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
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.
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