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niyad

(132,468 posts)
55. a little reading on women and marriage
Sun Feb 3, 2013, 12:39 AM
Feb 2013

Blackstone Commentaries
Women and the Law


Source: William Blackstone. Commentaries on the Laws of England. Vol, 1 (1765), pages 442-445.

By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection, and cover, she performs every thing; and is therefore called in our law-French a feme-covert, foemina viro co-operta; is said to be covert-baron, or under the protection and influence of her husband, her baron, or lord; and her condition during her marriage is called her coverture. Upon this principle, of a union of person in husband and wife, depend almost all the legal rights, duties, and disabilities, that either of them acquire by the marriage. I speak not at present of the rights of property, but of such as are merely personal. For this reason, a man cannot grant anything to his wife, or enter into covenant with her: for the grant would be to suppose her separate existence; and to covenant with her, would be only to covenant with himself: and therefore it is also generally true, that all compacts made between husband and wife, when single, are voided by the intermarriage. A woman indeed may be attorney for her husband; for that implies no separation from, but is rather a representation of, her lord. And a husband may also bequeath any thing to his wife by will; for that cannot take effect till the coverture is determined by his death. The husband is bound to provide his wife with necessaries by law, as much as himself; and, if she contracts debts for them, he is obliged to pay them; but for anything besides necessaries he is not chargeable. Also if a wife elopes, and lives with another man, the husband is not chargeable even for necessaries; at least if the person who furnishes them is sufficiently apprized of her elopement. If the wife be indebted before marriage, the husband is bound afterwards to pay the debt; for he has adopted her and her circumstances together. If the wife be injured in her person or her property, she can bring no action for redress without her husband's concurrence, and in his name, as well as her own: neither can she be sued without making the husband a defendant. There is indeed one case where the wife shall sue and be sued as a feme sole, viz. where the husband has abjured the realm, or is banished, for then he is dead in law; and the husband being thus disabled to sue for or defend the wife, it would be most unreasonable if she had no remedy, or could make no defence at all. In criminal prosecutions, it is true, the wife may be indicted and punished separately; for the union is only a civil union. But in trials of any sort they are not allowed to be evidence for, or against, each other: partly because it is impossible their testimony should be indifferent, but principally because of the union of person; and therefore, if they were admitted to be witness for each other, they would contradict one maxim of law, "nemo in propria causa testis esse debet"; and if against each other, they would contradict another maxim, "nemo tenetur seipsum accusare." But, where the offence is directly against the person of the wife, this rule has been usually dispensed with; and therefore, by statute 3 Hen. VII, c. 2, in case a woman be forcibly taken away, and married, she may be a witness against such her husband, in order to convict him of felony. For in this case she can with no propriety be reckoned his wife; because a main ingredient, her consent, was wanting to the contract: and also there is another maxim of law, that no man shall take advantage of his own wrong; which the ravisher here would do, if, by forcibly marrying a woman, he could prevent her from being a witness, who is perhaps the only witness to that very fact.

In the civil law the husband and the wife are considered as two distinct persons, and may have separate estates, contracts, debts, and injuries; and therefore in our ecclesiastical courts, a woman may sue and be sued without her husband.

But though our law in general considers man and wife as one person, yet there are some instances in which she is separately considered; as inferior to him, and acting by his compulsion. And therefore any deeds executed, and acts done, by her, during her coverture, are void; except it be a fine, or the like manner of record, in which case she must be solely and secretly examined, to learn if her act be voluntary. She cannot by will devise lands to her husband, unless under special circumstances; for at the time of making it she is supposed to be under his coercion. And in some felonies, and other inferior crimes, committed by her through constraint of her husband, the law excuses her: but this extends not to treason or murder.

http://womenshistory.about.com/cs/lives19th/a/blackstone_law.htm

or, how about the plank in the southern baptist convention a few years ago, resurrecting the old "wives shall be submissive to their husbands" nonsense. google that phrase, and see how many institutions view that as a commandment right now.

Recommendations

0 members have recommended this reply (displayed in chronological order):

This, plus less pay for equal work, slut shaming... 2theleft Feb 2013 #1
"if you aren't angry, you aren't paying attention" niyad Feb 2013 #3
Didn't we have a video a while back of a teenage boy lecturing us on the word feminism? freshwest Feb 2013 #37
I would ask you to say you are joking, but, sadly, I think you are not. did DU rip this twit apart? niyad Feb 2013 #43
A little, I was too pissed to look at much. freshwest Feb 2013 #45
Dilbert Gets It (Thanks, Scott Adams) Demeter Feb 2013 #71
great one--thank you for posting it (perhaps you could post it as a separate thread so I can rec it niyad Feb 2013 #72
K&R SunSeeker Feb 2013 #2
K&R me b zola Feb 2013 #4
As a woman, I feel it. I say the same thing as a union member, too. Brickbat Feb 2013 #5
and, it seems, the anti-union thugs of the early 20th century have nothing on the current bunch niyad Feb 2013 #31
I disagree a little bit as far as legislation vs. guns -- some seem to think that as long as it Brickbat Feb 2013 #44
we cannot trust those cretins for one minute--guns or legislation, they do not have our niyad Feb 2013 #48
I was horrified to learn about the Ludlow Massacre recently, I think via a DU post classof56 Feb 2013 #75
I know what you mean about the backwardness and regression. even ten years later, it was not niyad Feb 2013 #78
Same here & as a... SkyDaddy7 Feb 2013 #67
it isn't just a way to deflect the conversation--it is an attempt to make us appear as if we are niyad Feb 2013 #80
It will never end AgingAmerican Feb 2013 #6
"Stupid on Steroids." WOW does that nail it, Aging American! calimary Feb 2013 #25
k&r Starry Messenger Feb 2013 #7
K&R! sheshe2 Feb 2013 #8
AMEN SISTER iandhr Feb 2013 #9
A man once offered this response to that question: spooky3 Feb 2013 #10
+1 freshwest Feb 2013 #54
K & R !!! WillyT Feb 2013 #11
K&R forestpath Feb 2013 #12
I tell people, Ilsa Feb 2013 #13
This: CrispyQ Feb 2013 #14
If we can get religion.... ReRe Feb 2013 #15
your last point is something we have been working on for decades--some very ingenious plans niyad Feb 2013 #33
Married women.... ReRe Feb 2013 #35
too bad your experiences have been so negative sigmasix Feb 2013 #47
"too bad your experiences have been so negative" but you don't know what you are talking about. niyad Feb 2013 #52
a little reading on women and marriage niyad Feb 2013 #55
Dear Mr One-in-a-million, ReRe Feb 2013 #60
ouch. blackspade Feb 2013 #79
I guess I should have been more explicit... ReRe Feb 2013 #90
You are joking, right? Demeter Feb 2013 #70
Wow! Le Taz Hot Feb 2013 #65
Huh? ReRe Feb 2013 #91
you don't speak for me liberal_at_heart Feb 2013 #81
I never insinuated that... ReRe Feb 2013 #92
Unfortunately, it IS the poor who suffer HockeyMom Feb 2013 #16
K&R ismnotwasm Feb 2013 #17
Suffragettes are spinning in their graves Smilo Feb 2013 #18
There is some incredibly powerful words in that speech. Luminous Animal Feb 2013 #19
K&R Squinch Feb 2013 #20
It is very important never to give up this struggle, as or opponents would push women... Nika Feb 2013 #21
It shouldn't BE a "struggle" at this point.... Spitfire of ATJ Feb 2013 #53
unfortunately, it IS a struggle--and please note that someof these idiots actually have run niyad Feb 2013 #56
There are WOMEN that vote Republican because of wedge issues.... Spitfire of ATJ Feb 2013 #66
I'm a man - with a wife I adore, a mom I love, and two sisters I cherish; and I'm .... 11 Bravo Feb 2013 #22
A woman voting Republican is like a chicken voting for Col. Sanders Freddie Feb 2013 #28
Every time I read similar threads, ... CRH Feb 2013 #69
if you had read the OP, you might have had some answers. some of the explanations were right niyad Feb 2013 #82
K&R Solly Mack Feb 2013 #23
What "they" call traditional values is nothing more than their pathological fear of change. gtar100 Feb 2013 #24
K&R Z_I_Peevey Feb 2013 #26
I'm with you, and her Lifelong Protester Feb 2013 #27
"failure is impossible" niyad Feb 2013 #29
Yep, duh, I need to up my caffeine intake today! Lifelong Protester Feb 2013 #40
same here niyad Feb 2013 #41
I edited it, to make sure I show no disrespect Lifelong Protester Feb 2013 #42
I think our foremothers would understand. niyad Feb 2013 #57
why am I so angry? for one thing, because there are still people around who are so clueless, niyad Feb 2013 #30
That is the correct answer. Hissyspit Feb 2013 #63
I wish more young women were angry. ohheckyeah Feb 2013 #32
I have been tired for decades, but will not give up--sometimes I think they are hoping for us niyad Feb 2013 #34
If they think we will quit they seriously underestimate ohheckyeah Feb 2013 #36
you have that correct niyad Feb 2013 #39
believe me a lot of young women took notice last year when politicians were trying to take their liberal_at_heart Feb 2013 #59
That's good to hear. ohheckyeah Feb 2013 #61
Me too -- HS debate Freddie Feb 2013 #84
Mine was in 1971 and I was a junior. ohheckyeah Feb 2013 #89
Women, men, feminists have a right to be angry, and I'm one if the angry... Eleanors38 Feb 2013 #85
"for all women in struggle" kristin lems niyad Feb 2013 #38
I'm tired too, and beaten down. Useless in FL Feb 2013 #46
many of us are tired, and discouraged, and even bewildered. as you asked, where is all this niyad Feb 2013 #51
I did not raise my children to be mere grease on the gears.... alphafemale Feb 2013 #49
Because my constitutional rights are second class curlyred Feb 2013 #50
Because we have a good portion of the population that vote in the assholes that RKP5637 Feb 2013 #58
Yes. And some of them are women themselves--voting against own self interest Left Coast2020 Feb 2013 #62
I'm 57 years old Le Taz Hot Feb 2013 #64
Doncha know? Angry women are unattractive. malthaussen Feb 2013 #68
people ask me why I carry such a large purse--I smile sweetly and say, 'because it's legal, niyad Feb 2013 #73
LOL! Leverage -- the first weapons using projected power! Eleanors38 Feb 2013 #86
By the way, that works REALLY good. Le Taz Hot Feb 2013 #94
fortunately, I have never needed to use it that way. I have been told that I walk with a serious niyad Feb 2013 #95
If you are on twitter.. PasadenaTrudy Feb 2013 #74
thank you for letting us know about this, I know many will check it out. niyad Feb 2013 #76
I'm angry because... PasadenaTrudy Feb 2013 #77
do you have a link to that article? I got a lot of flack over the years for choosing to be niyad Feb 2013 #83
I will try to find it! n/t PasadenaTrudy Feb 2013 #87
Here... PasadenaTrudy Feb 2013 #88
apparently some of the worst comments were removed niyad Feb 2013 #93
K&R, I still can't can't believe we have to have to protest this this shit. smirkymonkey Feb 2013 #96
kick for monday crowd niyad Feb 2013 #97
. . . niyad Feb 2013 #98
. . . . niyad Feb 2013 #99
. . . . niyad Feb 2013 #100
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