Legal Definitions - feme

feme

Historically, in legal contexts, feme was an archaic term referring generally to a woman or, more specifically, a wife. It served as a foundational term from which more specific legal statuses for women were derived.

• Example 1: In a 17th-century legal document discussing inheritance, a clause might refer to "every feme of legal age" when outlining conditions for female beneficiaries, using the term as a general descriptor for a woman.

  Explanation: This illustrates the use of feme as a broad, historical legal term for any woman, without specifying marital status, in a formal context.

• Example 2: A historical legal treatise discussing the general rights and obligations of individuals might use the phrase "the duties of a feme" to broadly encompass the legal standing of women, before delving into distinctions based on marriage.

  Explanation: Here, feme serves as a general category, referring to a woman in general before more specific legal statuses (like married or unmarried) are considered.

feme covert

Feme covert is an archaic legal term for a married woman. Under the historical doctrine of coverture, a married woman's legal identity was largely merged with that of her husband. This meant she had limited independent legal rights and capacities, as her husband was considered her legal protector and representative, effectively "covering" her legal existence.

• Example 1: Before the late 19th century, if a woman named Eleanor married, she became a feme covert. This meant she could not independently sell a piece of land she had inherited; her husband's consent and signature were legally required for the transaction to be valid.

  Explanation: This demonstrates how a feme covert lacked the independent legal capacity to manage or dispose of property without her husband's involvement, a core aspect of coverture.

• Example 2: A feme covert like Sarah, who ran a small weaving business from her home, would find that any profits she earned legally belonged to her husband, not to her directly, and he could control how those funds were used.

  Explanation: This illustrates how the legal identity of a feme covert was subsumed by her husband's, extending to her earnings and financial control.

• Example 3: If a feme covert was wronged and wished to sue someone for damages, her husband would typically have to bring the lawsuit on her behalf, as she lacked the independent legal standing to initiate legal proceedings herself.

  Explanation: This highlights the limited legal autonomy of a feme covert, requiring her husband to act as her legal representative in court.

feme sole

Feme sole is an archaic legal term with two primary meanings:

1. An unmarried woman.
2. A married woman who, in specific circumstances, was legally permitted to manage her own separate property or business affairs independently of her husband.

• Example 1 (Unmarried Woman): A single woman, or feme sole, named Mary, could independently sign a lease for a shop, purchase goods for her business, and enter into contracts without needing anyone else's permission or involvement.

  Explanation: This shows a feme sole (in the sense of an unmarried woman) possessing full legal capacity to conduct business and enter into agreements on her own behalf, unlike a feme covert.

• Example 2 (Unmarried Woman): If a feme sole like Catherine inherited a substantial sum, she had full legal control over those funds, able to invest them, spend them, or dispose of them as she wished, without any legal restrictions related to marital status.

  Explanation: This illustrates the independent property rights and financial autonomy of an unmarried feme sole.

• Example 3 (Married Woman with Separate Estate): Even after marriage, a woman might be considered a feme sole in specific circumstances. For instance, if a wealthy father set up a trust fund specifically for his married daughter, ensuring it was her "separate estate," she could manage those assets independently, despite being a feme covert in other aspects of her life.

  Explanation: This demonstrates the second meaning of feme sole, where a married woman could legally manage certain assets or affairs separately from her husband, often through specific legal arrangements like trusts or by being recognized as a "feme sole trader."