and eighty-eight capital offences were added
+to the penal code; and crime at once increased to an amazing degree. In
+a system that is founded on fear, when once that fear is removed--as it
+inevitably will be with the growth of enlightenment--there remains no
+basis of action, no incentive to good. It has been tried for centuries
+and has yielded only Star Chambers and Spanish Inquisitions. It is time
+that we try a new method. An appeal to the sense of _fair play_, an
+appeal to the sense of duty and of natural affection may yield
+immeasurably superior results. It has been my experience and personal
+observation that the standard of honour in our non-sectarian schools,
+where the _fair play_ spirit is most insisted on, is vastly greater than
+it was in the old sectarian institutions where boys were told morning,
+noon, and night that they would go to hell if they did not behave.
+
+The new spirit is not going to be accepted at once by society. There
+must first be some wailing and much gnashing of teeth; and the monster,
+custom, which all sense doth eat, will still for a time be antagonistic
+as it has been in the past. "In no society has life ever been completely
+controlled by the reason," remarks Professor Thomas, "but mainly by the
+instincts and the habits and the customs growing out of these. Speaking
+in a general way, it may be said that all conduct both of men and
+animals tends to be right rather than wrong. They do not know why they
+behave in such and such ways, but their ancestors behaved in those ways
+and survival is the guaranty that the behaviour was good. We must admit
+that within the scope of their lives the animals behave with almost
+unerring propriety. Their behaviour is simple and unvarying, but they
+make fewer mistakes than ourselves. The difficulty in their condition
+is, that having little power of changing their behaviour they have
+little chance of improvement. Now, in human societies, and already among
+gregarious animals, one of the main conditions of survival was common
+sentiment and behaviour. So long as defence of life and preying on
+outsiders were main concerns of society, unanimity and conformity had
+the same value which still attaches to military discipline in warfare
+and to team work in our sports. Morality therefore became identified
+with uniformity. It was actually better to work upon some system,
+however bad, than to work on none at all, and early society had no place
+for the dissenter. Changes did take place, for man had the power of
+communicating his experiences through speech and the same power of
+imitation which we show in the adoption of fashions, but these changes
+took place with almost imperceptible slowness, or if they did not,
+those who proposed them were considered sinners and punished with death
+or obloquy.
+
+"And it has never made any difference how bad the existing order of
+things might be. Those who attempted to reform it were always viewed
+with suspicion. Consequently our practices usually run some decades or
+centuries behind our theories and history is even full of cases where
+the theory was thoroughly dead from the standpoint of reason before it
+began to do its work in society. A determined attitude of resistance to
+change may therefore be classed almost with the instincts, for it is not
+a response to the reason alone, but is very powerfully bound up with the
+emotions which have their seat in the spinal cord.
+
+"It is true that this adhesion to custom is more absolute and
+astonishing in the lower races and in the less educated classes, but it
+would be difficult to point out a single case in history where a new
+doctrine has not been met with bitter resistance. We justly regard
+learning and freedom of thought and investigation as precious, and we
+popularly think of Luther and the Reformation as standing at the
+beginning of the movement toward these, but Luther himself had no faith
+in 'the light of reason' and he hated as heartily as any papal dogmatist
+the 'new learning' of Erasmus and Hutten.... We are even forced to
+realise that the law of habit continues to do its perfect work in a
+strangely resentful or apathetic manner even when there is no moral
+issue at stake.... Up to the year 1816, the best device for the
+application of electricity to telegraphy had involved a separate wire
+for each letter of the alphabet, but in that year Francis Ronalds
+constructed a successful line making use of a single wire. Realising the
+importance of his invention, he attempted to get the British government
+to take it up, but was informed that 'telegraphs of any kind are now
+wholly unnecessary, and no other than the one in use will be adopted.'"
+
+The reader will doubtless be able to add from his own experience and
+observation examples which will support Professor Thomas's admirable
+account of the power of custom. Among many barbarous tribes certain
+foods, like eggs, are _taboo_; no one knows why they should not be
+eaten; but tradition says their use produces bad results, and one who
+presumes to taste them is put to death. To-day, we believe ourselves
+rather highly civilised; but the least observation of society must
+compel us to acknowledge that _taboo_ is still a vital power in a
+multitude of matters.
+
+There is a still more forcible opposition to a recasting of the status
+of women by those men who have beheld no complete regeneration of
+society through the extension of the franchise in four of our States.
+Curiously oblivious of the fact that partial regeneration through the
+instrumentality of women is something attained, they take this as a
+working argument for the uselessness of extending the suffrage. They
+point to other evils that have followed and tell you that if this is the
+result of the emancipation of women, they will have none of it. For
+example, there can be no doubt that one may see from time to time the
+pseudo-intellectual woman. She affects an interest in literature,
+attends lectures on Browning and Emerson, shows an academic interest in
+slum work, and presents, on the whole, a selfishness or an egotism which
+repels. There never has been a revolution in society, however beneficial
+eventually, which did not bring at least some evil in its train. I
+cannot do better in this connection than to quote Lord Macaulay's
+splendid words (from the essay on Milton): "If it were possible that a
+people, brought up under an intolerant and arbitrary system, could
+subvert that system without acts of cruelty and folly, half the
+objections to despotic power would be removed. We should, in that case,
+be compelled to acknowledge that it at least produces no pernicious
+effects on the intellectual and moral character of a people. We deplore
+the outrages which accompany revolutions. But the more violent the
+outrages, the more assured we feel that a revolution was necessary. The
+violence of these outrages will always be proportioned to the ferocity
+and ignorance of the people; and the ferocity and ignorance of the
+people will be proportioned to the oppression and degradation under
+which they have been accustomed to live. Thus it was in our civil war.
+The rulers in the church and state reaped only what they had sown. They
+had prohibited free discussion--they had done their best to keep the
+people unacquainted with their duties and their rights. The retribution
+was just and natural. If they suffered from popular ignorance, it was
+because they had themselves taken away the key to knowledge. If they
+were assailed with blind fury, it was because they had exacted an
+equally blind submission.
+
+"It is the character of such revolutions that we always see the worst of
+them at first. Till men have been for some time free, they know not how
+to use their freedom. The natives of wine-countries are always sober. In
+climates where wine is a rarity, intemperance abounds. A newly-liberated
+people may be compared to a northern army encamped on the Rhine or the
+Xeres. It is said that when soldiers in such a situation first find
+themselves able to indulge without restraint in such a rare and
+expensive luxury, nothing is to be seen but intoxication. Soon, however,
+plenty teaches discretion; and after wine has been for a few months
+their daily fare, they become more temperate than they had ever been in
+their own country. In the same manner, the final and permanent fruits of
+liberty are wisdom, moderation, and mercy. Its immediate effects are
+often atrocious crimes, conflicting errors, skepticism on points the
+most clear, dogmatism on points the most mysterious. It is just at this
+crisis that its enemies love to exhibit it. They pull down the
+scaffolding from the half-finished edifice; they point to the flying
+dust, the falling bricks, the comfortless rooms, the frightful
+irregularity of the whole appearance; and then ask in scorn where the
+promised splendour and comfort are to be found? If such miserable
+sophisms were to prevail, there never would be a good house or a good
+government in the world.... There is only one cure for the evils which
+newly acquired freedom produces--and that cure is freedom. When a
+prisoner leaves his cell, he cannot bear the light of day--he is unable
+to discriminate colours or to recognise faces. But the remedy is not to
+remand him into his dungeon, but to accustom him to the rays of the sun.
+The blaze of truth and liberty may at first dazzle and bewilder nations
+which have become half-blind in the house of bondage. But let them gaze
+on, and they will soon be able to bear it. In a few years men learn to
+reason. The extreme violence of opinion subsides. Hostile theories
+correct each other. The scattered elements of truth cease to conflict,
+and begin to coalesce. And at length a system of justice and order is
+educed out of the chaos.
+
+"Many politicians of our time are in the habit of laying it down as a
+self-evident proposition, that no people ought to be free till they are
+fit to use their freedom. The maxim is worthy of the fool in the old
+story, who resolved not to go into the water till he had learnt to swim.
+If men are to wait for liberty till they become wise and good in
+slavery, they may indeed wait for ever."
+
+The speedy dissolution of family and state was prophesied by men when
+first a girl took a public examination in geometry; whenever women have
+been given complete control of their own property; when they have been
+received into the professions and industries; and now in like manner
+people dread the condition of things that they imagine might follow if
+women are given the right to vote and to hold office. We may well
+believe, with Lecky, that there are "certain eternal moral landmarks
+which never can be removed." But no matter what our views may be of the
+destinies, characteristics, functions, or limitations of the sex,
+certain reforms are indispensable before woman and, through her, family
+life can reach their highest development. Of these reforms I shall speak
+briefly and with them close my history.
+
+I. The double standard of morality for the sexes must gradually be
+abolished.[423] Of all the sad commentaries on Christian nations none
+is so pathetic or so tragical as the fact that for nineteen centuries
+men have been tacitly and openly allowed, at least before marriage,
+unrestrained liberty to indulge in sexual vice and intemperance, while
+one false step on the part of the woman has condemned her to social
+obloquy and, frequently, to a life on the street. This strange system, a
+blasphemy against the Christ who suffered death in order to purify the
+earth, has had its defenders not merely among the uneducated who do not
+think, but even among the most acute intellects. The philosopher Hume
+justifies it by commenting on the vastly greater consequences attendant
+on vice in women than in men; divines like Jeremy Taylor have encouraged
+it by urging women meekly to bear the sins of their husbands. This
+subject is one of the great _taboos_ in modern society. Let me exhort
+the reader to go to any physician and get from him the statistics of
+gonorrhea and syphilis which he has met in his practice; let him learn
+of the children born blind and of wives rendered invalid for life
+because their husbands once sowed a crop of wild oats with the sanction
+of society; let him read the Report of the Committee of Fifteen in New
+York (G.P. Putnam's Sons, 1902) on _The Social Evil_, the records of the
+Watch and Ward Society in Boston, or the recent report of the special
+jury in New York which investigated the "White Slave Traffic."[424]
+
+The plain facts are not pleasant. A system which has been in vogue from
+the beginning of history cannot be changed in a decade; but the desired
+state of things will be more speedily achieved and immediate good will
+be accomplished by three reforms which may be begun at once--have begun,
+in fact. In the first place, the "age of legal consent" should be
+uniformly twenty-one. In most States to-day it is fourteen or
+sixteen.[425] To the ordinary mind it is a self-evident proposition that
+a girl of those ages, the slippery period of puberty, can but seldom
+realise what she is doing when she submits herself to the lust of
+scoundrels. But the minds of legislators pass understanding; and when, a
+few years ago, a woman in the Legislature of Colorado proposed to have
+the age of consent raised from sixteen to twenty-one, such a storm of
+protest came from her male colleagues that the measure had to be
+abandoned. In the second place the public should be made better
+acquainted with the facts of prostitution. When people once realise
+thoroughly what sickness and social ulcers result from the presence in
+the city of New York of 100,000 debauched women (and the estimate is
+conservative)--when they begin to reflect that their children must grow
+up in such surroundings, then perhaps they will question the expediency
+of the double standard of morality and will insist that what is wrong
+for a woman is wrong for a man. It is a fact, to be borne carefully in
+mind, that the vast majority of prostitutes begin their career below the
+age of _eighteen_ and usually at the instigation of adult _men_, who
+take advantage of their ignorance or of their poverty. If the miserable
+Thaw trial did nothing else, it at least once more called public
+attention to conditions which every intelligent man knows have existed
+for years. Something can also be done by statute. New York has made
+adultery a crime; and the State of Washington requires a physical
+examination of the parties before marriage. In the third place,
+physicians should take more pains to educate men to the knowledge that a
+continent life is not a detriment to health--the contrary belief being
+more widely spread than is usually suspected.
+
+II. In the training of women, care should be taken to impress upon them
+that they are not toys or spoiled children, but fellow-citizens, devoted
+to the common task of advancing the ideals of the nation to their goal.
+
+    The woman's cause is man's; they rise or sink
+    Together, dwarf'd or godlike, bond or free:
+    If she be small, slight-natured, miserable,
+    How shall men grow?
+
+TENNYSON, _The Princess_.
+
+    A Being breathing thoughtful breath,
+    A Traveller between life and death;
+    The reason firm, the temperate will,
+    Endurance, foresight, strength, and skill;
+    A perfect Woman, nobly planned,
+    To warn, to comfort, and command;
+    And yet a Spirit still, and bright
+    With something of an angel light.
+
+WORDSWORTH.
+
+Towards a higher conception of their duties, women are steadily
+advancing. It often happens that the history of words will give a hint
+of the progress of civilisation. Such a story is told by the use of
+_lady_ and _woman_. Not many decades ago the use of the word _woman_ in
+referring to respectable members of the sex was interpreted as a lack of
+courtesy. To-day, women prefer to be called _women_.
+
+III. Women should be given the full right to enter any profession or
+business which they may desire. As John Stuart Mill says:
+
+"The proper sphere for any human being is the highest sphere that being
+is capable of attaining; and this cannot be ascertained without complete
+liberty of choice."
+
+"We are, as always, in a period of transition," remarks Mr.
+Bjoerkman,[426] "the old forms are falling away from us on every side.
+Concerning the new ones we are still uncertain and divided. Whether
+woman shall vote or not, is not the main issue. She will do so sooner or
+later if it suits her. No, the imperative question confronting us is
+this: What are we to do that her life once more may be full and useful
+as it used to be? That question cannot be answered by anybody but
+herself. Furthermore, it can only be answered on the basis of actual
+experience. And urged onward by her never-failing power of intuition,
+woman has for once taken to experimenting. She has, if you please,
+become temporarily catabolic. But it means merely that she is seeking
+for new means to fulfil her nature, not for ways of violating it. And
+the best thing--nay, the only thing--man can do to help her is to stand
+aside and keep his faith, both in her and in life. Whether it be the
+franchise, or the running of railroads, or public offices, that her
+eager hands and still more eager soul should happen to reach out for, he
+must give her free way. All she wants is to find herself, and for this
+purpose she must try everything that once was foreign to her being: the
+trial over, she will instinctively and unfailingly pick out the right
+new things to do, and will do them."
+
+The opening up of professions and industries to woman has been of
+incalculable benefit to her. Of old the unmarried woman could do little
+except sit by the fire and spin or make clothing for the South Sea
+Islanders. Her limited activities caused a corresponding influence on
+her character. People who have nothing to do will naturally find an
+outlet for their superfluous energy in gossip and all the petty things
+of life; if isolated from a share in what the world is doing, they will
+no less naturally develop eccentricities of character and will grow old
+prematurely. To-day, by being allowed a part in civic and national
+movements, women can "get out of themselves"--a powerful therapeutic
+agent. Mrs. Ella Young, a woman of sixty, was last year made
+Superintendent of the great Public School System of Chicago. Fraeulein
+Anna Heinrichsdorff is the first woman in Germany to get an engineer's
+diploma, very recently bestowed upon her; an "excellent" mark was given
+Fraeulein Heinrichsdorff in every part of her examination by the Berlin
+Polytechnic Institute. Miss Jean Gordon, the only factory inspector in
+Louisiana, is at present waging a strong fight against the attempt to
+exempt "first-class" theatres from the child-labour law. Mrs. Nellie
+Upham, of Colorado, is President and General Manager of the Gold Divide
+Mining, Milling, and Tunnel Company of Colorado and directs 300 workmen.
+These are a few examples out of some thousands of what woman is
+doing.[427] And yet there are men who do not believe she should do
+anything but wash dishes and scrub.
+
+Much more serious is the glaring discrepancy in the wages paid to men
+and to women. For doing precisely the same work as a man and often doing
+it better, woman receives a much lower wage. The reasons are several
+and specious. We are told that men have families to support, that women
+do not have such expensive tastes as men, that they are incapable of
+doing as much as men, that by granting them equal wages one of the
+inducements to marry is removed. These arguments are generally used with
+the greatest gravity by bachelors. If men have families to support,
+women by the hundreds support brothers and sisters and weak parents.
+That they are incapable of doing as much sounds unconvincing to one who
+has seen the work of sweat-shops. The argument that men have more
+expensive tastes to satisfy is too feeble to deserve attention. Finally,
+when men argue that women should be forced to marry by giving them
+smaller wages, they are simply reverting to the time-honoured idea that
+the goal of every women's ambition should be fixed as matrimony. If the
+low wages of women produced no further consequence, one might dismiss
+the matter as not of essential importance; but inadequate pay has been
+found too frequently to be a direct cause of prostitution. No girl can
+well keep body and soul together on four dollars a week and some
+business managers have been known to inform their women employees with
+frankness that a "gentleman friend" is a necessary adjunct to a limited
+income.
+
+The women who suffer most from low wages are probably the teachers in
+our primary schools. They start usually on a salary of about three
+hundred and fifty dollars a year. For this each teacher performs all the
+minute labour and bears all the nervous strain of instructing sixty
+pupils six and a half hours a day and of correcting dozens of papers far
+into the night. And when crime increases or the pupils are not
+universally successful in business, the school teacher has the added
+pleasure of getting blamed for it, being told that she ought to have
+trained them better. These facts lend some colour to Mark Twain's sage
+reflection that God at first made idiots--that was for practice; then
+he made school boards.
+
+One of the most interesting examples of recent evolution in the
+industrial status of women is the decision of the Supreme Court of
+Illinois in the so-called Ritchie Case. The last Legislature of Illinois
+passed a law limiting to ten hours the working day of women in factories
+and stores. Now, as far back as 1893, the Legislature had passed a
+similar law limiting woman's labour to _eight_ hours; but the Supreme
+Court in 1895 declared it unconstitutional on the ground that it was an
+arbitrary and unreasonable interference with the right of women to
+contract for the sale of their labour. When, therefore, this year a
+ten-hour bill was tried, W.C. Ritchie, who had secured the nullification
+of the act of 1893, again protested. The decision of the Court, rendered
+April 21, 1910, is an excellent proof of the great advance made within
+two decades in the position of women. Reversing completely its judgment
+of 1895, the Court left far behind it mere technicalities of law and
+found a sanction for its change of front in the experience of humanity
+and of common sense. These are its conclusions:
+
+"It is known to all men, and of what we know as men we cannot profess to
+be ignorant as judges:
+
+"That woman's physical structure and the performance of maternal
+functions place her at a great disadvantage in the battle of life.
+
+"That while a man can work for more than ten hours a day without injury
+to himself, a woman, especially when the burdens of motherhood are upon
+her, cannot.
+
+"That while a man can work standing upon his feet for more than ten
+hours a day, day after day, without injury to himself, a woman cannot.
+
+"That to require a woman to stand upon her feet for more than ten hours
+in any one day and to perform severe manual labour while thus standing
+has the effect of impairing her health.
+
+"And as weakly and sickly women cannot be the mothers of vigorous
+children, it is of the greatest importance to the public that the State
+take such measures as may be necessary to protect its women from the
+consequences produced by long-continued manual labour in those
+occupations which tend to break them down physically.
+
+"It would seem obvious, therefore, that legislation which limits the
+number of hours which women shall be permitted to work to ten hours in a
+single day in such employments as are carried on in mechanical
+establishments, factories, and laundries would tend to preserve the
+health of women and assure the production of vigorous offspring by them
+and would conduce directly to the health, morals, and general welfare of
+the public, and that such legislation would fall clearly within the
+police powers of the State."
+
+IV. All phenomena that concern family life should be carefully studied
+and their bearing on the state ascertained as exactly as possible.
+There is no subject, for example, from which such wild conclusions are
+drawn as the matter of divorce. The average moralist, but more
+particularly the clergy, seeing the fairly astonishing increase in
+divorce during the last decade, jump to the conclusion that family life
+is decadent and immorality flagrantly on the increase. They point to the
+indubitable fact that a century ago divorces were insignificant in
+number; and they infer that morality was then on a much higher level
+than it is now. Such alarmists neglect certain elementary facts. The
+flippant manner in which marriage is treated by the Restoration
+dramatists and by novelists of the 18th century, the callous sexual
+morality revealed in diaries and in the conversations of men like
+Johnson alone are sufficient to suggest the need of a readjustment of
+one's view regarding the standard of morality in the past. A century ago
+it was the duty of a gentleman to drink to excess; and it was presumed
+that a guest had not enjoyed his dinner unless he was at least
+comfortably the worse for liquor. This view of drunkenness is admirably
+depicted in Dickens's _Pickwick Papers_, where intoxication is treated
+throughout as something merely humorous.
+
+There were just as many unhappy marriages formerly in proportion to the
+population as there are to-day; but the wife was held effectually from
+application for a divorce not only by rigid laws but by the sentiment of
+society, which ostracised a divorced woman, and furthermore by her lack
+of means and of opportunity for earning an independent livelihood.
+To-day women are not inclined to tolerate a husband who is brutal or
+debauched. Alarmists make a mistake when they place too much emphasis on
+the seeming triviality of the reasons, justifying their course, which
+wives advance when applying for a separation. For example, the phrase
+"incompatibility of temperament" is in a great number of cases merely a
+euphemism for something much worse. The clergy will counsel a woman to
+bear with what they call Christian resignation a husband addicted to
+drink or scarred by the diseases that are a consequence of sin.
+Abstractly considered, this may conceivably be good advice. But viewed
+in a common-sense way it is the duty of a woman to reflect on the
+consequences of conceiving children from such a man; and the researches
+of physicians will furnish her with incontrovertible facts regarding the
+impaired health of the offspring of such a union. A law which would
+permit of no divorce under such conditions, instead of benefiting the
+state, would injure it in its most vital asset--healthy children, the
+coming citizens. Doubtless the divorce laws in many States are too lax.
+But sweeping generalities based on theory will not remedy matters.
+Divorce may simply be a symptom, not a disease; a revolt against unjust
+conditions; and the way to do away with divorce or reduce the frequency
+of it is to remedy the evil social conditions which, in a great many
+instances, are responsible.
+
+The fact is, the institution of marriage is going through a crisis. The
+old view that marriage is a complete merging of the wife in the husband
+and that the latter is absolute monarch of his home is being questioned.
+When a man with this idea and a woman with a far different one marry,
+there is likely to be a clash. Marriage as a real partnership based on
+equality of goods and of interests finds an increasing number of
+advocates. There is great reason to believe that the issue will be only
+for the good and that from doubt and revolt a more enduring ideal will
+arise, based on a sure foundation of perfect understanding.
+
+NOTES:
+
+[415] See an excellent article on "The American Woman" by Miss Ida M.
+Tarbell, in the _American Magazine_ for April, 1910.
+
+[416] In 1893. "Be it resolved by the Second Legislature of the State of
+Wyoming:
+
+"That the possession and exercise of suffrage by the women of Wyoming
+for the past quarter of a century has wrought no harm and has done great
+good in many ways; that it has largely aided in banishing crime,
+pauperism, and vice from this State, and that without any violent and
+oppressive legislation," etc.
+
+[417] Women in Colorado have been of greatest service in establishing
+the following laws:
+
+1--Establishing a State Home for dependent children, three of the five
+members of the board to be women.
+
+2--Requiring that at least three of the six members of the county
+visitors shall be women.
+
+3--Making mothers joint guardians of their children with the fathers.
+
+4--Raising the age of protection for girls to 18 years.
+
+5--Establishing a State Industrial School for girls. There had long been
+one for boys, but the women could not get one for girls until they had
+the vote.
+
+6--Removing the emblems from the Australian ballots. This is a little,
+indirect step toward educational qualifications for voting.
+
+7--Establishing the indeterminate sentence for prisoners.
+
+8--Requiring one physician on the board of the Insane Asylum to be a
+woman.
+
+9--Establishing truant schools.
+
+10--Making better provision for the care of the feeble-minded.
+
+11--For tree preservation.
+
+12--For the inspection of private eleemosynary institutions by the State
+Board of Charities.
+
+13--Various steps toward prevention of cruelty to animals.
+
+14--Providing that foreign life and accident insurance companies, when
+sued, must pay the costs.
+
+15--Establishing a juvenile court.
+
+16--Making education compulsory for all children between the ages of 8
+and 16, except those who are ill or those who are 14 and have completed
+the eighth grade, or those whose parents need their help and support.
+
+17--Making the mother and father joint heirs of a deceased child.
+
+18--Providing for union high schools.
+
+19--Establishing a State travelling library commission.
+
+20--Providing that any person employing a child under 14 in any mine,
+mill, or factory be punished by imprisonment in addition to a fine.
+
+21--Requiring the joint signature of the husband and wife to a mortgage
+of a homestead.
+
+22--Forbidding the insuring of the lives of children under 10.
+
+23--Forbidding children of 16 or under to work more than six hours a day
+in any mill, factory, or other occupation that may be unhealthful.
+
+24--Making it a criminal offence to contribute to the delinquency of
+children--the parental responsibility act.
+
+25--Making it a misdemeanour to fail to support aged or infirm parents.
+
+26--Providing that no woman shall work more than eight hours a day at
+work requiring her to be on her feet.
+
+27--Restricting the time for shooting doves.
+
+28--Abolishing the binding out of girls committed to the Industrial
+School until the age of 21.
+
+29--A pure food law in harmony with the national law.
+
+[418] In the _Boston Herald_ for June 4, 1910.
+
+[419] Quoted in the _New York Times_ of Jan. 9, 1910.
+
+[420] See, for example, Lyman Abbott in the _Outlook_ for Feb. 19, 1910.
+
+[421] _American Magazine_, July, 1909.
+
+[422] _History of European Morals_, vol. ii, pp. 379 and following. New
+York, D. Appleton & Co., 1869.
+
+[423] Note, for example, that in Maryland a man can get a divorce if his
+wife has had sexual intercourse before marriage; _but a wife cannot get
+a divorce from her husband if he has been guilty of the same thing_. In
+Texas, adultery on the part of the wife entitles the husband to a
+divorce; but the wife can obtain divorce from her husband only if he has
+_abandoned_ her and _lived_ in adultery with another woman.
+
+[424] On Jan. 12, 1910, a bill was introduced in the House of
+Representatives to check the "White Slave Traffic" by providing a
+penalty of ten years' imprisonment and a fine of five thousand dollars
+for any one who engages in it.
+
+[425] In some it is even lower; _ten_ in Georgia and Mississippi for
+example.
+
+[426] In _Collier's Weekly_, Feb. 5, 1910.
+
+[427] Note what the officers of the Chicago Juvenile Protective
+Association, many of whom are women, accomplished in 1909-1910. These
+women are fighting the agencies which make for juvenile crime mostly and
+each officer has a specified "beat" to patrol. Last year their work
+amounted to the following:
+
+Complaints of selling liquors to minors investigated      295
+Complaints of selling tobacco to minors investigated       52
+Complaints of selling obscene postcards investigated       49
+Complaints of poolrooms investigated                      203
+Complaints of dance halls investigated                     92
+Five and ten cent theatres visited                      1,013
+Penny arcades visited                                      67
+Saloons visited                                           735
+Relief visits                                             174
+Cases referred to relief organisations                    374
+Legal aid cases referred                                  105
+Referred to Visiting Nurses' Association                    7
+Housing cases referred                                     51
+Applications for work referred                            264
+Placed in hospitals                                       103
+Sent to dispensaries                                      192
+Children placed in homes                                  240
+Slot machines removed                                     223
+Work found for men                                         57
+Work found for women                                       81
+Work found for boys                                        84
+Work found for girls                                       90
+Visits to ice-cream parlors                               356
+Visits to candy stores                                    805
+
+VISITS TO COURTS
+
+Juvenile                                                  451
+Municipal                                               1,809
+Criminal                                                  211
+County                                                     86
+Grand Jury                                                 26
+Conferences with state or city officials                1,244
+
+PROSECUTIONS
+
+Cases of abandonment                                     99
+Assault and battery                                       8
+Contributing to delinquency and dependency of children  232
+Crimes against children                                  12
+Disorderly conduct                                      141
+Immoral dancing                                           4
+Intoxicating liquors                                     33
+Juvenile Court cases                                     78
+Larceny                                                   4
+Tobacco                                                  10
+Sale of cocaine                                           4
+Other cases                                             110
+Total prosecutions                                      738
+
+RESULTS
+Convictions                                             311
+Settled out of court                                    100
+Nolle pros, or nonsuit                                   52
+Dismissed                                                93
+Acquittals                                               50
+Pending                                                  92
+                                                      -----
+Total complaints received                             5,047
+
+
+
+CHAPTER X
+
+FURTHER CONSIDERATIONS
+
+
+In the four years intervening since this book was first written, the
+progress of equal rights for women has been so rapid that the summary on
+pages 175-235 is now largely obsolete; but it is useful for comparison.
+In the United States at present (August, 1914), Wyoming, Colorado, Utah,
+Idaho, Washington, California, Oregon, Kansas, Arizona, and Alaska have
+granted full suffrage to women. In the following States the voters will
+pass upon the question in the autumn of 1914: Montana, Nevada, North
+Dakota, South Dakota, Missouri, Nebraska, and Ohio, the last three by
+initiative petition. In New Jersey, Pennsylvania, Iowa, New York, and
+Massachusetts a constitutional amendment for equal suffrage has passed
+one legislature and must pass another before being submitted to the
+people. The advance has been world-wide. Thus, in 1910 the Gaekwar of
+Baroda in India allowed the women of his dominions a vote in municipal
+elections, and Bosnia bestowed the parliamentary suffrage on women who
+owned a certain amount of real estate; Norway in 1913 and Iceland in
+1914 were won to full suffrage. The following table presents a
+convenient historical summary of the progress in political rights:
+
+On July 2, 1776, two days before the Declaration of Independence was
+signed, New Jersey, in her first State constitution, en-franchised the
+women by changing the words of her provincial charter from "Male
+freeholders worth L50" to "_all inhabitants_ worth L50," and for 31
+years the women of that State voted.
+
+GAINS IN EQUAL SUFFRAGE
+
+Eighty years ago women could not vote anywhere, except to a very limited
+extent in Sweden and in a few other places in the Old World.
+
+TIME    PLACE           KIND OF SUFFRAGE
+
+1838    Kentucky        School suffrage to widows with children
+                           of school age.
+1850    Ontario         School suffrage, women married and
+                           single.
+1861    Kansas          School suffrage.
+1867    New South Wales Municipal suffrage.
+1869    England         Municipal suffrage, single women and
+                           widows.
+        Victoria        Municipal suffrage, married and single
+                           women.
+        Wyoming         Full suffrage.
+1871    West Australia  Municipal suffrage.
+1875    Michigan        School suffrage.
+        Minnesota       Do.
+1876    Colorado        Do.
+1877    New Zealand     Do.
+1878    New Hampshire   Do.
+        Oregon          Do.
+1879    Massachusetts   Do.
+1880    New York        Do.
+        Vermont         Do.
+        South Australia Municipal suffrage.
+1881    Scotland        Municipal suffrage to the single women
+                           and widows.
+        Isle of Man     Parliamentary suffrage.
+1883    Nebraska        School suffrage.
+1884    Ontario         Municipal suffrage.
+        Tasmania        Do.
+1886    New Zealand     Do.
+        New Brunswick   Do.
+1887    Kansas          Do.
+        Nova Scotia     Do.
+        Manitoba        Do.
+        North Dakota    School suffrage.
+        South Dakota    Do.
+
+
+TIME  PLACE                 KIND OF SUFFRAGE
+
+1887  Montana . . . . . . . School suffrage
+      Arizona . . . . . . .   Do.
+      New Jersey  . . . . .   Do.
+      Montana . . . . . . . Tax-paying suffrage.
+1888  England . . . . . . . County suffrage.
+      British Columbia. . . Municipal Suffrage.
+      Northwest Territory .   Do.
+1889  Scotland. . . . . . . County suffrage.
+      Province of Quebec. . Municipal suffrage, single women and
+                              widows.
+1891  Illinois. . . . . . . School suffrage.
+1893  Connecticut . . . . .   Do.
+      Colorado. . . . . . . Full suffrage.
+      New Zealand . . . . .   Do.
+1894  Ohio. . . . . . . . . School suffrage.
+      Iowa. . . . . . . . . Bond suffrage.
+      England . . . . . . . Parish and district suffrage, married and
+                              single women.
+1895  South Australia . . .  Full State suffrage.
+1896  Utah. . . . . . . . .  Full suffrage.
+      Idaho . . . . . . . .    Do.
+1898  Ireland . . . . . . .  All offices except members of Parliament.
+      Minnesota . . . . . .  Library trustees.
+      Delaware. . . . . . .  School suffrage to tax-paying women.
+      France. . . . . . . .  Women engaged in commerce can vote
+                               for judges of the tribunal of commerce.
+      Louisiana . . . . . .  Tax-paying suffrage.
+1900  Wisconsin . . . . . .  School suffrage.
+      West Australia. . . .  Full State suffrage.
+1901  New York. . . . . . .  Tax-paying suffrage; local taxation in
+                               all towns and villages of the State.
+      Norway. . . . . . . .  Municipal suffrage.
+1902  Australia . . . . . .  Full suffrage.
+      New South Wales . . .  Full State suffrage.
+1903  Kansas. . . . . . . .  Bond suffrage.
+      Tasmania. . . . . . .  Full State suffrage.
+1905  Queensland. . . . . .    Do.
+1906  Finland . . . . . . .  Full suffrage; eligible for all offices.
+1907  Norway. . . . . . . .  Full parliamentary suffrage to the 300,000
+                               women who already had municipal
+                               suffrage.
+      Sweden. . . . . . . .  Eligible to municipal offices.
+      Denmark . . . . . . .  Can vote for members of boards of public
+                               charities and serve on such boards.
+      England . . . . . . .  Eligible as mayors, aldermen, and county
+                               and town councilors.
+      Oklahoma. . . . . . .  New State continued school suffrage for
+                               women.
+1908  Michigan. . . . . . .  Taxpayers to vote on question of local
+                               taxation and granting of franchises.
+      Denmark . . . . . . .  Women who are taxpayers or wives of
+                               taxpayers vote for all offices except
+                               members of Parliament.
+      Victoria. . . . . . .  Full State suffrage.
+1909  Belgium . . . . . . .  Can vote for members of the conseils
+                               des prudhommes, and also eligible.
+      Province of Voralberg  Single women and widows paying taxes
+        (Austrian Tyrol)       were given a vote.
+      Ginter Park, VA . . .  Tax-paying women, a vote on all
+                               municipal questions.
+1910  Washington. . . . . .  Full suffrage.
+      New Mexico. . . . . .  School suffrage.
+
+
+TIME  PLACE                 KIND OF SUFFRAGE
+
+1910  Norway. . . . . . . . Municipal suffrage made universal.
+                              Three-fifths of the women had it
+                              before.
+      Bosnia. . . . . . . . Parliamentary vote to women owning a
+                              certain amount of real estate.
+      Diet of the Crown . . Suffrage to the women of its capital city
+        Prince of Krain       Laibach.
+        (Austria)
+      India (Gaekwar of . . Women in his dominions vote in municipal
+        Baroda)               elections.
+      Wurttemberg . . . . . Women engaged in agriculture vote for
+        Kingdom of            members of the chamber of agriculture;
+                              also eligible.
+      New York. . . . . . . Women in all towns, villages and
+                              third-class cities vote on bonding
+                              propositions.
+1911  California. . . . . . Full suffrage.
+      Honduras. . . . . . . Municipal suffrage in capital city, Belize.
+      Iceland . . . . . . . Parliamentary suffrage for women over
+                              25 years.
+1912  Oregon. . . . . . . . Full suffrage.
+      Arizona . . . . . . .  Do.
+      Kansas. . . . . . . .  Do.
+1913  Alaska. . . . . . . .  Do.
+      Norway. . . . . . . .  Do.
+      Illinois. . . . . . . Suffrage for statutory officials
+                              (including presidential electors and
+                              municipal officers).
+1914  Iceland . . . . . . . Full suffrage.
+
+In the United States the struggle for the franchise has entered national
+politics, a sure sign of its widening scope. The demand for equal
+suffrage was embodied in the platform of the Progressive Party in
+August, 1912. This marks an advance over Col. Roosevelt's earlier view,
+expressed in the _Outlook_ of February 3, 1912, when he said: "I believe
+in woman's suffrage wherever the women want it. Where they do not want
+it, the suffrage should not be forced upon them." When the new
+administration assumed office in March, 1913, the friends of suffrage
+worked to secure a constitutional amendment which should make votes for
+women universal in the United States. The inauguration ceremonies were
+marred by an attack of hoodlums on the suffrage contingent of the
+parade. Mr. Hobson in the House denounced the outrage and mentioned the
+case of a young lady, the daughter of one of his friends, who was
+insulted by a ruffian who climbed upon the float where she was. Mr.
+Mann, the Republican minority leader, remarked in reply that her
+daughter ought to have been at home. Commenting on this dialogue,
+_Collier's Weekly_ of April 5, 1913, recalled the boast inscribed by
+Rameses III of Egypt on his monuments, twelve hundred years before
+Christ: "To unprotected women there is freedom to wander through the
+whole country wheresoever they list without apprehending danger." If one
+works this out chronologically, said the editor, Mr. Mann belongs
+somewhere back in the Stone Age. In the Senate an active committee on
+woman suffrage was formed under the chairmanship of Mr. Thomas, of
+Colorado. The vote on the proposed new amendment was taken in the Senate
+on March 19, 1914, and it was rejected,[428] 35 to 34, two-thirds being
+necessary before the measure could be submitted to the States for
+ratification. In the House Mr. Underwood, Democratic minority leader,
+took the stand that suffrage was purely a State issue. Mr. Heflin of
+Alabama was particularly vigorous in denunciation of votes for women. He
+said[429]:
+
+"I do not believe that there is a red-blooded man in the world who in
+his heart really believes in woman suffrage. I think that every man who
+favours it ought to be made to wear a dress. Talk about taxation without
+representation! Do you say that the young man who is of age does not
+represent his mother? Do you say that the young man who pledges at the
+altar to love, cherish, and protect his wife, does not represent her and
+his children when he votes? When the Christ of God came into this world
+to die for the sins of humanity, did he not die for all, males and
+females? What sort of foolish stuff are you trying to inject into this
+tariff debate?... There are trusts and monopolies of every kind, and
+these little feminine fellows are crawling around here talking about
+woman suffrage. I have seen them here in this Capitol. The suffragette
+and a little henpecked fellow crawling along beside her; that is her
+husband. She is a suffragette, and he is a mortal suffering yet."
+
+Mr. Falconer of Washington rose in reply. He remarked:[430]
+
+"I want to observe that the mental operation of the average woman in the
+State of Washington, as compared to the ossified brain operation of the
+gentleman from Alabama, would make him look like a mangy kitten in a
+tiger fight. The average woman in the State of Washington knows more
+about social economics and political economy in one minute than the
+gentleman from Alabama has demonstrated to the members of this House
+that he knows in five minutes."
+
+On February 2, 1914, a delegation of women called upon President Wilson
+to ascertain his views. The President refused to commit himself. He was
+not at liberty, he said, to urge upon Congress policies which had not
+the endorsement of his party's platform; and as the representative of
+his party he was under obligations not to promulgate or intimate his
+individual convictions. On February 3, 1914, the Democrats of the House
+in caucus, pursuant to a resolution of Mr. Heflin, refused to create a
+woman suffrage committee. So the constitutional amendment was quite
+lost. In the following July Mr. Bryan suddenly issued a strong appeal
+for equal suffrage in the _Commoner_. Among his arguments were these:
+
+"As man and woman are co-tenants of the earth and must work out their
+destiny together, the presumption is on the side of equality of
+treatment in all that pertains to their joint life and its
+opportunities. The burden of proof is on those who claim for one an
+advantage over the other in determining the conditions under which both
+shall live. This claim has not been established in the matter of
+suffrage. On the contrary, the objections raised to woman suffrage
+appear to me to be invalid, while the arguments advanced in support of
+the proposition are, in my judgment, convincing."
+
+"Without minimising other arguments advanced in support of the extending
+of suffrage to woman, I place the emphasis upon the mother's right to a
+voice in molding the environment which shall surround her children--an
+environment which operates powerfully in determining whether her
+offspring will crown her latter years with joy or 'bring down her gray
+hairs in sorrow to the grave.'
+
+"For a time I was imprest by the suggestion that the question should be
+left to the women to decide--a majority to determine whether the
+franchise should be extended to woman; but I find myself less and less
+disposed to indorse this test.... Why should any mother be denied the
+use of the franchise to safeguard the welfare of her child merely
+because another mother may not view her duty in the same light?"
+
+The change in the status of women has been significant not only in the
+political field, but also in every other direction. A brief survey of
+the legislation of various States in the past year, 1913, reveals the
+manifold measures already adopted for the further protection of women
+and indicates the trend of laws in the near future. Acts were passed in
+Arkansas, Kansas, Missouri, New Mexico, and Ohio to punish the seduction
+of girls and women for commercialised vice, the laws being known as
+"White Slave Acts"; laws for the abatement of disorderly houses were
+passed in California, Minnesota, Oregon, Pennsylvania, and Washington;
+Oregon decreed that male applicants for a marriage license must produce
+a physician's certificate showing freedom from certain diseases; and it
+authorised the sterilisation of habitual criminals and degenerates. The
+necessity of inculcating chastity in the newer generation, whether
+through the teaching of sex hygiene in the schools or in some other
+form, was widely discussed throughout the country. Mothers' pensions
+were granted by fourteen States; minimum wage boards were established by
+three; and three passed laws for the punishment of family desertion, in
+such wise that the family of the offender should receive a certain daily
+sum from the State while he worked off his sentence. Tennessee removed
+the disability of married women arising from coverture. Ten States
+further limited the hours of labour for women in certain industries, the
+tendency being to fix the limit at fifty-four or fifty-eight hours a
+week with a maximum of nine or ten in any one day. The hours of labour
+of children and the age at which they are allowed to work were largely
+restricted. A National Children's Bureau, under the charge of Miss Julia
+Lathrope, has been created at Washington; and Mrs. J. Borden Harriman
+was appointed to the Industrial Relations Commission. The minuteness and
+thoroughness of modern legislation for the protection of women may be
+realised by noting that in 1913 alone New York passed laws that no girl
+under sixteen shall in any city of the first, second, or third class
+sell newspapers or magazines or shine shoes in any street or public
+place; that separate wash rooms and dressing rooms must be provided in
+factories where more than ten women are employed; that whenever an
+employer requires a physical examination, the employee, if a female, can
+demand a physician of her own sex; that the manufacture or repair for a
+factory of any article of food, dolls' clothing, and children's apparel
+in a tenement house be prohibited except by special permit of the Labor
+Commission; that the State Industrial Board be authorised to make
+special rules and regulations for dangerous employments; and that the
+employment of women in canning establishments be strictly limited
+according to prescribed hours.
+
+The unmistakable trend of legislation in the United States is towards
+complete equality of the sexes in all moral, social, industrial,
+professional, and political activities.
+
+In England the House of Commons rejected parliamentary suffrage for
+women. Incensed at the repeated chicanery of politicians who
+alternately made and evaded their promises, a group of suffragettes
+known as the "militants" resorted to open violence. When arrested for
+damaging property, they went on a "hunger strike," refusing all
+nourishment. This greatly embarrassed the government, which in 1913
+devised the so-called "Cat and Mouse Act," whereby those who are in
+desperate straits through their refusal to eat are released temporarily
+and conditionally, but can be rearrested summarily for failure to comply
+with the terms of their parole. The weakness in the attitude of the
+militant suffragettes is their senseless destruction of all kinds of
+property and the constant danger to which they subject innocent people
+by their outrages. If they would confine themselves to making life
+unpleasant for those who have so often broken their pledges, they could
+stand on surer ground. The English are commonly regarded as an orderly
+people, especially by themselves. Nevertheless, it is true that hardly
+any great reform has been achieved in England without violence. The men
+of England did not secure the abolition of the "rotten-borough" system
+and extensive manhood suffrage until, in 1831, they smashed the windows
+of the Duke of Wellington's house, burned the castle of the Duke of
+Newcastle, and destroyed the Bishop's palace at Bristol. In 1839 at
+Newport twenty chartists were shot in an attempt to seize the town; they
+were attempting to secure reforms like the abolition of property
+qualifications for members of Parliament. The English obtained the
+permanent tenure of their "immemorial rights" only by beheading one king
+and banishing another. In our own country, the Boston Tea Party was a
+typical "militant outrage," generally regarded as a fine piece of
+patriotism. If the tradition of England is such that violence must be a
+preliminary to all final persuasion, perhaps censure of the militants
+can find some mitigation in that fact. Some things move very slowly in
+England. In 1909 a commission was appointed to consider reform in
+divorce. Under the English law a husband can secure a divorce for
+infidelity, but a woman must, in addition to adultery, prove aggravated
+cruelty. This is humorously called "British fair play." In November,
+1912, the majority of the commission recommended that this inequality be
+removed and that the sexes be placed on an equal footing; and that in
+addition to infidelity, now the only cause for divorce allowed, complete
+separation be also granted for desertion for three years, incurable
+insanity, and incurable habitual drunkenness. The majority, nine
+commissioners, found that the present stringent restrictions and
+costliness of divorce are productive of immorality and illicit
+relations, particularly among the poorer classes. The majority report
+was opposed by the three minority members, the Archbishop of York, Sir
+William Anson, and Sir Lewis Dibdin, representing the Established
+Church of England and the Roman Catholic Church. Thus far, Parliament
+has not yet acted and the old law is still in force.
+
+On the Continent, with the exception of a few places like Finland, the
+movement for equal suffrage, while earnestly pressed by a few, is not
+yet concentrated. Women have won their rights to higher education and
+are admitted to the universities. They can usually enter business and
+most of the professions. Inequities of civil rights are gradually being
+swept away. For example, in Germany a married woman has complete control
+of her property, but only if she specifically provided for it in the
+marriage contract; many German women are ignorant that they possess such
+a right. The Germans may be divided into two classes: the caste which
+rules, largely Prussian, militaristic, and bureaucratic; and that which,
+although desirous of more republican institutions and potentially
+capable of liberal views, is constrained to obey the first or ruling
+class. This upper class is not friendly to the modern women's-rights
+movement. Perhaps it has read too much Schopenhauer. This amiable
+philosopher, whose own mother could not endure living with him, has this
+to say of women[431]:
+
+"A woman who is perfectly truthful and does not dissemble, is perhaps an
+impossibility. In a court of justice women are more often found guilty
+of perjury than men.... Women are directly adapted to act as the nurses
+and educators of our early childhood, for the simple reason that they
+themselves are childish, foolish, and shortsighted.... Women are and
+remain, taken altogether, the most thorough and incurable Philistines;
+and because of the extremely absurd arrangement which allows them to
+share the position and title of their husbands they are a constant
+stimulus to his ignoble ambitions.... Where are there any real
+monogamists? We all live, at any rate for a time, and the majority of us
+always, in polygamy.... It is men who make the money, and not women;
+therefore women are neither justified in having unconditional possession
+of it nor capable of administering it.... That woman is by nature
+intended to obey, is shown by the fact that every woman who is placed in
+the unnatural position of absolute independence at once attaches herself
+to some kind of man, by whom she is controlled and governed; that is
+because she requires a master. If she is young, the man is a lover; if
+she is old, a priest."
+
+Essentially the opinion of Schopenhauer is that of the Prussian ruling
+class to-day. It is indisputable that in Germany, as elsewhere on the
+Continent, chastity in men outside of marriage is not expected, nor is
+the wife allowed to inquire into her husband's past. The bureaucratic
+German expects his wife to attend to his domestic comforts; he does not
+consult her in politics. The natural result when the masculine element
+has not counterchecks is bullying and coarseness. To find the
+coarseness, the reader can consult the stories in papers like the
+_Berliner Tageblatt_ and much of the current drama; to observe the
+bullying, he will have to see it for himself, if he doubts it. This is
+not an indictment of the whole German people; it is an indictment of the
+militaristic-bureaucratic ruling class, which, persuaded of its divine
+inspiration and intolerant of criticism,[432] has plunged the country
+into a devastating war. It is not unlikely that the end of the conflict
+will mark also the overthrow of the Hohenzollern dynasty. The spirit of
+the Germans of 1848, who labored unsuccessfully to make their country a
+republic, may awake again and realise its dreams. In concluding this
+chapter, I wish to enlarge somewhat upon the philosophy of suffrage as
+exhibited in the preceding chapter. The "woman's sphere" argument is
+still being worked overtime by anti-suffrage societies, whose members
+rather inconsistently leave their "sphere," the home, to harangue in
+public and buttonhole legislators to vote against the franchise for
+women. "A woman's place," says the sage Hennessy, "is in th' home,
+darning her husband's childher. I mean----" "I know what ye mean," says
+Mr. Dooley. "'Tis a favrite argument iv mine whin I can't think iv
+annything to say." A century ago, the home was the woman's sphere.
+To-day the man has deliberately dragged her out of it to work for him in
+factory and store because he can secure her labor more cheaply than that
+of men and is, besides, safer in abusing her when she has no direct
+voice in legislation. Are the manufacturers willing to send their
+1,300,000 female employees back to their "sphere"? If they are not, but
+desire their labor, they ought in fairness to allow them the privileges
+of workmen--that is, of citizens, participating actively in the
+political, social, and economic development of the country.
+
+As women enter more largely into every profession and business, certain
+results will inevitably follow. We shall see first of all what pursuits
+are particularly adapted to them and which ones are not. It has already
+become apparent that as telephone and typewriter operators women, as a
+class, are better fitted than men. They have, in general, greater
+patience for details and quickness of perception in these fields.
+Similarly, in architecture some have already achieved conspicuous
+success. One who has observed the insufficient closet space in modern
+apartments and kitchenettes with the icebox in front of the stove, is
+inclined to wish that male architects would consult their mothers or
+wives more freely. In law and medicine results are not yet clear. We
+shall presently possess more extensive data in all fields for surer
+conclusions.
+
+A second result may be, that many women, instead of leaving the home,
+will be forced back into it. This movement will be accelerated if the
+granting of equal pay for equal work and a universal application of the
+minimum wage take place. There are a great number of positions,
+especially those where personality is not a vital factor, where
+employers will prefer women when they can pay them less; but if they
+must give equal pay, they will choose men. Hence the tendency of the
+movements mentioned is to throw certain classes of women back into the
+home. The home of the future, however, will have lost much of the
+drudgery and monotony once associated with it. The ingenious
+labor-saving devices, like the breadmixer, the fireless cooker, the
+vacuum cleaner, and the electric iron, the propagation of scientific
+knowledge in the rearing of children, and wider outlets for outside
+interests, will tend to make domestic life an exact science, a
+profession as important and attractive as any other.
+
+The home is not necessarily every woman's sphere and neither is
+motherhood. Neither is it every woman's congenital duty to make herself
+attractive to men. The "woman's pages" of newspapers, filled with
+gratuitous advice on these subjects, never tell men that their duty is
+fatherhood or that they should make themselves attractive or that their
+sphere is also the home. Until these one-sided points of view are
+adjusted to a more reasonable basis, we shall not reach an
+understanding. They are as unjust as the farmer who ploughs with a steam
+plow and lets his wife cart water from a distant well instead of
+providing convenient plumbing.
+
+Women who are fitted for motherhood and have a talent for it can enter
+it with advantage. There is a talent for motherhood exactly as there is
+for other things. Other women have genius which can be of greatest
+service to the community in other ways. They should have opportunity to
+find their sphere. If this is "Feminism," it is also simple justice. One
+reason that we are at sea in some of the problems of the women's-rights
+movement, is that the history of women has been mainly written by men.
+The question of motherhood, the sexual life of women, and the position
+of women as it has been or is likely to be affected by their sexual
+characteristics, must be more exactly ascertained before definite
+conclusions can be reached. At present there is too much that we don't
+know. We need more scientific investigations of the type of Mr. Havelock
+Ellis's admirable _Studies in the Psychology of Sex_[433] and less of
+pseudo-scientific lucubrations like Otto Weininger's _Sex and
+Character_. When human society has rid itself of the bogies and
+nightmares, superstitions and prejudices, which have borne upon it with
+crushing force, it will be in a better position to construct an ideal
+system of government. Meanwhile experiments are and must be made. Woman
+suffrage is not necessarily a reform; it is a necessary step in
+evolution.
+
+One venerable bogey I wish to dispose of before I close. It is that the
+Roman Empire was ruined and collapsed because the increasing liberty
+given to women and the equality granted the sexes under the Empire
+produced immorality that destroyed the State. The trouble with Rome was
+that it failed to grasp the fundamentals of economic law. Slavery, the
+concentration of land in a few hands, and the theory that all taxation
+has for its end the enriching of a select few, were the fallacies which,
+in the last analysis, caused the collapse of the Roman Empire. The
+luxury, immorality, and race-suicide which are popularly conceived to
+have been the immediate causes of Rome's decline and fall, were in
+reality the logical results, the inevitable attendant phenomena of a
+political system based on a false hypothesis. For when wealth was
+concentrated in a few hands, when there was no all-embracing popular
+education, all incentives to thrift, to private initiative, and hence to
+the development of the sturdy moral qualities which thrift and
+initiative cause and are the product of, were stifled. A nation can
+reach its maximum power only when, through the harmonious cooperation
+of all its parts, the initiative and talents of every individual have
+free scope, untrammeled by special privilege, to reach that sphere for
+which nature has designed him or her.
+
+NOTE: The official organ of the National American Woman Suffrage
+Association is _The Woman's Journal_, published weekly. The headquarters
+are at 505 Fifth Avenue, New York City.
+
+England has two organisations which differ in methods. The National
+Union of Women's Suffrage Societies has adopted the constitutional or
+peaceful policy; it publishes _The Common Cause_, a weekly, at 2 Robert
+Street, Adelphi, W.C., London. The "militant" branch of suffragettes
+forms the National Women's Social and Political Union, and its weekly
+paper is _Votes for Women_, Lincoln's Inn House, Kingsway, W.C.
+
+The International Woman Suffrage Alliance issues the _Jus Suffragii_
+monthly at 62 Kruiskade, Rotterdam.
+
+A good source from which to obtain the present status of women in Europe
+is the _Englishwoman's Year Book and Directory for 1914_, published by
+Adam and Charles Black.
+
+NOTES:
+
+[428] Twenty-six senators did not vote. The question of negro suffrage
+complicated the matter with Southern senators. Mr. Williams of
+Mississippi wished to limit the franchise to "white citizens"; but his
+amendment was voted down. The list of senators voting for and against
+the woman suffrage amendment appears on page 5472 of the Congressional
+Record, March 19, 1914. The debate is contained in pages 5454-5472.
+Senator Tillman of South Carolina inserted a vicious attack on northern
+women by the late Albert Bledsoe, who advised them to "cut their hair
+short, and their petticoats, too, and enter a la bloomer the ring of
+political prizefighters." Bledsoe's article will be found in the Record,
+July 28, 1913, 3115-3119.
+
+[429] Record, May 6, 1913, 1221-1222.
+
+[430] Record, May 6, 1913, 1222.
+
+[431] Essays of Schopenhauer. Translated by Mrs. Rudolf Dircks Pages
+64-79.
+
+[432] Any criticism of the Kaiser leads to arrest. The most vigorous
+checks to Bourbon rule come from the Socialists, who in 1912 polled
+4,250,300 votes. But as the Kaiser, as King of Prussia, controls a
+majority of votes in the Bundesrath, or Federal Council, can dissolve
+the Reichstag, or House of Representatives, at any time with the consent
+of the Bundesrath, has sole power to appoint the chancellor, and is lord
+supreme of the army and navy, anything like real popular government is
+far off.
+
+[433] Philadelphia, 1906. The F.A. Davis Company.
+
+
+
+
+INDEX
+
+A
+
+Adultery, under Roman Law,
+  laws modified by Justinian,
+  among Germanic peoples,
+  see also under various States.
+
+Age of Consent, under English Law,
+  in the United States,
+  see also under various States.
+
+Alabama,
+
+Apostles, teachings about women,
+
+Arizona,
+
+Arkansas,
+
+Attainder, bills of, in Roman Empire,
+  laws of Arcadius, Honorius, and Constantine,
+  of Pope Innocent III.
+
+
+B
+
+Breach of Promise, under Roman Law,
+  modification by Constantine,
+  by Justinian,
+
+Business, woman in, under Roman Empire,
+  in England,
+  in the United States
+  see also under each State
+
+
+C
+
+California,
+
+Chastisement, right of husband to chastise wife under English Law,
+
+Christ, teachings about women,
+
+Colorado,
+
+Connecticut,
+
+Consent of women to marriage, under Roman Law,
+  opinions of Church Fathers,
+  enactments of Christian Emperors,
+
+Crimes against women, under Roman Law,
+  among Germanic peoples,
+  under English Law,
+
+Curtesy, defined,
+  under English Law,
+  see also under various States.
+
+Custom, power of,
+
+
+D
+
+Delaware,
+
+Discrepancy in wages paid to women,
+
+District of Columbia,
+
+Divorce, under Roman Law;
+  modified by Theodosius and Valentinian;
+  by Justinian;
+  by Justin;
+  among Germanic peoples;
+  under Canon Law;
+  under English Law;
+  general considerations;
+  see also under various States.
+Double standard of morality
+Dower, defined;
+  right of, in English Law;
+  see also under different States.
+Dowry, under Roman Law;
+  among ancient Gauls;
+  among Germanic peoples
+
+
+E
+
+Education, rights of women to an,
+  under Roman Empire;
+  in England;
+  in the United States
+
+
+F
+
+Fathers of the Church, their commands concerning women
+Florida
+
+
+G
+
+Georgia
+Gifts between husband and wife, under Roman Law;
+  changes by Justinian
+Guardian, decay of power of, under Roman Law
+Guardians, women as, under Roman Law;
+  laws modified by Justinian;
+  see also under various States.
+Guardianship under Roman Law;
+  among Germanic peoples,
+
+
+H
+
+Husband and wife, under Roman Law;
+  among Germanic peoples;
+  under Canon Law;
+  under English Law;
+  see also under various States
+
+
+I
+
+Idaho
+Illinois;
+  Ritchie case,
+Indian Territory
+Indiana
+Inheritance rights of women, under Roman Law;
+  modified by Justinian;
+  among Germanic peoples;
+  under English Law
+Intellectual inferiority of women, argument discussed
+Iowa
+
+
+J
+
+Jewish ideas about women
+
+K
+
+Kansas
+Kentucky
+
+
+L
+
+Lecky, analysis of character of women
+Louisiana
+
+M
+
+Macaulay on the effects of freedom
+Maine
+Marriage, women in, under Roman Law;
+  opinions of Church Fathers;
+  among ancient Gauls and Germans;
+  among Germanic peoples;
+  under Canon Law;
+  under English Law;
+  modern changes in views of;
+  see also under various States.
+Maryland
+Massachusetts
+Michigan
+Minnesota
+Mississippi
+Missouri
+Montana
+Moral argument against suffrage
+
+
+N
+
+Nebraska
+Nevada
+New Hampshire
+New Jersey
+New Mexico
+New York
+North Carolina
+North Dakota
+
+
+O
+
+Ohio
+Oklahoma
+Old Maid, treatment of, by Christians
+Oregon
+
+
+P
+
+Partiality of Roman Law to women
+Pennsylvania
+Physiological argument against suffrage
+Political or social argument against suffrage
+Power of father, under Roman Law;
+  under early Christians;
+  among Germanic peoples;
+  under English Law
+Professions, women in, in England;
+  in United States, and see under
+  various States;
+  need of opening all, to women
+Property rights of married women, under Roman Law;
+  among Germanic peoples;
+  under English Law;
+  of widows and single women, under Roman Law;
+    among Germanic peoples;
+    under English
+Law,
+  in the United States,
+Protection of property of children under Roman Law,
+
+
+R
+
+Respect for women, among Romans,
+  among ancient Germans,
+Rhode Island,
+Ritchie case in Illinois,
+Roman Catholic Church, attitude to women,
+
+
+S
+
+Second marriages, opinions of Church Fathers concerning,
+  Legislation of Christian Emperors,
+Slaves, women, under Roman Law,
+  among Germanic peoples,
+  under Canon Law,
+South Carolina,
+South Dakota,
+Suffrage, woman, in England,
+  in the United States,
+  see also under various States.
+Suits, women engaging in, under Roman Law,
+
+
+T
+
+Tennessee,
+Texas,
+Theological argument against women's rights,
+Training of women for higher ideals,
+
+
+U
+
+Utah,
+
+
+V
+
+Vermont,
+Vestal Virgins,
+Virginia,
+
+
+W
+
+Washington,
+West Virginia,
+Wisconsin,
+Women: see under _Divorce, Dowry, Marriage, Husband and Wife_, etc.
+Wyoming,
+
+
+
+
+INDEX TO SUPPLEMENTARY CHAPTER
+
+A
+
+Advance of equal suffrage, chronological tables,
+Amendment, constitutional, for suffrage;
+  rejected by Senate;
+  and by House
+
+B
+
+Bryan, favours suffrage
+
+C
+
+Cat and Mouse Act
+
+D
+
+Divorce, proposals for reform defeated in England
+
+E
+
+Europe, general status of women's rights in
+
+F
+
+Falconer, Congressman, reply to Heflin
+Feminism
+
+G
+
+Germany, position of women in
+
+H
+
+Heflin, Congressman, speech on suffrage
+
+J
+
+Journals, official, of various women's organisations
+
+L
+
+Legislation, most recent examples of, for protection of
+  women
+
+M
+
+Mann, Congressman, remarks on suffrage parade
+Militant suffragettes
+
+R
+
+Roman Empire, assumption that its fall was due to liberty allowed women
+Roosevelt, opinion on suffrage
+
+S
+
+Schopenhauer, remarks on nature of women
+Sphere, woman's sphere argument
+
+T
+
+Tendencies and results of women's rights movement
+
+W
+
+Wilson, President, position on suffrage
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of A Short History of Women's Rights
+by Eugene A. Hecker
+
+*** END OF THIS PROJECT GUTENBERG EBOOK A SHORT HISTORY OF WOMEN'S RIGHTS ***
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+++ b/old/11672.zip