[51] “It would seem that almost every English town of any importance

had its ducking-stool for scolds. In 1741, old Rugby paid 2s 4d for a

chair for the ducking stool. The parish of Southam, in Warwickshire,

got a beautiful stool built in 1718 at an expense of £2 11s 4d. Ancient

Coventry had two stools.”

The most noteworthy of all the instruments designed for the correction

of Eve’s offending daughters was the ducking-stool, known as the

tumbrel and the trebuchet. A post, across which was a transverse beam

turning on a swivel and with a chair at one end, was set up on the

edge of a pond. Into the chair the woman was chained, turned toward

the water—a muddy or filthy pond was usually chosen for this purpose

when available—and ducked half a dozen times; or, if the water inflamed

her instead of acting as a damper, she was let down times innumerable,

until she was exhausted and well nigh drowned.

From the frequency with which we find it mentioned in old local and

county histories, in church wardens’ and chamberlains’ accounts, and

by the poets, we shall probably not be wrong in concluding that at

one time this institution was kept up all over the country.—“London

Graphic.”

[52] John Dillon.—_Colonial Legislation of America._

[53] _Ibid._

[54] JERSEY CITY, N.J., July 23, 1887.—Mrs. Mary Brody, convicted a few

days ago of being a common scold, was today sentenced to pay a fine of

$25 and costs.

Only the other day a woman in this city, under some ancient unrepealed

law of this state, was arrested and brought before a magistrate on

the charge of being a common scold. A too free use of the tongue was

reckoned a public offense in all the American colonies, and in England

the lawful punishment of common scolds was continued until a recent

day. It was for these that the “ducking-stool” was invented, which

usually consists of a heavy chair fastened to the end of a large piece

of timber, which was hung by the middle to a post on the river side.

The offender was tied into the chair, and then soused into the water

until it was judged that her shrewishness had departed from her.

Sometimes she was dipped so thoroughly that her breath departed for

good, as happened to a certain elderly lady at Ratcliffe Highway. The

ducking-stool was constantly hanging in its place, and on the back

of it were engraved devils laying hold of scolds, etc.—“St. Louis

Republican.”

[55] If it is a crime to buy and sell wives, let the men who do such

things be punished; if there is no crime in the transaction, why should

the wife who is sold be punished. Unfortunately this is not a solitary

instance of law made or administered to punish women in order to teach

men.—_English Women’s Suffrage Journal._

Before Mr. Justice Denman, at the Liverpool Assizes, Betsey Wardle was

charged with marrying George Chisnal at Eccleston, bigamously, her

former husband being alive. It was stated by the woman that, as her

first husband had sold her for a quart of beer, she thought she was at

liberty to marry again.

George Chisnal, the second husband, apparently just out of his teens

was called.

His Lordship—“How did you come to marry this woman?”

Witness [in the Lancashire vernacular]—“Hoo did a what?” [Laughter.]

Question repeated—“A bowt her.” [Laughter.]

His Lordship—“You are not fool enough to suppose you can buy another

man’s wife?” Oi? [Laughter.]

His Lordship—“How much did you give for her?” Six pence. [Great

laughter.]

His Lordship asked him how long he had lived with the prisoner.

Witness—“Going on for three years.”

His Lordship—“Do you want to take her back again?”

“Awl keep her if you loike.” [Laughter.]

His Lordship (addressing the prisoner)—It is absolutely necessary

that I should pass some punishment upon you in order that people

may understand that men have no more right to sell their wives than

they have to sell other people’s wives, or to sell other people’s

horses or cows, or anything of the kind. You cannot make that a legal

transaction. So many of you seem to be ignorant of that, that it is

necessary to give you some punishment in order that you may understand

it. It is not necessary it should be long, but you must be imprisoned

and kept to hard labor for one week.—“News of the World,” 1883.

A peculiar case came up in the mayor’s office at Vincennes, Ind., in

1887. A man named Bonn sold his wife to another man named Burch for

$300, and held Burch’s note therefor. The sale was a reality, but the

note was never paid, hence the difficulty.

“We know a man in the Black Hills—a man who is well-to-do and

respected—the foundation of whose fortune was $4,000, the sum for

which he sold his wife to a neighbor. The sale was purely a matter of

business all around, and the parties to it were highly satisfied.”

1889.—“_The Times_,” Bismarck, N.D.

[56] In “The Doncaster Gazette” of March 25, 1803, a sale is thus

described: “A fellow sold his wife, as a cow, in Sheffield market place

a few days ago. The lady was put into the hands of a butcher, who held

her by a halter fastened around her waist. ‘What do you ask for your

cow?’ said a bystander. ‘A guinea’ replied the husband. ‘Done,’ cried

the other, and immediately led away his bargain. We understand that

the purchaser and his ‘cow’ live very happily together.” Ashton.—_The

Progress of Women._

[57] “Morning Herald,” March 11, 1802.—On the 11th of last month a

person sold, at the market cross, in Chapel en la Frith, a wife, a

child, and as much furniture as would set up a beggar, for eleven

shillings.

“Morning Herald,” April 16, 1802.—A butcher sold his wife by auction at

the last market day at Hereford. The lot brought £1 4s. and a bowl of

punch.

“Annual Register,” February 14, 1806.—A man named John Garsthorpe

exposed his wife for sale in the market at Hall about 1 o’clock, but

owing to the crowd which such an extraordinary occurrence had brought

together, he was obliged to defer the sale, and take her away, about

4 o’clock. However, he again brought her out, and she was sold for 20

guineas, and delivered with a halter, to a person named Houseman, who

had lodged with them for four or five years.

“Morning Post,” October 10, 1808.—One of those disgraceful scenes

which have of late become too common took place on Friday se’nnight at

Knaresborough. Owing to some jealousy, or other family difference, a

man brought his wife, equipped in the usual style, and sold her at the

market cross for 6d and a quid of tobacco.—_Ibid._

[58] Our laws are based on the all-sufficiency of man’s rights;

society exists for men only; for women, merely in so far as they are

represented by some man, are in the _mundt_, or keeping of some man.

Herbert Spencer.—_Descriptive Sociology, England._

[59] A committee appointed by the National Woman Suffrage Association,

at that time in convention assembled in Washington, waited upon

President Cleveland with the memorial.

[60] Mediaeval Christian husbands imprisoned erring wives in cages so

small they could neither stand upright nor lie down at full length.

Mediaeval Christian priests boiled living infants in osier baskets in

presence of helpless heretical mothers. In mediaeval times the public

scourging of women was one of the amusements of the carnival; even as

late as the eighteenth century English gentlemen, according to _Herbert

Spencer_, made up parties of pleasure to see women whipped at Bridewell.

[61] Seduction was connived at that the guardian might secure the

estate of the ward.—_Ibid._

[62] The Salic law had not preference to one sex over the other—purely

economical law which gave houses and lands to males who should dwell

there, and consequently to whom it would be of most service.—_Spirit of

the Laws._

[63] In order to give color to the usurpation (for it was nothing

better), the lawyers cited an obscure article from the code of the

barbarous Salians, which, as they pretended had always been the

acknowledged law of the French monarchy.... Since that time the Salic

law, as it is called, has been regarded as an essential constitutional

principle in France.—_Student’s History of France_, p. 19.

[64] Montesquieu.—_Spirit of the Laws._

[65] Women in England were for more than a thousand years legislated

for as slaves. Crimes committed by men which could be atoned for by a

fine, were by women punished with burning alive. The period is not very

distant when she was distinctly legislated for as a servant and but on

a level with chattel slaves.—_Hist. Crime in England._

[66] _American Law_, 1829.

[67] Through the influence of Governor M. Nutt, who instituted many

reforms.

[68] There was no distinction between offenses against the church on

one hand, and offenses against the state or individual on the other.

Cases of theft and sorcery, like those of witchcraft, could be tried in

the church. From the position of the clergy as law-givers, it follows

not only that the secular laws had the sanction of religion, but that

religious observance were enforced by the secular arm.

[69] From 499 to 1066. Herbert Spencer.—_Descriptive Sociology._

[70] To women were still applied those punishments, which had been

instituted by the men whose practice it was to buy their wives and sell

their daughters. Pike.—_Hist. Crime in England._

[71] Bracton.—_De Legibus Anglice I_, 479.

[72] “The reformation altered, but did not better the condition of

woman. Socially it rescued her from the priest to make her the chattel

of the husband, and doctrinally it expunged her altogether. Martin

Luther declared that the two sacred books, which especially point to

woman as the agent of man’s final redemption—the books of Esther and

Revelations—that in ‘so far as I esteem them, it would be no loss if

they were thrown into the river’.”

[73] “The forefathers of _Benjamin Franklin_ used a Bible kept fastened

under the seat of a four-legged stool, the leaves held in place by

pack-threads. When the family assembled to hear it read, one of the

number was posted as sentinel some distance from the house to give

warning of any stranger’s approach, in which case the stool was

hurriedly replaced upon its legs, and some one seated upon it for more

effectual concealment of the book.”

[74] Herbert Spencer.—_Descriptive Sociology, England._

[75] The _English Women’s Suffrage Journal_, November, 1886, reported:

“Mrs. —— rose to move a resolution. After reading a memorial, she said:

’Now, when I was asked to add a few words of support to the memorial

I have just read, my first feeling was that I was very far from the

right person to do so, inasmuch as being a married woman—and therefore

disqualified—and rightly disqualified,” etc.

[76] The coverture of a woman disables her from making contracts to

the prejudice of herself or her husband without his allowance or

confirmation.

[77] I have arrived at conclusions which I keep to myself as yet, and

only utter as Greek _phogagta sunetotsi_, the principle of which is,

that there will never be a good world for women till the last monk, and

therewith the last remnant of the monastic idea of, and legislation

for, woman, i.e. the Canon Law is civilized off the face of the earth.

Meanwhile all the most pure and high-minded women in England and Europe

have been brought up under the shadows of the Canon Law, and have

accepted it with their usual divine self-sacrifice, as their destiny by

law of God, and nature, and consider their own womanhood outraged when

it, their tyrant, is meddled with. Canon Charles Kingsley.—_Letter to

John Stuart Mill_, June 17, 1849, in _Life and Letters_.

[78] Dowers were first introduced into England by the Danish king,

Cnut or Canute, and into Denmark by Swein, father of Canute, who

bestowed it upon Danish ladies in grateful acknowledgment of their

having parted with their jewels to ransom him from the Vandals. For

account of Dowers, see _History of Dowers_; Grote.—_History of Greece

2_, 112-13; Alexander.—_History of Women_; Lord Kames.—_Sketch of the

history of Man_; _Histoire des Morales des Femmes_. In Denmark, King

Sweinn Forkbeard was the first to give woman a share in her parents’

property. Saxo Grammaticus says, The king was taken prisoner by the

Vinds who demanded so large a sum of money for his ransom, the men

of Denmark would not pay it, so their king remained a prisoner. The

women of Denmark sold their ornaments and ransomed him. From gratitude

the king decreed that afterwards daughters should inherit one-third

of their father’s property. _Journal of Jurisprudence._ One especial

right belonged to wives among the Northmen; this was the custody of her

husband’s keys, and if he refused them the wife could compel him by law

to give her their possession. These were the keys of the store-room,

chest, and cupboard.

[79] The law of dower was less favorable to the wife in the 13th

century than it became later.

[80] See _Reeves_ pp. 156-6.

[81] Sheldon Amos.—_Science of Law._

[82] _History of Women_, 1779.

[83] Higgins says the word widow comes from Vidya, to know.

[84] _Ancient Laws of Ireland, Sanchus Mor._ pp. 347-51.

[85] At a time when the English law of husband and wife, which now

for three centuries, has been substituted for the Irish law in this

country, has been condemned by a committee of the House of Commons, as

unjust towards the wife, and when the most advanced of modern thinkers

are trying to devise some plan by which wives may be placed in a

position more nearly approaching to equality with the husband, it is

interesting to discover in the much despised laws of the ancient Irish,

the recognition of the principle on which efforts are being made to

base our legislation on this subject. Preface to _Sanchus Mor._ Vol. 2.

[86] Vol. 3, p. 35.—_Ibid._

[87] _Rambles and Studies in Old South Wales._—Wirt Sikes.

[88] The three peculiars of a women, are her cowyll, her gowyn, and her

sarand; the reason these three are called three peculiars, is because

they are the three properties of a woman and cannot be taken from her

for any cause; her cowyll is what she receives for her maidenhood; her

sarand is for every beating given her by her husband, except for three

things; and those three for which she may be beaten are, for giving

anything she ought not to give; for being detected with another man in

a covert; and for wishing drivel on her husband’s beard; and if for

being found with another man he chastises her, he is not to have any

satisfaction beside that, for there ought not to be both satisfaction

and vengeance for the same crime; her gowyn is, if she detect her

husband with another woman, let him pay her six score pence for the

first offense, for the second, one pound; if she detect him a third

time she can separate from him without leaving anything that belongs to

her. _Aneurin Owen_, Professor of Welsh Law.

[89] The law enacts that she ought not to suffer loss on account of the

man, since she received no benefit from him, and therefore he is to

rear the child. _Ancient Laws and Institutions of Wales._

[90] The Welsh laws of Howell the Good were enacted by four laics

and two clerks who were summoned lest the laws should ordain anything

contrary to scripture. _Ibid._

[91] A woman cannot be admitted as surety or as a witness concerning

man. _Ibid._

[92] _Civil Code_, Art 340.

[93] _The Woman Question in Europe._—T. Stanton. This law of France

differs greatly from the old Welsh pre-christian law, which threw the

support of an illegitimate child upon the father. Notwithstanding

the responsibility thus thrown upon her, a French proverb declares

that “the most reasonable woman never attains the sense of a boy of

fourteen.”

[94] It was no mere accident that the French language only possessed

one word, _l’homme_, for man, and human being. French law only

recognizes man as a human being.—_August Bebel._

[95] Legouve—_History of Morals of Women._

[96] The baby was born in the next house, and of course I was

interested, how can one not be interested when one of these little

angels becomes imprisoned in the earth form and begins a career that

makes one tremble to think of? Meeting the father a few hours later I

ask the customary question. “Another no account girl to be supported,”

he said gloomily, and passed on.—_Woman’s World_. A father of experience

spoke differently: “My gals never forget me. They married and went away

to their own homes: and though they were none of them well-to-do, yet

not one of them ever saw the time she wouldn’t steal a dollar from her

husband to give to father or mother; but it isn’t so with the boys.

They never knew they owed me anything; they never put their hands in

their pockets for me; they never laid awake o’ nights thinking how to

scrimp household expenses to get me or mother a present like the gals

did. And yet when I was araisin’ ’em I thought one boy was worth a

dozen gals.”

[97] See _Scandinavian Jurisprudence_.

[98] A story is told by an American traveller, of a party met upon the

cars, the mother a delicate little personage, the father stout and

strong. Upon leaving the train he walked off incommoded by a single

traveling impedimenta, while the wife was almost hidden under the pack

she was carrying. With indignation the American asked, “why do you not

let the man take some of these things?” ‘What! and he the father of a

family?’ was the surprised answer.

[99] It is unnecessary to let the whole many-colored map of German

common law pass in review; a few specimens will suffice. According

to German common law woman is everywhere in the position of a minor

with regard to man; her husband is her lord and master, to whom she

owes obedience in marriage. If she be disobedient, Prussian law allows

a husband of “low estate” to inflict moderate bodily chastisement.

As no provision is made for the number or severity of the blows,

the amount of such chastisement is left to the sovereign discretion

of the man. In the communal law of Hamburg the regulation runs as

follows: “The moderate chastisement of a wife by her husband is

just and permissible.” Similar enactments exist in many parts of

Germany. The Prussian common law further decrees that the husband

can determine the length of time during which a woman must suckle

her child. All decisions with regard to the children rest with the

father. When he dies the wife is everywhere under the obligation of

accepting a guardian for the children; she is decided to be under age,

and incapable of conducting the education of children alone, even

when their means of support are derived entirely from her property

or her labor. Her fortune is managed by her husband, and in cases

of bankruptcy is regarded in most states as his and disposed of

accordingly, unless a special contract has been made before marriage.

When landed property is entailed on the eldest child, a daughter has no

rights, as long as husband or brothers are alive; she cannot succeed

unless she has no brothers or has lost them by death. She cannot

exercise the political rights which are as a rule connected with landed

property, unless in some exceptional cases, as for instance in Saxony,

where communal regulations in the country allow her to vote, but deny

her the right of being elected. But even this right is transferred to

her husband if she marry. In most states she is not free to conclude

agreements without the consent of her husband, unless she be engaged in

business on her own account, which recent legislation permits her to

do. She is excluded from every kind of public activity. The Prussian

law concerning societies, forbids school-boys and apprentices under

eighteen, and women to take part in political associations and public

meetings. Until within the last few years women were forbidden by

various German codes to attend the public law courts as listeners. If

a woman becomes pregnant of an illegitimate child she has no claim on

support if she accepted any present from the father at the time of

their intimacy. If a woman is divorced from her husband, she continues

to bear his name in eternal memory of him, unless she happens to marry

again.

August Bebel.—_Woman in the Past, Present and Future._

[100] Who, indeed, would not have been received by the queen.

[101] A German girl continues to be a maid-of-all-work until

circumstances elevate her to a higher position. She becomes a mother,

and this opens a fresh career to her as an _amme_ or wet nurse. Her

lines thenceforward fall in pleasant places. An _amme_ is a person of

consideration. No disgrace or loss of character is attached to the

irregularity of conduct which often is the origin of her promotion to

a higher sphere. Her wages are quadrupled; her fare by comparison is

sumptuous; she can never be scolded; she is called upon to fulfill but

one duty. The occupation is so much more remunerative than ordinary

service, that one can scarcely be surprised if plenty of women are

found ready and willing to follow the trade. With them the child is

only a means to an end. Marriage among the lower orders in Germany is

cumbered about with so many restrictions and conditions, that it has

come to be looked upon as almost an impossibility.

[102] When _Miss Aarta Hansteen_, a Norwegian lady announced her

purpose of lecturing on woman’s natural equality with man, she met

little or no support, the church strenuously opposing on ground of

woman’s original curse.

[103] Translated into English under title of “Nora,” by _Miss Frances

Lord_.

[104] So profound was its effect that visiting invitations were coupled

with the request not to speak of the work.

[105] _Marian Brown Shipley_, an American lady, long a resident of

Sweden and thoroughly conversant with its literature and tone of

thought, said of it, “A more glorious thing has not been done in Sweden

for centuries, Strindberg has defied church and state, striking both to

their foundations with his merciless satire, and rallied the Swedish

people at a single stroke.”

[106] Bjornsen said, “The confiscating of August Strindberg’s book

_Giftas_, is the greatest literary scandal in the North in my time. It

is worse than when one wished to put me in the house of correction on

account of the King; or thrust out Ibsen from the society of honorable

people for gjengungerd (Ghosts).”

[107] March 30, 1882.

[108] _Russian Revolt._

[109] A Russian writer of the 17th century said: “As Eve did wrong, so

the whole race of women become sinful and the cause of evil.”

[110] She was spoken of as a “Vanity itself,” “A storm in the home,” “A

flood that swells everything,” “A serpent nourished in the bosom,” “A

spear penetrating the heart,” “A constantly flying arrow.”

[111] _Rural Life in Russia.—The Nineteenth Century._

[112] See Chap. 4. p. 161.

[113] I myself am the happy possessor of a little rude wooden

bas-relief, framed and glazed, of two saints, whose names I have

ungratefully forgotten, to whom if you pray as you go out to commit a

crime, however heinous, you take your pardon with you.—_Rural Life in

Russia._

[114] See Chap. 4. p. 182.

[115] Reported by _Mrs. Livermore_.

[116] _Leavenworth Standard_, Dec. 21, 1886.

[117] Under common law a woman is classified with lunatics, idiots,

infants and minors.

CHAPTER SEVEN

Woman, Church & State The Original Exposé of Male Collaboration Against the Female Sex · 第 41 / 44 段