British freewomen : $b Their historical privilegeStopes, C. C. (Charlotte Carmichael)
History
British freewomen : $b Their historical privilege
Stopes, C. C. (Charlotte Carmichael)
Women -- Great Britain; Women -- History
The Feudal System has been credited with limiting Personality and
Privilege to males; therefore it startles some students of history to
find that it was only on the extinction of the Feudal System, and the
translation of service-payments into money-payments, that women lost the
definite place assigned to them. Women’s rights came second in Feudal
Times, because they had to be protected by men’s swords; women’s rights
came nowhere in later times, when freedom towards property would have
made them able to protect themselves. The encroachments naturally took
place first in regard to married women. In ancient times even a married
woman could be “free,” both as an inheritor and as an earner. In the
very highest ranks she remained so. She was free to contract, to sign,
to seal, to act as a _feme sole_. On her marriage she conferred her
title on her husband, as men did theirs upon their wives. The lands were
held in common. The responsibilities she could not undertake herself, he
fulfilled as her representative. When she died he lost his
representative character; his tenure of her lands was only “by
courtesy,” and that only if he had a child by her; if not, they reverted
at her death to the donor. (_See_ “Statutes of Realm,” vol. i., p. 220.)
But a widow also could hold her husband’s lands under certain
conditions, either by her marriage settlement, her husband’s will, the
King’s gift, or “the courtesy of England.” Many examples of widows doing
so are given later. Even where there were heirs, and her husband died
intestate, a widow had a legal right to the third part of her husband’s
property. In Kent she had a right to the half till she married again, as
a man held the half of his wife’s property till he married again. (_See_
“The Customal of Kent.”)
The Laws of Chivalry refined the Upper Classes, inculcating Truth,
Loyalty, Chastity, Courtesy, Liberality, Reverence for Women and
Generosity to the Weak. But the real foundation of Privilege in
Chivalric times was practically Strength, Courage and Success among men.
Beauty, Grace and Honour among women. These qualities being temporary,
were not synonymous with Justice. The position of Divinity is an
unstable one, depending on the attitude of the worshippers. When
Chivalry faded out of men’s hearts, women felt that the outer shell of
custom meant little. It only set them on the shelf.
A tone of Chivalry affected the hearts of the traders and manufacturers
of Chivalric Times, a tone healthier, because more founded on justice
and equality. There was even then a confusion of ideas between
return-value of labour abroad, and labour at home; but there was no
confusion about the return-values of similar labour performed by men or
by women. Women were equal in all social guilds, and trading women were
equal in trading guilds.
Public-domain text, read in full here on John Shaqi.
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