More light summer reading – By Dan Bourgeois
The last column looked at voting and other rights of those who lived in Ontario in the1800s and how it was a slow and gradual process to grant property and other rights to anyone who was not a white man who already owned property.
What did all of this mean to a woman living in this green and pleasant land in the 1800s? Most were married and living on a farm. Marriage vows were taken very seriously and marriage of a girl as early as 16 years of age was not uncommon. Nearly all of the community adhered strongly to the rules of the Christian religion and Bible which generally forbids the abuse of others (at least, in the New Testament).In addition, farming was, as now, very much a team effort. The men would attend to the crops and livestock, maintaining or raising buildings and fence lines, cutting firewood, etc. The women would carry out the “domestic” chores, cooking, cleaning, tending the children and other small animals, making clothes, keeping the vegetable garden, etc.
Even if a marriage wasn’t very affectionate, most people were practical enough to know they needed each other to keep things going. Societal customs also helped to keep life with each other in a civil fashion. However, in an abusive situation there were almost no options available for a wife and her children or for unmarried women, especially if her family was not available or able to help out.
Believe it or not, it wasn’t until 1909 that the Canadian Criminal Code was amended to criminalize the abduction of all women. Previously the law only forbid abduction of married women, unmarried women with property, or those below the age of 21- since these young women were still under the custody of the father and the abduction would be considered breach of his custody.
On the whole though, the lack of legal rights wasn’t an issue, until or if things went sour, which of course is exactly when the law should be helpful.
Life expectancy was usually between 40 and 50 years. Early death or dismemberment from accidents were not uncommon (eg- a great grand-father in law of mine lost an arm in a thresher in the late 1800s, but did live to a ripe old age). Infectious diseases nowadays controlled by vaccination or antibiotics took many lives early, and various other causes of death such as during childbirth or appendicitis were common.
If a wife made it through the child bearing years, she generally outlived her husband, partly because she was usually younger and also because women tend to live longer than men, even today. In British North America, if a husband died without a will, the concept of dower prevailed. This dates back to Medieval times in Europe, generally in which a widow was entitled to one third of the properties of the husband upon his death. This is the origin of the term dowager widow (or, if royalty, dowager queen, dutchess, etc). In Medieval England this property was secured by law at the church porch where the wedding took place.
Nevertheless, making a will was a considered a sensible idea and many early settlers made up a last will and testament, allowing for specific inheritances both to the wife and children. In the1800s, the testator often began with the statement “considering the uncertainty of life and being of sound mind and memory blessed, do make and publish my last will and testament”. Usually the widow was described as “my dearly beloved wife”. In most cases title to the land passed to the eldest son or was divided among the sons. Daughters often were bequeathed a sum of money and perhaps some articles from the household.
Here are some samples of wills from Norman McBain’s article from The Highlighter of February 20, 1985:
“In one recorded instance the widow was to receive two cows and six sheep with fodder to keep them and their calves and lambs for six months. She was to dispose of the remaining livestock as she saw fit and was admonished to remember the neighbourhood religious poor. She was also to be provided by her son, with three barrels of flour if required ne barrel of pork and as many potatoes she should require. Plenty of firewood to be “chopt” and ready for her hand, and five pounds of good tea and a sufficient quantity of maple sugar. Almost as an afterthought he declared that his widow was to receive one third of the apples from the orchard. To each of his five daughters was bequeathed fourteen pounds money, but as they were all married it was necessary for each husband to quit claim any rights to their wives’ inheritances. The year was 1849.”
“Another will of the 1850’s specifies that the widow should continue to occupy her home without “molestation or annoyance’’ during her life and should be provided with a horse for her own use at anytime. In this case the pioneer had four sons and four daughters. The sons were given acreages and they in turn were directed to each pay one sister twenty five pounds cash.”
“A registered instrument dated 1857 provided the beloved wife with one half of the family residence and furniture bed and bedding, also one fatted pig per year, potatoes: the privilege of having one cow and two sheep plus an annuity of 123 pounds 10 shillings per year during her life-time. One son was bequeathed one hundred dollars while the remaining seven children were each to receive 2 shillings 6pence. There is no explanation given as to why one bequest was made in dollars and the remainder in English currency.”
“One patriarch having reached the uncommon age of eighty years divided his rather substantial assets among his ten children and two grand-children and directed that he should be buried without any unnecessary pomp or foolish show.”
Norman closed with “One would suspect that then, as now, wives in spite of hardship tended to survive husbands and although they seldom inherited their husbands’ property, perhaps they were quite satisfied to see it pass to a son knowing that their own personal needs were provided for. They accepted the customs of the times. The bereaved wives may have felt properly rewarded for their years of toil by the provisions for their comfort and by being referred to as the dearly beloved wife, but when it was also stipulated that all benefits would stop if she ceased to be a widow, perhaps it would hurt a little. But again, that was the custom of the times.”