How much power did women possess in Early Modern Europe

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Rebecca Gadsdon

How much power did women possess in Early Modern Europe?

‘Women are created for no other purpose than to serve men and be their helpers. If women grow weary or even die while bearing children, that doesn’t harm anything. Let them bear children to death; they are created for that’.

Martin Luther

‘In the early modern period women were described by male authors as morally, intellectually and physically weaker than men’. This conclusion was based principally on biblical teachings and on the medical understanding of the time.

The story of Adam and Eve and the New Testament writings of St.Paul were influential religious arguments for the subordination of women , these were reinforced by Aristotle’s premise that a woman was a physically inferior version of the perfect male form.

Although women were believed by most religious, medical, legal and moral theorists to be inferior to men, they were not viewed as naturally subservient and therefore various restraints had to be imposed upon women in order to sustain the social system.

In the Early Modern period Laws reflected male ideas and worries rather than actual female actions. Law itself changed considerably during this period in a bid to get rid of the highly localized and often contradictory law codes that had grown up in Medieval Europe ( and to conform with Roman Laws).. These changes had an impact on the legal status of women.

 

Marriage was the main reason or excuse for not allowing women to participate in public offices and duties, because it was considered that their primary duty was to obey and serve their husbands and that they would not be capable of doing both. Unmarried women and widows were also excluded because there was a possibility that one day they might get married.

 A married woman was legally subject to her husband in all aspects of life. She could not sue, make contracts or go to court for any reason without her husband’s approval and in many areas of Europe a woman could not be sued or charged with any civil crime on her own.

In many parts of Europe, all goods or property that a wife brought with her into a marriage as well as all wages she earned during the marriage was the property of her husband. After a husbands death many widows were given a portion of their husbands estate, called a dower that was hers to use until she too died. However, it was not unconditionally hers, if heirs thought she was devaluing the property they could take her to court as the land went back to them after she died.

Along with marriage contracts, states began to produce other small ways for wives to gain some legal and economic independence from their husbands. However, this was not particularly for women’s benefit. It was beginning to be understood that a wife’s totally dependant legal position often did not fit with economic needs or social realities. In almost all cities, laws beginning in the 14th or 15th centuries, allowed married women who engaged in business on their own, or with their husbands, were allowed to declare themselves unmarried for legal purposes. This meant they could borrow and loan money and make contracts without their husbands’ approval which was a notable step. It was not all positive though as they could now be imprisoned for debt or for violating civil laws. Wives were also gradually allowed to have control over some family property, but only if they could prove that their husbands were squandering everything. Such laws were described as protection for women and children but were also to prevent families from needing public charity. So again although this seems like an improvement its motive needs to be questioned, was it to benefit women or the state?

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Roman law also gave another reason for women’s second class status. It was believed that because of women’s ‘physical and mental weaknesses’, their “fragility, imbecility, irresponsibility, and ignorance” in the words of Justinian’s code. A woman would not be allowed to appear before a court because their testimony deemed unreliable. These ideas lead Jurists in many parts of Europe to recommend, and sometimes execute, the re-introduction of gender-based guardianship. This meant that; unmarried women and widows were again given male guardians, and prohibited from making any financial decisions without their approval. This is a clear step back in women’s ...

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