English poetry -- 19th century; Women -- History; Women -- Social conditions; Women -- Suffrage
Lest it should be objected that such abuses—with their consequences—as
have been instanced in India, are peculiar to that country or
civilisation, and that their discussion has therefore no bearing on our
practices in England, and the physical consequences ensuant here, it
will be salutary to recall what has been our own national conduct in
this matter of enforcement of immature physical relations on girl
children or “wives” within times of by no means distant date. Blackstone
tells in his “Commentaries,” Book II., Chap. VIII., that “The wife must
be above nine years old at her husband’s death, otherwise she shall not
be endowed, though in Bracton’s time the age was indefinite, and dower
was then only due ‘si uxor possit dotem promereri, _et virum
sustinere_.’” Whereupon Ed. Christian makes the following note, worthy
of the most careful meditation:—“Lord Coke informs us that ‘if the wife
be past the age of nine years at the time of her husband’s death, she
shall be endowed, of what age soever her husband be, albeit he were but
_four_ years old. Quia junior non potest dotem promereri, _et virum
sustinere_.’ (Coke on Litt., 33.) This we are told by that grave and
reverend judge without any remark of surprise or reprobation. But it
confirms the observation of Montesquieu in the ‘Spirit of Laws,’ Book
XXVI., Chap. III. ‘There has been,’ says he, ‘much talk of a law in
England which permitted girls seven years old to choose a husband. This
law was shocking two ways; it had no regard to the time when Nature
gives maturity to the understanding, nor to the time when she gives
maturity to the body.’ It is abundantly clear, both from our law and
history, that formerly such early marriages were contracted as in the
present times are neither attempted nor thought of.
“This was probably owing to the right which the lord possessed of
putting up to sale the marriage of his infant tenant. He no doubt took
the first opportunity of prostituting (_i.e._, selling in marriage) the
infant to his own interest, without any regard to age or inclinations.
And thus what was so frequently practised and permitted by the law would
cease even in other instances to be considered with abhorrence. _If the
marriage of a female was delayed till she was sixteen, this benefit was
entirely lost to the lord her guardian._
“Even the 18 Eliz., cap. 7, which makes it a capital crime to abuse a
consenting female child under the age of ten years, seems to leave an
exception for these marriages by declaring only the _carnal and
unlawful_ knowledge of such woman-child to be a felony. Hence the
abolition of the feudal wardships and marriage at the Restoration may
perhaps have contributed not less to the improvement of the morals than
of the liberty of the people.”—(Blackstone’s Comm., Christian’s Edition,
1830, Vol. II., p. 131.)
6.—“... _manner_ ...”
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