basis from their personal incapacities, and it is by keeping alive and
consolidating the former that the expositors of the Canon Law have
deeply injured civilisation. There are many vestiges of a struggle
between the secular and ecclesiastical principles, but the Canon Law
nearly everywhere prevailed. In some of the French provinces married
women, of a rank below nobility, obtained all the powers of dealing
with property which Roman jurisprudence had allowed, and this local
law has been largely followed by the Code Napoleon; but the state of
the Scottish law shows that scrupulous deference to the doctrines of
the Roman jurisconsults did not always extend to mitigating the
disabilities of wives. The systems however which are least indulgent
to married women are invariably those which have followed the Canon
Law exclusively, or those which, from the lateness of their contact
with European civilisation, have never had their archaisms weeded out.
The Scandinavian laws, harsh till lately to all females, are still
remarkable for their severity to wives. And scarcely less stringent in
the proprietary incapacities it imposes is the English Common Law,
which borrows far the greatest number of its fundamental principles
from the jurisprudence of the Canonists. Indeed, the part of the
Common Law which prescribes the legal situation of married women may
serve to give an Englishman clear notions of the great institution
which has been the principal subject of this chapter. I do not know
how the operation and nature of the ancient Patria Potestas can be
brought so vividly before the mind as by reflecting on the
prerogatives attached to the husband by the pure English Common Law,
and by recalling the rigorous consistency with which the view of a
complete legal subjection on the part of the wife is carried by it,
where it is untouched by equity or statutes, through every department
of rights, duties, and remedies. The distance between the eldest and
latest Roman law on the subject of Children under Power may be
considered as equivalent to the difference between the Common Law and
the jurisprudence of the Court of Chancery in the rules which they
respectively apply to wives.
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