The laws of most Christian countries do not allow females to dispose of themselves before they are twenty-one years old. If a girl over fourteen marries without the knowledge of her parents, they cannot render the contract void; but if they know of her intention, they have power to forbid the union until she is of age. The consent of both parents is almost universally asked before young people are betrothed; but after they are of age, the opposition of parents cannot prevent marriage, unless the lovers choose to submit, from motives of duty, or filial affection.
By the English laws, it is felony to abduct an heiress, even if her consent to matrimony is obtained after forcible abduction. He who compels a woman to marry by threats is subject to a very heavy fine, and two years’ imprisonment. If any girl is forced or persuaded to marry, before she is twelve years old, the ceremony can be declared null and void. Very severe laws are made to protect females from personal insult. Either man or woman may sue for a breach of promise of marriage, and recover a sum of money according to the aggravated nature of the circumstances. If a father is displeased with his daughter’s marriage, he can refuse to bestow any dowry, and can make a will to prevent her receiving any portion of his fortune. Hereditary estates and titles do not descend to daughters so long as any sons are living; but fathers can leave them by will such estates as are not restricted by some settlement or entail. As a general rule, parents bequeath a larger proportion to sons than daughters; but where there is no will, property is equally divided. Among the rich, who settle marriage contracts with all possible formality, the bridegroom often binds himself to pay a certain annual sum to his wife, for her own peculiar use, which is called pin-money. This phrase probably originated in ancient times, when ornamental pins constituted an important and expensive part of a lady’s dress. It is deemed the husband’s business to purchase furniture, and put the house in readiness for his bride.
Not long ago, an English judge decided that the law allowed a man to beat his wife with a stick as big as his thumb; whereupon the ladies sent a request that his thumb might be accurately measured. In the present state of public opinion, any man who availed himself of such permission would be disgraced. Among the lower classes, a husband sometimes puts a rope round his wife’s neck, and sells her in the market; but this is an adherence to old custom not sanctioned by any law.
A husband is bound to pay all the debts his wife may have contracted since she became of age, whether he knew of their existence or not; if she dies before payment is completed, his liability ceases. If a wife is driven away by ill usage, she can claim a separate maintenance, but the husband is no longer liable for her debts; and if she runs away from his house, it is common to put an advertisement in the newspapers warning people that he has ceased to be responsible for expenses she may incur. Both parties can claim divorce, with leave to marry again, in cases of criminal intercourse. Where a woman claims divorce, the husband is adjudged to afford her a maintenance suitable to his wealth; when a man seeks divorce, the wife’s paramour is condemned to pay damages according to the discretion of the court. The court likewise decide with which of the separated parties the children are to remain. Some individuals, especially officers of the army and navy have thought there was something contemptible in adjudging a sum of money in reparation of so great an injury, and have chosen to revenge themselves by single combat; but the opinion of the civilized world has been growing more and more opposed to duelling; and it is to be hoped that the last traces of it will soon disappear before the light of the Gospel.
A woman cannot dispose of any property, or bring an action at law, in her own name, during the lifetime of her husband; her signature to a note is of no legal value, because the law considers her as under the guardianship of her husband, and all her property as his. A widow is entitled to one third of her husband’s estate, and any proportion of it may be inherited by his will. Among the wealthy, the bridegroom, before marriage, often settles a jointure upon his bride, which cuts off her right of dower. If a man transfers any landed property without his wife’s signature thereto, the purchaser always remains liable to relinquish a third of it to the widow. Whatever a woman earns, or inherits by legacy, becomes her husband’s, and may be seized by his creditors, or a proportion of it divided among his relations, if he dies without children. To avoid these risks, the whole, or a part of a woman’s fortune, whether inherited before or after marriage, is often put in the hands of trustees, for her especial use. This places it out of the power of creditors, unless it can be shown that the transfer was made with fraudulent intentions.
In Germany such precautions are unnecessary, because the law protects every article of a woman’s property from the creditors of her husband. In France, a widow has no claim on any part of her husband’s fortune, unless he dies without relations, or a particular contract to that effect has been made previous to marriage; but she always retains a right to her dowry, and to any donations or legacies made to her. When a man has no children, he often wills his whole fortune to his wife; and if he has a family, leaves her one quarter of it, or half the income for life. It is likewise a common thing for women to bestow their fortunes on surviving husbands, by will. The right of primogeniture ceased with hereditary estates and titles; and all the children of a French family now inherit an equal share of their parents’ property.
If a Spaniard has heirs in direct succession, his widow can claim only one fifth of the estate, out of which she is obliged to pay the funeral expenses. European women drop the name of their fathers when they marry, and assume that of their husbands. A woman cannot recover damages for breach of promise of marriage, either in France or Spain. In France, and some parts of Germany, in addition to the usual causes for divorce, it is allowable, whenever both parties appear before magistrates, at successive periods, (the interval between which is prescribed by law,) and persevere in expressing a mutual wish for separation. Exceptions are frequently made to the usual laws, in favor of crowned heads. Philip, landgrave of Hesse, applied to Luther for permission to divorce his wife, and marry another, because his princess was plain in her person, sometimes intoxicated, and had a disagreeable breath. The royal petitioner threatened to apply to the pope for a dispensation, in case of refusal; and the synod of six reformers, convoked by Luther, contrived to find good reasons for granting his request. In later times, Napoleon divorced Josephine, by decree of the senate, because she brought him no children.
The women of Christian countries generally nurse their children about one year; though many exceed that time. Among the Catholics and Lutherans, the ceremony of baptism is usually performed privately at the house of the minister, soon after the birth of the child, because they are in haste to administer a rite which they deem necessary for salvation; but other Protestant sects have their children baptized in church, after divine service. The parents stand beside each other when their child is offered for baptism. The father takes the infant from its mother’s arms, and presents it to the priest, who sprinkles it with water, and bestows the baptismal name. Some people request several of their friends to stand as godfathers and godmothers at the baptism of their children. Wealthy relations are very apt to have this compliment paid them, because they are expected to make the infant a present, and bound by a promise at the altar to take some interest in its welfare.
In Holland, it is customary, so long as the mother keeps her room, to treat the children of the house and even of the neighborhood, with sugar-plums, which are rough if the babe is a boy, and smooth if a girl. In Russia, all married people who call to congratulate a friend for having become a mother are expected to slip a piece of money under her pillow, the wealthy usually give a ducat.
It is uncommon for European women to study medicine for the purpose of attending upon their own sex, in seasons of illness; but in some cases it is practised with great success.