We shall do well to bear in mind, in noting the laws relative to women, that theory is one thing and practice quite another.  Hence, although the doctrines of the Church on various matters touching the female sex were characterised by the greatest purity, we shall see that in practice they were not strictly executed.  Religion does in fact play a less considerable part in regulating the daily acts of men than theologians are inclined to believe.  If anything proves this, it is the history of that foulest stain on Christian nations—­prostitution.  We might expect that since the Roman Catholic Church insists so on chastity the level of this virtue would certainly be higher in countries which are almost exclusively Catholic, like Spain and Italy, than in Protestant lands; but no one who has ever travelled in Spain or Italy fails to recognise that the conduct of men is as lamentably low in these as in England, Germany, or the United States.

With this brief introduction I shall proceed next to explain the position of women under the canon law, a code which affected all countries of Europe equally until the Reformation; and in connection with this I shall give some idea of the attitude of the Roman Catholic Church towards women and women’s rights at the present day.

NOTES: 

[364] French customary law began to be written in the thirteenth century and was greatly affected by the Roman law.

[365] The succeeding paragraphs are a summary of the account by the learned Professor Mackeldey, who has investigated Roman law with the most minute diligence.

CHAPTER VI

THE CANON LAW AND THE ATTITUDE OF THE ROMAN CATHOLIC CHURCH

[Sidenote:  The canon law reaffirms the subjection of women.]

The canon law reaffirms woman’s subjection to man in no uncertain terms.  The wife must be submissive and obedient to her husband.[366] She must never, under penalty of excommunication, cut off her hair, because “God has given it to her as a veil and as a sign of her subjection."[367] A woman who assumed men’s garments was accursed[368]; it will be remembered that the breaking of this law was one of the charges which brought Joan of Arc to the stake.  However learned and holy, woman must never presume to teach men publicly.[369] She was not allowed to bring a criminal action except in cases of high treason or to avenge the death of near relatives.[370] Parents could dedicate a daughter to God while she was yet an infant; and this parental vow bound her to the nunnery when she was mature, whether she was willing or not.[371] Virgins or widows who had once consecrated themselves to God might not marry under pain of excommunication.[372] Parents could not prevent a daughter from taking vows, if she so wished, after she had attained the age of twelve.[373]

[Sidenote:  Woman and marriage under canon law.]