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.Hecker, Eugene A. (Eugene Arthur)
History
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.
Hecker, Eugene A. (Eugene Arthur)
Women's rights -- History
[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.]
Public-domain text, read in full here on John Shaqi.
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