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A Short History of Women's Rights
From the Days of Augustus to the Present Time. With Special Reference to England and the United States
By Eugene A. Hecker
_SECOND EDITION REVISED, WITH ADDITIONS_
To
MY MOTHER
PREFACE TO THE SECOND EDITION
In this edition a chapter has been added, bringing down to date the record of the contest for equal suffrage. The summary on pages 175-235 is now largely obsolete; but it has been retained as instructive evidence of the rapid progress made during the last four years.
E.A.H.
CAMBRIDGE, MASS. _August, 1914_.
PREFACE
While making some researches in the evolution of women's rights, I was impressed by the fact that no one had ever, as far as I could discover, attempted to give a succinct account of the matter for English-speaking nations. Indeed, I do not believe that any writer in any country has essayed such a task except Laboulaye; and his _Recherches sur la Condition Civile et Politique des Femmes_, published in 1843, leaves much to be desired to one who is interested in the subject to-day.
I have, therefore, made an effort to fill a lack. This purpose has been strengthened as I have reflected on the great amount of confused information which is absorbed by those who have no time to make investigations for themselves. Accordingly, in order to present an accurate historical review, I have cited my authorities for all statements regarding which any question could be raised. This is particularly so in the chapters which deal with the condition of women under Roman Law, under the early Christian Church, and under Canon Law. In all these instances I have gone directly to primary sources, have investigated them myself, and have admitted no secondhand evidence. In connection with Women's rights in England and in the United States I have either consulted the statutes or studied the commentaries of jurists, like Messrs. Pollock and Maitland, whose authority cannot be doubted. To such I have given the exact references whenever they have been used. In preparing the chapter on the progress of women's lights in the United States I derived great assistance from the very exhaustive _History of Woman Suffrage_, edited by Miss Susan B. Anthony, Mrs. Ida H. Harper, and others to whose unselfish labours we are for ever indebted. From their volumes I have drawn freely; but I have not given each specific reference.
The tabulation of the laws of the several States which I have given naturally cannot be entirely adequate, because the laws are being changed constantly. It is often difficult to procure the latest revised statutes. However, these laws are recent enough to illustrate the evolution of women's rights.
Finally, this volume was written in no hope that all readers would agree with the author, who is zealous in his cause. His purpose will be gained if he induces the reader to reflect for himself on the problem in the light of its historical development.
E.A.H.
Table of contents (by pages)
- 1: A Short History of Women's Rights by Hecker
- 2: Contents chapter iwomen's rights under roman law
- 3: From augustus to justinian 27 b
- 4: If she wished her freedwoman to cohabit with another's slave
- 5: That women of mature age should be under guardianship
- 6: 45 Sidenote Breach of Promise
- 7: The dowry belongs to the woman
- 8: The dowry remained with the husband
- 9: 94 If the incest involved adultery
- 10: Allowing for the natural exaggeration of satirists
- 11: You managed our patrimony in such wise
- 12: Otherwise through her guardian
- 13: And the great interest aroused thereby Attia Viriola
- 14: Sidenote Rights of women to inherit
- 15: Of his own property prescribed by the Falcidian Law
- 16: Sulpicia was a noble matron in good standing
- 17: And no one could become heir to a Vestal who died intestate
- 18: Digesta recognovit Theodorus Mommsen
- 19: Volumen Tertium recognovit Rudolfus Schoell
- 20: XII Panegyrici Latini recensuit Aemilius Baehrens
- 21: Uxor viro si clam domo egressa est foras
- 22: Ipsa habet rei uxoriae actionem
- 23: 1 Moribus apud nos receptum est
- 24: Pauli fragmentam in Boethii commentario ad Topica
- 25: 18 alienam suscipere defensionem virile officium est
- 26: Ne quis heredem feminam faceret
- 27: Data puellae tertia militis facultatum parte
- 28: 27 Xiphilin notes the heroic conduct of Epicharis
- 29: Thou shalt not commit adultery
- 30: But the woman being beguiled hath fallen into transgression
- 31: Tertullian calls second marriage a species of prostitution
- 32: The Gospels and the writings of the Apostles
- 33: Utrum odiosam an amabilem ducat
- 34: De virginibus velandis and de cultu feminarum
- 35: Sidenote Strict laws of Gratian
- 36: But if the solemn osculum had not yet taken place
- 37: 282 Sidenote Bills of attainder
- 38: 1 Antiquitus quidem licebat sine periculo tales i
- 39: 287 For all these enactments see Codex
- 40: Sidenote The account of Tacitus
- 41: And twelve solidi in addition
- 42: To do so was to commit adultery
- 43: 340 By the laws of the Visigoths 341 when the wife died
- 44: But only the recompense usual for a man 160 solidi
- 45: Iulii Caesaris Commentarii de Bello Gallico recognovit Geo
- 46: Hannoverae et Lipsiae Impensis Bibliopolii Hahniani
- 47: I uxorem ducturus CCC solidos det parentibus eius
- 48: Non filiae hereditatem relinquit
- 49: 358 Lex Angliorum et Werinorum
- 50: Compiled by order of Justinian 527 565 A
- 51: The learning was exclusively scholastic
- 52: Sidenote Clandestine marriages
- 53: But there is no absolute divorce even for adultery
- 54: Consanguinity and affinity are diriment impediments
- 55: And it is bitterly hostile to woman suffrage
- 56: Lipsiae Tauchnitz Pars Prior
- 57: Tanquam resolvens ius subiectionis
- 58: Et quelibet noxia superstitio fornicatio est
- 59: Margarite and Charlotte Stiles
- 60: In case of any gross misbehaviour
- 61: If he has not alienated it inter vivos
- 62: The aforesaid Anne Sellwood was married in her Smock
- 63: But in England the force of the canon law continued
- 64: Misconduct by the husband bars him from obtaining a divorce
- 65: Sidenote Women's rights to an education
- 66: Sidenote Women in the professions
- 67: In 1903 Tasmania gave full state suffrage
- 68: The University of Chicago Press
- 69: Which also gives the court discretion in alimony
- 70: From the Philadelphia Public Ledger and Daily Transcript
- 71: So rancorously and avowedly anti biblical
- 72: At the World's Anti Slavery Convention
- 73: It was organised by divorced wives
- 74: Their social and religious degradation
- 75: Some fifty other women of Rochester registered
- 76: Kansas gave municipal suffrage in 1887
- 77: Oberlin College had from its foundation
- 78: 412 Sidenote In the ministry
- 79: DIVORCE Absolute divorce is granted for incurable impotence
- 80: DIVORCE Absolute divorce for adultery
- 81: Neither dower nor curtesy obtains
- 82: DIVORCE Absolute divorce for adultery
- 83: For any of these causes except bigamy
- 84: DIVORCE Absolute divorce for adultery
- 85: DIVORCE Absolute for adultery
- 86: Curtesy and dower are equalised
- 87: Seats must be provided for female employees
- 88: And in order to be entitled to dower or curtesy
- 89: DIVORCE Absolute for adultery
- 90: DIVORCE Absolute for adultery
- 91: Both dower and curtesy prevail
- 92: DIVORCE Absolute for impotence
- 93: DIVORCE Absolute for adultery
- 94: DIVORCE Absolute for adultery
- 95: If husband or wife dies intestate
- 96: Conviction and imprisonment for felony after marriage
- 97: Curtesy and dower both prevail
- 98: DIVORCE Absolute for adultery
- 99: INDUSTRIAL AND PROFESSIONAL STATUS No suffrage
- 100: DIVORCE Absolute for adultery
- 101: DIVORCE Absolute for adultery
- 102: Women are eligible for all offices
- 103: Whether equal suffrage is granted or not
- 104: Of John Stuart Mill always a physical weakling
- 105: Marriage is a benevolent despotism
- 106: Remain unmarried and sow an unlimited quantity of wild oats
- 107: When equal suffrage was first granted
- 108: Be a fight for an educational qualification for all voters
- 109: Women might be found qualified
- 110: Because their husbands sometimes vote right
- 111: She was barred from participation in the intellectual
- 112: In active courage women are inferior to men
- 113: A divorced woman could do nothing
- 114: Their behaviour is simple and unvarying
- 115: We deplore the outrages which accompany revolutions
- 116: The scattered elements of truth cease to conflict
- 117: A Being breathing thoughtful breath
- 118: And Tunnel Company of Colorado and directs 300 workmen
- 119: Reversing completely its judgment of 1895
- 120: Which ostracised a divorced woman
- 121: Divorce may simply be a symptom
- 122: 9 Establishing truant schools
- 123: Ten in Georgia and Mississippi for example
- 124: South Australia Municipal suffrage
- 125: Municipal suffrage made universal
- 126: Refused to create a woman suffrage committee
- 127: Has been created at Washington
- 128: The Boston Tea Party was a typical militant outrage
- 129: This is not an indictment of the whole German people
- 130: They should have opportunity to find their sphere
- 131: The debate is contained in pages 5454 5472
- 132: Modified by Theodosius and Valentinian
- 133: INDEX TO SUPPLEMENTARY CHAPTERAAdvance of equal suffrage
