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
Mr. Russell Gurney, in moving (April 14, 1869) the second reading of
the Bill, observed: "It is now proposed that, for the first time in our
history, the property of one half of the married people of this country
should receive the protection of the law. Up to this time the property
of a wife has had no protection from the law, or rather, he should say,
in the eye of the law it has had no existence. From the moment of her
marriage the wife, in fact, possesses no property; whatever she may up
to that time have possessed, by the very act of marriage passes from
her, and any gift or bequest made to her becomes at once the property
of the husband. Nay, Even that which one might suppose to be her
inalienable right, the fruit of her mental or bodily toil, is denied
her. She may be gifted with powers which enable her to earn an ample
fortune, but the moment it is earned, it is not hers,' it is her
husband's. In fact, from the time of her entering into what is described
as an honourable estate, the law pronounces her unfit to hold any
property whatever."
Mr. Jessel (now Master of the Rolls) in seconding the motion, in the
course of an able and impassioned speech, said: "The existing law is a
relic of slavery, and the House is now asked to abolish the last remains
of slavery in England. In considering what ought to be the nature of
the law, we cannot deny that no one should be deprived of the power of
disposition, unless on proof of unfitness to exercise that power; and
it is not intelligible on what principle a woman should be considered
incapable of contracting immediately after she has, with the sanction
of the law, entered into the most important contract conceivable. The
slavery laws of antiquity are the origin of the common law on this
subject. The Roman law originally regarded the position of a wife as
similar to that of a daughter who had no property, and might be sold
into slavery at the will of her father. When the Roman law became that
of a civilised people, the position of the wife was altogether
changed.... The ancient Germans--from whom our law is derived--put the
woman into the power of her husband in the same sense as the ancient
Roman law did. She became his slave. The law of slavery--whether Roman
or English--for we once had slaves and slave-laws in England--gave to
the master of a slave the two important rights of flogging and
imprisoning him. A slave could not possess property of his own, and
could not make contracts except for his master's benefit, and the master
alone could sue for an injury to the slave; while the only liability of
the master was that he must not let his slave starve. This is exactly
the position of the wife under the English law; the husband has the
right of flogging and imprisoning her, as may be seen by those who read
Blackstone's chapter on the relations of husband and wife. She cannot
possess property--she cannot contract, except it is as his agent; and he
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