In England, and down to 1870, the common law of the land gave to the
husband all the personal property of the wife. Only with regard to real
estate were her proprietary rights safeguarded; the husband,
nevertheless, had the right of administration and of use. At the bar of
law, the English woman was a zero: she could perform no legal act, not
even execute a valid testament; she was a veritable serf of her husband.
A crime committed by her in his presence, he was answerable for: she was
at all points a minor. If she injured any one, damage was assessed as if
done by a domestic animal: the husband was held. According to an address
delivered in 1888 by Bishop J. N. Wood in the chapel of Westminster, as
recently as a hundred years ago the wife was not allowed to eat at table
or to speak before she was spoken to: above the bed hung a stout whip,
that the husband was free to use when the wife displayed ill temper:
only her daughters were subject to her orders: her sons saw in her
merely a female servant. Since 1870 and 1882, the wife is not merely
secured in the sole possession of the property that she brings with her,
she is also the proprietor of all she earns, or receives by inheritance
or gift. These rights can be altered only by special contract between
the husband and wife. English legislation followed the example of the
United States.
Particularly backward is the civil law of France, of most of the Swiss
cantons, of Belgium, etc., in the matter of woman's civic rights.
According to the _Code Civil_, the husband could sue for divorce upon
the adultery of the wife; she, however, could institute such an action
only if the husband kept his concubine at his own home (Article 230).
This provision has been repealed by the divorce law of July 27, 1884,
but the difference continues in force in the French criminal code,--a
characteristic manoeuvre on the part of the French legislator. If the
wife is convicted of adultery, _she is punished with imprisonment for
not less than two months nor more than three years. The husband is
punished only when, according to the spirit of the former Article 230 of
the Code Civil, he keeps a concubine under the domestic roof against the
wish of his wife. If found guilty, he is merely fined not less than 100
and not more than 1,000 francs._ (Arts. 337 and 339 _Code Penal_.) Such
inequality before the law were impossible if but one woman sat in the
French Parliament. A similar law exists in Belgium. The punishment for
adultery by the wife is the same as in France; the husband is liable
only if the act of adultery is committed at the home of the married
couple: he may then suffer imprisonment for not less than one month, or
more than one year. Slightly juster is, accordingly, the law in Belgium
than in France; nevertheless, in the one place as in the other, there
are two different standards of right, one for the husband, another for
the wife. Similar provisions exist, under the influence of French law,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account