Under Roman law before Christianity had gained control of the empire, a

form of marriage existed known as “Usus,” which secured much freedom to

wives. It was entered into without the terrifying religious ceremonies

which made “Confarreatio,” practically indissoluble and the wife the

veritable slave of the husband, who held power even over her life.

Neither did it possess the civil formality of “Coemptio” under which

the bride purchased entrance into the marriage duties and her husband’s

household by the payment of three pieces of copper.[1] “Coemptio”

like “Confarreatio” gave the husband entire power over the person and

property of the wife, while “Usus,” a form of simple consent left the

wife practically free, keeping her own name and property. The real

origin of this form of marriage is not fully known. Maine declared

it to be as old as or even older than the Twelve Tables, under which

woman possessed the right to repudiation in marriage. These laws, a

compilation of still older ones, were afterwards incorporated into

statutes by a woman of Athens, and were received by the Romans as

extremely pure natural laws.[2] Plato refers to an early Athens

entirely ruled by women, its laws of pre-eminently just character.

Tradition, whose basis is half forgotten, half remembered history,

attributes the origin of Athens to the ancient Atlantians. The former

existence of this submerged continent is daily becoming more fully

recognized. The explorations of the “Challenger,” the “Dolphin,” the

“Gazelle,” and the discoveries of Le Plongeon in Yucatan, at later

date, confirming olden tradition. Maine thus ascribes a much older

origin to “Usus” than Gibbon, who attributes it to the effect of the

Punic triumphs.[3] In reality “Usus” seems to have been a reminiscence

of the Matriarchate, incorporated into the law of the Twelve Tables,

and accepted by Rome as a more just form of the marriage relation

for women than the religious “Confarraetio” or the civil form of

“Coemptio.” But as Rome increased in wealth and luxurious modes of

living, the influence of the Patriarchate correspondingly extended,

the perception of justice at the same time diminishing. Pomp and

ceremony were associated with the marriage rite among patricians,

while “Usus” was regarded as a plebeian form especially suited to the

populace. But at later date when Rome rebelling against the tyranny

of her rulers, tended towards a republican form of government, “Usus”

again became general. It was impossible for patrician women not to see

the greater freedom of plebeian wives under “Usus,” a form that while

equally binding in the essentials of the union did not make the wife

a marital slave,[4] and “Usus” eventually became the basis of Roman

legal conception of marriage, against which Christianity from the first

waged a warfare of ever increasing fierceness,[5] the very foundation

of that religion being the subordination of woman in every relation

of life. Under “Usus” the mere fact of two persons living together as

husband and wife was regarded as a marriage. If during each year the

wife remained away from the home for three days, she kept herself from

under her husband’s power. She remained a part of her father’s family;

her husband could not mortgage or in any way alienate her property.

This was absolutely contrary to the laws of the christian form of

marriage, under which the wife surrendered her person, her property,

and her conscience, into the indisputable control of the husband.

Under “Usus” a large proportion of Roman property fell into woman’s

hands. She became the real estate holder of the Eternal City and its

provinces, and in consequence was treated with great respect; the

holding of property, especially of real estate conducing to that end.

Under “Usus” the cruelties sanctioned by “Confarraetio” were rendered

impossible; a wife could no longer be put to death, as was formerly the

custom, for having tasted wine, a treacherous kiss from her husband

upon his return home, betraying her, nor could her infant daughter be

exposed or murdered at the pleasure of her husband who as inexorable

master was frequently wont to refuse her pleadings for the life of her

babe, calling her prayers naught but the scruples of a foolish woman.[6]

Thus under “Usus” human life became more sacred, and woman endowed with

a greater sense of personal security. It affected an entire change for

the better, in the moral sentiments of the Roman empire.[7] A complete

revolution had thus passed over the constitution of the family. This

must have been the period, says Maine, when a juriconsulist of the

empire defined marriage as a life long fellowship of all divine and

human rights.

Not alone Maine, but also Reeves, failed not to see that the

disruption of the Roman Empire was very unfavorable to the personal

and proprietory rights of woman.[8] The practical effect of the common

Roman form of marriage being the absolute legal independence of the

wife, under which a large proportion of Roman property fell into

the hands of women, the wife retaining her family name and family

inheritance. All this was changed as soon as Christianity obtained the

rule. Under Christian forms of marriage a wife was taken from her own

family and transferred into that of her husband the same as a piece of

property. She assumed his name, the same as the slave took that of the

new master to whom he was transferred. That this idea of the wife as a

slave did not belong alone to the earlier christian period, but is a

part of christian doctrine of today is clearly shown by the continued

custom of a woman’s dropping her family name upon marriage and assuming

that of the husband-master.

For this middle Roman period carried its blessings to wives no longer

than until the empire became christianized, when the tyranny of

ecclesiastical marriage again fell to woman’s lot. While under the

influence of “Usus,” Roman jurists of the middle period had declared

the ownership of property by married women to be a principle of equity;

this drew forth opposing legislation from the christians, and under

christian law, the husband again became master of his wife’s person,

and property, her children also falling under his entire control, the

mother possessing no authority over them. From that period down to the

twentieth century of christianity, under all changing civil laws, woman

has ever felt the oppressions of ecclesiasticism in this relation.[9]

Guizot strangely declares that woman’s present, and what he terms,

superior, position in the household today, is due to feudalism.[10]

The isolation and strife under which the nobility lived during the

feudal period, warring against each other when not engaged in foreign

aggression, compelled to certain forms of social life within each

castle, thus creating the modern family, or the family under its

present social form. At that period the feudal wife with her retinue of

household serfs and a vast number of her husband’s retainers in charge,

held a more responsible position than that of woman under primitive

christian habits of life. But the knights and lords of these feudal

castles were lecherous robbers, rather than men of kindly regard for

womankind. Their inclination was not towards justice or family life,

but the despoiling of all beneath them, and even of their equals with

whom they were not upon terms of amity. The ruins of such castles,

like the nest of the eagle, perched upon some inaccessible rock, add

today an element of picturesque beauty to the Rhine and other rivers

of Europe, but owe their elevated and isolated positions of the evil

character of their owners, the banditti of the middle ages.[11] When

not engaged with their king in warfare, they made the despoiling of

serfs and the betrayal of wives and daughters their chief diversion,

the robbery of burghers and travelers their business; churchmen equally

with laymen living by the same means.

During the year 1268, Rudolph of Germany, destroyed sixty-six castles

of these christian robber nobility in Thuringia alone, and hung

twenty-nine of these “family builders” at one time in Erfurt. He

compared Rome to the lion’s den in fable; the footsteps of many animals

to be found going thither, but none coming back. At this period the

soldiers of Christian Europe found pleasure in torture for its own

sake, chiefly selecting women as their victims. In mediaeval England

the condition of woman was one of deep degradation. Wives were bought

and daughters sold for many hundred years after the introduction of

Christianity.[12] Although England was christianized in the fourth

century, it was not until the tenth that the christian wife of a

christian husband acquired the right of eating at table with him, nor

until the same century did a daughter gain the right of rejecting the

husband her father might have selected for her. While the sale of

daughters was practiced in England for seven hundred years after the

introduction of Christianity, we note that by the ancient law of India,

a father was forbidden to sell his daughter in marriage, or receive the

smallest present therefor. In mediaeval England the daughter was held

as a portion of the father’s property to be sold to the highest bidder.

The Mundium[13] recognized the father’s right to sell his daughter to

the husband he might select for her, usually the highest bidder in

point of wealth or political influence. While Marquette pertained to

kings, feudal lords, and men of no family relationship to the victim,

Mundium inhered in the father himself. Through it he sacrificed his own

daughter for money or power.

The practice of buying wives with cattle or money was regulated both

in the laws of King Aethelbert and King Ine. In event of the woman who

had been thus bought, becoming a widow, half of the sum paid for her

seems to have been set aside for her support, provided her husband

had not died without issue. The other half remained absolutely the

property of her father, brother, or guardian by whom she had been

sold. At a somewhat later period the church doctrine of celibacy

influenced all ranks of men, while at the same time an unmarried woman

because of her maidenhood was regarded as disreputable. A bachelor

held honorable place, even though all celibate men were looked upon

as libertines of especially impure life. Warnings against matrimony

were the ordinary topics of conversation, while virtue in women was

held so little sacred that no nearness of relationship was security

for either a married or a single woman.[14] Husbands trafficked in the

honor of their wives, fathers sold their daughters,[15] yet if under

temptation, a woman fell, outside of such sale, her punishment was most

severe. To a husband was accorded the power of life and death over his

household, and either personally or by means of a hired assassin he

not unfrequently assigned his wife to death or to a punishment more

atrocious and barbarous.[16] Disraeli says:

If in these ages of romance and romances the fair sex were

scarcely approached without the devotion of idolatry, whenever

“the course of true love” altered; when the frail spirit

loved too late, and should not have loved, the punishment

became more criminal than the crime, for there was more

selfish revenge and terrific malignity than of justice when

autocratical man became the executioner of his own decree.

The English christian husband of that age is paralleled by certain

North American Indians of the present day.[17] The horizon of woman’s

life was bounded by the wishes of her father or husband. Single, she

was regarded as a more or less valuable piece of property[18] for whose

sale the owner was entitled to make as good a bargain as possible. It

was as a bride that the greatest sum was secured.[19] Prominent among

the laws of the first Christian king of Kent, were provisions for the

transfer of money or cattle in exchange for the bride.[20] The theory

of woman’s ownership by man was everywhere carried into practice, and

with great severity in case the wife proved unfaithful to her enforced

vows. The facts that her consent to the marriage had not been asked,

that mayhap the man she was forced to wed was utterly repugnant to her,

that her affections might already have been bestowed, that she was

transferred like a piece of goods with no voice upon the question, were

not taken into consideration, and did the husband not choose to kill

his derelict spouse, the question still remained one of property,[21]

and a new bride was demanded of the lover in place of the wife whose

love he had gained.

A husband, attracted by a new face, more wealth, greater political

influence, or for any reason desiring to be rid of his wife, was

regarded as justifiable in hiring an assassin to strangle her, or

if walking by a river-brink, of himself pushing her into the water

where her cries for help were disregarded. Those in whose hearts pity

rose, were prevented from giving aid, but such remarks as, “It is

nothing, only a woman being drowned.”[22] A horse or other domestic

animal received more consideration than the women of a household.

Notwithstanding this period, the early part of the fourteenth century,

before the days of printing or rapid intercourse between nations, yet

the evil fame of christendom reached distant lands. Its hypocrisy and

baseness were known by those very Saracens from whom the Crusaders

attempted to wrest the Holy Sepulchre. To Sir John Mandeville, the

Sultan of Egypt mercilessly criticized the christianity of England[23]

and the christian method of serving God; the total disregard of

chastity, the sale of daughters, sisters and wives. We cannot agree

with Disraeli in his doubts if there was a single christian in all

christendom at this period. To the contrary, it may be regarded as an

epoch when the doctrines of christianity were most fully sustained, the

church at that time carrying out the principles of both the Old and the

New Testament regarding women. From Moses to Paul, the Bible everywhere

speaks of her as a being made for man, secondary to man, and under his

authority by direct command of the Almighty; the state, as coadjutor

and servant of the church, basing her codes of law[24] upon its

teachings. Under these codes woman has not only been looked upon as

naturally unchaste, but also regarded as a liar, the state demanding

the testimony of two or three, and in some instances of seven women to

invalidate that of one man; the man even then in extreme cases clearing

himself by his single oath. Condemned as having brought evil into the

world, woman’s every step was looked upon with suspicion, and the most

brutal treatment as far short of her just deserts. To speak well of

her was to cause misgivings of one’s self. The system of defamation

inaugurated by the church in reference to women, was later recognized

by the Jesuits as a most effective plan for the personal subjugation of

men. Busenbaum, an influential writer of this order, directing:

Whenever you would ruin a person you must begin by spreading

calumnies to defame them. Repetition and perseverance will at

length give the consistency of probability, and the calumnies

will stick to a distant day.

The astute Jesuits learned their lesson from church treatment of women.

Its practical results were ever before their eyes in the contempt with

which woman was regarded, and her own consequent loss of self respect.

Under early and mediaeval christian law, as in most states today, the

father alone had right to the disposal of his children. He possessed

the sole power of giving away his daughter in marriage; if he died,

this right devolved upon the eldest son; only in case there were no

sons was the right of the mother in any way recognized. If neither

father or brother were living, the mother gave her daughter away in

marriage, and this was the only instance in which one woman possessed

control over another woman, the law allowing the mother no voice in

the marriage of her daughter unless she was a widow without sons. So

greatly enslaved were daughters, that non-consent of the victim in

no way impaired the validity of the marriage.[25] A girl was simply

a piece of family property to be disposed of as the family thought

best. Although wives were simply the slaves of husbands, yet the

condition of an unmarried woman was even more deplorable. Deprived of

the society of young persons of her own sex, not allowed speech with

any man outside of her own family, she was fortunate if she escaped

personal[26] ill-treatment in her father’s house. Not permitted to sit

in the presence of either her father or her mother, continually found

fault with, the laws constraining her to marry while giving her no

preference as to a husband, and marriage still more fully taking from

her the control of her own person, yet it was anxiously looked forward

to as at least a change of masters, and the constant hope that in the

husband she might find a lover who for dear love’s sake would treat her

with common humanity.

Such was the condition of women during eighteen hundred years of

christianity. Legislated for as slaves, imprisoned for crimes that if

committed by a man were only punished by branding the hand; buried

alive for other crimes that committed by men were atoned for by the

payment of a fine; denied a share in the government of the family or

the church, their very sex deemed a curse, the twentieth century is

now about to open showing no truly enlightened nation upon the face

of the earth. From the barbarism of inhumanity the world is slowly

awakening to the fact that every human being stands upon the plane

of equal natural rights. The Church has not taught the world this

great truth, the State has not conceded it; its acknowledgment thus

far, has been due to the teachings of individual men and women, that

self-constituted authority over others a crime against humanity. Under

christian teaching regarding woman, the daughter was looked upon as a

more remote relative and heir than the son and this upon the ground of

her inferiority. Blackstone, although admitting that such views did

not pertain in Rome, yet speaks of males as “the worthier of blood.”

Such views were not held by pre-christian Britain. Under common law,

before that country accepted christianity, property was equally divided

between sisters, and only by special custom, between brothers.[27] But

as early as Henry II it was the general rule that a woman could not

share an inheritance with a man. An exception sometimes existed in a

particular city where such custom had long prevailed.

Until quite recently, English women have not been permitted to express

an opinion upon political questions, although the Primrose League and

other similar organizations have effected a great change within a few

years. Yet it is but little more than two hundred years, in 1664, at

Henley-upon-Thames, a woman having spoken against the taxation imposed

by Parliament, was condemned for this freedom of political criticism,

to have her tongue nailed to the body of a tree at the highway side

upon a market day, and a paper fastened to her back detailing the

heinousness of her offense. It was thus the state deterred similar

politically-minded women from the expression of their views, and in

line with the church used its most stringent measures to retain woman

in the “sphere” to which both church and state assigned her. Many

savage tribes of Africa exhibit the same grade of civilization that was

extant in christian England from the fourth to the eighteenth centuries.

A father will sell his daughter among Unyamwazi, Africa, for

one up to ten cows. A Lomali asks of a poor wooer from ten to

twenty horses, of a wealthy one from 100 upward, together with

fifty camels and 300 sheep. On the other hand, in Uganda, four

oxen are sufficient to buy the most perfectly formed village

belle, provided six needles and a box of cartridges are thrown

in.

The sale is the same, the payment alone of different character. An

African girl in case of a wealthy wooer, bringing even more than was

ordinarily received during the middle ages for an English christian

maiden. The patriarchal spirit wherever cropping out exhibiting the

same characteristics, whether among Jews, Christians, or African

savages. This is the more notable as among civilized or savage races

yet governed by the principles of the Matriarchate, the position of

woman is very high. In Samoa, no woman is compelled to work, all labor

of whatever character being performed by the men. The celebrated

traveler, Prof. Carl Lumholz, in his work “Among the Cannibals,” makes

some interesting statements in regard to the course adopted by the

natives of Georgia River, Australia, to save women from giving birth to

undesired children, and to prevent the needless suffering and infant

mortality so common in christian lands.

Among the methods adopted in christian countries for a continuance of

the crimes common in the marriage relation, have been more or less

stringent laws against divorce, ever falling with heaviest force upon

her whom christian marriage laws have made a slave. The “Christian

Union” declares as a significant act of evil import, that “in Wyoming,

where the power of woman in affairs of government is greatest, one

divorce takes place in every six marriages, the proportion being

greater than in any other state.” But if this assertion of the

“Christian Union” is true, it is proof that a share in making the laws

which govern her is wisely used by the women of that state; and it

marks a new era in civilization, when woman holding political power

in her own hands, refuses longer to degrade herself by living in a

relation that has lost the binding power of love. The laws of church

and of state during the christian ages originated with man, and it

is a promising sign of woman’s growth in self-reliance, independent

thought, and purity of character, that she thus protests against the

bondage of a relation which virtually holds the wife as slave of the

husband; for despite the changes of the last four and a half decades,

we still find the general tone of legislation in line with the church

teaching of woman’s created inferiority to man. We still find belief

in the wife’s duty of obedience to the husband; we still discover the

church, the state, the world, all regarding the exercise of her own

judgment even upon the questions most closely related to herself as

woman’s greatest sin. As free as woman is called today, she has not yet

as daughter secured perfect liberty of choice in marriage, the power of

the family too often compelling her into a hated relation. Money still

leads parents to prefer one suitor above another, even in the United

States; while in many European countries, marriages are arranged by

friends, or through a broker, entirely without the girl’s consent, who

is frequently taken from a convent or school to be thus sold to some

wealthy and perhaps octogenarian wooer, who covets the youth or beauty

of the victim.[28]

The burning of twenty missionaries in a portion of savage Africa,

a few years since, filled the civilized world with horror. But for

several hundred years after the introduction of christianity into

Great Britain, the penalty for simple theft by a woman slave was

burning alive, and all the other women slaves were compelled to assist

her _auto-de-fe_. Upon such an occasion mentioned by Pike, eighty

other women each brought a log of wood for the burning.[29] By the

old Roman Code, burning alive as a punishment was forbidden because

of its barbarity, but christianity reintroduced it, and for long

centuries after the destruction of the Roman Empire, that other land

aspiring to control of the sea, which proudly boasts that the sun

never sets on her possessions, kept it in her criminal code for the

punishment of helpless women.[30] So rigorous was woman’s slavery that

the friendships of women with each other, or with men, were strictly

prohibited; yet the deep affection of one man for another to whom he

consecrated his life and fortune, and of whom he spoke with that deep

tenderness, was highly commended.[31] The despotic, irresponsible power

of husbands in christian England at this period is shown by the diverse

manner in which the murder of a wife by a husband, or a husband by a

wife, was regarded. For husband to murder a wife either by his own

hands or those of a hired assassin, was of frequent occurrence, but as

she was his slave over whom he had power of life and death, this was

looked upon as a trivial affair. But under the laws of both church and

state, the murder of a husband by a wife was regarded as petty treason,

to be punished with the utmost severity, burning alive being a not

uncommon form.[32]

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