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
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
Public-domain text, read in full here on John Shaqi.
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