Coverture
Encyclopedia
Coverture was a legal doctrine whereby, upon marriage, a woman's legal rights were subsumed by those of her husband. Coverture was enshrined in the common law
of England
and the United States
throughout most of the 19th century. The idea was described in William Blackstone
's Commentaries on the Laws of England
in the late 18th century.
Under traditional English common law an adult unmarried woman was considered to have the legal status of feme sole, while a married woman had the status of feme covert. These are English spellings of medieval Anglo-Norman
phrases (the modern standard French spellings would be femme seule "single woman" and femme couverte, literally "covered woman").
A feme sole had the right to own property and make contracts in her own name. A feme covert was not recognized as having legal rights and obligations distinct from those of her husband in most respects. Instead, through marriage a woman's existence was incorporated into that of her husband, so that she had very few recognized individual rights of her own.
As it has been pithily expressed, husband and wife were one person as far as the law was concerned, and that person was the husband. A married woman could not own property, sign legal documents or enter into a contract, obtain an education against her husband's wishes, or keep a salary for herself. If a wife was permitted to work, under the laws of coverture she was required to relinquish her wages to her husband. In certain cases, a woman did not have individual legal liability for her misdeeds, since it was legally assumed that she was acting under the orders of her husband, and generally a husband and wife were not allowed to testify either for or against each other. Judges and lawyers referred to the overall principle as "coverture".
system, which had its origins in the legal reforms of Henry II
and other medieval English kings. It also held sway in English-speaking colonies because of the influence of the English common law there. This situation persisted until the mid-to-late 19th century, when married women's property acts
started to be passed in many English-speaking legal jurisdictions, setting the stage for further reforms.
In the United States, many states passed Married Women's Property Acts to eliminate or reduce the effects of coverture. Nineteenth-century courts in the United States also enforced state privy examination
laws. A privy examination was an American legal practice in which a married woman who wished to sell her property had to be separately examined by a judge or justice of the peace outside of the presence of her husband and asked if her husband was pressuring her into signing the document. This paternalistic practice was seen as a means to protect married women's property from overbearing husbands.
As recently as 1972, two US states allowed a wife accused in criminal court to offer obeying her husband's orders as a defense in criminal court.
Early feminist historian Mary Beard
held the view that much of the severity of the doctrine of coverture was actually due to Blackstone and other late systematizers, rather than due to a genuine old common-law tradition.
, in which there were established traditional methods of displaying the coat of arms
of an unmarried woman, displaying the coat of arms of a widow, or displaying the combined coat of arms of a couple jointly, but no accepted method of displaying the coat of arms of a married woman separately as an individual.
The practice by which a woman relinquishes her name and adopts her husband's name (e.g., "Mrs. John Smith") is similarly a representation of coverture, although usually symbolic rather than legal in form.
, when the character Mr. Bumble is informed that "the law supposes that your wife acts under your direction". Mr. Bumble replies "If the law supposes that ... the law is a ass—a idiot. If that's the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience."
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
throughout most of the 19th century. The idea was described in William Blackstone
William Blackstone
Sir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke...
's Commentaries on the Laws of England
Commentaries on the Laws of England
The Commentaries on the Laws of England are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1769...
in the late 18th century.
Under traditional English common law an adult unmarried woman was considered to have the legal status of feme sole, while a married woman had the status of feme covert. These are English spellings of medieval Anglo-Norman
Anglo-Norman language
Anglo-Norman is the name traditionally given to the kind of Old Norman used in England and to some extent elsewhere in the British Isles during the Anglo-Norman period....
phrases (the modern standard French spellings would be femme seule "single woman" and femme couverte, literally "covered woman").
A feme sole had the right to own property and make contracts in her own name. A feme covert was not recognized as having legal rights and obligations distinct from those of her husband in most respects. Instead, through marriage a woman's existence was incorporated into that of her husband, so that she had very few recognized individual rights of her own.
As it has been pithily expressed, husband and wife were one person as far as the law was concerned, and that person was the husband. A married woman could not own property, sign legal documents or enter into a contract, obtain an education against her husband's wishes, or keep a salary for herself. If a wife was permitted to work, under the laws of coverture she was required to relinquish her wages to her husband. In certain cases, a woman did not have individual legal liability for her misdeeds, since it was legally assumed that she was acting under the orders of her husband, and generally a husband and wife were not allowed to testify either for or against each other. Judges and lawyers referred to the overall principle as "coverture".
History
The system of feme sole and feme covert developed in England in the High and Late Middle Ages as part of the common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
system, which had its origins in the legal reforms of Henry II
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
and other medieval English kings. It also held sway in English-speaking colonies because of the influence of the English common law there. This situation persisted until the mid-to-late 19th century, when married women's property acts
Married Women's Property Act 1870
The Married Women's Property Act 1870 was an Act of the Parliament of the United Kingdom that allowed women to legally be the rightful owners of the money they earned and to inherit property.-Background:...
started to be passed in many English-speaking legal jurisdictions, setting the stage for further reforms.
In the United States, many states passed Married Women's Property Acts to eliminate or reduce the effects of coverture. Nineteenth-century courts in the United States also enforced state privy examination
Privy examination
A privy examination, or "separate examination", was a United States legal practice in which a married woman who wished to sell her property had to be separately examined by a judge or justice of the peace outside of the presence of her husband and asked if her husband was pressuring her into...
laws. A privy examination was an American legal practice in which a married woman who wished to sell her property had to be separately examined by a judge or justice of the peace outside of the presence of her husband and asked if her husband was pressuring her into signing the document. This paternalistic practice was seen as a means to protect married women's property from overbearing husbands.
As recently as 1972, two US states allowed a wife accused in criminal court to offer obeying her husband's orders as a defense in criminal court.
Early feminist historian Mary Beard
Mary Ritter Beard
Mary Ritter Beard was an American historian and archivist, who played an important role in the women's suffrage movement and was a lifelong advocate of social justice through educational and activist roles in both the labor and woman's rights movements...
held the view that much of the severity of the doctrine of coverture was actually due to Blackstone and other late systematizers, rather than due to a genuine old common-law tradition.
Outside the legal realm
The doctrine of coverture carried over into heraldryHeraldry
Heraldry is the profession, study, or art of creating, granting, and blazoning arms and ruling on questions of rank or protocol, as exercised by an officer of arms. Heraldry comes from Anglo-Norman herald, from the Germanic compound harja-waldaz, "army commander"...
, in which there were established traditional methods of displaying the coat of arms
Coat of arms
A coat of arms is a unique heraldic design on a shield or escutcheon or on a surcoat or tabard used to cover and protect armour and to identify the wearer. Thus the term is often stated as "coat-armour", because it was anciently displayed on the front of a coat of cloth...
of an unmarried woman, displaying the coat of arms of a widow, or displaying the combined coat of arms of a couple jointly, but no accepted method of displaying the coat of arms of a married woman separately as an individual.
The practice by which a woman relinquishes her name and adopts her husband's name (e.g., "Mrs. John Smith") is similarly a representation of coverture, although usually symbolic rather than legal in form.
Blackstone text
Cultural references
The phrase "the law is an ass" originates in Charles Dickens' Oliver TwistOliver Twist
Oliver Twist; or, The Parish Boy's Progress is the second novel by English author Charles Dickens, published by Richard Bentley in 1838. The story is about an orphan Oliver Twist, who endures a miserable existence in a workhouse and then is placed with an undertaker. He escapes and travels to...
, when the character Mr. Bumble is informed that "the law supposes that your wife acts under your direction". Mr. Bumble replies "If the law supposes that ... the law is a ass—a idiot. If that's the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience."