* Blackstone. Sharswood.
This is upon the theory, doubtless, that starvation is wholesome for a widowed mother, but that it does not agree with a father's digestion at any time.
Sir Henry Maine in his "Ancient Law." says, that from the Pagan laws all this inequality and oppressiveness of guardianship and restriction of the personal liberty of women had disappeared, and he adds: "The consequence was that the situation of the Roman female, whether married or unmarried, became one of great personal and proprietary independence. But Christianity tended somewhat from the very first to narrow this remarkable liberty.... The great jurisconsult himself [Gaius] scouts the popular Christian apology offered for it in the mental inferiority of the female sex.... Led by their theory of Natural Law, the Roman [Pagan] jurisconsults had evidently at this time assumed the equality of the sexes as a principle of their code of equity."
Of the Christians, led by their theory of a revealed divine law which treated women as inferior beings and useful only as prey, Lecky says ("European Morals," vol. 1, page 358): "But in the whole feudal [Christian and chiefly Canon] legislation women were placed in a much lower legal position than in the Pagan empire. The complete inferiority of the sex was continually maintained by the law; and that generous public opinion which in Pagan Rome had frequently revolted against the injustice done to girls, in depriving them of the greater part of the inheritance of their fathers, totally disappeared. Wherever the canon law has been the basis of legislation, we find laws of succession sacrificing the Merest of daughters and of wives, and a state of public opinion which has been formed and regulated by these laws; nor was any serious attempt made to abolish them till the close of the last century. The French revolutionists, though rejecting the proposal of Sieyes and Condorcet [both infidels] to accord political emancipation to women, established at least an equal succession of sons and daughters, and thus initiated a great reformation of both law and opinion which sooner or later must traverse the world."
How soon or how late this will happen will depend very greatly upon the amount of power retained by the Church. Pagans, Infidels, and Scientists have fought for, and the Church has fought against, the dignity, honor, and welfare of women for centuries; and because fear, organization, wealth, selfishness, and power have been on the side of the Church, and she has kept women too ignorant to understand the situation, she has succeeded for many generations in retarding the progress and shutting out the light that slowly came in despite of her.
"No society which preserves any tincture of Christian institutions is ever likely to restore to married women the personal liberty conferred on them by the middle Roman law; but the proprietary disabilities of married females stand on quite a different basis from their personal incapacities, and it is by keeping alive and consolidating the former that the canon law has so deeply injured civilization. There are many vestiges of a struggle between the secular and ecclesiastical principles; but the canon law nearly everywhere prevailed."*
* Maine's "Ancient Law," 158.
It has always been uphill work fighting the Church. So long as it had sword and fagot at its command, and the will to use them; so long as it pretended to have, and people believed that it had, power to mete out damnation to its opposers; just so long were science, justice, and thought fatally crippled.
But when Voltaire, Diderot, Condorcet and the great encyclopedist circle of France got their hands on the throat of the Church, and dipped their pens in the fire of eloquence, wit, ridicule, reason, and justice, then, and not till then, began to dawn a day of honor toward women, of humanity and justice and truth. They drew back the curtain, the world saw, the cloud lifted, and life began on a new plane. Under Pagan rule woman had begun, as we have seen, to receive recognition apart from sex. She was a human being. A general law of "persons" applied to and shielded her. But from the first the Christian Church refused to consider her apart from her capacity for reproduction; and this one ground of consideration it pronounced a curse, a crime, and a shame to her. Her only claim to recognition at all was a curse. She was not a person, she was only a function.*
* See Lea's "Sacerdotal Celibacy."