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
By the old Roman laws, the married woman had no personal rights; she
was but the head slave in her husband's house, absolutely subject in all
things to her lord. As the Romans became civilised, these disabilities
were gradually removed. It is important to remember these facts, as
these are the origin of our own marriage laws, and our common law really
grows out of them.
One other point must be noticed, before dealing immediately with the
English marriage laws, and that is the influence exerted over them by
ecclesiastical Christianity.
The Old Testament expressly sanctions polygamy; but while the New
Testament does not proscribe it--except in the case of bishops and
deacons--ecclesiastical Christianity has generally been in favour of
monogamy; at the same time, both the New Testament and the Church have
insisted on the inferiority of the female sex; "the husband is the
head of the wife" (Eph. v. 23); "wives, submit yourselves unto your
own husbands" (Col. iii. 18); "your women... are commanded to be under
obedience" (1 Cor. xiv. 34); "ye wives, be in subjection to your
own husbands... even as Sara obeyed Abraham, calling him lord, whose
daughters ye are as long as ye do well" (1 Pet. iii. 1, 6). The
common law of England is quite in accordance with this ancient Eastern
teaching, and regards men as superior to women; "Among the children of
the purchaser, males take before females, or, as our male lawgivers,
have expressed it, the worthiest of blood shall be preferred" ("Comm, on
the Laws of England," J. Stephen, 7th ed. vol. i. p. 402).
The feudal system did much, of course, to perpetuate the subjection of
women, it being to the interest of the lord paramount that the fiefs
should descend in the male line in those rough ages, when wars and civil
feuds were almost perpetual, it was inevitable that the sex with the
biggest body and strongest sinews should have the upper hand; the pity
is that English gentlemen to-day are content to allow the law to remain
unaltered, when the whole face of society has changed.
Let us now turn to the disabilities imposed upon women by marriage.
Public-domain text, read in full here on John Shaqi.
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