The Law's Resolutions of Women's Rights

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      The laws resolution was published in 1632 and was designed by its still unknown author or compiler, who signed himself T. E., to help women understand how the law impinged on them in their three estates of life (unmarried virgin, wife, and widow). The text focuses especially on laws governing property and marriage, underscoring how few rights a woman enjoys while under the control of her father or guardian before marriage or when "under covert" in marriage. T. E.'s tone implies he sees these laws as a women's disabilities, including the fact that the husband may beat the wife. TE also points to the freedom the widow enjoys when she is out from under such control, although then she is newly vulnerable to suitors who want to marry her fortune. Being an affluent widow was a trying time as any new husband automatically gained control of all his wife's monies, land and property. Some women used this to their advantage, it was noted that a well-to-do widow kept there suitors interested whilst she confessed to a friend that she had no intention of relinquishing her wealth to any of them. This paints a different picture to TE's who states that a widow who "hath lost her husband, her head is cut off,"

     Many women of the period, such as Anne Clifford of Skipton Castle, Yorkshire, were engaged in lawsuits over property, contesting inheritances, or trying to collect jointures

     Below are examples from the inappropriately named "women's rights"

     Book I. (Of Maids)
     Sect. ii. Now man and woman are one.
     Now because Adam hath so pronounced that man and wife shall be but one flesh and by this a married woman perhaps may either doubt whether she be either none or no more than half a person. But let her be of good cheer, though, for the near conjunction which is between man and wife and to tie them to a perfect love, agreement, and adherence, they be by intent and wise fiction of law, one person, yet in nature and in some other cases by the law of God and man, they remain diverse. For, as Adam's punishment was several from Eve's, so in criminal and other special causes our law argues them several persons.

     Sect. iv. The ages of a woman.
     At the seventh year of her age, her father shall have aid of her tenants to marry her. At nine years age, she is able to deserve and have dower. At twelve years to consent to marriage. At sixteen to be past the Lord's tender of a husband. At twenty one to be able to make a feoffement. A woman married at twelve cannot disagree afterward. But if she be married younger, she may dissent till she be fourteen.

     Sect. vii. The baron may beat his wife.

     If a man beat an out-law, a traitor, a pagan, his villain, or his wife, it is dispensable, because by the Law Common these persons can have no action. [But] she may sue out of chancery to compel him to find surety of honest behaviour toward her, and that he shall neither do nor procure to be done to her (mark, I pray you) any bodily damage, otherwise than appertains to the office of a husband for lawful and reasonable correction.

     Sect. viii. That which a husband hath is his own.
     But the prerogative of the husband is best discerned in his dominion over all the external things in which the wife by combination divesteth herself of propriety in some sort and casteth it upon her husband, for here practice everywhere agrees with the theoric of law, and forcing necessity submits women to the affection thereof. Whatsoever the husband had before coverture either in goods or lands, it is absolutely his own.

     Sect. ix. That which the wife hath is the husband's.
     For thus it is, if before marriage the woman were possessed of horses, neat, sheep, corn, wool, money, plate, and jewels, all manner of moveable substance is presently by conjunction the husband's, to sell, keep, or bequeath if he die. And though he bequeath them not, yet are they the husband's executor's and not the wife's which brought them to her husband.

     Book IV. (Regarding Widows)
     Death hath called her husband hence, left the house full of mourning, and specially the wife cannot choose but sorrow and lament. She hath understanding and speech, firm memory, love natural, desire of glory and reputation, with the accomplishment of many virtues. But, alas, when she hath lost her husband, her head is cut off, her intellectual part is gone, the very faculties of her soul are (I will not say) clean taken away, but they are all benumbed, dimmed, and dazzled, so that she cannot think or remember when to take rest or recreation for her weak body.

 

 

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