FOOTNOTES:
[178] Maine (Gaius) says of the position of woman under Roman law before the introduction of Christianity: "The juriconsulists had evidently at this time assumed the equality of the sexes as a principle of the code of equity. The situation of the Roman woman, whether married or single, became one of great personal and property independence ... but Christianity tended somewhat, from the very first, to narrow this remarkable liberty. The prevailing state of religious sentiment may explain why modern jurisprudence has adopted these rules concerning the position of woman which belong peculiarly to an imperfect civilization.... No society which preserves any tincture of Christian institutions, is likely to restore to married women the personal liberty conferred on them by middle Roman law. Canon law has deeply injured civilization."
[179] Canon law is the whole body of Church decrees enacted by councils, bulls, decretals, etc., and is recognized as a system of laws primarily established by the Christian Church, and enforced by ecclesiastical authority. It took cognizance first merely of what were considered spiritual duties, but ultimately extended itself to temporal rights. It was collected and embodied in the ninth century, since which period numerous additions have been made.
[180] The women claimed the right to baptize their own sex. But the bishops and presbyters did not care to be released from the pleasant duty of baptizing the female converts.—Hist. of Christian Religion from a.d. to 200, p. 23, Waite. The Constitution of the Church of Alexandria, which is thought to have been established about the year 200, required the applicant for baptism to be divested of clothing, and after the ordinance had been administered, to be anointed with oil.—Ibid., p. 384-5. The converts were first exorcised of the evil spirits that were supposed to inhabit them; then, after undressing and being baptized, they were anointed with oil.—Bunsen's Christianity of Mankind, Vol. VII., p. 386-393; 3d Vol. Analecta.
[181] All, or at least the greater part of the fathers of the Greek Church before Augustine, denied any real, original sin.—"Augustinism and Pelagianism," p. 43, Emerson's Translations (Waite). The doctrine had a gradual growth, and was fully developed by Augustine, a.d. 420.—Hist. Christian Religion to a.d. 200 (Waite), p. 382.
[182] Milman says that Heloise sacrificed herself on account of the impediments the Church threw in the way of the married clergy's career of advancement. As his wife she would close the ascending ladder of ecclesiastical honors, priory, abbacy, bishopric, metropolitane, cardinalade, and even that which was above and beyond all.—"Latin Christianity."
[183] The Christian Church was swamped by hysteria from the third to the sixteenth century.—Rev. Charles Kingsley's Life and Letters.
[184] In 1874 an Old Catholic priest of Switzerland, about to follow Père Hyacinth's example in abandoning celibacy, announced his betrothal in the following manner: "I marry because I wish to remain an honorable man. In the seventeenth century it was a proverbial expression, 'As corrupt as a priest,' and this might be said to-day. I marry, therefore, because I wish to get out of the Ultramontane slough."—Galignani's Messenger, September 19, 1874.
[185] The abbot elect of St. Augustine, at Canterbury, in 1171 was found, on investigation, to have seventeen illegitimate children in a single village. An abbot of St. Pelayo in Spain in 1130 was proved to have kept no less than seventy mistresses. Henry 3d, Bishop of Liege, was deposed in 1274 for having sixty-five illegitimate children.—Lecky, "Hist. of European Morals," p. 350. This same bishop boasted in a public banquet, that in twenty-two months, fourteen children had been born to him. A tax called "Cullagium," which was, in fact, a license to clergymen to keep concubines, was during several centuries systematically levied by princes.—Ibid, Vol. 2, p. 349. It was openly attested that 100,000 women in England were made dissolute by the clergy.—Draper's "Intellectua. Development of Europe," p. 498.
[186] "Le Sorcerie," p. 259, Michelet.
[187] Died in 1880.
[188] In the dominion of the Count de Foix the lord had right once in his lifetime to take, without payment, a certain quantity of goods from the stores of each tenant.—"Histoire Universelle," Cesar Cantu.
[189] In days to come people will be slow to believe that the law among Christian nations went beyond anything decreed concerning the olden slavery; that it wrote down as an actual right the most grievous outrage that could ever wound man's heart. The Lord Spiritual had this right no less than the Lord Temporal. The parson being a lord, expressly claimed the first fruits of the bride, but was willing to sell his rights to the husband. The Courts of Berne openly maintain that this right grew up naturally.—"La Sorcerie," Michelet, p. 62.
[190] Margaret was canonized in 1351, and made the patron saint of Scotland in 1673. Several of the Scotch feudalry, despite royal protestation, kept up the infamous practice till a late date. One of the Earls of Crawford, a truculent and lustful anarch, popularly known and dreaded as "Earl Brant," in the sixteenth century, was probably among the last who openly claimed leg-right (the literal translation of droit de jambage).—Sketches of Feudalism.
[191] At the beginning of the Christian era, Corinth possessed a thousand women who were devoted to the service of its idol, the Corinthian Venus. "To Corinthianize" came to express the utmost lewdness, but Cornith, as sunken as she was in sensual pleasure, was not under the pale of Christianity. She was a heathen city, outside of that light which, coming into the world, is held to enlighten every man that accepts it.
[192] Les Cuisiniers et les marmitons de l'arehevêques de Vienne avaient imposé un tribut sur les mariages; on croit que certains feuditaires extgeaient un droit obscène de leur vassaux qui se marienient, quel fut transformé ensuite en droit de cuissage consistant, de la part du seigneur, à mettre une jambe nue dans le lit des nouveaux époux. Dans d'autres pays l'homme ne pouvait couche avec sa femme les trois premières nuits sans le consentement de l'evêque ou du seigneur du feif.—Cesar Cantu, "Histoire Universelle," Vol. IX., p. 202-3.
[193] Le Michelet, "Le Sorcerie," p. 151.
[194] The very word femina (woman) means one wanting in faith; for fe means faith, and minus, less.—Witch Hammer. This work was printed in 18mo, an unusually small size for that period, for the convenience of carrying it in the pocket, where its assertions, they could not be called arguments, could be always within reach, especially for those traveling witch inquisitors, who proceeded from country to country, like Sprenger himself, to denounce witches. This work bore the sanction of the Pope, and was followed, even in Protestant countries, until the eighteenth century. It based its theories upon the Bible, and devoted thirty-three pages to a proof that women were especially addicted to sorcery.
[195] It was observed they (devils) had a peculiar attachment to women with beautiful hair, and it was an old Catholic belief that St. Paul alluded to this in that somewhat obscure passage in which he exhorts women to cover their heads because of the angels.—Sprangler.
[196] One of the most powerful incentives to confession was systematically to deprive the suspected witch of her natural sleep.... Iron collars, or witches' bridles, are still preserved in various parts of Scotland, which had been used for such iniquitous purposes. These instruments were so constructed that by means of a loop which passed over the head, a piece of iron having four points or prongs, was forcibly thrust into the mouth, two of these being directed to the tongue and palate, the others pointing outward to each cheek. This infernal machine was secured by a padlock. At the back of the collar was fixed a ring, by which to attach the witch to a staple in the wall of her cell. Thus equipped, and day and night waked and watched by some skillful person appointed by her inquisitors, the unhappy creature, after a few days of such discipline, maddened by the misery of her forlorn and helpless state, would be rendered fit for confessing anything, in order to be rid of the dregs of her wretched life. At intervals fresh examinations took place, and they were repeated from time to time until her "contumacy," as it was termed, was subdued. The clergy and Kirk Sessions appear to have been the unwearied instruments of "purging the land of witchcraft," and to them, in the first instance, all the complaints and informations were made.—Pitcairn, Vol. I., Part 2, p. 50.
[197] The following is an account of the material used, and the expenses attending the execution of two witches in Scotland:
| For | 10 loads of coal to burn the witches | £3 06 8 |
| " | a tar barrel | 0 14 0 |
| " | towes | 0 06 0 |
| " | hurdles to be jumps for them | 3 10 0 |
| " | making of them | 0 08 0 |
| " | one to go to Tinmouth for the lord to sit upon the assize as judge | 0 06 0 |
| " | the executioner for his pains | 8 14 0 |
| " | his expenses there | 0 16 4 |
| —Lectures on Witchcraft in Salem, Charles W. Upham. | ||
[198] See an account of the tortures and death of Alison Balfour, in which not only she, but her husband and her young children were also grievously tortured in order to wring confession from the wife and mother. This poor woman bore everything applied to herself, nor did the sufferings of her husband and son compel a confession of guilt. Not until her little daughter of seven or eight years was put to the torture in her presence did the constancy of the mother give way. To spare the innocent child, the equally innocent mother confessed she was a witch. After enduring all the agonies applied to herself, and all she was made to bear in the persons of her innocent family, she was still made to undergo the frightful suffering of death at the stake. She was one of those who died calling upon God for that mercy she could not find at the hands of Christian men.
[199] No marriage could take place after 12 m., which is even now the rule of the established Church of England.
[200] Science of Law.
[201] Gerard say the doctrines of the Canon Law most favorable to the power of the clergy, are founded on ignorance, or supported by fraud and forgery.
[202] Whoever wishes to gain insight into that great institution, Canon Law, can do so most effectively by studying Common Law, in regard to woman.—Blackstone..
I have arrived at conclusions which I keep to myself as yet, and only utter as Greek φωναντα, συνετοτσι, the principle of which is that there will never be a good world for woman till the last monk, and therewith the last remnant of the monastic idea of, and legislation for, woman, i.e., the Canon Law, is civilized off the face of the earth. Meanwhile all the most pure and high-minded women in England and in Europe, have been brought up under the shadow of the Canon Law, and have accepted it with the usual divine self-sacrifice, as their destiny by law of God and nature, and consider their own womanhood outraged when it, their tyrant, is meddled with.—Charles Kingsley, Life and Letters. Letter to John Stuart Mill, of June 17, 1849.
[203] Wives in England were bought from the fifth to the eleventh century (Descriptive Sociology, Herbert Spencer). By an ancient law of India, a father was forbidden to sell his daughter in marriage. Keshub Chunder Sen, who recently spent a few years in England, objected, after his return home, to the introduction of English customs in regard to woman into India, on account of their degradation of the female sex.
[204] Our laws are based on the all-sufficiency of man's rights; society exists for men only; for women, merely in so far as they are represented by some man, are in the mundt, or keeping of some man (Descriptive Sociology, England, Herbert Spencer). In England, as late as the seventeenth century, husbands of decent station were not ashamed to beat their wives. Gentlemen arranged parties of pleasure to Bridewell, for the purpose of seeing the wretched women who beat hemp there whipped. It was not until 1817 that the public whipping of woman was abolished in England.—Ibid.
[205] Wives in Russia.—A peasant in the village of Zelova Baltia, having reason to doubt the fidelity of his spouse, deliberately harnessed her to a cart in company with a mare—a species of double harness for which the lady was probably unprepared when she took the nuptial vow. He then got into the cart in company with a friend, and drove the ill-assorted team some sixteen versts (nearly eleven English miles), without sparing the whip-cord. When he returned from his excursion he shaved the unlucky woman's head, tarred and feathered her, and turned her out of doors. She naturally sought refuge and consolation from her parish priest; but he sent her back to her lord and master, prescribing further flagellation. An appeal to justice by the poor woman and her relatives resulted in a non-suit, and any recourse to a higher court will probably terminate in the same manner.
Woman's Lot in Russia.—Here and there the popular songs hear traces of the griefs which in the rough furrows of daily life the Russian woman finds it prudent to conceal. "Ages have rolled away," says the poet Nekrasof; "the whole face of the earth has brightened; only the sombre lot of mowjik's wife God forgets to change." And the same poet makes one of his village heroines say, apropos of the enfranchisement of the serfs, "God has forgotten the nook where He hid the keys of woman's emancipation."
[206] One of the powerful German Electors, who formerly made choice of the Emperor of Germany
[207] Even as late as the sixteenth century a plurality of wives was allowed in some of the Christian countries of Europe, and the German reformers were inclined to permit bigamy as not inconsistent with the principles of the Gospel.—"Woman in all Countries and Nations," Nichols
[208] See report of the Seney trial in Ohio, 1879, in which the judge decided against the prosecuting wife, upon the ground of her lack of the same ownership over the husband that the husband possessed over the wife.
[209] The Birchall case.
[210] "History," says Voltaire, "is only a parcel of tricks we play with the dead."
[211] John Milton and His Daughters.—Milton's Oriental views of the function of women led him not only to neglect, but to positively prevent the education of his daughters. They were sent to no school at all, but were handed over to a schoolmistress in the house. He would not allow them to learn any language, saying, with a sneer, that "for a woman one tongue was enough." The Nemesis, however, that follows selfish sacrifice of others is so sure of stroke that there needs no future world of punishment to adjust the balance. The time came when Milton would have given worlds that his daughters had learned the tongues. He was blind, and could only get at his precious book—could only give expression to his precious verses—through the eyes and hands of others. Whose hands and whose eyes so proper for this as his daughters? He proceeded to train them to read to him, parrot-like, in five or six languages, which he (the schoolmaster) could at one time have easily taught them; but of which they could not now understand a word. He turned his daughters into reading-machines. It is appalling to think of such a task. That Mary should revolt, and at last, after repeated contests with her taskmaster, learn to hate her father—that she should, when some one spoke in her presence of her father's approaching marriage, make the dreadful speech that "it was no news to hear of his wedding, but if she could hear of his death, that were something"—is unutterably painful, but not surprising.—The Athenæum.
[212] Mrs. Robinson, of Indiana, and Mrs. E. S. Whitney, of New York.
[213] While in the midst of correcting proof, March 22d, the New York press comes with an article showing how generally women are rousing to their rights. It is headed:
"Women at the Church Poll—What Came of Reviving an Old Statute in Portchester.—The trustees of the Presbyterian Church in Portchester, although elected on the 24th of February last, did not organize until about ten days ago. The reason for this delay lies in the claim made by some of the congregation that the election was irregular, owing to women having been allowed to vote. Some of the trustees who held over were at first inclined to resign, and the matter has been much discussed. When opposition was made to women voting, H. T. Smith produced the statute of 1818, which says that any member of the church at full age shall have a right to vote for trustees. There is nothing in the act prohibiting women from voting. There are, I believe, statutes forbidding women to vote in the Dutch Reformed and Episcopal Churches; but this is a regular Presbyterian Church. It seems to me that the women have worked hard for this church, and that they ought to have a vote at the election of trustees and other officers. A Sun reporter called upon the ladies for their version of the troubles. Miss Pink, who is a school teacher, said: 'We women do four-fifths of the work, and contribute more than one-half the money to support the church. Two years ago we were allowed to vote for a minister, and we don't see why we shouldn't vote for trustees and at other elections.' Miss Camp gave similar reasons for voting. Mrs. Montgomery Lyon said: 'If the old trustees didn't know that we had a right to vote, it isn't our fault. We women do all the work, and why shouldn't we vote!' Women will vote for President, soon."
[214] The above is article xiv. of the by-laws of the society connected with the aforesaid church. Thus the society undertakes to dictate to the church who shall have a voice in the selection of a pastor. It is a matter of gratitude that the society, if it forbids females to vote in the church, yet allows them to pray and to help the society raise money.—Independent, N. Y., Feb. 24, 1881.
[215] Broken Down.—Mrs. Van Cott, the woman evangelist, has retired from the field, probably forever. Her nervous system is broken down. During the fourteen years of her ministry she has traveled 143,417 miles, has preached 4,294 sermons, besides conducting 9,333 other religious meetings, and writing 9,853 letters.—Ex.
[216] But this Conference, which could not recognize woman's equality of rights in the Church, adjourned in a body to Chicago, before its business was completed, by its presence there to influence the Republican Nominating Convention in favor of General Grant's name for the Presidency.
[217] A professor of theology said a while ago, how sorry he should be to have the law recognize that one-half of the income of the family belonged to his wife, "it would establish such a mine-and-thine relation." It evidently seemed to him, somehow, more harmonious, less of the earth, earthy, that he could say, "All mine, my love," and that she could sweetly respond, "All thine, dearest."—State Prohibitionist, Des Moines, Ia., Jan. 28, 1881.
[218] The great botanist, Linnæus, was persecuted when he first presented his sexual system in vegetation to the world.
[219] The legal subordination of one sex to another is wrong in itself, and now one of the chief hindrances to human improvement; it ought to be replaced by a principle of perfect equality, admitting no powers or privileges on the one side or disability on the other.—Subjection of Woman, John Stuart Mill.
[220] The Worcester Chronicle of recent date gives an account of a wife sale in England. Thomas Middleton delivered up his wife Mary M. to Philip Rostius, and sold her for one shilling and a quart of ale, and parted from her solely and absolutely for life, "not to trouble one another for life." Philip Rostius made his mark as a witness. A second witness was S. H. Shore, Crown Inn, Trim street.
[221] In the peace made by the Sabines with the Romans, after the forcible abduction of the Sabine maidens, one of the provisions was that no labor, except spinning, should be required of these Roman wives.
[222] The Fair Sex in the Alps.—The farmers In the Upper Alps, though by no means wealthy, live like lords in their houses, while the heaviest portion of agricultural labors devolves on the wife. It is no uncommon thing to see a woman yoked to the plough with an ass, while her husband guides it. An Alpine farmer accounts it an act of politeness to lend his wife to a neighbor who has too much work, and the neighbor in return lends his wife for a few days' labor whenever requested.
[223] Lord Shaftesbury bringing the subject before Parliament.
[224] A Story of Ireland in 1880.—Recently, a young girl named Catherine Cafferby, of Belmullet, in County Mayo—the pink of her father's family—fled from the "domestic service" of a landlord as absolute as Lord Leitrim, the moment the poor creature discovered what that "service" customarily involved. The great man had the audacity to invoke the law to compel her to return, as she had not given statutable notice of her flight. She clung to the door-post of her father's cabin; she told aloud the story of her terror, and called on God and man to save her. Her tears, her shrieks, her piteous pleadings were all in vain. The Petty Sessions Bench ordered her back to the landlord's "service," or else to pay £5, or two weeks in jail. This is not a story of Bulgaria under Murad IV., but of Ireland in the reign of the present sovereign. That peasant girl went to jail to save her chastity. If she did not spend a fortnight in the cells, it was only because friends of outraged virtue, justice, and humanity paid the fine when the story reached the outer world.
[225] The son of the late William Ellery Channing, in a recent letter to a friend on this point, says: "Religions like the Jewish and Christian, which make God exclusively male, consign woman logically to the subordinate position which is definitely assigned to her in Mahometanism. History has kept this tradition. The subjection of woman has existed as an invariable element in Christian civilization. It could not be otherwise. If God and Christ were both represented as male (and the Holy Ghost, too, in the pictures of the old masters), it stood to reason and appealed to fanaticism that the male form was the Godlike. Hence, logically, intellect and physical force were exalted above the intuition of conscience and attractive charm. The male religion shaped government and society after its own form. Theodore Parker habitually addressed God as our Father and Mother. What we call God is the infinite ideal of humanity. The preposterous, ridiculous absurdity of supposing God so defined to be of the male sex, and to call God 'him,' does not need a word to make it apparent. This ideal which we all reverence, and for which we yearn, necessarily enfolds in One the attributes which, separated in our human race, express themselves in Manhood and Womanhood."
[226] Some person, over the signature of "A Bible Reader," writing in the Sun of March 16, says: "I would be sincerely glad to know what guarantee we have that ere long we shall not have another revision of Scripture? It is not so long ago since the discovery of Tischendorf of an important manuscript of the New Testament, which gave a number of new readings. There may be in existence other and older manuscripts of the Bible than any we now have, from which may be omitted the narratives of the Crucifixion and the Resurrection. Should we then have to give these up? If the revisers act consistently they would certainly have to do so.
"It appears that already the Calvinists and the Trinitarians have been deprived by the revisers of the texts they relied upon to uphold their peculiar doctrines. It remains to be seen how the Universalists, Baptists, and other Christian sects will fare."