Page:History of Woman Suffrage Volume 1.djvu/897

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Appendix.—Chapter XIV
863


THE WOMAN'S RIGHTS ALMANAC.

The History Of Woman In Three Pictures.

I. Hindoo Laws. 2000 B. C. — "A man, both day and night, must keep his wife so much in subjection, that she by no means be mistress of her own actions. If the wife have her own free-will, notwithstanding she be of a superior caste, she will behave amiss."

"The Creator formed woman for this purpose, that man might have sexual intercourse with her, and that children might be born from thence."

"A woman shall never go out of the house without the consent of her husband . . . . and shall act according to the orders of her husband, and shall pay & proper respect to the Deity, her husband's father, the spiritual guide, and the guests; and shall not eat until she has served them with victuals (if it is physic, she may take it before they eat); a woman also shall never go to a stranger's house, and shall not stand at the door, and must never look out of a window."

'If a woman, following her own inclinations, goes whithersoever she choose, and does not regard the words of her master, such a woman shall be turned away."

"If a man goes on a journey, his wife shall not divert herself by play, nor shall see any public show, nor shall laugh, nor shall dress herself with jewels and fine clothes, nor shall see dancing, nor hear music, nor shall sit in the window, nor shall ride out, nor shall behold anything choice or rare, but shall fasten well the house-door and remain private; and shall not eat any dainty victuals, and shall not. view herself in a mirror; she shall never exercise herself in any such agreeable employment during the absence of her husband."y

"It is proper for every woman, after her husband's death, to burn herself in the fire with his corpse."

It will be seen that the following laws scarcely vary at all, in principle, from the preceding:

II, Anglo-Saxon Laws. 1818, — "By marriage, the husband and wife are one person in law; that is, "the very being or existence of the woman is suspended during the marriage", or at least is incorporated and consolidated into that of the husband, under whose wing, protection, and covert she performs everything; and is, therefore, called in our Law-French a feme-covert, is said to be covert-baron, or under the protection and influence of her husband, her baron, or lord; and her condition during her marriage is called her coverture. Upon this principle, of an union of person in husband and wife, depend almost all the legal rights, duties, and disabilities that either of them acquire by the marriage." — I "Blackstone Com.," 356.

"The husband also, by the old law, might give his wife moderate correction. For, as he is to answer for her misbehavior, the law thought it reasonable to intrust him with this power of restraining her by domestic chastisement, in the same moderation that a man is allowed to correct his apprentices or children. But this power of correction was confined within reasonable bounds, and the husband was prohibited from using any violence to his wife, liter quam ad virum, ex causa regiminis et castigationis uxoris suae licite et rationabiliter pertinet (except as lawfully and reasonably belongs to a husband, for the sake of governing and disciplining his wife). The civil law gave the husband the same, or a larger authority over his wife, allowing him, for some misdemeanors, flagellis et Fustibus acriter verberare uxorem (to beat his wife severely with whips and cudgels); for others only modicam castigationem adhibere (to administer moderate chastisement). But with us, in the politer reign of Charles II., this power of correction began to be doubted, and a wife may now have security of peace against the husband, or, in return, a husband against his wife. Yet the lower rank of people, who were always fond of the old common law, still claim and exact their ancient privilege, and the courts of law will still permit a husband to restrain a wife of her liberty in case of any gross misbehavior." — 1 Blackstone, 366.