A brief summary in plain language of the most important laws concerning women : $b together with a few observations thereonBodichon, Barbara Leigh Smith
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A brief summary in plain language of the most important laws concerning women : $b together with a few observations thereon
Bodichon, Barbara Leigh Smith
Women -- Legal status, laws, etc. -- Great Britain
A woman of twenty-one becomes an independent human creature,[3] capable
of holding and administering property to any amount; or, if she can
earn money, she may appropriate her earnings freely to any purpose she
thinks good. Her father has no power over her or her property. But if
she unites herself to a man, the law immediately steps in, and she
finds herself legislated for, and her condition of life suddenly and
entirely changed. Whatever age she may be of, she is again considered
as an infant--she is again under ‘_reasonable restraint_’--she loses
her separate existence, and is merged in that of her husband.
‘In short,’ says Judge Hurlbut, ‘a woman is courted and wedded as an
angel, and yet denied the dignity of a rational and moral being ever
after.’
‘The next thing that I will show you is this particularitie of law;
in this consolidation which we call wedlock is a locking together;
it is true that man and wife are one person, but understand in what
manner. When a small brooke or little river incorporateth with
Rhodanus, Humber, or the Thames, the poore rivulet loseth her name, it
is carried and re-carried with the new associate, it beareth no sway,
it possesseth nothing during coverture. A woman as soone as she is
married is called covert, in Latine _nupta_, that is, vailed, as it
were clouded and overshadowed she hath lost her streame.... I may more
truly farre away say to a married woman, her new selfe is her superior,
her companion, her master. The mastership shee is fallen into may be
called in a terme which civilians borrow from Æsop’s Fables, _Leonina
societate_.’[4]
Truly ‘she hath lost her streame,’ she is absorbed, and can hold
nothing of herself, she has no legal right to any property; not even
her clothes, books, and household goods are her own, and any money
which she earns can be robbed from her legally by her husband, nay,
even after the commencement of a treaty of marriage she cannot dispose
of her own property without the knowledge of her betrothed. If she
should do so, it is deemed a fraud in law, and can be set aside after
marriage as an injury to her husband.
It is always said, even by those who support the existing law, that
it is in fact never acted upon by men of good feeling. That is true;
but the very admission condemns the law, and it is not right that the
good feeling of men should be all that a woman can look to for simple
justice. This is the usual argument to support all bad laws.
There is now a large and increasing class of women who gain their own
livelihood, and the abolition of the laws which give husbands this
unjust power is most urgently needed.
Public-domain text, read in full here on John Shaqi.
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