Marriage, As It Was, As It Is, and As It Should Be: A Plea for ReformBesant, Annie
Philosophy
Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform
Besant, Annie
Marriage -- Great Britain; Marriage law -- Great Britain
Coming to the second "right," of "personal liberty," we find that a
married woman has no such right. Blackstone says, as we have seen:
"the confinement of a person in any wise is an imprisonment So that the
keeping a man against his will in a private house... is an imprisonment"
(p. 136). But a husband may legally act as his wife's gaoler; "the
courts of law will still permit a husband to restrain his wife of her
liberty, in case of any gross misbehaviour" (Blackstone, p. 445). "If
the wife squanders his estate, or goes into lewd company, he may deprive
her of liberty" (Comyn's Digest, under "Baron and Feme"). Broom says
that at the present time "there can be no question respecting the
common-law right of a husband to restrain his wife of her personal
liberty, with a view to prevent her going into society of which he
disapproves, or otherwise disobeying his rightful authority; such right
must not, however, be exercised unnecessarily, or with undue severity:
and the moment that the wife by returning to her conjugal duties, makes
restraint of her person unnecessary, such restraint becomes unlawful"
(vol. i, p. 547). In the year 1877 a publican at Spilsby chained up his
wife to the wall from one day to the afternoon of the following one, in
order, he said, to keep her from drink; the magistrates dismissed him
without punishment. It may be argued that a woman should not get drunk,
go into bad company, &c. Quite so; neither should a man. But would men
admit, that under similar circumstances, a wife should have legal power
to deprive her husband of liberty? If not, there is no reason in justice
why the husband should be permitted to exercise it. Offences known to
the law should be punished by the law, and by the law alone; offences
which the law cannot touch should entail no punishment on an adult at
the hands of a private individual. Public disapproval may brand them,
but no personal chastisement should be inflicted by arbitrary and
irresponsible power.
The third right, of "property," has also no existence for married women.
Unmarried women have here no ground for complaint: "A _feme sole_,
before her marriage, may do all acts for disposition, etc., of her
lands or goods which any man in the same circumstances may do" (Comyn's
Digest, under "Baron and Feme"). The disabilities which affect women
as women do not touch property; a _feme sole_ may own real or personal
estate, buy, sell, give, contract, sue, and be sued, just as though
she were of the "worthier blood;" it is marriage that, like felony and
insanity, destroys her capability as proprietor. According to the common
law--with which we will deal first--the following results accrued from
marriage:--
Public-domain text, read in full here on John Shaqi.
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