Sir:—Since God in his infinite mercy has been pleased to show us the errors of Rome, and has given us strength to abandon them to follow Christ, we deem it our duty to say a word on the abominations of the confessional. You well know that these abominations are of such a nature that it is impossible for a woman to speak of them without a blush. How is it that among civilized christian men one has so far forgotten the rule of common decency as to force women to reveal to unmarried men, under the pains of eternal damnation, their most secret thoughts, their most sinful desires and their most private actions?

How unless there be a brazen mask on your priest’s face dare they go out into the world having heard the tales of misery which cannot but defile the hearing, and which the women cannot relate without having laid aside modesty and all sense of shame. The harm would not be so great should the Church allow no one but the woman to accuse herself. But what shall we say of the abominable questions that are put to them and which they must answer?

Here, the laws of common decency strictly forbid us to enter into details. Suffice it to say, were husbands cognizant of one-tenth of what is going on between the confessor and their wives, they would rather see them dead than degraded to such a degree.

As for us, daughters and wives from Montreal who have known by experience the filth of the confessional, we cannot sufficiently bless God for having shown us the error of our ways in teaching us that it was not at the feet of a man as weak and as sinful as ourselves, but at the feet of Christ alone that we must seek salvation.

Julia Herbert,
Marie Rogers,
J. Rocham,
Louise Picard,
Francoise Dirringer,
Eugenie Martin, and
forty-three others.[102]

In reply to a letter of inquiry addressed by myself to Rev. Mr. Chiniquy, the following answer was received.

St. Anne, Kankakee County, Illinois
January 4, 1887

Mrs. Matilda Joslyn Gage,
Madam

In answer to your honored letter of the 29th Dec. I hasten to say: First. The women of Montreal signed the declaration you see in ‘The Priest, the Woman and the Confessional,’ in the fall of 1877. I do not remember the day. Second. As it is ten years since I left Montreal to come to my Missionary field of Illinois, I could not say if these women are still in Montreal or not. Great, supreme efforts were secretly made by the Bishop of Montreal to show that these names were forged in order to answer and confound me, but the poor Bishop found that the document was too correct, authentic and public to be answered and attacked, and he remained mute and confounded, for many of these women were well known in the city.

Third. You will find the answer to your other questions, in the volume ‘Fifty Years in the Church of Rome,’ which I addressed you by today’s mail.

Respectfully yours in Christ,
C. Chiniquy

The same assertion of priestly infallibility is made today as it was centuries ago, the same declaration of change of nature through priestly celibacy. Upon this question Mr. Chiniquy says:

If any one wants to hear an eloquent oration let him go where the Roman Catholic priest is preaching on the divine institution of auricular confession.

They make the people believe that the vow of perpetual chastity changes their nature, turns them into angels and puts them above the common faults of the fallen children of Adam. With a brazen face when they are interrogated on that subject, they say that they have special graces to remain pure and undefiled in the midst of the greatest dangers; that the Virgin Mary to whom they are consecrated is their powerful advocate to obtain from her son that superhuman virtue of Chastity; that what would be a cause of sin and perdition to common men is without peril and danger for a true son of Mary.[103]

A work entitled “Mysteries of the Neapolitan Convents,” its author Henrietta Carracciola, a woman of the purest blood of the princes of Italy, daughter of the Marshal Carracciola, Governor of the Province of Pasi in Italy, is quoted from, by Rev. Mr. Chiniquy, in confirmation of his statements as to the continued impurity of the confessional.

Finally another priest, the most annoying of all for his obstinate assiduity, sought to secure my affections at all cost. There was not an image profane poetry could afford him, nor a sophism he could borrow from rhetoric, no wily interpretation he could give to the word of God, which he did not employ to convert me to his wishes. Here is an example of his logic:—

“Dear daughter,” said he to me one day, “knowest thou who thy God truly is?”

“He is the Creator of the Universe,” I answered dryly.

“No-no-no-no! that is not enough,” he replied laughing at my ignorance; “God is Love, but love in the abstract which receives its incarnation in the mutual affection of two hearts which idolize each other. You must then not only love God in the abstract existence, but must also love him in his incarnation, that is, in the exclusive love of a man who adores you. Quod Deus est amor nec colitus nisi amando.

“Then,” I replied, “a woman who adores her own lover would adore Divinity itself?” “Assuredly,” reiterated the priest over and over again, taking courage from my remark and chuckling with what seemed to him the effect of his catechism.

“In that case,” said I hastily, “I should select for my lover rather a man of the world than a priest.”

“God preserve you, my daughter! God preserve you from that sin. To love a man of the world, a sinner, a wretch, an unbeliever, an infidel! Why, you would go immediately to hell. The love of a priest is a sacred love, while that of a profane man is infamy. The priest purifies his affections daily in communion with the Holy Spirit.... If you cannot love me because I am your confessor, I will find means to assist you to get rid of your scruples. We will place the name of Jesus Christ before all our affectionate demonstrations and thus our love will be a grateful offering to the Lord and will ascend fragrant with perfume to Heaven like the smoke of the incense of the Sanctuary. Say to me for example ‘I love you in Jesus Christ, last night I dreamed of you in Jesus Christ,’ and you will have tranquil conscience, because in doing this God will sanctify every transport of your love.”

Rev. Mr. Chiniquy who in his fifty years of Romish priesthood possessed every opportunity for knowing the truth, does not hesitate to affirm that the popes are today of the same general immoral character they were in the earlier centuries of the Church. He says:

Let not my readers be deceived by the idea that the popes of Rome in our days are much better than those of the ninth, tenth, eleventh and twelfth centuries. They are absolutely the same—the only difference is that today they take a little more care to conceal their secret orgies. Go to Italy and there the Roman Catholics themselves will show you the two beautiful daughters whom the late Pope Pius IX had from two of his mistresses. Inquire from those who have personally known Pope Gregory XVI the predecessor of Pius IX; after they will have given you the history of his mistresses, one of whom was the wife of his barber, they will tell you that he was one of the greatest drunkards in Italy.[104]

The views of the Catholic Church in regard to marriage of the priesthood was recently demonstrated in the United States, 1885, by the persecution of a priest of the Uniate Greek Church sent as a missionary from Austria to Pennsylvania. The Greek Church, it must be remembered, permits a single marriage to a priest. The Uniate while in this respect following the discipline of the Greek Church, yet admits the supremacy of the Pope which the regular Greek Church does not. The Uniate Greek Church accepts, as binding, all the decisions of Rome subsequent to the division between the eastern and the western parts of christendom. Endowed with authority from both branches, Father Wolonski came to this country accompanied by his wife, in full expectation of fellowship with his catholic brethren. His first contrary experience occurred in Philadelphia when Archbishop Ryan of the Cathedral refused all intercourse with him because of his marriage. Reaching Shenandoah where commissioned by his own Austrian Bishop, he discovered himself still under ban; the resident priest of the catholic church having warned his congregation under pain of excommunication to shun both himself and his church, upon the ground that the Roman Church under no circumstances tolerated a married priest. Eventually the subject grew to such proportions that Father Wolonski was recalled, and an unmarried priest sent in his stead.[105]

From the experience of Father Wolonski less than a decade since, with the bitter hostility shown by the church towards Father Hyacinthe, we find that a belief in the special holiness of celibacy is as dominant in the Catholic church today as at any period of its history; concurrent testimony teaching us that its greatest evils remain the same as of old. It is less than twenty years since the whole christian world was interested in a suit brought against the heirs of the deceased Cardinal Antonelli in order to secure recognition of his daughter’s claim to inheritance. This girl was everywhere spoken of by the Catholic Church as “a sacrilegious child,” that is, a being who had violated sacred things by coming into existence. The destruction of her mother’s life, her own illegitimacy, the wrong done to her mother’s family and to society were held as of no moment beside the fact that her claims, if allowed, would take property from the church. The love of the Great Cardinal for this girl’s mother was fully proven, but the church having established celibacy in order that it might control the property of its priests, was not inclined to permit any portion to be diverted from that source. Honesty, justice, and the ties of natural affection, now as of yore are not part of the Church system. In consequence, this suit of the illegitimate child of the Great Cardinal Secretary, filled not alone Italy, but the whole Catholic world with disgrace.

Among the countries now striving to free themselves from Church dominion is Mexico. A letter to the New York Herald, winter of 1892, regarding the revolution there in progress, said of Diaz:

Instead of his being assisted by the Church it has been his bitterest and most relentless enemy and opponent. The Church in Mexico is opposed to all enlightenment of the people. The clergy, if they can be honored with that name, fight all improvements. They want no railways or telegraphs and when he adopted a system of compulsory education the war began in earnest. Diaz was determined, however, and he retaliated by closing up the convents and prohibiting the establishment of monasteries. Being further opposed in his efforts at reform and defied by the priests he put hundreds of them in Pueblo in jail and prohibited the ringing of Church bells in certain localities. He forcibly impressed on them the fact that he was running Mexico, not they. He gave them to understand that his idea of Christianity was, that priests should preach Christ crucified and not revolution and infraction of the laws.

In Mexico, priests can keep mistresses with impunity. From a church to a gambling-table is but a step, and the priests gamble with the rest. The rentals of houses of ill-fame, of gambling-houses, of bull-pens all go to a church which is supposed to teach religion. Because Diaz, a catholic himself, will not tolerate such crimes under the guise of religion he is fought by the church and is the recipient of their anathemas.

Take the leading church in Monterey outside of the cathedral. You step from the church-door to a plaza owned by the church and in which stand fifty tents in which are conducted monte, roulette and other games of chance. Behind this stand the bull-pen, and the profits and rentals go to the Church.

With all these lights the most plausible inference or theory is that the clerical party, as they see all these privileges being swept away, will cheerfully contribute the sinews of war with which to carry on a revolution against Diaz. They have agents in Europe and the money can come through that source without detection.

The agent of the Clerical Party in Europe is the Church itself. As a body, it has ever opposed advancement and reform. It anathematized the printing press as an invention of the devil and has steadily opposed education of the people. Its work is best done in the darkness of ignorance and superstition. For this cause it has opposed all new discoveries in science, all reforms of whatever character.[106] Not by the Catholic Church alone, but under the “Reformation,” as we have seen, the same prohibition of the Bible to common people, has existed the same resistance to education of the masses, the same opposition to antislavery, to temperance, to woman’s demand for equality of opportunity with man. The general nature of the church does not change with change of name. Looking backward through history we even find the same characteristics under the patriarchate; love of power, greed for money, and intense selfishness combined in a general disregard for the rights of others.

M. Renan’s drama, “L’Abbesse de Jouarre,” was written because he wished to prove the worthlessness of those vows imposed on catholic priests and nuns, as well as show the bondage under which they held the feminine conscience, while the masculine conscience throws them aside. It is not alone the nuns whose conscience is bound, but all feminine members of the catholic church are more closely held in a spiritual bondage, than the male members of that church. In 1885, a letter from Chili to the New York Sun graphically pictured certain Chilian women penitents who are known by a peculiar dress they are required to wear.[107] Others whose sins are so great that they cannot be purged by a penitential dress, retire for a season to the “Convent of Penitents,” where by mortification of the body they hope to gain absolution for the soul. Still more severe than this retreat are other convents known as “Houses of Detention,” where wayward daughters are sent, and young mothers without husbands are cared for. But the whole country of Chili fails to show a similar dress, or house of penitence, or correction for men. Shame and penance, equally with sin, have been relegated by the church to women alone.

The confessional is not frequented by men, and mass is but seldom attended by them. For this laxity a double reason exists: First, immorality in men is not looked upon as contrary to its discipline. Second, through woman having been trained to a more sensitive conscience than man, the confessional wrests secrets from her lips, which gives the church knowledge of all it wishes to learn in regard to the family. No more certain system could have been devised for the destruction of woman’s self-respect than the one requiring penance from her for sins the church passes lightly over in man. Nor would penance of this character be demanded from women were the offices of the church open to her the same as to man. No greater crime against humanity has ever been known than the division of morality into two codes, the strict for woman, the lax for man. Nor has woman been the sole sufferer from this creation of Two Moral Codes within the Christian Church. Through it man has lost fine discrimination between good and evil, and the Church itself as the originator of this distinction in sin upon the trend of sex, has become the creator and sustainer of injustice, falsehood and the crimes into which its priests have most deeply sunk. Nor is this condition of the past. As late as the fall of 1892 a number of articles appeared in Canadian papers openly accusing the catholic priesthood of that province of the grossest immorality.[108] That priestly celibacy yet continues in the Romish Church is not a subject of surprise, when we realize the immense power and wealth it has been enabled to secure through its means; but it is one of astonishment, carrying with it a premonition of danger, that we now see a similar tendency in the ritualistic portion of the Episcopal Church, both in England and the United States. The evils of monasticism, although less potent than during the middle ages, are still great, and in finding entrance into Protestant denominations are a fresh warning of their dangerous tendency. The experience of the past should not appeal to us in vain. We have noticed the perils to society arising from those classes of persons who, under plea of religion, evade the duties of family and social life. No crime against the world can be greater than the deliberate divestment of responsibility by one’s self, because tired of the warfare of life, that struggle which comes to every human being; the becoming “fascinated with the conceptions of an existence” outside of ordinary cares; and the entrance into an order in which one’s own personal responsibility is largely surrendered to others is not alone a crime against the state, but a sin against one’s own self and against humanity. An order which thereafter assumes the task of directing the thoughts and lives of its members into a channel of “repose and contentment” as certain protestant orders do, is one of the dangerous religious elements of the present day. No crime against one’s self or against society can be greater than this. In the Ritualistic Episcopal Church are to be found monks and sisterhoods upon the celibate plan, confessors and penance, all of them primal elements in moral and spiritual degradation. If religion has a lesson to teach mankind, it is that of personal responsibility; it is that of the worth and duty of the individual; it is that each human being is alone accountable for his or her course in life; it is the lesson of the absolute equality of each human being with every other human being in relation to these cardinal points. The lesson should have been learned ere this, that ecclesiastical pretense of divinely appointed power has ever made the priesthood arrogant, coarse and tyrannical; the male laity dependent and dissimulating; woman, self-distrustful and timorous, believing in the duty of humiliation and self-sacrifice; that her life is not to be lived primarily for herself alone, but that her very right to existence is dependent upon the benefit thereby to accrue to some other person. Today, as of old, the underlying idea of monasticism, of “brotherhoods,” “sisterhoods,” and their ilk even in Protestant denominations, is the divine authority of some priestly superior, and that the power of remitting sins inheres in some system under control of some priest. The Ritualistic party of the Episcopal Church, equally with the Roman Catholic Church, makes frequent reference to these words of Christ—St. John XX, XXIII—“Whatever sins you remit they are remitted unto them, and whatsoever sins you retain are retained,” thus premising the divine power of the priesthood.

Chapter Three


Canon Law

The earliest Saxon laws were almost entirely ecclesiastical,[1] their basis seeming to have been payment of tithes to the Church and support of the pope through what was known as the “hearth penny” to St. Peter. Marriage was by no means allowed to escape general ecclesiastical control, its legitimacy being made to depend upon the sanction and services of a priest.[2] This we learn from Reeves, whose authority is indisputable,[3] therefore we discover that even long before marriage was constituted one of the sacraments, celibacy or the confessional established, the Church had perceived the great increase in its authority to be brought about by gaining control of the marriage ceremony and making its legitimacy depend upon the services of a priest. This was a material step towards the subjugation of mankind; one whose dire consequences have not yet received due consideration. When Rome became a Christian State, and the phallic cross triumphed over the gods and goddesses of old, the condition of woman under the civil law became more degraded. The change from ancient civilization to that renewed barbarism at an early age of the Christian era, which so many writers note without perceiving its cause, is to be found in the low conception of womanhood inculcated by the Church. Ignorance, superstition, falsehood and forgery united in creating new codes of law, new customs of society, new habits of thought, which, having for centuries been imposed upon mankind by the united force of the Church and the State, still continue their impress upon modern life and law.

Among general canons we find that “No woman may approach the altar.” “A woman may not baptize without extreme necessity.” “Woman may not receive the Eucharist under a black veil.” “Woman may not receive the Eucharist in morbo suo menstrule.”

At the Synod or Council of Elvira,[4] 305 or 306, several restrictive canons were formulated against woman. Under Canon 81, she was forbidden to write in her own name to lay christians, but only in the name of her husband. Women were not to receive letters of friendship from any one addressed only to themselves.

From the commencement of the fifth century, the Christian clergy acquired a powerful influence in Rome. Bishops and priests were the municipal magistrates of the Roman Empire, of which little now remained except its municipal government; thus the Church in reality became Rome, and Rome the Church. It has been declared difficult to fix with precision the period at which ecclesiastics first began to claim exemption from civil jurisdiction. The Synod of Paris, 615, seems to have secured to the clergy the privilege of being brought before mixed tribunals in all cases which had theretofore belonged to the civil judge alone. Bishops acquired greater power from having an oversight over the whole administration of justice committed to them, while their spiritual judgments were rendered more effective by the addition of excommunication to civil punishments. The State, at first holding repression over the Church, added to its powers by relieving the clergy from all civil duties,[5] thus tending to make of them a body exterior to the civil government. This division was farther increased through the emperors giving confirmation to the decisions pronounced by bishops in ecclesiastical affairs, and also when they were chosen umpires in civil suits; the tendency of this action was towards the creation of an ecclesiastical law with separate powers from the civil law. Another step towards the separation of civil from ecclesiastical law and the supremacy of the latter, was made when in cases of discipline the clergy were allowed to come under the authority and supervision of the Spiritual Courts.[6]

As soon as Christianity became the religion of the State, this power was still farther increased by the permission accorded ecclesiastics to accept gifts, inherit and hold property; the purity of clerical motives being thereby greatly lessened, as covetous and unscrupulous persons were forthwith attracted to this profession. The law of tithes was introduced by Charlemagne, and his edicts largely increased clerical power. The compilation of a Code of Canon Law was begun as early as the ninth century,[7] by which period the olden acknowledged rights of the clergy, those of superintending morals and interference on behalf of the unfortunate, had largely been lost sight of, or diverted from their proper course by a system of ecclesiastical tyranny which created an order of morals, whose sole design was that of building up priestly power.

The complete inferiority and subordination of the female sex was maintained both by civil and common law. It was a principle of common law that sons should be admitted to an inheritance before daughters.[8] This distinction created by the Church in the interests of the class which was alone admitted to the priesthood, thus placing the possession of wealth in the hands of man, did much towards keeping woman in a subordinate condition. In accordance with natural law, the person not owning property is less interested in the welfare of the State than the one possessing it, a denial of the rights of ownership acting prejudicially upon the individual.

Ecclesiastical or Canon Law[9] made its greatest encroachments at the period when Chivalry[10] was at its height; the outward show of respect and honor to woman under chivalry keeping pace in its false pretence with the destruction of her legal rights. The general conception in regard to woman was so degraded at this period that a “Community of Women” was proposed, to whom all men should act in the relation of husbands.[11] This plan was advocated by Jean de Meung, the “Poet of Chivalry,” in his famous Roman de la Rose. Christine of Pisa, a woman of learning and remarkable force of character, the first strictly literary woman of western Europe, wrote a work in defense of her sex against the general libidinous character of the age.[12] Her opposition to the debasing theories of the “Romance” marks the later period of woman’s entrance into literature, and is an era from which dates the modern intellectual development of Europe.[13] Efforts to utterly crush the moral rectitude of women through the adoption of those base ideas of phallic origin, having been the systematic course of the Church, the State and society through many hundred years, it is a most notable proof of her innate disbelief in this teaching, that woman’s first literary work of modern times was written in opposition to such a powerfully sustained theory as to her innate depravity. Christine asserted the common humanity of woman, entirely repudiating the sensual ideas of the times.

To the credit of mankind it must be recorded that the laity did not unresistingly yield to priestly power, but made many attempts to take their temporal concerns from under priestly control. But under the general paucity of education, and the abnegation of the will so sedulously inculcated by the Church as the supreme duty of the laity, its dread power brought to bear in the enforcement of its teaching by terrifying threats of excommunication and future eternal torment, the rights of even the male portion of the people were gradually lost. The control of the priesthood over all things of a temporal as well as of a spiritual nature, tended to make them a distinct body from the laity. In pursuance of its aims for universal dominion, the Church saw the necessity of assuming control of temporal affairs. Rights were divided into those pertaining to persons and things; the rights of persons belonged to the priesthood alone, but inasmuch as every man, whatever his condition, could become a priest, and no woman however learned or pious or high in station could be admitted to its ranks, the whole tendency of ecclesiastical law was to divide mankind into a holy or divine sex, and an unholy or impious one.[14] Thus Canon Law still farther separated those whose interests were the same, creating an antagonism in the minds of all men against all women, which bearing upon all business of ordinary life between men and women, fell with its greatest weight upon women. It corrupted the Common Law of England, and perverted the civil codes of other nations. Under Canon Law wives were deprived of the control of both person and property, while sisters were not allowed to inherit with brothers; property, according to old ecclesiastical language, going “to the worthiest of blood.” Blackstone acknowledges that this distinction between brothers and sisters reflects shame upon England, and was no part of the old Roman law, under which the children of a family inherited equally without distinction of sex.[15] It was as late as 1879 before the Canon Law in regard to the sole inheritance of sons was repealed in one of the Swiss Cantons. The influence of this law in creating selfishness was manifested by the opposition it met, brothers piteously asserting ruin to themselves by this act of justice to their sisters. Whenever the Canon Law is analyzed it is found destructive to the higher moral sentiments of humanity. A woman was prohibited the priesthood, and as the property of men entering orders became forfeited to the Church, the real intent of this law—that of obtaining control of property—which otherwise might have escaped the grasping hand of the church, is easily discernible. From its first theory of woman’s inferiority to its last struggle for power at the present day, the influence and action of the Patriarchate is clearly seen. The touch of the Church upon family life, inheritance and education, increased the power of the Patriarchate.

As celibacy proved a lucrative method of bringing wealth into its coffers, so marriage was early made a source of revenue to the Church, Canon Law creating it a sacrament to be performed at the church door. Owing, however, to the innate sinfulness of marriage, this sacrament was not for many years allowed to take place within the sacred building dedicated to God, and deemed too holy to permit the entrance of a woman within its sacred walls at certain periods of her life. In order to secure full control of this relation marriage unblessed by a priest was declared to be concubinage, and carried with it deprivation of church privileges, which the ignorance of the people held to be of vital importance. In entering this relation the wife was compelled to relinquish her name, her property, the control of her person, her own sacred individuality, and to promise obedience to her husband in all things. Certain hours of the day to suit the convenience of priests were set aside as canonical, after which time no marriage could be celebrated.

Nor has this priestly control of marriage been confined to the Catholics alone. Similar laws were extant after the Reformation. In England 1603, Canon 62 instituted that under penalty of suspension people could not marry except between the hours of eight and twelve in the forenoon, nor was marriage then allowed in any private place but must be performed at the church door.[16] The rapid growth of the Canon Law in England must be ascribed to avarice; the denial to wives of any right of property in the marital union being an example. At this period Canon Law began to take cognizance of crimes, establishing an equivalent in money for every species of wrong doing. The Church not only remitted penalty for crimes already committed, but sold indulgences for the commission of new ones. Its touch soon extended to all relations of life. Marriages within the seventh degree were forbidden by the Church as incestuous,[17] but to those able to pay for such indulgences a dispensation for such “incestuous” marriage was readily granted. No crime so great it could not be condoned for money. Thus through Canon Law was seen the anomaly of legal marriage between the laity pronounced concubinage, while the concubines of priests were termed “wives.” As soon as the legality of marriage was made dependent upon priestly sanction the door of gross immorality was widely opened.[18] All restrictions connected with this relation were made to fall with heaviest weight upon woman. Husbands were secured the right of separation for causes not freeing wives; even the adultery of the husband was not deemed sufficient cause unless he brought his mistress into the same house with his wife.[19] Church and State sustained each other. Conviction of the husband for a capital crime gave the wife no release from the marriage bond, yet in case of the husband’s treason, his innocent wife and children were robbed of all share in the estate of the criminal husband and father and were reduced to beggary, his estate escheating to the State. As under civil law so under ecclesiastical, the Church recognized but slight difference in the guilt of a contumacious husband and that of his pious wife and children.[20] It was a principle of the Church that the innocent must suffer for the guilty, especially when the innocent were women and children powerless to aid themselves. At its every step Canon Law injured woman. The clergy assuming to be an order of spiritual beings, claimed immunity from civil law and allowed for themselves an “arrest of judgment” ultimately enlarged so as to include all male persons who could read and write. This arrest known as “benefit of clergy” was denied to all women, who were liable to sentence of death for the first crime of simple larceny, bigamy, etc.[21] Men who by virtue of sex could become priests if able to read, were for the same crimes punished by simple branding in the hand, or a few months imprisonment, while a woman was drawn and burned alive. Did not history furnish much proof of this character it would be impossible to believe that such barbaric injustice was part of English law down to the end of the eighteenth century. Woman first rendered ineligible to the priesthood, was then punished for this ineligibility.

Blackstone recognizes as among the remarkable legal events of the kingdom, the great alteration in the laws through the separation of ecclesiastical courts from the civil. Matrimonial causes, or injuries respecting the rights of marriage are recognized by him as quite an undisturbed branch of ecclesiastical jurisdiction, from the Church having so early converted this contract into a sacramental ordinance.[22] During many centuries education was denied to woman in Christian countries for reasons connected with her ineligibility to the priesthood. The art of reading is by scholars believed to have been one of the ancient mysteries taught at Eleusis and other olden temples; learning, then, as at later periods, was in the hands of priests; therefore the fact of being able to read was synonymous with the right of entering the priesthood. This right appertained to women in many ancient nations even under the Patriarchate. Higgins shows that the word Liber from which our words liberty, freedom, are derived, is one and the same as liber, a book, and had close connection with the intellectual, literary, and priestly class. As under Christian doctrine the priesthood was denied to woman, so under the same rule learning was prohibited to her.[23] To permit woman’s education under Christianity would have been a virtual concession of her right to the priesthood. In not allowing her “benefit of clergy” the priests were but consistent with themselves and their pretensions as to the superior holiness of the male sex. That a woman should be burned alive for a crime whose only punishment for a man was a few months imprisonment, was in unison with the whole teaching of the Christian Church regarding woman. Under Canon Law many of the shields theretofore thrown about women were removed. Punishment for crimes against them lessened, while crimes committed by them were more severely punished. Rape, which in early English history was termed felony, its penalty, death, was regarded in a less heinous light under clerical rule.

Under the political constitutions of the Saxons, bishops had seats in the national council and all laws were prefaced by a formal declaration of their consent. By their influence it became a general law that a woman could never take of an inheritance with a man, unless perhaps by the particular and ancient customs of some cities or towns; while daughters at a father’s death could be left totally unprovided for. A law was enacted in the reign of Edward VI that no son should be passed over in his father’s will unless disinherited in plain terms and a just cause given. In case of daughters, sex was deemed “a just cause” for leaving them in poverty. The earlier laws of the Danish Knut, or Canute, show that the estate was then divided among all the children. Under Canon Law, the testimony of a woman was not received in a court of justice. She was depicted by the Church as the source of all evil, the mother of every ill.[24] Legislation had the apparent aim of freeing the clergy from all responsibility to the civil or moral law, and placing the weight of every sin or crime upon woman.

A council at Tivoli in the Soisonnais, A.D. 909, presided over by twelve bishops, promulgated a Canon requiring the oath of seven persons to convict a priest with having lived with a woman; if their oath failed of clearing him he was allowed to justify himself upon his sole oath. Under Canon Law a woman could not bring an accusation unless prosecuted for an injury done to herself. It is less than thirty years since this law was extant in Scotland; and as late as 1878, that through the influence of Signor Morelli, the Italian Parliament repealed the old restriction existant in that country regarding woman’s testimony. Under Canon Law a woman could not be witness in ecclesiastical or criminal suits, nor attest a will.[25] To cast doubts upon a person’s word is indicative of the most supreme contempt, importing discredit to the whole character. That a woman was not allowed to attest a will, nor become a witness in ecclesiastical suits, implied great degradation and is a very strong proof of the low esteem in which woman was held both by State and Church. That a priest could clear himself upon his own unsubstantiated oath is equally significative of the respect in which this office was held, as well as showing the degree in which all law was made to shield man and degrade woman. When we find the oath of seven women required to nullify that of one layman, we need no stronger testimony as to woman’s inequality before the law. Canonists laid down the law for all matters of a temporal nature whether civil or criminal. The buying and selling of lands; leasing, mortgaging, contracts; the descent of inheritance; the prosecution and punishment of murder; theft; detection of thieves; frauds; those and many other objects of temporal jurisdiction were provided for by Canon Law. It was intended that the clergy should come entirely under its action, governed as a distinct people from the laity. The principal efforts of the Canon Law towards which all its enactments tended, was the subordination of woman[26] and the elevation of the hierarchy. To secure these two ends the church did not hesitate at forgery. For many hundred years a collection of Decretals, or what were claimed as decrees of the early popes, carried great authority, although later investigation has proven them forgeries.[27] Civil as well as ecclesiastical laws were forged in the interest of the priesthood; a noted instance, was the once famous law of Constantine which endowed bishops with unlimited power, giving them jurisdiction in all kinds of causes. This law declared that whatever is determined by the judgment of bishops shall always be held as sacred and venerable, and that in all kinds of causes whether they are tried according to the pastoral or civil law that it is law to be forever observed by all.

The famous Seldon known as the “Light of England,” declares it to have been “a prodigious and monstrous jurisdiction” assumed by the priestly order, by means of falsehood and forgery.[28] The two classes of temporal affairs that Spiritual Courts especially endeavored to appropriate, were marriages, and wills, with everything bearing upon them. In these the greatest oppression fell upon women.[29] Canon Law gradually acquired enormous power through the control it gained over wills, the guardianship of orphans, marriage, and divorce.[30] As soon as ecclesiastical courts were divided from the temporal in England,[31] a new set of principles and maxims began to prevail. This was one of the first effects of the Conquest, but in 1272, Robert Kilmandy, Dean of Canterbury, gave directions for the restoration and observation of the ancient and neglected laws of Ecclesiastical Courts; of these the Court of Arches was one of the most ancient. It is almost impossible to fix the date of ecclesiastical rule, unless indeed we go back to the very foundation of the church. As noted, the early Saxons were largely governed by their priests. In 615, at the Paris synod, the clergy were given authority in matters theretofore under civil power, while in England we find priestly power to have been great during the fourth and fifth centuries. Bracton sets the one hundred and fifty years between the middle of the twelfth and end of the thirteenth centuries as the period when this power took its greatest strides. At this time it touched upon wills, inheritance, bequests, the legitimacy of children, the marriage relation, and all family concerns, having broken over many securities of the common law. This period covers the establishment of celibacy with the trains of evils noted in the preceding chapter, when the marriage of priests was declared invalid, their wives branded as immoral persons, and stain of illegitimacy thrown upon their children. Despite the guarantees of the Runnymede Charter, and the religious rebellion of the Eighth Henry, despite the vigor of Elizabeth who bent both priest and prelate to her fiery will, the influence of this period moved down in line with the Reformation, and to the injury of woman, successfully incorporated its worst features into the common law; the new church, social and family life all partaking of this injustice. A great number of canons were enacted after the reformation. These, together with the foreign canons which had been adopted, were held as part of the law of England.[32] The Episcopal church appropriated numerous canons extant at the time of the reformation, several of these having been created for the purpose of sustaining the church at a period when the temporal power threatened encroachment. The archdeacon of Surrey prepared a voluminous work upon this subject known as the Jurus,[33] proving that these canons, decrees, etc., when falling into disuse had been established by act of Parliament, as part of the law of England. The preface of his work declared that it had been prepared purely for the service of the clergy, and in support of the rights and privileges of the Church. Thus we have direct proof of the adoption of papal decrees as part of the government of the Protestant Episcopal church,—the Anglican—and also as part of English law.

An act of Parliament at this age was regarded as synonymous with a law of God. The Bible and the English government were upon the same plane, each to be implicitly obeyed.[34] Canon Law thus firmly established by act of Parliament, the union of Church and State complete, England lost much of that civil freedom whose origin can be traced to the wise legislation and love of freedom inhering in two British queens, Martia and Boadicea. Suffering from cruel wrong, the latter rose in revolt against the Romans. Riding among the squadrons of her army she thus addressed them: