PrepTest 26, Section 4, Question 23

In England before 1660, a husband controlled his wife's property. In the late seventeenth and eighteenth centuries, with the shift from land-based to commercial wealth, marriage began to incorporate certain features of a contract. Historians have traditionally argued that this trend represented a gain for women, one that reflects changing views about democracy and property following the English Restoration in 1660. Susan Staves contests this view; she argues that whatever gains marriage contracts may briefly have represented for women were undermined by judicial decisions about women's contractual rights.

Sifting through the tangled details of court cases, Staves demonstrates that, despite surface changes, a rhetoric of equality, and occasional decisions supporting women's financial power, definitions of men's and women's property remained inconsistent�generally to women's detriment. For example, dower lands (property inherited by wives after their husbands' deaths) could not be sold, but "curtesy" property (inherited by husbands from their wives) could be sold. Furthermore, comparatively new concepts that developed in conjunction with the marriage contract, such as jointure, pin money, and separate maintenance, were compromised by peculiar rules. For instance, if a woman spent her pin money (money paid by the husband according to the marriage contract for the wife's personal items) on possessions other than clothes she could not sell them; in effect they belonged to her husband. In addition, a wife could sue for pin money only up to a year in arrears�which rendered a suit impractical. Similarly, separate maintenance allowances (stated sums of money for the wife's support if husband and wife agreed to live apart) were complicated by the fact that if a couple tried to agree in a marriage contract on an amount, they were admitting that a supposedly indissoluble bond could be dissolved, an assumption courts could not recognize. Eighteenth-century historians underplayed these inconsistencies, calling them "little contrarieties" that would soon vanish. Staves shows, however, that as judges gained power over decisions on marriage contracts, they tended to fall back on pre-1660 assumptions about property.

Staves' work on women's property has general implications for other studies about women in eighteenth-century England. Staves revises her previous claim that separate maintenance allowances proved the weakening of patriarchy; she now finds that an oversimplification. She also challenges the contention by historians Jeanne and Lawrence Stone that in the late eighteenth century wealthy men married widows less often than before because couples began marrying for love rather than for financial reasons. Staves does not completely undermine their contention, but she does counter their assumption that widows had more money than never-married women. She points out that jointure property (a widow's lifetime use of an amount of money specified in the marriage contract) was often lost on remarriage.

In England before 1660, a husband controlled his wife's property. In the late seventeenth and eighteenth centuries, with the shift from land-based to commercial wealth, marriage began to incorporate certain features of a contract. Historians have traditionally argued that this trend represented a gain for women, one that reflects changing views about democracy and property following the English Restoration in 1660. Susan Staves contests this view; she argues that whatever gains marriage contracts may briefly have represented for women were undermined by judicial decisions about women's contractual rights.

Sifting through the tangled details of court cases, Staves demonstrates that, despite surface changes, a rhetoric of equality, and occasional decisions supporting women's financial power, definitions of men's and women's property remained inconsistent�generally to women's detriment. For example, dower lands (property inherited by wives after their husbands' deaths) could not be sold, but "curtesy" property (inherited by husbands from their wives) could be sold. Furthermore, comparatively new concepts that developed in conjunction with the marriage contract, such as jointure, pin money, and separate maintenance, were compromised by peculiar rules. For instance, if a woman spent her pin money (money paid by the husband according to the marriage contract for the wife's personal items) on possessions other than clothes she could not sell them; in effect they belonged to her husband. In addition, a wife could sue for pin money only up to a year in arrears�which rendered a suit impractical. Similarly, separate maintenance allowances (stated sums of money for the wife's support if husband and wife agreed to live apart) were complicated by the fact that if a couple tried to agree in a marriage contract on an amount, they were admitting that a supposedly indissoluble bond could be dissolved, an assumption courts could not recognize. Eighteenth-century historians underplayed these inconsistencies, calling them "little contrarieties" that would soon vanish. Staves shows, however, that as judges gained power over decisions on marriage contracts, they tended to fall back on pre-1660 assumptions about property.

Staves' work on women's property has general implications for other studies about women in eighteenth-century England. Staves revises her previous claim that separate maintenance allowances proved the weakening of patriarchy; she now finds that an oversimplification. She also challenges the contention by historians Jeanne and Lawrence Stone that in the late eighteenth century wealthy men married widows less often than before because couples began marrying for love rather than for financial reasons. Staves does not completely undermine their contention, but she does counter their assumption that widows had more money than never-married women. She points out that jointure property (a widow's lifetime use of an amount of money specified in the marriage contract) was often lost on remarriage.