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The Pamphlet Collection of Sir Robert Stout: Volume 65

Women's Rights to Property

Women's Rights to Property.

I am also in favour of women, whether married or single, having the same rights and wrongs regarding their property as men. The position of woman, which, according to some, the law of England regards with such affectionate concern, seems in this respect anomolous and absurd. The education of women is now different and fuller than formerly, and there seems no reason to doubt but that, though married, they could look after their property. If any of them think they cannot, they may ask their husband's advice, which, if he gives it, they can take or not as they choose.

page 148

I am of opinion also that breaches of promise of marriage should not be actionable, unless made by a deed and the penalty for non-fulfilment stated. The spectacle of thousands of pounds being given and received under such balderdash as love-letters and reported evidence, is a most extraordinary one. I think too, that the duty of maintaining a wife and family should fall on the husband alone, when the wife has no property. When she has property, it is her duty to maintain herself and to provide her half of the expense in support of the family. If she belongs to herself, then she should keep herself, and the family are as much hers as her husband's. When the wife has no property, it seems that the husband might be justly called upon, for he not seldom is the first to ask the woman in marriage, and is mainly the offender. The "necessaries" allowed by law to a wife should be more clearly defined by statute, but which might be modified by contract between the parties. I would allow separation on security being given to the State for the support of the children.* Divorce is of course only to be obtained through adultery.