The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-16
mOMAN AND TIE LAW.
Representative Robert Adams Of Pennsylrdnfd
The frat dea of n wife seems TO have

Representative Robert adams Of Pennsylrdnfd.
The first idea of a wife seems to have
arisen from the power to obtain and retain
possession of a woman. We read in
the Bible of the capture Of wives from
the daughters OF Shiloh for the children
of Benjamin. The early history OF the
Greeks, Romans and Hebrews Is filed with
expeditions made for no ostensble reason
save that of procuring wives. Walter
Scott says that the Macgregors captured
a wife in $50 for Robin dig: date so recent
that the deed might be set down to fiction
did we not know that it was necessary to
pass law In England in the third year OF
Henry Wis reign making t capital
enenoe to carry away a woman without
her consent The next step in the mstri-
monial relation was the sale of daughters
among the semi-civilized tribes. This had
the improvement OF giving fathers and
brothers some say in the disposition OF the
woman, and Of at least rejecting the brutal
alliances.
The legal status Of woman was changed
early in the Greek law, and from that OF
chattel 10 be sold the father paid sum
OF money To the bridegroom. which was
tho beginning Of the custom Of -dowry.
This was secured to her, in case Of sepa-
ration, as well as an allowance from her
husband, il he were the guilty cause OF a
divorce. Thus fixed legal status with
personal rights was first given by Greek
law. This raised her position in the marital
state, and she became the companion in
stead of the playthlng OF the husband.
The "Patria Potesta,' OF early Rome
gave absolute authority TO the father over
tho family He could sell his daughter to
one OF his own selection. and his authority
was transferred to the husband as to the
fortune and even the life OF his wife. More
mature Roman jurisprudence improved the
status Of the female to the extent Of inheri-
lance Of property and its retention indie
pendently Of her husband. The fall Of
Rome and the institution of feudalism had a
disastrous effect on the social and legal
position of women. Martial service was
the Indispensable qualification OF the right
to hold property. Deprived OF this her
personal rights were soon abridged.
During the whole Anglo-Saxon period
the law gave the power to the husband
to exercise restraint by correcting her If
necessary. Civil law allowed the husband
for some misdemeanors TO castigate his
wife moderately. Authorities do not agree
as to what constituted a moderate casti-
cation. or the instrument wherewith it
was TO be inflicted. Welsh law fixes as
proper allowance athree blows with broom.
stick on any part of the body except the
head A second law limits the size OF the
stick at the length of the husbands arm
and the thickness of mis- middle finger.
Another rule was that "a man may lawfully
correct his wife with stick no bigger than
his thumb
No wonder. then, when Justice Brooke
az Henry VIII, fol. a afiirms that If a
man beat AN outlaw, a traitor, a pagan,
his villein or his wife it Is dispunishable.
because hy the Law common these persons
can have no acton" He says. God send
gentle woman better sport or better corn
pane But, said Blackstone. in his Com
mentaties. with Va in the potter reign OF
Charles II. this power OF correction begins
to be doubted, and wife may now have
security OF the peace against her husband
Yet the lower rank OF people. who were
always fond OF the old common law, still
claim and exact their ancient privilege
II was not until 1929 that the act of Charles
H., which embodied the old common law
and allowed a man 10 -chastse his wife
with any reasonable Instrument was re-
pealed.