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WOMEN

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Originally appearing in Volume V28, Page 788 of the 1911 Encyclopedia Britannica.
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WOMEN  . The very word " woman " (0 . Eng. wlfmann), etymologically meaning a wife (or the wife See also:

division of the human See also:race, the See also:female of the See also:species Homo), sums up a See also:long See also:history of dependence and subordination, from which the women of to-See also:day have only gradually emancipated themselves in such parts of the See also:world as come under " Western See also:civilization." Though married See also:life and its duties necessarily See also:form a predominant See also:element in the woman's See also:sphere, they are not necessarily the whole of it; and the " woman's See also:movement " is essentially a struggle for the recognition of equality of opportunity with men, and for equal rights irrespective of See also:sex, even if See also:special relations and conditions are willingly incurred under the form of See also:partnership involved in See also:marriage . The difficulties of obtaining this recognition are obviously due to See also:historical causes combined with the habits and customs which history has produced . The dependent position of women in See also:early See also:law is proved by the See also:evidence of most See also:ancient systems which have in whole or Early taw. in See also:part descended to us.' In the See also:Mosaic law See also:divorce was a See also:privilege of the See also:husband only,' the See also:vow of a woman might be disallowed by her See also:father or husband,' and daughters could inherit only in the See also:absence of sons, and then they must marry in their tribe.' The See also:guilt or innocence of a wife accused of See also:adultery might be tried by the See also:ordeal of the See also:bitter See also:water.' Besides these instances, which illustrate the 1 But in the earliest extant See also:code, however, that of Khammurabi, the position of women was See also:free and dignified . See BABYLONIAN LAW . 2 Deut. See also:xxiv. r . 3 Numb. See also:xxx . 3 . ' Numb. See also:xxvii., See also:xxxvi . 6 Numb. v. r r.subordination of women, there was much legislation dealing with, inter alia, offences against chastity, and marriage of a See also:man with a See also:captive See also:heathen woman or with a See also:purchased slave . So far from second marriages being restrained, as they were by See also:Christian legislation, it was the See also:duty of a childless widow to marry her deceased husband's See also:brother .

In See also:

India subjection was a See also:cardinal principle . " Day and See also:night must women be held by their protectors in a See also:state of dependence," says Manus The See also:rule of See also:inheritance was agnatic, that is, descent traced through See also:males to the exclusion of See also:females .? The See also:gradual growth of stridhana, or See also:property of a woman given by the husband before or after marriage, or by the wife's See also:family, may have led to the See also:suttee, for both the family of the widow and the Brahmans had an See also:interest in getting the lite See also:estate of a woman out of the way s Women in See also:Hindu law had only limited rights of inheritance, and were disqualified as witnesses . In See also:Roman law a woman was even in historic times completely dependent . If married she and her property passed into the See also:power of her husband; if unmarried she was (unless a vestal virgin) under the perpetual tutelage of her father during his life, and after his See also:death of her See also:agnates, that is, those of her kinsmen by See also:blood or See also:adoption who would have been under the power of the See also:common ancestor had he lived . Failing agnates, the tutelage probably passed to the gens . The wife was the purchased property of her husband, and, like a slave, acquired only for his benefit . A woman could not exercise any See also:civil or public See also:office . In the words of See also:Ulpian, " feminae ab See also:omnibus officiis civilibus vel publicis remotae sunt." 9 A woman could not continue a family, for she was "caput et finis familiae suae,"10 could not be a See also:witness, See also:surety, See also:tutor, or See also:curator; she could not adopt or be adopted, or make a will or See also:contract . She could not succeed ab intestato as an agnate, if further removed than a See also:sister . A daughter might be disinherited by a See also:general clause, a son only by name . On the other See also:hand, a woman was privileged in some matters, but rather from a feeling of pity for her bodily weakness and presumed See also:mental incapacity" than for any more worthy See also:reason .

Thus she could plead See also:

ignorance of law as a ground for dissolving an See also:obligation, which a man could not as a rule do; she could accuse only in cases of See also:treason and See also:witchcraft; and she was in certain cases exempt from See also:torture . In See also:succession ab intestata to immovable property Roman law did not, as does See also:English, recognize any privilege of males over females . Legal disabilities were gradually mitigated by the See also:influence of See also:fictions, the praetorian See also:equity and legislation . An example of the first was the mode by which a woman freed herself from the authority of her tutor by fictitious cession into the authority of a tutor nominated by herself, or by See also:sale of herself into the power of a nominal husband on the understanding that he was at once to emancipate her to another See also:person, who then manumitted her . The See also:action of equity is illustrated by the recognition by the See also:praetor of cognatic or natural as distinguished from agnatic or artificial relationship, and of a widow's claim to succeed on the death of her husband intestate and without relations . Legislation, beginning as early as the Twelve Tables, which for-bade excessive See also:mourning for the dead by female mourners, did not progress uniformly towards enfranchisement of women . For instance, the Lex Voconia (about 169 B.C.), called by St See also:Augustine the most unjust of all See also:laws, provided that a woman could not be instituted See also:heir to a man who was registered as owner of a See also:fortune of Soo,000 asses 12 A constitution of Valentinian I. forbade bequests by women to ecclesiastics . But the tendency 6 Ch. ix . § 2 (See also:Sir W . See also:Jones's See also:translation) . ° Whether this was the See also:oldest rule of inheritance has been much debated . That See also:birth of a See also:child gave the See also:mother certain legal rights in a See also:primitive See also:stage of society is the view of many writers .

See especially Das Mutterrecht of J . J . Bachofen (See also:

Stuttgart, 1861) . s See also:Maine, Early History of Institutions, lect. xi . 9 Dig. i . 16, 195 . 1° Ibid . 11 Imbecillitas is the See also:term used more than once in the texts of Roman law . 12 The way in which this law was evaded was by non-enrolment of the testator in the See also:census (see See also:Montesquieu, Esprit See also:des lots, bk. xxvii.) . Another way was by leaving her the inheritance by fideicommissum (see See also:TRUST) . of legislation was undoubtedly in the direction indicated . Adoption of women was allowed by See also:Diocletian and Maximian in 291 .

The tutelage of women of full See also:

age was removed by See also:Claudius, and, though afterwards in part revived, has disappeared by the See also:time of Justinian . This implied full testamentary and contractual See also:liberty . In regard to the See also:separate property of the married woman, the See also:period of dos had by the time of Justinian long superseded the period of manus . The result was that, in spite of a few remaining disabilities, such as the general incapacity to be surety or witness to a will or contract, of a wife to make a See also:gift to her husband, of a widow to marry within a See also:year of her husband's death, the position of women had become, in the words of Sir H . Maine, " one of See also:great See also:personal and proprietary See also:independence."' For this improvement in their position they were largely indebted to the legislation of the Christian emperors, especially of Justinian, who prided himself on being a See also:protector of women . The following are a few of the matters in which See also:Christianity appears to have made alterations, generally but perhaps not always improvements, in the law . As a rule the influence of the See also:church was exercised in favour of the abolition of the disabilities imposed by the older law upon See also:celibacy and childlessness, of increased facilities for entering a professed religious life,' and of due See also:provision for the wife . The church also supported the See also:political power of those who were her best See also:friends . The See also:government of Pulcheria or See also:Irene would hardly have been endured in the days of the See also:pagan See also:empire . Other cases in which Christianity probably exercised influence may be briefly stated . (I) All See also:differences in the law of succession ab intestato of males and females were abolished by Justinian . (2) The See also:appointment of mothers and grandmothers as tutors was sanctioned by the same See also:emperor .

(3) He extended to all cases the principle established by the Senatus Consultum Tertullianum (158), enabling the mother of three (if a freed woman four) See also:

children to succeed to the property of her children who died intestate, and gave increased rights of succession to a widow . (4) The restrictions on the marriage of senators and other men of high See also:rank with women of See also:low rank were extended by See also:Constantine, but almost entirely removed by Justinian . (5) Second marriages were discouraged (especially by making it legal to impose a See also:condition that a widow's right to property should cease on re-marriage), and the Leonine Constitutions at the end of the 9th See also:century made third marriages punishable . (6) The same constitutions made the See also:benediction of a See also:priest a necessary part of the ceremony of marriage.3 The criminal law in its relation to women presents some points of interest . Adultery was punished with death by Constantine, but the See also:penalty was reduced by Justinian to relegation to a See also:convent . A woman condemned for adultery could not re-marry . A marriage between a Christian and a See also:Jew rendered the parties guilty of adultery . Severe laws were enacted against offences of unchastity, especially procurement and See also:incest . It was a See also:capital See also:crime to carry off or offer violence to a See also:nun . A wife could not commit furtum of her husband's goods, but he had a special action rerum amotarum against her . By several sumptuary constituticns, contained in the Code, bk. xi., women as well as men were subject to penalties for wearing See also:dress or ornaments (except rings) imitating those reserved for the emperor and his family . Actresses and women of See also:bad fame were not to See also:wear the dress of virgins dedicated to See also:Heaven .

If a See also:

consul had a wife or mother living with him, he was allowed to incur greater expense than if he lived alone . The interests of working women were protected by enactments for the regulation of the gynoecia, or workshops for See also:spinning, See also:dyeing, &c . The See also:canon law; looking with disfavour on the female independence prevailing in the later Roman law, tended rather in the opposite direction . The Decretum specially inculcated subjection of the wife to the husband, and obedience to his will in all things.' The See also:chief differences between canon and Roman law were in the law of marriage, especially in the introduction of publicity and of the formalities of the See also:ring and the See also:kiss . The benediction of a priest was made a necessary part of the ceremony, as indeed it had been made by the civil power, as has been already stated, in the See also:post-Justinian period of Roman law . But in practice this rule appears to have fallen into disuse until it was again revived by the See also:council of See also:Trent . It was, however, the Ancient Law, ch. v . Hence the See also:necessity of such laws as the Lex Oppia (see SUMPTUARY LAWS) . A remarkable example of this tendency was the provision that an actress might leave the stage and break her contract of service with impunity in See also:order to become a nun . Even under the pagan emperors a constitution of Diocletian and Maximian in 285 had enacted that no one was to be compelled to marry (See also:Cod. v . 4, 14) . ' See R .

T . Troplong, De l'influence du christianisme sur le drost civil . ' Pt. ii. caus. xxxiii. qu. v. ch . 16.rule of the English common law after the See also:

Reformation . The ceremony was not to be performed during See also:Lent . The woman was to be veiled during the ceremony . A promise of marriage was so sacred that it made a subsequent marriage with another person void . Spiritual cognation was a See also:bar to marriage . The See also:sentence of the church was made necessary for divorce . As to women in general the law does not say very much . Women, even relatives, were not to live with priests unless in See also:case of necessity . They were not to approach the See also:altar or fill any public office of the church; nor might they lend See also:money on See also:usury .

See also:

Baptism might be valid although administered by a woman . Women who had professed See also:religion could not be forced to give evidence as witnesses . In some cases the evidence of women was not receivable.' The early law of the See also:northern parts of See also:Europe is interesting from the different ways in which it treated women . In the words of Sir H . Maine'—" The position of women in these barbarous systems of inheritance varies very greatly . Sometimes they inherit, either as individuals or as classes, only when males of the same See also:generation have failed . Sometimes they do not inherit, but transmit a right of inheritance to their male issue . Sometimes they succeed to one See also:kind of property, for the most part movable property, which they probably took a great See also:share in producing by their See also:household labour; for example, in the real Salic law (not in the imaginary code) there is a set of rules of succession which, in my See also:opinion, clearly admit women and their descendants to a share in the inheritance of movable property, but confine See also:land exclusively to males and the descend-ants of males . . . . The See also:idea is that the proper mode of providing for a woman is by giving her a marriage portion; but, when she is once married into a separate community consisting of strangers in blood, neither she nor her children are deemed to have any further claim on the See also:parent See also:group." Among the Scandinavian races women were under perpetual tutelage, whether married or unmarried . The first to obtain freedom were the widows ? As See also:late as the code of Christian V., at the end of the 17th century, it was enacted that if a woman married without the consent of her tutor he might have, if he wished, See also:administration and usufruct of her goods during her life.$ The provision made by the Scandinavian laws under the name of See also:morning-gift was perhaps the parent of the See also:modern settled property .9 The Brehon law of See also:Ireland excepted women from the See also:ordinary course of the law .

They could distrain or contract only in certain named cases, and See also:

distress upon their property was regulated by special rules . In the pre-See also:Conquest codes in See also:England severe laws were denounced against unchastity, and by a law of Canute a woman was to lose See also:nose and ears for adultery . The laws of See also:Athelstan contained the peculiarly brutal provision for the See also:punishment of a female slave convicted of See also:theft by her being burned alive by eighty other female slaves . Other laws were directed against the practice of witchcraft (q.v.) by women . Monogamy was enforced both by the civil and ecclesiastical law; and second and third marriages involved See also:penance . A glimpse of See also:cruelty in the household is afforded by the provision, occurring no less than three times in the ecclesiastical legislation, that if a woman scourged her female slave to death she must do penance . Traces of wife-See also:purchase are seen in the law of Ethelbert, enacting that if a man carry off a See also:freeman's wife he must at his own expense procure the husband another wife . The codes contain few provisions as to the property of married women, but those few appear to prove that she was in a better position than at a later ' On this See also:branch of the subject see Manssen's Het Christendom en de Vrouw (See also:Leiden, 1,877) . 8 Early Law and See also:Custom, ch. v . 7 See Stiernhook, De jure Sveonum (See also:Stockholm, 1672), bk. ii. ch. i.; Messenius, Leges Svecorum (Stockholm, 1714) . 8 Bk. iii. ch. xvi . §§ 1, 2 .

9 The development of the See also:

bride-See also:price no doubt was in the same direction . Its See also:original meaning was, however, different . It was the sum paid by the husband to the wife's family for the purchase of part of the family property, while the morning gift was paid as return virginitatis to the bride herself . In its English form morning-gift occurs in the laws of Canute; in its Latinized form of morgangiva it occurs in the Leges Henrici Primi . period . The laws of See also:Ine gave her a third of her husband's property; the laws of See also:Edmund as to See also:betrothal allowed this to be increased to See also:half by antenuptial contract, to the whole if she had children and did not re-marry after her husband's death . No doubt the See also:dower ad ostium ecclesiae favoured by the church generally superseded the legal rights where the property was large (in fact this is specially provided by Magna Carta, c . 7) . "Provisio hominis tollit provisionem legis." The legal rights of a married woman apart from contract were gradually limited, until by the time of See also:Glanvill her person and property had become during her husband's lifetime entirely at his disposal, and after his death limited to her dower and her pars rationabilis . A few of the more interesting matters in which the old common and See also:statute law of England placed women in a special position may be noticed . A woman was exempt from legal duties more particularly attaching to men and not performable by See also:deputy . She could apparently originally not hold a proper See also:feud, i.e. one of which the See also:tenure was by military service.' The same principle appears in the rule that she could not be endowed of a See also:castle maintained for the See also:defence of the See also:realm and not for the private use of the owner .

She could receive See also:

homage, but not render it in the form used by men, and she was privileged from suit and service at the See also:sheriff's tourn . She was not sworn to the law by the See also:oath of See also:allegiance in the feet or tourn, and so could not be outlawed, but was said to be waived . She could be See also:constable, either of a castle or a See also:vill, but not sheriff, unless in the one case of See also:Westmorland, an hereditary office, exercised in person in the 17th century by the famous See also:Anne, countess of See also:Dorset, See also:Pembroke and See also:Montgomery . In certain cases a woman could transmit rights which she could not enjoy . On such a power of trans-See also:mission, as Sir H . Maine shows,2 rested the claim of See also:Edward III. to the See also:crown of See also:France . The claim through a woman was not a See also:breach of the See also:French constitutional law, which rejected the claim of a woman . The See also:jealousy of a woman's political influence is strikingly shown by the case of Alice See also:Perrers, the See also:mistress of Edward III . She was accused of breaking an See also:ordinance by which women had been forbidden to do business for hire and by way of See also:maintenance in the See also:king's See also:court .3 By Magna Carta a woman could not accuse a man of See also:murder except of that of her husband . This See also:disability no doubt arose from the fact that in trial by See also:battle she naturally did not appear in person but by a See also:champion . She was not admitted as a witness to prove the status of a man on the question arising whether he were free or a villein . She could not appoint a testamentary See also:guardian, and could only be a guardian even of her own children to a limited extent .

Her will was revoked by marriage, that of a man only by marriage and the subsequent birth of a child . By 31 See also:

Hen . VI. c . 9 the king's See also:writ out of See also:chancery was granted to a woman alleging that she had become See also:bound by an obligation through force or See also:fraud . By 39 Hen . VI. c . 2 a woman might have See also:livery of land as heiress at fourteen . Benefit of See also:clergy was first allowed to women partially by 21 Jac . I. c . 6, fully by 3 Will . & M. c 9 and 4 and 5 Will . & M. c .

24 . Public See also:

whipping was not abolished until 57 Geo . III. c . 75, whipping in all cases until 1 Geo . IV. c . 57 . Burning was the punishment specially appropriated to' women convicted of treason or witchcraft . A,case of sentence to See also:execution by burning for See also:petit treason occurred as lately as 1784 . In some old statutes very curious sumptuary regulations as to women's dress occur . By the sumptuary laws of Edward III. in 1363 (37 Edw . III. cc . 8-14) women were in general to be dressed according to the position of their fathers or husbands .

Wives and daughters of servants were not to wear veils above twelvepence in value . Handicraftsmen's and yeomen's wives were not to wear See also:

silk veils . The use of See also:fur was confined to the ladies of knights with a rental above 200 marks a year . Careful observance of difference of rank in the dress was also inculcated by 3 Edw IV. c . 5 . The wife or daughter of a See also:knight was not to wear See also:cloth of See also:gold or See also:sable fur, of a knight-See also:bachelor not See also:velvet, of an See also:esquire or See also:gentleman not velvet, satin or See also:ermine, of a labourer not clothes beyond a certain price or a See also:girdle garnished with See also:silver . By 22 Edw . IV. c . 1, cloth of gold and See also:purple silk were confined to women of the royal family . It is worthy of See also:notice that at the times of passing these sumptuary laws the See also:trade interests of women were protected by the legislature . By 37 Edw . III. c .

6, handicraftsmen were to use only one See also:

mystery, but women might See also:work as they had been accustomed 3 Edw . IV. c . 3 ' It is remarkable that the great fiefs of France, except the Isle of France, the special apanage of the crown, all became in time female fiefs . This is shown by the table at the end of Laboulaye's Recherches . 2 Early Law and Custom, ch. v, ' Rot . Parl., vol. iii. p . 12.forbade importation of silk and See also:lace by See also:Lombards and other See also:alien strangers, imagining to destroy the See also:craft of the silk spinsters and all such virtuous occupations for women . In some cases the wives and daughters of tradesmen were allowed to assist in the trades of their husbands and fathers; see, for instance, the See also:act concerning tanners, 1 Jac . I. c . 22 . Some trading corporations, such as the See also:East India See also:Company, recognized no distinction of sex in their members . The disabilities imposed on women by substantive law are sometimes traceable in the early law of See also:procedure .

For instance, by the Statute of Essoins (12 Edw . II. st . 2), essoin de servitio regis did not See also:

lie where the party was a woman; that is, a woman (with a few exceptions) could not excuse her absence from court by alleging that she was on public duty . The influence of the church is very clearly traceable in some of the earlier criminal legislation . Thus by 13 Edw . I. st . 1, c . 34, it was punishable with three years' imprisonment to carry away a nun, even with her consent . The Six Articles, 31 Hen . VIII. c . 14, forbade marriage and See also:concubinage of priests and sanctioned vows of chastity by women . In See also:Scotland, as early as Regiam Majestatem (12th century) women were the See also:object of special legal regulation .

In that work the mercheta mulieris (probably a tax paid to the See also:

lord on the marriage of his See also:tenant's daughter) was fixed at a sum differing according to the rank of the woman . Numerous ancient laws dealt with trade and sumptuary matters . By the Leges Quatuor Burgorum female brewsters making bad See also:ale were to forfeit eightpence and be put on the tucking-See also:stool, and were to set an ale-wand outside their houses under a penalty of fourpence . The same laws also provided that a married woman committing a trespass without her husband's knowledge might be chastised like a child under age . The Statuta Gilde of the 13th century enacted that a married woman might not buy See also:wool in the streets or buy more than a limited amount of oats . The same code also ensured a provision for the daughter of one of the gild-brethren unable to provide for herself through poverty, either by marrying her or putting her in a convent . By the act 1429, c . 9, wives were to be arrayed after the estate of their husbands . By 1457, c . 13, no woman was to go to church with her See also:face covered so that she could not be known . 1581, c . 18, was conceived in a more liberal spirit, and allowed women to wear any See also:head-dress to which they had been accustomed .

1621, c . 25, permitted servants to wear their mistress's See also:

cast-off clothes . 1681, c . 80, contained the remarkable provision that not more than two changes of raiment were to be made by a bride at her See also:wedding . In its more modern aspect the law is in most respects similar to that of England . (J . W.) In separate legal articles See also:attention is See also:drawn, on various subjects, to any special provisions or disabilities affecting modern women; see, for instance, EVIDENCE, DIVORCE, English MARRIAGE, CHILDREN (Law See also:relating to), See also:INFANT, law HUSBAND AND WIFE . The movement for removing specially the older disabilities has progressed at such different affecting women . rates in various countries that it is impossible to do more than See also:note here the chief distinctions remaining under English law in 191o . Civil Rights.—The age at which a girl can contract a valid marriage, in English law, is, following the Roman law, twelve; she is thus two years in advance of a boy, who must be fourteen . Under the:Infants See also:Settlement Act 1855, a valid settlement could be made by a woman at seventeen with the approval of the court, the age for a man being twenty; by the Married Women's Property Act 1907 any settlement by a husband of his wife's property is not valid unless executed by her if she is of full age, or confirmed by her after she attains full age . An unmarried woman is liable for the support of illegitimate children till they attain the age of sixteen .

She is generally assisted, in the absence of agreement, by an See also:

affiliation order granted by magistrates . A married woman having separate property is, under the Married Women's Property Acts 1882 and 1908, liable for the support of her parents, husband, children and grandchildren becoming chargeable to any See also:union or See also:parish . At common law the father was entitled as against the mother to the custody of a legitimate child up to the age of sixteen, and could only forfeit such right by misconduct . But the Court of Chancery, wherever there was trust property and the infant could be made a See also: