The peculiarity of England's development is that in its case we seem
to have the only exception to the law I formulated--that the
position of woman improves with the growth of culture. From the
fourteenth to the seventeenth century culture enormously advanced,
and the position of woman steadily deteriorated. In the early
decades of the seventeenth century we find an Englishwoman, Anne
Clifford, struggling against the monarch for the hereditary right to
a high office. Women burgesses and landowners could still share the
election of parliamentary representatives; but at the beginning of
the seventeenth century this right was taken from them, and the
sex-disability was imposed. Sir Edward Coke, relying chiefly on St.
Paul's injunctions to women, successfully removed the last trace of
the old Teutonic ideal.
Here, at first sight, is an apparent exception to our alliance of
feminism and culture; but, in reality, we have a number of modifying
circumstances. The long lawlessness of the Middle Ages had made men
less and less disposed to see women in office or in public life. The
head, even of a manor, needed to be a soldier in those days. Women
often proved capable enough of inspiring and directing their
followers, but it is quite intelligible that there was a strong
tendency towards discouraging or preventing women from holding
office in such turbulent times. And with this tendency was joined
the even worse influence of the canon law of the Church. When we
find a great lawyer like Sir Edward Coke refusing the testimony of
women, on grounds of sex, we see at once how this fatal sentiment
had been gradually permeating the mind of England. It had put woman
in a deplorable legal position--or, rather, a position outside the
law--and it inevitably fostered the notion of woman's inferiority
and incapacity. Before the end of the eighteenth century we find
legal writers classing women with "infants, idiots, and lunatics" in
illustrating "natural incapacity." In this way the growth of culture
came to be, in England, associated with a deterioration in the
position of women; but the circumstance does not invalidate our law,
as the retrogression was plainly due to such extraneous causes as
the permeation of our life with the spirit and letter of the canon
law, as Sir Henry Maine has shown.
Public-domain text, read in full here on John Shaqi.
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