WOMEN AS PERSONS.

Blackstone enumerates three "absolute rights of persons." First, "The

right of personal _security_, in the legal enjoyment of life,

limb, body, health, and reputation." Second, "The right of personal

liberty--free power of locomotion without legal restraint." Third, "The

right of private property--the free use and disposal of his own lawful

acquisitions."

None of these three primary and essential rights of persons were

conceded to women, and Church law did not rank her as a person deprived

of these rights, but held that she was _not a person at all_, but only a

function; therefore she possessed no rights of person in this world and

no hope of safety in the next.

As to the first of these "absolute rights of persons," any one of her

male relations, or her husband after she passed from one to the other,

had absolute power over her, even to the extent of bodily injury,*

bargain and sale of her person, and death. Nor did even this limit the

number of her masters. By both Church and Common Law the Lords temporal

(barons and other peers) and the Lords spiritual (Archbishops, Bishops,

and Abbots) possessed and exercised the right to dispose of her purity,

either for a money consideration or as a bribe or present as they saw

fit.**

* "Although England was christianized in the fourth century,

it was not until the tenth that a daughter had a right to

reject a husband selected for her by her father; and it was

not until the same century that a Christian wife of a

Christian husband acquired the right of eating at the table

with him. For many hundred years the law bound out to

servile labor all unmarried women between the ages of eleven

and forty."--M. J. Gage.

"Wives in England were bought from the fifth to the

eleventh century" [The dates are significant; let the Church

respond.]--Herbert Spencer.

"In England, as late as the seventeenth century, husbands of

decent station were not ashamed to beat their wives.

Gentlemen arranged parties of pleasure for the purpose of

seeing wretched women whipped at Bridewell. It was not until

1817 that the public whipping of women was abolished in

England."--Spencer.

** See Appendix E.

Thus was the forced degradation of woman made a source of revenue to

the Church, and a means of crushing her self-respect and destroying her

sense of personal responsibility as to her own acts in the matter of

chastity, the legitimate outcome of which is to be found in the vast

army of women who are named only to be reviled. _In them the Church can

look on her own work_. The fruit is the natural outcome of the training

woman received that taught and compelled her _always_ to submit to

the dictates of some man, no matter what her own judgment, modesty, or

desires might be. She was not supposed to have an opinion or to know

right from wrong; and from Paul's injunction, "If you want to know

anything ask your husband at home," down to the decisions of the last

General Conference of the Methodist Church, the teaching that woman must

subordinate her own sense of right and her own judgment to the dictates

of someone else--_any_ one else of the opposite sex--from first to last

has been as ingenious a method as could have been devised to fill the

world with libertines and their victims.* It is time for the followers

of St. Paul to nice the results of their own work.

* See Appendix F, 2.

Under the provisions of the law which held that all "persons" could

recover damages for injury--have legal redress for a wrong inflicted

upon them--woman again was held as _not a 'person._

If she were assaulted and beaten, or if she were subjected to the

greatest indignity that it is possible to inflict upon her, she had

no redress. She could not complain. The law gave her no protection

whatever. Her father or husband could, if he saw fit, bring suit to

recover damages for the loss of _her services as a servant and wholly

upon the ground that it was an injury to him and to his feelings_. She

was no more recognized as a "person" in the matter, nor was she more

highly considered than if she were an inmate of a zoological garden to

which some mischievous visitor had fed too many bonbons. The owner was

damaged because the brute might die or be injured in the sight of the

patrons, but aside from that view of the case no harm was done and no

account taken of so trivial a matter.

No matter what the injury she sustained, whether it crippled her

physically or blighted her mentally and made life to her the worst curse

that could be inflicted, she had no appeal. The wounded feelings of one

of her male relations received due consideration, and he could recover

the money-value he might set upon the injury to his lacerated mind. This

is still the letter and the practice of the law in many places, even in

America.

If she had no male relations, the injury did not count, and no "person"

being injured everything was lovely, and prayers went right on to the

God who, being no respecter of persons (provided they were free, white,

adult males), enjoyed the incense from altars whereon burning "witches"

writhed in agony and helpless young girls plead for mercy under

the loathed and loathsome touch of the "St." Augustines* and "St."

Pelayos,** whose praises are chanted and whose divine goodness is

recounted by Christendom to-day.

* "To Augustine, whose early life was spent in company with

the most degraded of womankind, is Christianity indebted for

the full development of the doctrine of Original sin."

--Gage.

"All or at least the greater part of the fathers of the

Greek Church before Augustine, denied any real original

sin."--Emerson. "The doctrine had a gradual growth, and was

fully developed by Augustine."

--Waite.

** "The abbot elect of St. Augustine, at Canterbury, in

1171, was found on investigation to have seventeen

illegitimate children in a single village. An abbot of St.

Pelayo in Spain, in 1180, was proved to have kept no less

than seventy mistresses. Henry III, Bishop of Liege, was

deposed in 1274 for having sixty-five illegitimate

children."

--Leeky, "Hist, of European Morals."

"This same bishop boasted, at a public banquet, that in

twenty-two months fourteen children had been born to him. A

license to the clergy to keep concubines was during several

centuries levied by princes."--Ibid.

"It was openly attested that 100,000 women in England alone

were made dissolute by the clergy."

--Draper, "Intellectual Development of Europe."

Such was the "_elevation" and civilization offered by the Church to

woman_. These are among her debts to the Church, and the men who fought

and contended against the incorporation of such infamy into the common

law were branded as infidels. It was said they denied their Lord. They

were pronounced most dangerous, and the clergy held up their hands in

holy horror and whispered that such men "as much as denied the Bible,

blasphemed their God, and sold their souls to the Devil." And the women,

poor dupes, believed it.

One method the Church took to benefit woman and show its respect for her

was this: any married man was prohibited from being a priest. Women

were so unholy, so unclean, and so inferior, that to have one as a wife

degraded a man to such an extent that he was unfit to be a minister or

to touch holy things. The Catholic Church still prohibits either

party who is so unholy as to marry from profaning its pulpit'; but the

Protestant Churches divide up, giving women the disabilities and mon the

offices. The unselfishness of such a course is quite touching. It says

to women: "You support us and we will damn you; there is nothing mean or

niggardly about us."

As to Blackstone's second count--"the right to personal liberty"--I can

perhaps do no better than give a few bald facts.

Under Pagan rule the personal liberty of woman had become very

considerable, as well as her proprietary liberty; but Christianity began

her degradation at once.

Christianity was introduced into England in the fourth century, and the

_sale of women began in the fifth_; and it was not until the eleventh

that a girl could refuse to marry any suitor her father chose for

her. In a word, she always had a guardian; she had no personal liberty

whatever; she could neither buy nor own property as her brothers could;

she could not marry when and whom she preferred, live where she wished,

eat, drink, or wear what she liked, or refuse any of these provisions

when they were offered by her male relatives. If they decided that she

had too many back teeth they simply pulled them out, and she had nothing

to say on the subject. She could be sold outright by her father, or

leased or bound out as he preferred. She never got so old but that

her earnings belonged to him, and a mother never arrived at an age

sufficiently advanced to be entitled to the earnings of her children.

Sharswood says, "A father is entitled to the benefits of his children's

labor." "An infant [any one not of age] owes reverence and respect to

his mother; but she has no right to his services."*

* Blackstone. Sharswood.

This is upon the theory, doubtless, that starvation is wholesome for a

widowed mother, but that it does not agree with a father's digestion at

any time.

Sir Henry Maine in his "Ancient Law." says, that from the Pagan laws all

this inequality and oppressiveness of guardianship and restriction

of the personal liberty of women had disappeared, and he adds: "The

consequence was that the situation of the Roman female, whether married

or unmarried, became one of great personal and proprietary independence.

_But Christianity tended somewhat from the very first to narrow this

remarkable liberty...._ The great jurisconsult himself [Gaius] scouts

the popular Christian apology offered for it in the mental inferiority

of the female sex.... Led by their theory of Natural Law, the Roman

[Pagan] jurisconsults had evidently at this time assumed the equality of

the sexes as a principle of their code of equity."

Of the Christians, led by their theory of a revealed divine law which

treated women as inferior beings and useful only as prey, Lecky says

("European Morals," vol. 1, page 358): "But in the whole feudal

[Christian and chiefly Canon] legislation women were placed in a much

lower legal position than in the Pagan empire. The complete inferiority

of the sex was continually maintained by the law; and that generous

public opinion which in Pagan Rome had frequently revolted against the

injustice done to girls, in depriving them of the greater part of the

inheritance of their fathers, totally disappeared. _Wherever the canon

law has been the basis of legislation, we find laws of succession

sacrificing the Merest of daughters and of wives_, and a state of public

opinion which has been formed and regulated by these laws; nor was

any serious attempt made to abolish them _till the close of the last

century_. The French revolutionists, though rejecting the proposal of

Sieyes and Condorcet [both infidels] to accord political emancipation to

women, established at least an equal succession of sons and daughters,

and thus initiated a great reformation of both law and opinion which

sooner or later must traverse the world."

How soon or how late this will happen will depend very greatly upon the

amount of power retained by the Church. Pagans, Infidels, and Scientists

have fought for, and the Church has fought against, the dignity, honor,

and welfare of women for centuries; and because fear, organization,

wealth, selfishness, and power have been on the side of the Church, and

she has kept women too ignorant to understand the situation, she has

succeeded for many generations in retarding the progress and shutting

out the light that slowly came in despite of her.

"_No society which preserves any tincture of Christian institutions is

ever_ likely to restore to married women the personal liberty conferred

on them by the middle Roman law; but the proprietary disabilities of

married females stand on quite a different basis from their personal

incapacities, and it is by keeping alive and consolidating the former

that _the canon law has so deeply injured civilization_. There are

many vestiges of a _struggle between the secular and ecclesiastical

principles; but the canon law nearly everywhere prevailed._"*

* Maine's "Ancient Law," 158.

It has always been uphill work fighting the Church. So long as it had

sword and fagot at its command, and the will to use them; so long as it

pretended to have, and people believed that it had, power to mete out

damnation to its opposers; just so long were science, justice, and

thought fatally crippled.

But when Voltaire, Diderot, Condorcet and the great encyclopedist circle

of France got their hands on the throat of the Church, and dipped their

pens in the fire of eloquence, wit, ridicule, reason, and justice,

then, and not till then, began to dawn a day of honor toward women, of

humanity and justice and truth. They drew back the curtain, the world

saw, the cloud lifted, and life began on a new plane. Under Pagan rule

woman had begun, as we have seen, to receive recognition apart from

sex. She was a human being. A general law of "persons" applied to

and shielded her. But from the first the Christian Church refused to

consider her apart from her capacity for reproduction; and this one

ground of consideration it pronounced a curse, a crime, and a shame to

her. Her only claim to recognition at all was a curse. She was not a

person, she was only a function.*

* See Lea's "Sacerdotal Celibacy."

Man it pronounced a person first, with rights, privileges, and

protection as such. Incidentally he might also be a husband, a father,

or a son. His welfare, duties, and rights as a person, as a human being,

were apart from and superior to those that were special and incidental.

He received consideration always as a person. He _might_ be dealt with

as husband or father.

But ignoring all her mental life and denying that she had any, and

ignoring all her physical possibilities, ambitions, desires, and

capabilities as a person, the Church narrowed woman's life and

restricted her energies into a compass where its power over her became

absolute and her subjection certain. Nor has the loss been wholly

to woman, for any influence which cripples the mother's capacity of

endowment takes cruel revenge on the race.*

* "It is not impossible but that a more correct

understanding of the laws of life and heredity may establish

the fact that because of the subjection of woman, the entire

race has been mentally dwarfed and physically weakened."

--Gamble.

From this outlook the debt of civilization to the Church is heavy

indeed. Is it a debt of gratitude?

Under this head there is space for but one point farther, out of the

great store at hand.

The clergy were licensed to commit crime. They got up a neat little

scheme called "benefit of clergy" by which they were secure from

the punishment meted out to other criminals. The relief offered did

sometimes reach other men, but as learning was largely confined to the

clergy they were the chief beneficiaries, as the name implies and as was

the intent of the law. Any man who could read was allowed "benefit

of clergy;" in other words, his punishment was lightened or entirely

omitted. But a woman, though she were a perfect mine of wisdom and could

read in any number of languages, could receive no such benefit, _because

she could not take holy orders_. They first enacted that she should

not take orders, and then they denied to her the relief which only that

ability could give. So great a favorite was woman with the Church!

The ordinary male criminal received the ordinary punishment, the clergy

received none; and in order that the requisite gross amount of suffering

for crime should be inflicted on somebody, the clergy enacted that woman

should receive _their_ share vicariously in addition to her own,

and then to this they added such interest as would make the

twenty-per-cent-a-month men of Wall street ashamed of their stupid

financiering.

Thus the Church arrogated to itself the exclusive right to commit crime

with impunity, and also claimed and exercised the right to prevent women

from learning to read. If she still persisted it could then punish her

doubly, _because she had no right to learn_.

For offenses for which ordinary men were hanged, women were burned

alive, and priests were glorified. For larceny a man was branded in the

hand or imprisoned for a few months; while _for a first offence_ of

the kind a woman was kindly permitted to be hanged or beheaded _without

benefit of clergy_; and the clergy went scot free.* The Church did then

as it does now, it claimed all the benefits of citizenship and paid none

of the penalties and bore none of the burdens.**

* Blackstone. Christian.

** It still claims exemption from taxation, thus throwing

its burden on others; and it also claims immunity from the

very gambling laws which it so rigidly enforces against

other institutions.

The Church did then just as it does now, in principle, in setting up

certain great benefits which _only priests might hope to obtain, and

then enacting that certain persons were forever ineligible to the

priesthood_; and the same or quite as good reasons were given for

denying women such relief from the penalties of the law as was freely

extended to men, as are given to-day for refusing her the liberty,

emoluments, and benefits that are freely accorded to the most imbecile

little theological student who is educated by the needle of a sister

and supported by money wrung from the fears of shop or factory girls,

to whom he paints the terrors of hell, and freely threatens the same to

those who disobey him. Salvation comes high, but no preacher ever gets

so poor that he cannot distribute hell free of charge to the multitude

without the least diminution of his stock-in-trade.

I should think that an orthodox pulpit would be about the last place a

self-respecting woman would wish to fill; but I am glad, since there

are some who do so wish, that the issue has again been forced upon the

Church, and that in 1884, true to her history, she was again compelled

to acknowledge herself a respecter of persons, a degrader of women, and

a clog to progress and individual liberty, equality, and conscience.

I am glad that women have recently forced the Methodist and Presbyterian

Churches to declare their principles of class preference and partial

legislation. I am glad that in 1884 these Churches were compelled to say

in effect to women, so that the world could hear: "You are not and you

never can be our equals. We are holy. You are unclean. We will hold you

back and down to the ancient level we made for you just as long as the

life is in us; and if you ever receive recognition as a human being, it

must be at the hands of those who defy the Church and hate creeds that

are not big enough to go all round. Our creeds are only large enough to

give each sex half. But we won't be stingy, we only want our share. You

are entirely welcome to all the degradation here and all the damnation

hereafter; and any man who attempts to deprive you of these blessings is

a heretic and a sinner. Let us pray."

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