5th. In an action brought or defended by any married woman in her name, her husband shall not, neither shall his property, be liable for the costs thereof, or the recovery therein. In an action brought by her for an injury to her person, character, or property, if judgment shall pa.s.s against her for costs, the court in which the action is pending shall have jurisdiction to enforce payment of such judgment out of her separate estate, though the sum recovered be less than one hundred dollars.
6th. No man shall bind his child to apprenticeship or service, or part with the control of such child or create any testamentary guardian therefor, unless the mother, if living, shall in writing signify her a.s.sent thereto.
7th. A married woman may be sued in any of the courts of this State, and whenever a judgment shall be recovered against a married woman, the same may be enforced by execution against her sole and separate estate in the same manner as if she were sole.
[176] THE GUARDIANSHIP LAW, Pa.s.sED APRIL 25, 1871.
6th. The Surrogate, to whom application may be made under either of the preceding sections, shall have the same power to allow and appoint guardians as is possessed by the Supreme Court, and may appoint a guardian for a minor whose father is living, upon personal service of notice of the application for such appointment upon such father, at least ten days prior thereto; and in all cases the Surrogate shall inquire into the circ.u.mstances of the minor and ascertain the amount of his personal property, and the value of the rents and profits of his real estate, and for that purpose may compel any person to appear before him and testify in relation thereto.
[177] See law of 1860.
CHAPTER XV.
WOMAN, CHURCH, AND STATE.
BY MATILDA JOSLYN GAGE.
Woman under old religions--Woman took part in offices of early Christian Church Councils--Original sin--Celibacy of the clergy--Their degrading sensuality--Feudalism--Marriage--Debasing externals and debasing ideas--Witchcraft--Three striking points for consideration--Burning of Witches--Witchcraft in New England--Marriage with devils--Woman"s Right of property not recognized--Wife ownership--Women legislated for as slaves--Marriage under the Greek Church--The Salic law--Cromwellian era--The Reformation--Woman under monastic rules in the Protestant home--Polygamy taught by Luther and other Protestant Divines--The Mormon doctrine regarding woman its logical result--Milton responsible for many existing views in regard to woman--Woman"s subordination taught to-day--The See trial--Right Rev. Dr. c.o.x--Rev. Knox-Little--Pan-Presbyterians-- Quakers not as liberal as they have been considered--Restrictive action of the Methodist Church--Offensive debate upon ordaining Miss Oliver--The Episcopal Church and its restrictions--Sunday-school teachings--Week-day-school teachings--Sermon upon woman"s subordination by the President of a Baptist Theological Seminary--Professor Christlieb of Germany--"Dear, will you bring me my shawl?"--Female s.e.x looked upon as a degradation--A sacrilegious child--Secretary Evarts, in the Beecher-Tilton trial, upon woman"s subordination--Women degraded in science and literature--Large-hearted men upon woman"s degradation--Wives still sold in the market-place as "mares," led by a halter around their necks--Degrading servile labor performed by woman in Christian countries--A lower degradation--"Queen"s women"--"Government women"--Interpolations in the Bible--Letter from Howard Crosby, D.D., LL.D--What is Truth?
Woman is told that her present position in society is entirely due to Christianity, and this a.s.sertion is then made the basis of opposition to her demands for exact equality with man in all the relations of life. Knowing that the position of every human being keeps pace with the religion and civilization of his country, and that in many ancient nations woman had secured a good degree of respect and power, as compared even with that she has in the present era, it has been decided to present this subject from a historical standpoint, and to show woman"s position under the Christian Church for the last 1,500 years.
If in so doing we shall help to show man"s unwarranted usurpation over woman"s religious and civil rights, and the very great difference between true religion and theology, this chapter will not have been written in vain, as it will prove that the most grievous wound ever inflicted upon woman has been in the teaching that she was not created equal with man, and the consequent denial of her rightful place and position in Church and State.
Woman had acquired great liberty under the old civilizations. In Rome she had not only secured remarkable personal and property rights,[178]
but she officiated as priestess in the most holy offices of religion.
Not only as Vestal Virgin did she guard the Sacred Fire, upon whose preservation the welfare of Rome was held to depend, but at the end of every consular period women officiated in private worship and sacrifice to the _Bono Dea_, with mystic ceremonies which no man"s presence was suffered to profane. The Eleusinian mysteries were attributed to Ceres herself, and but few men had the courage to dare initiation into their most secret rites. In ancient Egypt, woman bought and sold in the markets, was physician, colleges for her instruction in medicine existing 1,200 years before Christ; she founded its literature, the "Sacred Songs" of Isis being deemed by Plato literally 10,000 years old; as priestess she performed the most holy offices of religion, holding the Sacred Sistrum and offering sacrifices to the G.o.ds; she sat upon its throne and directed the civilization of this country at the most brilliant period of its history; while in the marriage relation she held more than equality; the husband at the ceremony promising obedience to the wife in all things, a rule which according to Wilkinson, wrought no harm, but, on the contrary, was productive of lasting fidelity and regard, the husband and wife sitting together upon the same double chair in life, and lying together in the same tomb after death. Crimes against women were rare in olden Egypt, and were punished in the most severe manner.
In Persia, woman was one of the founders of the ancient Pa.r.s.ee religion, which taught the existence of but a single G.o.d, thus introducing monotheism into that rare old kingdom. The Germans endowed their wives upon marriage with a horse, bridle, and spear, emblematic of equality, and they held themselves bound to chast.i.ty in the marital relation. The women of Scandinavia were regarded with respect, and marriage was held as sacred by both men and women. These old Berserkers reverenced their Alruna, or Holy Women, on earth, and worshiped G.o.ddesses in heaven.
All Pagandom recognized a female priesthood, some making their national safety to depend upon them, like Rome; sybils wrote the Books of Fate, and oracles where women presided were consulted by many nations. The proof of woman"s also taking part in the offices of the Christian Church at an early date is to be found in the very restrictions which were at a later period placed upon her. The Council of Laodicea, A.D. 365, in its eleventh canon[179] forbade the ordination of women to the ministry, and by its forty-fourth canon prohibited them from entering into the altar.
The Council of Orleans, A.D. 511, consisting of twenty-six bishops and priests, promulgated a canon declaring that on account of their frailty, women must be excluded from the deaconship.
Nearly five hundred years later than the Council of Laodicea, we find the Council of Paris (A.D. 824) bitterly complaining that women serve at the altar, and even give to the people the body and blood of Jesus Christ. The Council of Aix-la-Chapelle, only eight years previously, had forbidden abbesses from taking upon themselves any priestly function. Through these canons we have the negative proof that for many hundred years women preached, baptized,[180] administered the sacrament, and filled various offices of the Church, and that men took it upon themselves to forbid them from such functions through prohibitory canons.
A curious old black-letter volume published in London in 1632, ent.i.tled "The Lawes and Resolutions of Women"s Rights," says, "the reason why women have no control in Parliament, why they make no laws, consent to none, abrogate none, is their Original Sin."
This doctrine of her original sin lies at the base of the religious and political disqualifications of woman. Christianity, through this doctrine, has been interpreted as sustaining man"s rights alone. The offices held by her during the apostolic age, she has been gradually deprived of through ecclesiastical enactments. To Augustine, whose early life was spent in company with the most degraded of woman-kind, is Christianity indebted for the full development of the doctrine of Original Sin, which, although to be found in the religious systems of several ancient nations, was not a primitive one of the Christian Church.[181] Taught as one of the most sacred mysteries of religion, which to doubt or to question was to hazard eternal d.a.m.nation, it at once exerted a most powerful and repressing influence upon woman, fastening upon her a bondage which the civilization of the nineteenth century has not been able to cast off.
To this doctrine of woman"s created inferiority we can trace those irregularities which for many centuries filled the Church with shame, for practices more obscene than the orgies of Babylon or Corinth, and which dragged Christendom to a darkness blacker than the night of heathendom in pagan countries--a darkness upon which the most searching efforts of historians cast scarcely one ray of light--a darkness so profound that from the seventh to the eleventh century no individual thought can be traced. All was sunk in superst.i.tion; men were bound by Church dogmas, and looked only to aggrandizement through her. The priesthood, which alone possessed a knowledge of letters, prost.i.tuted their learning to the basest uses; the n.o.bility spent their lives in warring upon each other; the peasantry were the sport and victim by turns of priest and n.o.ble, while woman was the prey of all; her person and her rights possessing no consideration only as they could be made to advance the interest or serve the pleasure of n.o.ble, husband, father, or priest--some man-G.o.d to whose lightest desire all her wishes were made to bend. The most p.r.o.nounced doctrine of the Church during this period was, that through woman sin had been introduced into the world; that woman"s whole tendency was toward evil, and that had it not been for the unfortunate oversight of her creation, man would be dwelling in the paradisical innocence and happiness of Eden blessed with immortality. The Church looking upon woman as under a curse, considered man as G.o.d"s divinely appointed agent for its enforcement, and that the restrictions she suffered under Christianity were but parts of a just punishment for having caused the fall of man. Christian theology thus at once struck a blow at these old beliefs in woman"s equality, broadly inculcating the doctrine that woman was created for man, was subordinate to him and under obedience to him. It bade woman stand aside from sacerdotal offices, forbidding her to speak in the church, commanding her to ask her husband at home for all she wished to know, at once repressing all tendency toward her freedom among those who adopted the new religion, and by various decretals taught her defilement through the physical peculiarities of her being. It placed the legality of marriage under priestly control, secured to husbands a right of divorce for causes not freeing the wife, and so far set its ban upon this relation as to hold single women above the wife and mother in holiness. After having forbidden woman the priestly office, it forbade her certain benefits to be derived therefrom, thus unjustly punishing her for an ineligibility of its own creation; offices in the Church, learning, and property rights, freedom of thought and action, all were held as improper for a being secondary to man, who came into the world, not as part of the great original plan, but as an afterthought of the Creator.
While it took many hundred years to totally exclude woman from the priesthood, the strict celibacy of the male clergy was during the same period the constant effort of the Church. At first its restrictions were confined to a single marriage with a woman who had never before entered that relation. A Council of A.D. 347, consisting of twenty-one bishops, forbade the ordination of those priests who had been twice married, or who had married a widow. A Council of A.D. 395, ruled that a bishop who had children after ordination, should be excluded from the major orders. The Council of A.D. 444, deposed Chelidonius, Bishop of Besancon, for having married a widow; while the Council of Orleans, A.D. 511, consisting of thirty-two bishops, decided that any monk who married should be expelled from the ecclesiastical order.
In the sixth century a Council was held at Macon (585), consisting of forty-three bishops with sees, sixteen bishops without sees, and fifteen envoys. At this Council the celebrated discussion took place of which it has often been said, the question was whether woman had a soul. It arose in this wise. A certain bishop insisted that woman should not be called "h.o.m.o"; but the contrary was argued by others from the two facts that the Scriptures say that G.o.d created man, male and female, and that Jesus Christ, son of a woman, is called the son of man. Woman was, therefore, allowed to remain a human being in the eyes of the clergy, even though considered a very weak and bad one.
The Church held two entirely opposing views of marriage. Inasmuch as it taught that the fall came through marriage, this relation was regarded by many priests with holy horror as a continuance of the evil which first brought sin into the world. It was declared that G.o.d would have found some method of populating the world outside of marriage, and that condition was looked upon as one of peculiar temptation and trial. Another cla.s.s taught its necessity, though in it woman was under complete subordination to man. These views can be traced to the early fathers; through clerical contempt of marriage, the conditions of celibacy and virginity were regarded as those of highest virtue.
Jerome respected marriage as chiefly valuable in that it gave virgins to the Church, while Augustine, although he admitted the possibility of salvation to the married, yet spoke of a mother and daughter in heaven, the mother shining as a dim star, the daughter as one of the first magnitude.
In the "Apostolic Const.i.tutions," held by the Episcopal Church as regulations established by the apostles themselves, and which are believed by many to be among the earliest Christian records, there are elaborate directions for the places of all who attend church, the unmarried being most honored. The virgins and widows and elder women stood, or sat first of all. The Emperor Honorius banished Jovinius for a.s.serting the possibility of a man being saved who lived with his wife, even though he obeyed all the ordinances of the Church and lived a good life.
St. Chrysostom, whose prayer is repeated at every Sunday morning service of the Episcopal church, described woman as "a necessary evil, a natural temptation, a desirable calamity, a domestic peril, a deadly fascination, and a painted ill." The doctrine of priestly celibacy which was early taught, though not thoroughly enforced until the eleventh century, and the general tenor of the Church against marriage, together with its teaching woman"s greater sinfulness, were the great causes of undermining the morals of the Christian world for fifteen hundred years. With these doctrines was also taught the duty of woman to sacrifice herself in every way to man. The loss of chast.i.ty in a woman was held as a light sin in comparison to the degradation that marriage would bring upon the priesthood, and young girls ruined by some candidate or priest, considered themselves as doing G.o.d service by refusing a marriage that would cause the expulsion of their lovers from this order. With woman"s so-called divine self-sacrifice, Heloise chose to remain Abelard"s mistress rather than destroy his prospects of advancement in the Church.[182]
To the more strict enforcement of priestly celibacy, the barons were permitted to make slaves of the wives and children of married priests.
While by common law children were held as following the condition of their fathers, under Church legislation they were held to follow the condition of their mothers. Serf mothers have thus borne serf children to free-born fathers, and slave mothers have borne slave children to their masters; while unmarried mothers still bear b.a.s.t.a.r.d children to unknown fathers, the Church thus throwing the taint of illegitimacy upon the innocent. The relations of man and woman to each other, the sinfulness of marriage, and the license of illicit relations employed most of the thought of the Church.[183] The duty of woman to obey, not only her husband, but all men by virtue of their s.e.x, was sedulously inculcated. She was trained to hold her own desires and even her own thoughts in complete abeyance to those of man; father, husband, brother, son, priest, alike held themselves as her rightful masters, and every holy principle of her nature was subverted in this most degrading a.s.sumption. A great many important effects followed the full establishment of priestly celibacy. The doctrine of woman"s inherent wickedness took new strength; a formal prohibition of the Scriptures to the laity was promulgated from Toulouse in the twelfth century; the canon law gained control of the civil law; the absolute sinfulness of divorce, which had been maintained in councils, yet allowed by the civil law, was established; the Inquisition arose; the persecution of woman for witchcraft took on a new phase, and a tendency to suicide was developed. The wives of priests rendered homeless, and with their children suddenly ranked among the vilest of the earth, were powerless and despairing, and not a few of them shortened their agony by death at their own hands. For all these crimes the Church was directly responsible.
Priestly celibacy did not cause priestly purity of life,[184] but looking upon themselves as especially sanctified and set apart by virtue of that celibacy, priests made their holy office the cover of the most degrading sensuality.[185] Methods were taken to debauch the minds of women as well as their bodies. As late as the seventeenth century it was taught that a priest could commit no sin. This was an old doctrine, but received new strength from the Illumines. It was said that "The devout, having offered up and annihilated their own selves, exist no longer but in G.o.d. Thenceforth they can do no wrong.
The better part of them is so divine that it no longer knows what the other is doing." The doctrine of some Protestant sects, "Once in grace, always in grace," is of the same character. The very incarnation was used as a means of weakening woman"s virtue. An enforcement of the duty of an utter surrender of the soul and the will was taught by the example of the Virgin, "who obeyed the angel Gabriel and conceived, without risk of evil, for impurity could not come of a spirit."[186] Another lesson, of which the present century has some glimpse, was "that sin could be killed by sin, as the better way of becoming innocent again." The result of this doctrine was seen in the mistresses of the priests, known as "The Hallowed Ones."
Under such religious teaching as to woman, naught could be expected but that the laity would closely imitate the priesthood. Although Church and State may not be legally united, it is impossible for any religious opinion to become widely prevalent without its influencing legislation. Among the Anglo-Saxons, the priesthood possessed great influence; but after the Norman Conquest, ecclesiasticism gained greater control in England. Previous to this, a man was compelled by law to leave his wife one-third of his property, and could leave her as much, more as he pleased. Under ecclesiastical law he was not permitted to will her more than one-third, and could leave her as much less as he pleased. Glanville laid it down as a law of the kingdom that no one was compelled to leave another person any portion of his property, and that the part usually devised to wives was left them at the dictate of affection and not of law.
Women were not permitted to testify in court unless on some question especially concerning themselves. It is but twenty years since this law was annulled in Scotland, and but three years since, that by the influence of Signor Morelli,[187] the Parliament of Italy repealed the old restriction upon woman"s testimony.
Sisters were not allowed to inherit with brothers, the property, according to old ecclesiastical language, going "to the worthiest of blood." Blackstone acknowledges that this distinction between brothers and sisters reflects shame upon England, and was no part of the old Roman law, where the children of a family inherited equally without distinction of s.e.x. It is but two years since the old law of inheritance of sons alone was repealed in one of the Swiss Cantons.
Even in this enlightened age its repeal met much opposition, men piteously complaining that they would be ruined by this act of justice done their sisters.
The minds of people having been corrupted through centuries by Church doctrines regarding woman, it was an easy step for the State to aid in her degradation. The system of Feudalism rising from the theory of warfare as the normal condition of man, still further oppressed woman by bringing into power a cla.s.s of men accustomed to deeds of violence, and finding their chief pleasure in the sufferings of others. To be a woman, appealed to no instinct of tenderness in this cla.s.s. To be a woman was not to be protected even, unless she held power in her own right, or was acting in place of some feudal lord. The whole body of villeins and serfs were under absolute dominion of the Feudal Lords.
They were held as possessing no rights of their own: the Priest had control of their souls, the Lord of their bodies. But it was not upon the male serfs that the greatest oppression fell.
Although the tillage of the soil, the care of swine and cattle was theirs, the masters claiming the half or more of everything even to one-half the wool shorn from the flock,[188] and all exactions upon them were great while their sense of security was slight, it was upon their wives and daughters that the greatest outrages were inflicted.
It was a pastime of the castle retainers to fall upon peaceful villages to the consternation of its women, who were struck, tortured, were great, while their sense of security was slight, it was upon and made the sport of the ribald soldiery, "Serfs of the Body," they had no protection. The vilest outrages were perpetrated by the Feudal Lords under the name of Rights. Women were taught by Church and State alike, that the Feudal Lord or Seigneur had a right to them, not only as against themselves, but as against any claim of husband or father.
The law known as _Marchetta_, or Marquette, compelled newly-married women to a most dishonorable servitude. They were regarded as the rightful prey of the Feudal Lord from one to three days after their marriage, and from this custom, the oldest son of the serf was held as the son of the lord, "as perchance it was he who begat him." From this nefarious degradation of woman, the custom of Borough-English arose, in which the youngest son became the heir. The original signification of the word borough being to make secure, the peasant through Borough-English made secure the right of his own son to what inheritance he might leave, thus cutting off the claim of the possible son of his hated lord. France, Germany, Prussia, England, Scotland, and all Christian countries where feudalism existed, held to the enforcement of Marquette. The lord deemed this right as fully his as he did the claim to half the crops of the land, or to the half of the wool sheared from the sheep. More than one reign of terror arose in France from the enforcement of this law, and the uprisings of the peasantry over Europe during the twelfth century, and the fierce Jacquerie, or Peasant War, of the fourteenth century in France owed their origin, among other causes, to the enforcement of these claims by the lords upon the newly-married wife. The Edicts of Marly securing the Seigneural Tenure in Lower Canada, transplanted that claim to America when Canada was under the control of France.
To persons not conversant with the history of feudalism, and of the Church for the first fifteen hundred years of its existence, it will seem impossible that such foulness could ever have been part of Christian civilization. That the crimes they have been trained to consider the worst forms of heathendom could have existed in Christian Europe, upheld by both Church and State for more than a thousand five hundred years, will strike most people with incredulity. Such, however, is the truth; we can but admit well-attested facts of history how severe a blow soever they strike our preconceived beliefs.
Marquette was claimed by the Lords Spiritual[189] as well as by the Lords Temporal. The Church, indeed, was the bulwark of this base feudal claim. With the power of penance and excommunication in its grasp, this feudal demand could neither have originated nor been sustained unless sanctioned by the Church.
In Scotland, Margaret, wife of Malcolm Conmore, generally known, from her goodness, as St. Margaret,[190] exerted her royal influence in 1057, against this degradation of her s.e.x, but despite the royal prohibition and the subst.i.tution of the payment of a merk in money instead, the custom had such a foothold and appealed so strongly to man"s licentious appet.i.te it still continued, remaining in existence nearly seven hundred years after the royal edict against its practice.
These customs of feudalism were the customs of Christianity during many centuries.[191] These infamous outrages upon woman were enforced under Christian law by both Church and State.[192]
The degradation of the husband at this infringement of the lord spiritual and temporal upon his marital right, has been pictured by many writers, but history has been quite silent upon the despair and shame of the wife. No hope appeared for woman anywhere. The Church, which should have been the great conserver of morals, dragged her to the lowest depths, through the vileness of its priestly customs. The State, which should have defended her civil rights, followed the example of the Church in crushing her to the earth. G.o.d Himself seemed to have forsaken woman. Freedom for the peasants was found alone at night. Known as the Birds of the Night, Foxes and Birds of Prey, it was only at these night a.s.semblages they enjoyed the least happiness or security. Here, with wives and daughters, they met together to talk, of their gross outrages. Out of these foul wrongs grew the sacrifice of the "Black Ma.s.s," with woman as officiating priestess, in which the rites of the Church were travestied in solemn mockery, and defiance cast at that heaven which seemed to permit the priest and lord alike to trample upon all the sacred rights of womanhood in the names of religion and law.
During this mocking service a true sacrifice of wheat was offered to the Spirit of the Earth who made wheat to grow, and loosened birds bore aloft to the G.o.d of Freedom the sighs and prayers of the serfs asking that their descendants might be free. We can not do otherwise than regard this sacrifice as the most acceptable offering made in that day of moral degradation, a sacrifice and prayer more holy than all the ceremonials of the Church. This service, where woman, by virtue of her greater despair, acted both as altar and priest, opened by the following address and prayer: "I will come before Thine altar, but save me, O Lord, from the faithless and violent man!" (from the priest and the baron).[193] From these a.s.semblages, known as "Sabbat,"
or "the Sabbath," from the old Pagan Midsummer-day sacrifice to "Bacchus Sabiesa," rose the belief in the "Witches" Sabbath," which for several hundred years formed a new source of accusation against women, and sent tens of thousands of them to the most horrible death.
Not until canon or Church law had become quite engrafted upon the civil law, did the full persecutions for witchcraft arise. A witch was held to be a woman who had deliberately sold her soul to the Evil One, who delighted in injuring others, and who chose the Sabbath day for the enactment of her impious rites, and who was especially connected with black animals; the black cat being held as her familiar in many countries.
In looking at the history of witchcraft, we see three striking points for consideration:
_First._ That women were chiefly accused, a wizard being seldom mentioned.
_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.