_Second._ That man, believing in woman"s inherent wickedness, and understanding neither the mental nor the physical peculiarities of her being, ascribed all her idiosyncrasies to witchcraft.
_Third._ That the clergy inculcated the idea that woman was in league with the devil, and that strong intellect, remarkable beauty, or unusual sickness, were in themselves a proof of that league.
Catholic and Protestant countries alike agreed in holding woman as the chief accessory of the devil. Luther said, "I would have no compa.s.sion for a witch; I would burn them all." As late as 1768, John Wesley declared the giving up of witchcraft to be in effect giving up the Bible. James I., on his accession to the throne, ordered the learned work of Reginald Scot against witchcraft, to be burned in compliance with the act of Parliament of 1603, which ratified a belief in witchcraft over the three kingdoms. Under Henry VIII., from whose reign the Protestant Reformation in England dates, an act of Parliament made witchcraft felony; this act was again confirmed under Elizabeth. To doubt witchcraft was as heretical under Protestantism as under Catholicism.
Even the widely extolled Pilgrim Fathers brought this belief with them when they stepped ash.o.r.e at Plymouth Rock. With the "Ducking-Stool"
and the "Scarlet Letter" of shame for woman, while her companion in sin went free, they also brought with them a belief in witches.
Richard Baxter, the "greatest of the Puritans," condemned those who disbelieved in witchcraft as "wicked Sadducees," his work against it adding intensity to the persecution. Cotton Mather was active in fomenting a belief in this doctrine.
So convinced were those in power of the tendency of woman to diabolism that the learned Sir Matthew Hale condemned two women without even summing up the evidence. Old women, for no other reason than that they were old, were held as most susceptible to the a.s.saults of the devil, and most especially endowed with supernatural powers for evil, to doubt which was equivalent to doubting the Bible. We see a reason for this hatred of old women, in the fact that woman was chiefly viewed from a sensual stand-point, and when by reason of age or debility, she no longer attracted the physical admiration of man, he looked upon her as of no farther use to the world, and as possessing no right to life.
At one period it was very unusual for an old woman in the north of Europe to die peaceably in her bed. The persecution against them raged with special virulence in Scotland, where upon the act of the British Parliament in 17--, abolishing the burning and hanging of witches, the a.s.sembly of the Calvinistic Church of Scotland "confessed" this act of Parliament "as a great national sin." Looked upon as a sin rather than a crime, the Church sought its control, and when coming under its power, witchcraft was punished with much greater severity than when falling under lay tribunals. It proved a source of great emolument to the Church, which was even accused of fostering it for purposes of gain. A system of "witch finders" or "witch persecutors" arose.
Cardan, a famous Italian physician, said of them: "In order to obtain forfeit property, the same persons acted as accusers and judges, and invented a thousand stories as proof."
Witchcraft was as a sin almost confined to woman; a wizard was rare, one writer saying: to every 100 witches, we find but one wizard. In the time of Louis XIII. this proportion was greatly increased; "to one wizard, 10,000 witches," another person declared there were 100,000 witches in France alone. Sprenger, the great Inquisitor, author of "The Witch Hammer,"[194] through whose persecutions many countries were flooded with victims, said, "Heresy of witches, not of wizards, must we call it, for these latter are of very small account." No cla.s.s or condition escaped Sprenger; we read of witches of fifteen years, and two "infernally beautiful"[195] of seventeen years.
The Parliament of Toulouse burned 400 witches at one time. Four hundred women at one hour on the public square, dying the horrid death of fire, for a crime which never existed save in the imagination of those persecutors, and which grew in their imagination from a false belief in woman"s extraordinary wickedness, based upon a false theory as to original sin. Not a Christian country but was full of the horrors of witch persecution and violent death. Remy, Judge of Nancy, acknowledged to having himself burnt 800 in sixteen years. Many women were driven to suicide in fear of the torture in store for them. In 1595 sixteen of those accused by Remy, destroyed themselves rather than fall into his terrible hands. Six hundred were burnt in one small bishopric in one year; 900 during the same period in another. Seven thousand lost their lives at Treves; 1,000 in the province of Como in Italy in a single year; 500 were executed at Geneva in a single month.
Under the reign of Francis I. more than 100,000 witches are said to have been put to death, and for hundreds of years this superst.i.tion controlled the Church. In Scotland the most atrocious tortures were invented, and women died "shrieking to heaven for that mercy denied them by Christian men." One writer casually mentions seeing nine burning in a single day"s journey.
When for "witches" we read "women," we shall gain a more direct idea of the cruelties inflicted by the Church upon woman. Friends were encouraged to cast accusations upon friends, and rewards were offered for conviction. From the pulpit people were exhorted to bring the witch to justice. Husbands who had ceased to care for their wives, or in any way found them a burden, or who for any reason wished to dissolve the marriage tie, now found an easy method. They had but to accuse them of witchcraft, and the marriage was dissolved by the death of the wife at the stake. Mention is made of wives dragged by their husbands before the arch-Inquisitor, Sprenger, by ropes around their necks. In Protestant, as in Catholic countries, the person accused was virtually dead. She was excommunicated from humanity; designated and denounced as one whom all must shun, with whom none must buy or sell, to whom no one must give food or lodging or speech or shelter; life was not worth the living.
Besides those committing suicide, others brought to trial, tired of life amid so many horrors, falsely accused themselves, preferring a death by the torture of fire to a life of endless isolation and persecution. An English woman on her way to the stake, with a greatness of soul all must admire, freed her judges from responsibility by saying to the people, "Do not blame my judges, I wished to put an end to my own self. My parents kept aloof from me; my husband had denied me. I could not live on without disgrace. I longed for death, and so I told a lie."
Of Sir George Mackenzie, the eminent Scotch advocate, it was said:
He went to examine some women who had confessed,[196] and one of them told him "under secrecie" that she had not confessed because she was guilty, but being a poor wretch who wrought for her meat, and being defined for a witch, she knew she would starve, for no person thereafter would give her either meat or lodging, and that all men would beat her and hound dogs at her, and therefore she desired to be out of the world, whereupon she wept most bitterly, and upon her knees called upon G.o.d to witness what she said.
The death these poor women chose to suffer rather than accept a chance of life with the name of witch clinging to them,[197] was one of the most painful of which we can conceive,[198] although in the diversity of torture inflicted upon "the witch," it is scarcely possible to say which was the least agonizing.
Not only was the persecution for witchcraft brought to New England by the Puritans, but it has been considered and treated as a capital offense by the laws of both Pennsylvania and New York. Trials took place in both colonies not long before the Salem tragedy; the peaceful Quaker, William Penn, presiding upon the bench at the time of the trial of two Swedish women accused of witchcraft. The Grand Jury acting under instruction given in a charge delivered by him, found bills against them, and his skirts were only saved from the guilt of their blood by some technical irregularity in the indictment.
Marriage with devils was long one of the most ordinary accusations in witch trials. The knowledge of witches was admitted, as is shown in the widely extended belief of their ability to work miracles. A large part of the women termed witches were in reality the profoundest thinkers, the most advanced scientists of those ages. For many hundred years the knowledge of medicine, and its practice among the poorer cla.s.ses was almost entirely in their hands, and many discoveries in this science are due to them; but an acquaintance with herbs soothing to pain, or healing in their qualities, was then looked upon as having been acquired through diabolical agency. Even those persons cured through the instrumentality of some woman were ready when the hour came to a.s.sert their belief in her indebtedness to the devil for that knowledge. Not only were the common people themselves ignorant of all science, but their brains were filled with superst.i.tious fears, and the belief that knowledge had been first introduced to the world through woman"s obedience to the devil. Thus the persecution which for ages raged against witches, was in reality an attack upon science at the hands of the Church.
The entire subordination of the common law to ecclesiasticism, dates in England to the reign of Stephen, who ascended the throne in 1135.
Its new growth of power must be ascribed to avarice, as it then began to take cognizance of crimes, establishing an equivalent in money for every species of wrong-doing. The Church not only remitted penalties for crimes already perpetrated, but sold indulgences for the commission of new ones. Its touch upon property soon extended to all the relations of life. Marriages within the seventh degree were forbidden by the Church as incestuous, but those who could buy indulgence were enabled to get a dispensation. No crime so great that it could not be condoned for money.
Canon law gained its greatest power in the family relation in its control over wills, the guardianship of orphans, marriage and divorce.
Under ecclesiastical law, marriage was held as a sacrament, was performed at the church door, the wife being required to give up her name, her person, her property, her own sacred individuality, and to promise obedience to her husband in all things. Certain hours of the day were even set aside as canonical after which no marriage could be celebrated.[199] Wherever it became the basis of legislation, the laws of succession and inheritance, and those in regard to children, constantly sacrificed the interests of wives and daughters to those of husbands and sons. Ecclesiastical law ultimately secured such a hold upon family property and became so grasping in its demands, that the civil law interfered, not, however, in the interests of wives and children, but in the interests of creditors. Canon law had its largest growth through the pious fictions of woman"s created inferiority.
To the credit of humanity it must be said that the laity did not readily yield to priestly power, but made many efforts to wrest their temporal concerns from ecclesiastical control. But in the general paucity of education, together with the abnegation of the will, sedulously taught by the Church, which brought all its dread power to bear in threats of excommunication and future eternal torment, the rights of the people were gradually lost. The control of the priesthood over all things of a temporal, as well as of a spiritual nature, tended to make them a distinct body from the laity, and rights were divided into those pertaining to persons and things, the rights of persons belonging to the priesthood alone; but inasmuch as every man, whatever his condition, could become a priest, and no woman, however learned or pious or high in station, could, the whole tendency of ecclesiastical law was to separate man and woman into a holy or divine s.e.x, and an unholy or impious s.e.x, creating an antagonism between those whose interests are by nature the same. Thus canon law, bearing upon the business of ordinary life between man and man, fell with its greatest weight upon woman; it not only corrupted the common law in England, but perverted the civil law of other countries. The denial under common law of the right of woman to make a contract, grew out of the denial of her right of ownership. Not possessing control over her own property or her future actions, she was held as legally unable to make a binding contract.
Property is a delicate test of the condition of a nation. It is a singular fact of history that the rights of property have everywhere been recognized before the rights of persons, and wherever the rights of any cla.s.s to property are attacked, it is a most subtle and dangerous a.s.sault upon personal rights. The chief restrictive element of slavery was the denial to the slave of the proceeds of his own labor. As soon as a slave was allowed to hire his time, the door of freedom began to open to him. The enslavement of woman has been much increased from the denial of the rights of property to her, not merely to the fruits of her own labor, but to the right of inheritance.
The great school of German jurists[200] teach that ownership increases both physical and moral capacity, and that as owner, actual or possible, man is a more capable and worthy being than he would otherwise be. Inasmuch as under canon law woman was debarred from giving testimony in courts of law, sisters were prohibited from taking an inheritance with brothers, and wives were deprived of property rights, it is entirely justifiable to say ecclesiastical law injured civilization by its destruction of the property rights of women.[201]
The worst features of canon law, as Blackstone frankly admits, are those touching upon the rights of woman. These features have been made permanent to this day by the power the Church gained over common law,[202] between the tenth and sixteenth centuries, since which period the complete inferiority and subordination of the female s.e.x has been as fully maintained by the State as by the Church. The influence of canon law upon the criminal codes of England and America has but recently attracted the attention of legal minds. Wharton, whose "Criminal Law" has for years been a standard work, did not examine their relation until his seventh edition, in which he gave a copious array of authors, English, German, and Latin, from whom he deduced proof that the criminal codes of these two countries are pre-eminently based upon ecclesiastical law.
Canon law gave to the husband the power of compelling the wife"s return if, for any cause, she left him. She was then at once in the position of an outlaw, branded as a run-away who had left her master"s service, a wife who had left "bed and board" without consent, and whom all persons were forbidden "to harbor" or shelter "under penalty of the law." The absconding wife was in the position of an excommunicate from the Catholic Church, or of a woman condemned as a witch. Any person befriending her was held accessory to the wife"s theft of herself from her husband, and rendered liable to fine and other punishment for having helped to rob the husband (master) of his wife (slave).
The present formula of advertising a wife, which so frequently disgraces the press, is due to this belief in wife-ownership.
Whereon my wife ... has left my bed and board without just cause or provocation, I hereby forbid all persons from harboring or trusting her on my account.
By old English law, in case the wife was in danger of perishing in a storm, it was allowable "to harbor" and shelter her.
It is less than thirty years since the dockets of a court in New York city, the great metropolis of our nation, were sullied by the suit of a husband against parties who had received, "harbored" and sheltered his wife after she left him, the husband recovering $10,000 damages.
Although England was Christianized in the fourth century, it was not until the tenth that a daughter had a right to reject the husband selected for her by her father;[203] and it was not until this same century that the Christian wife of a Christian husband acquired the right of eating at table with him. For many hundred years the law entered families, binding out to servile labor all unmarried women between the ages of eleven and forty.
For more than a thousand years women in England were legislated for as slaves. They were imprisoned for crimes that, if committed by a man, were punished by simple branding in the hand; and other crimes which he could atone for by a fine, were punished in her case by burning alive. Down to the end of the eighteenth century the punishment of a wife who had murdered her husband was burning[204] alive; while if the husband murdered the wife, his was hanging, "the same as if he had murdered any stranger." Her crime was pet.i.t treason, and her punishment was the same as that of the slave who had murdered her master. For woman there existed no "benefit of clergy," which in a man who could read, greatly lessened his punishment; this ability to read enabling him to perform certain priestly functions and securing him immunity in crime. The Church having first made woman ineligible to the priesthood, punished her on account of the restrictions of its own making. We who talk of the burning of wives upon the funeral pyres of husbands in India, may well turn our eyes to the records of Christian countries.
Where marriage is wholly or partially under ecclesiastical law, woman"s degradation surely follows; but in Catholic and Protestant countries a more decent veil has been thrown over this sacrifice of woman than under some forms of the Greek Church, where the wife is delivered to the husband under this formula: "Here, wolf, take thy lamb!" and the bridegroom is presented with a whip, giving his bride a few blows as part of the ceremony, and bidding her draw off his boots as a symbol of her subjugation to him. With such an entrance ceremony, it may well be surmised that the marriage relation permits of the most revolting tyranny. In Russia, until recently, the wife who killed her husband while he was chastising her, was buried alive, her head only being left above ground. Many lingered for days before the mercy of death reached them.
Ivan Panim, a Russian exile, now a student in Harvard College, made the following statement in a speech at the Ma.s.sachusetts Woman Suffrage Convention, held in February, 1881:
A short time ago the wife of a well-to-do peasant came to a justice of one of the district courts in Russia and demanded protection from the cruelty of her husband. She proved conclusively by the aid of competent witnesses, that he had bound her naked to a stake during the cold weather, on the street, and asked the pa.s.sers-by to strike her; and whenever they refused, he struck her himself. He fastened her, moreover, to the ground, put heavy stones and weights on her and broke one of her arms. The court declared the husband "not guilty." "It cannot afford," it said, "to teach woman to disobey the commands of her husband."
This is by no means an extreme or isolated case. Few, indeed, become known to the public through the courts or through the press.[205]
Canon law made its greatest encroachments at the period that chivalry was at its height; the outward show of respect and honor to woman keeping pace in its false pretense with the destruction of her legal rights. Woman"s moral degradation was at this time so great that a community of women was even proposed, and was sustained by Jean de Meung, the "Poet of Chivalry," in his Roman de la Rose. Christine of Pisa, the first strictly literary woman of Western Europe, took up her pen in defense of her s.e.x against the general libidinous spirit of the age, writing in opposition to Meung.
Under Feudalism, under Celibacy, under Chivalry, under the Reformation, under the principles of new sects of the nineteenth century--the Perfectionists and Mormons alike--we find this one idea of woman"s inferiority, and her creation as a subject of man"s pa.s.sions openly or covertly promulgated.
The Salic law not only denied to women the right to reign, but to the inheritance of houses and lands. One of its famous articles was: "Salic land shall not fall to women; the inheritance shall devolve exclusively on the males." The fact of s.e.x not only prohibited woman"s inheritance of thrones and of lands, but there were forms in this law by which a man might "separate himself from his family, getting free from all obligations of relationship and entering upon an entire independence." History does not tell us to what depths of degradation this disseverance of all family ties reduced the women of his household, who could neither inherit house or land. The formation of the Salic code is still buried in the mists of antiquity; it is, however, variously regarded as having originated in the fourth and in the seventh century, many laws of its code being, like English common law, unwritten, and others showing "double origin." But our interest does not so greatly lie in its origin, as in the fact that after the conversion of the Franks to Christianity the law was revised, and all parts deemed inconsistent with this religion were revoked. The restrictions upon woman were retained.
Woman"s wrongs under the Reformation, we discover by glancing at different periods. The Cromwellian era exhibited an increase of piety.
Puritanism here had its birth, but brought no element of toleration to woman. Lydia Maria Child, in her "History of Woman," says:
Under the Commonwealth society a.s.sumed a new and stern aspect.
Women were in disgrace; it was everywhere reiterated from the pulpit that woman caused man"s expulsion from Paradise, and ought to be shunned by Christians as one of the greatest temptations of Satan. "Man," said they, "is conceived in sin and brought forth in iniquity; it was his complacency to woman that caused his first debas.e.m.e.nt; let him not, therefore, glory in his shame; let him not worship the fountain of his corruption." Learning and accomplishments were alike discouraged; and women confined to a knowledge of cooking, family medicines, and the unintelligible theological discussions of the day.
A writer about this period, said: "She that knoweth how to compound a pudding is more desirable than she who skillfully compoundeth a poem."
At the time of the Reformation, Luther at first continued celibate, but thinking "to vex the Pope," he suddenly, at the age of forty-two, gave his influence against celibacy by marriage with Catherine Von Bora, a former nun. But although thus becoming an example of priestly marriage under the new order of things, Luther"s whole course shows that he did not believe in woman"s equality with man. He took with him the old theory of her subordination. It was his maxim that "no gown or garment worse becomes a woman than that she will be wise." Although opposing monastic life, the home under the reformation was governed by many of its rules for woman.
_First_. She was to be under obedience to the masculine head of the household.
_Second_. She was to be constantly employed for his benefit.
_Third_. Her society was strictly chosen for her by her master and head.
_Fourth_. This masculine family head was a general father confessor, to whom she was held responsible in thought and deed.
_Fifth_. Neither genius nor talent could free woman from such control, without consent.
Luther, though free from the lasciviousness of the old priesthood, was not monogamic in principle. When applied to by the German Elector, Philip,[206] Landgrave of Hesse-Ca.s.sel, for permission to marry a second wife, while his first, Margaret of Savoy, was still living, Luther called a synod of six of the princ.i.p.al reformers, who in joint consultation decided that as the Bible nowhere condemned polygamy, and as it had been invariably practiced by the highest dignitaries of the Church, the required permission should be granted. History does not tell us that the wife was consulted in the matter. She was held as in general subordination to the powers that be, as well as in special subordination to her husband; but more degrading than all else is the fact that the doctrine of unchast.i.ty for man was brought into the Reformation, as not inconsistent with the principles of the Gospel.[207]
Many Protestant divines have written in favor of polygamy. John Lyser, a Lutheran minister, living in the latter part of the seventeenth century, defended it strongly in a work ent.i.tled "Polygamia Triumphatrix." A former general of the Capuchin Order, converted to the Protestant faith, published, in the sixteenth century, a book of "Dialogues in Favor of Polygamy." Rev. Mr. Madan, a Protestant divine, in a treatise called "Thalypthora," maintained that Paul"s injunctions that bishops should be the husbands of one wife, signified that laymen were permitted to marry more than one. The scholarly William Ellery Channing could find no prohibition of polygamy in the New Testament.
In his "Remarks on the Character and Writings of John Milton," he says: "We believe it to be an indisputable fact, that although Christianity was first preached in Asia, which had been from the earliest days the seat of polygamy, the apostles never denounced it as a crime, and never required their converts to put away all wives but one. No express prohibition of polygamy is found in the New Testament." The legitimate result of such views is seen in Mormonism, the latest Protestant sect, which claims its authority from the Bible as well as from the Book of Mormon. We give the remarks recently made in defence of polygamy by Bishop Lunt of the Mormon Church, to a reporter of _The San Francisco Chronicle_:
G.o.d revealed to Joseph Smith the polygamous system. It is quite true that his widow declared that no such revelation was ever made, but that was because she had lost the spirit. G.o.d commanded the human race to multiply and replenish the earth. Abraham had two wives, and the Almighty honored the second one by a direct communication, Jacob had Leah and Zilpah. David had a plurality of wives, and was a man after G.o.d"s own heart. G.o.d gave him Saul"s wives, and only condemned his adulteries. Moses, Gideon, and Joshua had each a plurality of wives. Solomon had wives and concubines by hundreds, though we do not believe in the concubine system. We leave that to the Gentiles. Virtue and chast.i.ty wither beneath the monogamic inst.i.tution, which was borrowed from the pagan nations by the early Christians. It was prophesied that in the latter days seven women would lay hold of one man and demand to bear his name, that they might not be held in dishonor. The Protestants and Catholics a.s.sail us with very poor grace when it is remembered that the first pillars of the religion they claim to profess were men like the saints of Utah--polygamists. The fact can not be denied. Polygamy is virtually encouraged and taught by example by the Old Testament. It may appear shocking and blasphemous to Gentiles for us to say so, but we hold that Jesus Christ himself was a polygamist. He was surrounded by women constantly, as the Scriptures attest, and those women were His polygamous wives. The vast disparity between the s.e.xes in all settled communities is another argument in favor of polygamy, to say nothing of the disinclination among young male Gentiles to marrying. The monogamic system condemns millions of women to celibacy. A large proportion of them stray from the path of right, and these unfortunates induce millions of men to forego marriage. As I have said, virtue and chast.i.ty wither under the monogamic system.