| |
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.
|
 |
Return to the top of the page...
|
|