It should be impressed upon the mind that difference between “Darkest

Africa,” and “Darkest England,” lies in the two facts, that one is

the darkness of ignorance and savage races who are in the very night

of barbarism; while the other is the moral darkness of christian

civilization, in the very center of Christendom, after 2,000 years

of church teaching and priestly influence. A few years since, in

Massachusetts, an action for cruelty on part of a husband came before a

court, the charge being that he came home one night in February, when

the thermometer was ten degrees below zero, and turned his wife and

little child, with his wife’s mother of eighty, out of the house.[115]

While the wife was giving testimony, the judge interrupted, saying:

The husband had a right to do so, there was a quarrel between

the husband and wife, and he had a legal right to turn her out

and take possession of the house, that was not cruelty.

From the newspapers of April, 1886, we learn that:

At Salem, W. Va., Thomas True drove his wife out of doors and

swore he would kill any one who would give her shelter. Robert

Miller took her into his house, and was killed by True.

The system of marriage recognized by the church has ever been that

of ownership and power by the husband and father, over the wife and

children, and during the Middle Ages the ban of the church fell with

equal force upon the woman, who for any cause left her husband, as

upon the witch. The two were under the same ban as the excommunicated,

denounced as one whom all others must shun, whom no one must succor

or harbor, and with whom it was unlawful to hold any species of

intercourse.

The “boycott” is not an invention of the present century, but was

in use many hundred years since against a recalcitrant wife, under

sanction of both church and state. The advertisements of absconding

wives seen at the present day, whom the husband sets forth as having

left his bed and board and whom all persons are thereafter forbidden to

trust upon his account, are but a reminiscence of the wife-boycott of

former years, when all persons, were forbidden to “harbor her” under

penalty unless it could be proven that her life was in danger without

such aid. The husband was held to possess vested rights in the wife,

not only as against herself, but as against the world, and it is not

half a decade since the notice below, appeared in a Kansas paper,[116]

accompanied by the cut of a fleeing woman.

A $50 CAPTURE.

A woman who ran away from her husband at Lawrence some time

ago, was found at Fort Leavenworth yesterday by a Lawrence

detective and taken back to her home. The officer received a

reward of $50 for her capture.—_Leavenworth Standard_, Kas.,

Dec. 21, 1886.

This advertisement and others of a similar character to be seen in the

daily and weekly press of the country, are undeniable proofs of the

low condition under the law, of woman in the marriage relation, and

read very much like the notices in regard to absconding slaves a few

years since. Kansas was one of the very first states which recognized

the right of a married mother to her own child, that provision having

been incorporated in its constitution at early date as an enticement

for bringing women emigrants into that state, at a period when the

anti-slavery and pro-slavery contests within its borders had made it

bloody ground. Although the married woman’s property law and the spirit

of free thought has rendered such action less frequent than formerly,

it is less than forty years, as before noted, since the New York Court

of Common Pleas rendered a judgment of $10,000 in favor of a husband

against the relatives of his wife, who at her own request “harbored and

sheltered” her. The Christian principle of man’s ownership of woman,

for many hundred years under English law, rendered the party giving

shelter to a fleeing wife liable to the husband in money damages, upon

the ground of having aided a runaway servant to the master’s injury.

Under but one circumstance was such shelter admissible. In case the

wife was in danger of perishing, she could be harbored until morning,

when she must be returned to her master by the person who had thus

temporarily taken care of his perishable property. In England as late

as 1876, the case of a Mrs. Cochrane, who had lived apart from her

husband for years, and showing another phase of property law in the

wife, came up before Judge Coleridge. Her character was not at all

impeached, but she indulged in amusements which her husband considered

reprehensible, and through stratagem she was brought to his lodgings

and there kept a prisoner. A writ of _habeas corpus_ being sued out,

the husband was compelled to bring her before the court of the Queen’s

Bench. The decision of the judge rendered in favor of the husband’s

right of forcible detention, was declared by him to be upon ground

that English law virtually considered the wife as being under the

guardianship of the husband, not a person in her own right, and this

distinctly upon the ground of her perpetual infancy;[117] she must

be restored to her husband. As late as 1886, the _Personal Rights

Journal_ of England called attention to the suit of a clergyman for the

“restitution of conjugal rights” and custody of child. The wife not

being able to live in agreement with the husband, had taken her child

and left him. A decree for such restitution having been pronounced by

court, the husband Rev. Joseph Wallis, advertised for his absconding

wife, Caroline Wallis, offering one hundred pounds reward for such

information as should lead to her discovery.

£100 REWARD.

Whereas, A Decree was pronounced in the Probate, Divorce,

and Admiralty Division of the High Court of Justice, on the

5th day of June, 1886, in the suit of Samuel Joseph Wallis

_versus_ Caroline Wallis, for restitution of conjugal rights,

and for custody of the child, May Wallis, to the petitioner,

the said Samuel Joseph Wallis. And Whereas it has been

ascertained that the said Caroline Wallis has lately been seen

at Whitstable and the Neighborhood,

NOTICE IS HEREBY GIVEN,

That the above Reward will be paid to any Person or Persons

who shall give such information as will lead to the discovery

of the whereabouts of the said Caroline Wallis, and the

recovery by the said S. J. Wallis of the custody of the said

Child.

Information to be sent to me, Richard Howe Brightman, of

Sheerness, Kent, Solicitor to the said Samuel Joseph Wallis.

This brutal advertisement in the dying hours of the nineteenth

century had the effect of rousing public attention to woman’s

enslaved condition in the marital relation, and a rapid growth of

public sentiment in recognition of a wife’s individual and distinct

personality, took place between 1886 and 1890, a period of four years.

During the latter year another English husband, one Jackson, forcibly

abducted his wife who lived apart from him, holding her prisoner with

gun and bayonet, threatening her friends with death—as was his legal

right in case of her attempted rescue. When this was known, hundreds

of letters poured into the press, upholding the right of a wife to

the control of her own person, and writ of _habeas corpus_ compelled

her production in court. Under the pressure of a public sentiment he

found it wise to conciliate, the judge decided in favor of her right

to live away from her husband, who was also restrained from farther

molesting her. The Supreme Court of Georgia recently rendered a

decision in regard to the rights of husbands as related to the wife’s

rights of property, in which the church theory of her subordination was

maintained.

The wife has been much advanced by the general tenor of

legislation of late years in respect to her property. She has

acquired a pretty independent position as to title, control

and disposition, but this relates to her own property, not

to his. The law has not yet raised her to the station of

superintendent of her husband’s contracts and probably never

will. In taking a wife a man does not put himself under an

overseer. He is not a subordinate in his own family but the

head of it. A subjugated husband is a less energetic member of

society than one who keeps his true place, yet knows how to

temper authority with affection.

During the famous Beecher trial, Hon. Wm. M. Evarts defined woman’s

legal position as one of subordination to man, declaring “that

notwithstanding changing customs and the amenities of modern life,

women were not free, but were held in the hollow of man’s hand, to

be crushed at his will.” In exemplification of this statement he

referred to a recent decision of the New York Court of Appeals, and to

the highest tribunals of England. He gave his own sanction to these

principles of law, all of which owe their foundation to church teaching

regarding woman, enforced by the peculiar forms of marriage ceremony it

has instituted.

The church everywhere strenuously opposes civil marriage. The Plenary

Council of 1884, and the celebration of the hundredth anniversary

of the Catholic hierarchy in the United States, each making church

marriage a prominent part of their discussions. Different parts of

Europe and of South America have recently been shaken by church action

in regard to it. Prussia, Belgium, Italy, France, have fallen under the

odium of the church in consequence of the civil laws declaring marriage

valid without the aid of the church. The celebrated M. Godin, founder

of the cooperative Familistere, at Guise, was married in 1886 under

civil form, to a lady member of the French League for the Rights of

Women, and thus announced the marriage to their friends:

M. Godin, manufacturer, founder of Familistere, and Madame

Marie Godin, nee Moret, his secretary and co-laborer in the

work of the Familistere, and in the propagation of social

reform, have the honor of announcing to you the purely civil

marriage which they contracted at Guise, the 14th day of July,

1886, that they might manifest to all their union, and the

common purpose of all the efforts of their lives.

Civil marriage, where the church is supreme, is followed by

excommunication and odious insults. In 1885 a remarkable instance of

this kind occurred in the city of Concepcion, Chili. A young couple

were married with consent of their parents, according to the civil law.

Their social and political prominence made the occasion conspicuous,

as it was the first wedding among the aristocracy in that country,

dispensing with the aid of a priest. The church paper edited by a

Jesuit priest thus commented:

The “Libertad” calls this “a happy union,” but it should

remember that “happy unions” of this sort have hitherto

existed only in the animal kingdom.

The bride, groom, and all their families suffered excommunication from

the church. But it is not alone the Catholic church which desires

to retain its hold upon marriage. Less than two years since certain

clergymen of the Anglican church agreed to officiate at marriage

without a fee, for the purpose of retaining control of this relation;

and so strong has been the influence of the church during the ages,

that few people look upon a ceremony under the civil law with the

same respect as one performed by a priest, even of a Protestant

denomination. The control of marriage by the church while throwing

wealth into its own coffers, has ever had a prejudicial effect upon

morals, as impediments to marriage of whatever character increase

immorality. In the city of Concepcion referred to, of 200,000

inhabitants, there are two thousand children of unknown parentage.

In 1884, statistics showed sixty-two per cent of the children to

be illegitimate. The parents of those little ones were mostly

known, being persons too poor to pay the cost of a church marriage,

twenty-five dollars, its price, being quite beyond the means of the

humbler classes. The Liberal party, in establishing civil marriage as

legitimate, authorized any magistrate to perform the ceremony, and

furnish a certificate for twenty-five cents. This assault upon the

ancient prerogative of the church depriving priests of the largest

source of their revenue, at once made a religious-political issue

of the question, the church taking strenuous action against all

connected with framing the law, and its repeal became the prominent

political issue, to aid which all the faithful were called. Using

its old weapons, the church through the Archbishop issued an edict

excommunicating the president of the republic, the members of his

cabinet and the members of congress who voted for the statute;

directing that a similar penalty should fall upon every communicant who

obeyed it and neglected to recognize the church as the only authority

competent to solemnize the marriage rite.

A correspondent of the _New York Sun_, in Chili, wrote:

This brought matters to a crisis. On the one hand, the State

declared all marriages not under the civil law illegal,

and their issue illegitimate, refusing to recognize rites

performed by the priests. On the other, those who obey the law

are excommunicated from the church, and their cohabitation

forbidden by the highest ecclesiastical authority. Thus

matrimony is practically forbidden, and those who choose to

enter it have their choice between arrest and excommunication.

A young member of Congress, a man of gifts and influence,

who stands as one of the leaders of the Liberal party, and

who voted and argued for civil marriage, is engaged to

the daughter of a wealthy merchant with proud lineage and

aristocratic connections. He is willing to accept the civil

authority, which he helped to create, and she and her father

are also willing, but her mother is a devout church woman

and cannot regard marriage as sacred without the blessing

of a priest. She favors the alliance, but insists that the

Church shall be recognized. The bishop declines to permit the

ceremony unless the young man shall go to the confessional and

retract his political record, with a vow to hereafter remain

steadfast to the church. This he refuses to do. The couple

will go to Europe or the States and there have the ceremony

performed.

This action of the Chilian republic in substituting a civil for a

religious ceremony in marriage and declaring the latter to be illegal,

is a most important step in civilization, of which freedom for woman

is such an essential factor; and its results in that country must

be left in woman’s every relation of life, promoting self-respect,

self-reliance and security in place of the degradation, self-distrust

and fear to which its church has so long condemned her.

_Chapter Seven_

+Polygamy+

It is of indisputed historic record that both the Christian Church

and the Christian State in different centuries and under a number of

differing circumstances gave their influence in favor of polygamy.

The Roman emperor, Valentinian I, in the fourth century, authorized

christians to take two wives; in the eighth century the great

Charlemagne holding power over both church and state, in his own person

practiced polygamy, having six, or according to some authorities, nine

wives. With the Reformation this system entered Protestantism. As the

first synod in North America was called for the purpose of trying a

woman for heresy, so the first synod of the reformation was assembled

for the purpose of sustaining polygamy, thus farther debasing woman

in the marital relation. The great German reformer, Luther, although

perhaps himself free from the lasciviousness of the old priesthood

was not strictly monogamic in principle. When applied to by Philip,

Landgrave of Hesse Cassel, for permission to marry a second wife while

his first wife, Margaret of Savoy, was still living, he called together

a synod of six of the principal reformers—Melancthon and Bucer among

them—who in joint consultation decided “that as the Bible nowhere

condemns polygamy, and as it has been invariably practiced by the

highest dignitaries of the church,” such marriage was legitimate, and

the required permission was given. Luther himself with both the Old and

the New Testaments in hand, saying, “I confess for my part that if a

man wishes to marry two or more wives, I cannot forbid him, nor is his

conduct repugnant to the Holy Scriptures.” Thus we have the degrading

proof that the doctrine of polygamy was brought into reformation by its

earliest promoters under assertion that it was not inconsistent with

the Bible or the principles of the Gospel. The whole course of Luther

during the reformation proved his disbelief in the equality of woman

with man; when he left the Catholic church he took with him the old

theory of her created subordination. It was his maxim that “No gown or

garment worse becomes a woman than that she will be wise,” thus giving

the weight of his influence against woman’s intellectual freedom and

independent thought. Although he opposed monastic life, the home for

woman under the reformation was governed by many of its rules.

First: She was to be under obedience to man as head of the house.

Second: She was to be constantly employed for his benefit.

Third: Her society was strictly chosen for her by this master and head.

Fourth: This “head” was a general-father confessor, to whom she was

held accountable in word and deed.

Fifth: Neither genius nor talent could free her from his control

without his consent.

Luther’s views regarding polygamy have been endorsed and sanctioned

since that period by men eminent in church and state. Lord Seldon

known as “The Light of England” in the seventeenth century, published

a work under title of “Uxor Haebraica” for the purpose of proving that

polygamy was permitted to the Hebrews. His arguments were accepted by

the church as indisputable. Bishop Burnet, who while holding the great

Protestant Episcopal See of Salisbury, so successfully opposed the plan

inaugurated by Queen Anne for the establishment of a woman’s college

in England, added to his infamy by writing a tract entitled “Is a

Plurality of Wives in any case Lawful under the Gospel?” This question

he answered in the affirmative sustaining the rightfulness of polygamy

under the Christian dispensation. Quoting the words of Christ upon

divorce, he said:

We must not by a consequence condemn a plurality of wives

since it seems not to have fallen within the scope of what our

Lord does there disapprove. Therefore I see nothing so strong

against a plurality of wives as to balance the great and

visible imminent hazards that hang over so many thousands if

it be not allowed.

The famous Puritan Poet of England, John Milton, known in the

University as “The Lady of Christ College,” writing upon “The Special

Government of Man,” says:

I have not said the marriage of one man with one woman lest I

should by implication charge the holy patriarchs and pillars

of our faith, Abraham and others who had more than one wife,

at the same time, with habitual sin; and lest I should be

forced to exclude from the sanctuary of God as spurious, the

whole offspring which sprang from them, yea, the whole of

the sons of Israel, for whom the sanctuary itself was made.

For it is said in Deuteronomy (xxii. 2,) “A bastard shall

not enter into the congregation of Jehovah even to the tenth

generation.” Either, therefore polygamy is a true marriage,

or all children born in that state are spurious, which would

include the whole race of Jacob, the twelve tribes chosen by

God. But as such an assertion would be absurd in the extreme,

not to say impious, and as it is the height of injustice as

well as an example of the most dangerous tendency in religion,

to account as sins what is not such in reality it appears to

me that so far from the question respecting the lawfulness of

polygamy being trivial, it is of the highest importance that

it should be decided. Not a trace appears of the interdiction

of polygamy throughout the whole law, not even in any of the

prophets.

The Paradise Lost of Milton is responsible among English speaking

people for many existing views that are inimical to woman, and while

his essays upon liberty have been of general beneficial influence upon

the world, his particular teachings in regard to woman have seriously

injured civilization. This man of polygamous beliefs, this tyrant

over his own household who could not gain the love of either wives—of

whom he had three—or of daughters, did much to popularize the idea

of woman’s subordination to man. “He for God; she for God in him” as

expressed by the lips of Eve and so often quoted as proclaiming the

true relationship between husband and wife in the line, “God thy law;

thou mine.”

While the record of Milton’s life shows him to have been an

intolerable domestic tyrant, yet for the wife who could not live

with him, the daughters whom social conditions and lack of education

deprived of the necessary means for their support, thus compelling

them to remain his victims looking forward to his death as their only

means of release, the world has as yet exhibited but little sympathy.

His genius, undisputed as its record must be in many directions, has

made his views of overpowering influence upon the world since his day.

But above all, more than all that created and sustained this influence

were his views as to the polygamous rights of man, his depictment of

Eve as looking upward to Adam as her God, and his general maintenance

of the teaching of the church in regard to woman. Although it has been

affirmed that after his blindness he dictated his great epic to his

daughter and a Scotch artist has painted a scene (a picture owned by

the Lenox Library), yet this is one of the myths men call history and

amuse themselves in believing. Voltaire declared history to be only a

parcel of tricks we play with the dead; and this tale of blind Milton

dictating Paradise Lost to his daughters is a trick designed to play

upon our sympathies. Old Dr. Johnson is authority for the statement

that Milton would not allow his daughters to learn to write and it is

quite certain that he did not permit them a knowledge of any language

except the English, saying “one tongue is enough for a woman.” Between

Milton and his family it is known there was tyranny upon one side,

hatred upon the other.[1]

The number of eminent Protestants both lay and clerical who have

sanctioned polygamy has not been small. In the sixteenth century a

former Capuchin monk, a general of that order who had been converted

to the Protestant faith, published a work entitled “Dialogues in favor

of Polygamy.” In the latter part of the seventeenth century, John

Lyser, another divine of the reformed church strongly defended it in

a work entitled “Polygamia Triumphatrix” or the triumphant defense

of polygamy. Rev. Dr. Madden, still another Protestant divine, in a

treatise called “Thalypthora,” maintained that Paul’s injunction 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.” That eminent

American divine, Henry Ward Beecher, the influence of whose opinions

over all classes was for many years so great as to constitute him a

veritable Protestant pope in the United States, a few years before his

death was selected to reply at a New England dinner to a toast upon the

Mormon question, the subject of polygamy then being under discussion by

Congress. He not only deprecated the use of force in its suppression,

but quoted Milton in seeming approval. We can therefore consistently

rank Mr. Beecher as among the number of Protestant divines who believed

there was scriptural warrant for this degradation of woman.

Woman, Church & State The Original Exposé of Male Collaboration Against the Female Sex · 第 24 / 44 段