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How Does Social Capital Affect Women? Guilds and Communities in Early Modern Germany
SHEILAGH OGILVIE
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Figure
1: Women work alongside men as agricultural laborers
mowing with sickles. Francisci Philippi Florini, Œconomus
prudens et legalis, oder allgemeiner klug- und rechts-verständige
Haus-Vatter (Frankfurt and Leipzig, 1702), 515.
Reproduced with the kind permission of the Württembergische
Landesbibliothek, Stuttgart, Germany.
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In 1626, an independent unmarried "lass"
in the tiny Black Forest town of Wildberg left service, took independent
lodgings, and began to earn her bread by "spinning perpetually at
the wheel," attracting complaints at the community assembly.
1
In 1663, the widowed Anna Barbara Haugin in the nearby village of
Güultlingen supported her young family by cultivating crops
and selling calves, despite attempts by the community to "deny her
the village privileges."
2
In 1697, Georg Ernst's widow in Güultlingen lived from her
baking, despite being fined by the guild when she "sold a 4-pound
loaf for 2½ Kreuzer even though the legal price was
3 Kreuzer."
3
In 1734, Michel Kuch's wife in the proto-industrial village of Ebhausen
sought to maximize her profits from yarn selling by attending nocturnal
spinning bees "to cover her lighting costs," in the teeth of penalties
from the community church court.
4
In 1742, the maidservant Christina Gauß was dismissed from
her job at the Ebhausen mill when her mistress suspected her of
fornicating with her master, got temporary work as a harvest cutter
but then failed to find another job, could not go home to her father
in Rohrdorf "because he himself has nothing," was ordered out of
Ebhausen several times, but repeated dully to the community court
that "she knew of nowhere to go."
5
In 1745, a Wildberg maidservant was fined by the local weavers'
guild because she engaged in wool combing, "as though she were a
journeyman, contrary to the guild ordinance."
6
In 1764, a village woman known as "die Schmalzin" ("the lard-woman")
was "buying up grain here and there, and selling it again at a higher
price on offer to the citizens, through which commercium
she harms the bakers here," provoking a member of the Wildberg bakers'
guild to report her to the community assembly, which forbade her
to trade.
7
In 1796, the forty-five-year-old spinster Friderika Mohlin moved
into lodgings as an independent seamstress but was compelled to
"betake herself back into her father's house," by community order.
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Such womendaughters, maidservants,
wives, widows, and independent spinstersappear again and again
in local documents working independently even when they had the
opportunity to be, or actually were, members of male-headed households.
Such women worked not just at housework but, as these cases illustrate,
at commercial spinning, farming, traditional crafts, agricultural
labor, proto-industrial wool combing, petty commerce, and seamstressing.
They operated not just in the family economy but within a much more
complex framework of social institutionsthe market, the community,
the guild, the church, the statewhose relative impact on women's
well-being continues to evoke lively debate. Initially, many historians
were strongly attracted by a "pessimist" school of thought, which
regarded women's economic position as being systematically damaged
by the growth of the market.
9
Subsequent empirical findings, however, have given rise to a more
differentiated approach, which emphasizes the role of the state,
10
the church,
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the guild,
12
and the community,
13
as social institutions that imposed at least equal constraints on
preindustrial women. Still others contend that "patriarchy" is so
strong and universal that women's situation is historically invariant
with respect to the prevailing institutional structure.
14
The impact of different social and institutional arrangements on
women's economic position is thus still an open question, and one
aim of this article is to investigate whether the concept of "social
capital" can help shed new light on it.
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This is the more urgent because the
recent explosion of interest in "social capital" has caused social
scientists to seek historical examples of its benefits, directing
particularly eager attention to preindustrial European social institutions.
"Social capital" is the name given to a store of value generated
when a group of individuals invests resources in fostering a body
of relationships with each other (a "social network").
16
These relationships, it is argued, create trust by fostering shared
norms, improve contract enforcement by easing information flows,
and enhance sanctions against deviant behavior by facilitating collective
action. This is held to benefit the entire society.
17
Policymakers in organizations such as the World Bank have begun
advocating investment in social capital and social networks to solve
problems of social exclusion and regional disparities in the rich
West, economic transition in Eastern Europe, and development challenges
in the Third World.
18
From the beginning, social capital theorists have sought to mobilize
history in support of their views, portraying past societies as
having possessed more and better social capital than modern ones,
and mining them for examples of the closely knit and multi-stranded
social networks thought to generate especially rich stocks of social
capital. In particular, social scientists have focused on two historical
institutions as exemplars of social capital at work: the guild and
the local community.
19
Yet, while many social science studies mention historical examples
of social capital and social networks in passing, few subject them
to rigorous analysis, or investigate their net effect on the whole
society in which they were embedded.
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This article seeks to address the
concerns of both historians and social scientists by bringing together
gender and the theory of social capital. Social capital, it will
argue, has important implications for thinking about genderbut
gender also has important implications for thinking about social
capital. Social capital can help us think about gender because it
provides a conceptual framework for analyzing the precise characteristics
of certain institutions that, it will be argued, facilitate gender
discrimination. Patriarchal attitudes were universal in preindustrial
Europe, but they were put into effect to a widely differing extent
in different European societies. Analyzing gender discrimination
in terms of social capital, I will argue, can help us understand
why.
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Conversely, taking account of gender
can help social scientists think more clearly about social capital.
This is because gender compels us to examine the effects of any
social network not just on members of that network but on network
outsiders and the whole society. It forces us to ask whether the
economically vulnerable and socially marginal can enjoy the benefits
of social capital. As we shall see, they often cannot, and there
are systematic reasons why this is the case.
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Hard and detailed empirical evidence
is essential for dealing with such general issues as gender and
social capital. To obtain such evidence, this study selected a particular
preindustrial societyearly modern Germanyand compiled
a detailed data set on gender-specific economic activities within
a region of that societythe Württemberg Black Forestover
a period of two centuries (16001800). The data set included
statistical sources such as tax lists, parish registers, censuses,
and "soul-tables," which yielded information on women's household
headship, wealth, demographic behavior, schooling, and sources of
livelihood. But the vast mass of femalesparticularly those
who did not head households or pay taxesis invisible to such
statistical documents. So the data set also included narrative sources
such as court records, petitions, and account books, which describe
the kinds of work women did and the legal and practical constraints
on it. Narrative sources, however, cannot show what is typical or
enable systematic comparisons by gender or other social categories.
To transcend the limitations of both statistical and narrative sources,
this study adopted the exceptionally labor-intensive and time-consuming
research strategy of selecting a particularly detailed and systematic
set of sourcesthe extraordinary church-court minutes kept
by Württemberg communities from 1646 onand extracting
all references to observed work by women and men in two communities
over a period of 150 years, generating out of a qualitative source
a quantitative database containing 2,828 separate observations of
working activity, broken down according to the worker's gender and
other characteristics. Taken together, these sources provide a rich
and detailed empirical basis for analyzing the economic position
of women in a preindustrial society and the relative impact on it
of different social institutions.
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The southwest German territory of
Württemberg is well suited for exploring theories about how
women's economic position is affected by different social institutions.
By 1600, it possessed a variegated economy, with farms productive
enough to feed growing groups of land-poor and landless people,
lively textile proto-industries in the Black Forest and Swabian
Jura, and specialized retailers and merchants supplying both domestic
and export markets.
22
In all these sectors, women were active participants, not just working
with male relatives within the family economy butas we have
seenproducing independently as farmers, craft mistresses,
spinners, seamstresses, grain sellers, wool combers, and at an almost
numberless array of other livelihoods.
23
But in the seventeenth and eighteenth centuries, Württemberg
was slow in adopting many of the new forms of agriculture, manufacturing,
and commerce that were transforming the more dynamic Atlantic economies.
By 1800, its economy was stagnating relative to the Low Countries,
England, France, Switzerland, and even some parts of Germany. Denied
access to livelihoods at home, Württembergers were emigrating
en masse to America and Eastern Europe. To some extent at least,
this was due to a system of social institutions that, as this article
will show, prevented important groups of the country's inhabitantsamong
them womenfrom making a full contribution to its economy.
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A first institutional feature that
circumscribed both the development of the Württemberg economy
and the opportunities of women within it was the state, which began
in the later sixteenth century to expand taxation, warfare, bureaucracy,
and its capacity to regulate local economic and social life.
25
Württemberg was a "German territory of the second rank"the
sort in which the vast majority of early modern Germans livedand
this gave its state three key features.
26
First, German territories experienced the growth of the early modern
state in a particularly extreme form, partly because of the competition
between territorial and imperial levels of sovereignty, and partly
because of the nearly constant warfarenotably the Thirty Years'
Warto which this competition greatly contributed.
27
Second, however, second-rank German territorial states could only
expand taxation and conscription by granting privileges to local
corporative elites and institutions: rulers allied with local communities
and guilds to impose an intense regulation of individual economic,
social, and demographic behavior, which was seen as beneficial by
respectable male citizens and guild masters but which weighed particularly
heavily on females.
28
Such intensity of regulation was not observed in societiessuch
as England and the Low Countrieswhere the state was secure
enough largely to dispense with pandering to local interest groups.
29
The third characteristic of Württemberg, in which it resembled
many other German territories, was that its state did not become
strong enough to free itself from symbiotic reliance on corporative
local interest groups until well into the nineteenth century. This
gave rise to a sort of legal and institutional paralysis during
which most of the sexual and economic legislation affecting women
remained virtually unchanged, in both letter and execution, until
after 1800.
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One of the most important of the
corporative local interest groups that enjoyed state support was
the guild. In Württemberg, as in many other parts of early
modern Central and Southern Europe, guilds were not restricted to
urban crafts but governed rural workshops as well.
31
They regulated not just traditional handicrafts but export-oriented
proto-industries, primary-sector activities such as fishing and
wine growing, and a wide array of service-sector activities such
as shopkeeping and merchant trading.
32
In addition, guild-like merchant associations monopolized most sectors
of commerce and manufacturing, including the important worsted proto-industry
of the Black Forest and the linen proto-industry of the Swabian
Jura.
33
As late as 1793, one north German traveler through Württemberg
remarked disapprovingly that "the greatest share of trade and manufactures
is in the hands of closed and for the most part privileged associations."
34
Guilds regulated who could set up a workshop, who could be employed,
how much they could be paid, what techniques could be used, and
what products could be made in many sectors of the Württemberg
economy well into the nineteenth century. It was 1864 before the
Württemberg state felt secure in abolishing guilds.
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A second corporative interest group
that regulated the Württemberg economy and women's participation
in it was the local community. In Württemberg, as in many other
parts of early modern Germany, people held citizenship (Bürgerrecht)
or settlement rights (Beisitzrecht) in their community first
and foremost, and in the nation only by virtue of their community
membership.
36
The villages and tiny towns of rural Württemberg operated their
own autonomous community courts, appointed a myriad of community
officials (about one-fifth of male household heads held some communal
office), and met in regular face-to-face community assemblies. Local
studies reveal that communities exercised intense surveillance and
control over crop choice, farming techniques, agricultural and industrial
markets, citizenship, settlement, marriage, mobility, inheritance,
residential arrangements, sexuality, education, diligence, leisure,
and consumption.
37
This gave rise to a dense network of multi-stranded interactions
among community members. Communities, too, remained strong in Württemberg
well into the nineteenth century, and helped underpin many of the
regulations that affected women's economic position, particularly
the notorious political restriction of marriage permits (politische
Ehekonsens) and the persistent exclusion of females from many
economic activities.
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Early modern Württemberg was
thus characterized by a very stable, interlocking system of social
institutionsstate, guild, and local communitythat can
be observed in operation, manifesting only the most glacial change,
over a period of centuries. This equilibrium only began to break
down in the nineteenth century, after the period under analysis
in this articleand even then very slowly. Consequently, Württemberg
is not well suited to analyzing great legal and institutional transformations
such as the transition from "absolutism" to "civil society," at
least not until long after 1800.
39
It is ideally suited, however, by virtue of its particularly strong
and cohesive social networks, to assessing the impact of a very
stable and long-lived historical equilibrium in which social capital
played a major role.
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Let us start by looking at
what light a social capital approach to Württemberg's rural-urban
guilds sheds on women's positionand what light guilds' treatment
of women sheds on social capital. As already mentioned, social capital
theorists explicitly adduce preindustrial European guilds as exemplars
of social networks generating beneficial social capital. Thus Robert
Putnam holds that northern Italy's strong guilds created a social
capital of information transmission, norm enforcement, and collective
action that benefited the entire economy and society; by contrast,
lack of this strong guild framework is supposed to be what led to
governmental and economic failure in the Italian south.
40
Francis Fukuyama argues that present-day Germany manifests unusually
high levels of trust and social capital, as a result of its historical
heritage, in which guilds played an important role.
41
Likewise, economists working on present-day developing and transition
economies adduce the preindustrial European guild as an example
of a social network generating a beneficial social capital for society
at large.
42
In a recent speech, for instance, the chief economist of the World
Bank listed "guilds" among those institutions that, by generating
social capital, could "support entrepreneurial efforts" in East
European transition economies.
43
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Early modern German guilds certainly
manifested the two features that social capital theorists have identified
as helping social networks generate social capital"closure"
and "multiplex relationships." "Closure" means that network membership
is clearly and finitely defined, increasing the density of interactions
between members and thereby intensifying the quality and reliability
of the information sharing and third-party monitoring needed to
enforce cooperation.
44
Guilds in Württemberg, as in most of preindustrial Europe,
clearly defined membership through limiting admission to apprenticeship,
journeymanship, and mastership, and monitoring who was allowed to
participate in activities reserved for guild members.
45
As we shall see, "closure" did help guilds generate social capital
that benefited their members, but it also helped them generate social
capital that harmed outsiderssuch as womenwith damaging
repercussions on the entire economy and society.
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Guilds were also characterized by
"multiplex relationships," the other key feature theorists view
as helping to create social capital. Interacting in multiple sphereseconomic,
religious, social, politicalensures that members of a social
network have multiple means of getting information about, punishing
deviance in, and urging collective action on one another.
46
Guilds in Württemberg, as in other parts of early modern Europe,
were indeed characterized by such multi-stranded internal ties.
Members of the worsted weavers' guild in the Württemberg district
of Wildberg, for instance, transacted in the same markets, socialized
over wine at their regular tavern, held frequent face-to-face assemblies
of the entire membership, collaborated on petitions to the government,
marched to Stuttgart to hold political demonstrations, and attended
each other's weddings and funerals.
47
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Figure
2: Master baker and wife do core guild tasks while
unmarried female carries burdens. Florini, Œconomus
prudens et legalis, 1191. Reproduced with the
kind permission of the Württembergische Landesbibliothek,
Stuttgart.
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Early modern German guilds therefore
possessed the closure and multiplex relationships generally regarded
as helping networks create social capital. But how did this social
capital affect women, and what does it tell us about the broader
impact of social capital on vulnerable groups and society as a whole?
Guilds directly influenced the economic position of women in four
main ways. First, they controlled vocational training. Second, they
defined which households could engage in certain occupations and
which household members could do certain tasks. Third, guilds regulated
the transmission of professional licenses from male masters to their
widows. Finally, guilds influenced the wages paid within the economic
sectors they controlled.
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Throughout Europe, guilds were central
to vocational training, and in Württemberg they monopolized
it: non-guild apprenticeships were not permitted.
48
Wholly female guilds were extremely rare in Europe (only five are
recorded for German-speaking Central Europe and none for England);
they were found only in large cities (four of the German ones were
in Cologne); and they were restricted to certain sectors (especially
seamstressing, gold working, and silk making).
49
In the majority of guilds, female apprentices and hence female masters
(other than masters' widows) were an extremely unusual phenomenon:
they are observed in a handful of medieval European societies, and
in England, Scotland, and France in the eighteenth and nineteenth
centuries. Even in these exceptionally liberal guilds, females generally
formed a tiny minority.
50
In most parts of Europe, including Württemberg, girls could
not be apprentices even to this limited extent. As the Jena jurist
Adrian Beier put it in 1685, "Masculine sex is one of the indispensable
basic preconditions for admission to a guild. The entire social
order ... is based upon each sex taking on those tasks which are
most fitting to its nature."
51
Or, as Johann Friderich Christoph Weisser wrote in his 1783 treatise
on Württemberg industrial legislation, "Anyone who wants to
learn a craft has to possess particular qualities, which are necessary
because without them no one can be accepted as an apprentice and
registered with a guild. Among these qualities is ... masculine
sex, since no female may properly practice a craft, even if she
understands it just as well as a male person."
52
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Local documentary sources show that
these regulations were sedulously enforced. Guilds in Württemberg
penalized anyone who sought to learn or practice a craft or proto-industry
without being formally apprenticed to it, and carefully registered
all incoming and outgoing apprentices by name. Of the 1,258 apprentices
admitted by the proto-industrial worsted weavers' guild in the ten
communities of the district of Wildberg between 1598 and 1760, none
was female.
53
The same was true of other rural-urban guilds whose records survive,
such as woollen broadcloth weavers, butchers, and bakers.
54
Of the fifty pauper apprenticeships arranged by the church courts
of Ebhausen and Wildberg between 1646 and 1800, none was for a girl.
55
Guilds thus effectively excluded girls from the main form of formal
vocational training in the Württemberg economy.
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It might be argued, as some economic
historians have recently sought to do, that guilds' exclusion of
females simply reflected the natural order. It was natural and understandable
that guilds should exclude females: "women were mostly restricted
to activities learned informally at home" and hence had no demand
for guild training.
56
This echoes arguments used by guild masters at the time, concerned
to defend their privileges against female competition.
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Empirical findings cast doubt on
such arguments. First, in Württemberg as in many other Western
European societies, women married in their late twenties, 1520
percent of them never married at all, and at any one time more than
half of all females of prime working age were not married. These
demographic realities gave women a strong incentive to learn vocational
skills.
58
Second, the wives and widows of masters were permitted to do guilded
work, under a husband's guild license. Thus between 1641 and 1760,
1114 percent of active worsted weavers in the ten communities
of the district of Wildberg were masters' widows, practicing under
their husbands' guild licenses. In the database described earlier,
consisting of 2,828 cases of observed work extracted from church-court
records, 6 percent of the observed work of married women and 8 percent
of the observed work of widows was in guilded activities.
59
Such women, too, had a demand for vocational training.
60
Finally, as we shall see, unmarried females were regarded as dangerous
competitors by male journeymen and masters, and were persecuted
when they encroached on tasks (such as wool combing or cloth weaving)
reserved for male guild members. That is, women were not mostly
restricted to domestic activities but had the desire and ability
to work in guilded sectors.
61
By excluding girls from apprenticeship, therefore, guilds were not
simply reflecting the natural order but were deliberately enforcing
what modern economists term "pre-market" gender discrimination in
the labor market.
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A second way guilds affected women's
position was by defining and enforcing occupational demarcations.
No one could legitimately work at a particular guilded activity
without being a member of a master's household, and even within
masters' households guilds reserved certain tasks for males. It
might be thought that this was natural and reasonable, since all
production took place within the household, and women could work
under the guild licenses of their husbands, fathers, or masters.
But the evidence shows that not all production took place within
households, and not all women desirous of doing craft work enjoyed
kinship ties to men with the appropriate guild licenses. These guild
rules prevented women of all marital statuses from making a full
contribution to the economy.
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Thus, for instance, guild privileges
prevented a married woman from practicing a different occupation
from her husband, as in 1711, when the Bottwar shopkeepers' guild
demanded that a village widow's shop be closed and her wares confiscated
because she had married a dyer,
63
or in 1742, when an Effringen soldier's wife was jailed after a
nailsmith reported her to the community assembly for encroaching
on his guild privileges.
64
This might not seem to matter, until we recognize that many women
were married to men who were economically incapable or abusive.
65
A database of 313 marital conflict cases in two Württemberg
communities between 1646 and 1800 reveals that one-quarter involved
economic failings on the part of the husband, one-quarter involved
regular drunkenness by the husband, nearly half involved physical
abuse by the husband, and more than one-tenth involved the husband
depriving the wife of food.
66
Guild demarcations meant that an abused or deprived wife could not
conduct a craft, proto-industry, or small shop of her own, but rather
was forced, like one Wildberg weaver's battered wife in 1661, to
"earn her food bitterly with spinning."
67
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Figure
3: Married woman engages in guilded basketmaking alongside
husband while unmarried female does housework. Florini,
Œconomus prudens et legalis, 528. Reproduced
with the kind permission of the Württembergische
Landesbibliothek, Stuttgart.
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Guild demarcations also prevented
widows from moving into occupations that better suited their capacities
after their husbands died. Widows who did so were reported by guild
members and punished by the guild, as in 1636, when a woollen weaver's
widow was fined more than a week's average earnings by the worsted
weavers' guild because "she took it upon herself to practice the
craft, even though her deceased husband had never been apprenticed
to worsted-making,"
68
or in 1764, when a village widow was punished for violating the
bakers' guild privileges by trading in grain.
69
Catharina Fuchs, a poor day laborer's widow, was only granted a
princely dispensation to open a tiny shop in 1652 on the grounds
that she and her crippled son "will be able to sell nothing other
than the ribbons they themselves make, matches, and such poor things,
so [the shopkeepers' guild] will suffer no injury or encroachment."
70
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But guild demarcations weighed most
heavily on never-married women, who made up 40 percent of all females
of prime working age (fifteen to sixty-four years), but were only
allowed to do guilded work under the guild licenses of fathers or
masters, and even then were excluded from many tasks. The proto-industrial
worsted weavers, for instance, outlawed the numerous unmarried female
weft-makers in 1611, ordering that "such daughters be kept to other
and necessary domestic tasks and business, or caused to enter into
honorable service."
71
From then onward, the guild fined any master who employed an unmarried
woman to do anything other than spin or run errands, as in 1669,
when Hannß Schrotter was fined three weeks' average earnings
for "setting his servant girl behind the loom and having her weave"a
strong deterrent to others thinking of letting unmarried women do
prohibited guild work.
72
Unmarried women who wished to weave cloth, make wefts, or comb wool
were forced into the black market, where they risked heavy fines,
as in 1754, when Juliana Schweickertin, a fifty-year-old independent
unmarried woman, was fined nearly a third of a maidservant's annual
wage for "weaving and combing, counter to the guild ordinance."
73
Even without perfect enforcement, the level of fines imposed cannot
but have deterred the marginal black-market worker. This is borne
out by the church-court database of 2,828 cases of observed work
that has already been mentioned: it records many other illegal work
activities but only three cases of black-market guilded work by
unmarried females.
74
This contrasts with the situation in more dynamic early modern economies,
where by the eighteenth century many guilds had either already largely
given up the struggle to exclude female workers (as in England and
the Low Countries) or were in the process of doing so (as in Scotland
or France).
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Guilds' use of their social capital
of shared norms, information, and collective sanctions to enforce
their monopoly undoubtedly benefited guild masters. But it forced
many women into marginal activities such as spinning, begging, and
the exploitive black-market "informal sector." Thus in a 1736 "soul-table"
for ten Württemberg communities, 86 percent of never-married
females depended wholly or partly on spinning for a livelihood,
and 18 percent wholly or partly on charity. Even widows depended
60 percent on spinning and 12 percent on charity. The equivalent
figures for men were 1 percent dependent on spinning, 2 percent
on charity.
76
Furthermore, by excluding women from guilded sectors, guilds
increased the supply of female workers in unguilded sectors,
thereby lowering their wagesa form of "pre-market" labor discrimination
that economists term "occupational crowding."
77
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Guilds also affected women in a third
way, by regulating widows' rights to continue family workshops.
Some, such as the guild-like merchant-dyers' association that enjoyed
a legal monopoly over dyeing and exporting Württemberg worsteds,
simply prohibited any widow from continuing to trade after her husband's
death.
78
But most guild members wanted to make some provision for their own
widows in the future, without permitting too much competition against
themselves now. So most guilds allowed a master's widow to continue
the workshop but imposed restrictions that limited her viability
as a competitor.
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Their main strategy was to make it
hard for widows to replace lost spousal labor. Thus guilds cancelled
widows' (but not widowers') guild licenses if they remarried,
79
as in 1711, when the Stammheim shopkeepers' guild demanded that
a widow close her small shop when she remarried, "in order to maintain
us by our just rights."
80
Guilds forbade the use of daughters for many guilded tasks, yet
demographic realities meant that half of all widows lacked resident
sons of any age.
81
This left widows dependent on hired labor, but here guild rules
were strict. Even for male masters, guilds prohibited hiring cheap
female labor and limited the number of (relatively costly) apprentices
and journeymen each master could employ. For widows, guild rules
were much stricter and increased their costs above those of male
guild members.
82
The cheapest guilded labor was an apprentice, but nearly all guilds
prohibited widows from employing one. Many deprived a widow even
of existing apprentices, transferring them immediately to other
(male) employers. Others let a widow keep existing apprentices,
but imposed conditions: the apprentice must be the widow's own son,
or nearly finished with his contract, or supervised by a (costly)
journeyman. Many guilds only let widows practice at all if they
employed journeymen, who were so expensive that few masters of either
sex could afford them, especially in rural areas.
83
Others limited the kinds of work widows could do, even with journeymen,
as in 1598, when Michel Zeller's widow was heavily fined for employing
a journeyman to comb wool in her atticalthough no guild article
forbade this.
84
Quantitative analysis of local censuses, account books, and guild
registers show that these regulations were strictly implemented:
guilds carefully regulated how often a master could take on an apprentice,
the number and background of boys admitted to apprenticeship (and
thus ultimately journeymanship), the length of journeymanship, and
the hiring of non-guild (especially female) labor.
85
As a result, no widows kept apprentices, few kept journeymen, and
many were forced to give up the workshop altogether, faced with
the discriminatory costs the guilds imposed on them.
86
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Guilds also discriminated against
widows in other ways. Many made a widow's license to practice conditional
on her behaving "honorably," a catchall discretionary clause blatantly
open to abuse by local guild officials and male masters concerned
to limit competition, here as elsewhere in preindustrial Europe.
87
No guild permitted widows any say in the collective decisionmaking
of the guild, the election of guild officers, or the formulation
of guild regulations.
88
And Württemberg guilds were not even the most restrictive:
in many other European societies, guilds altogether denied a widow
the right to continue the workshop, restricted her to indoor work
only, limited the time period for which she could practice after
her husband's death, made it conditional on her having a son to
take over, limited the size of her workshop, permitted her to make
only certain products, or assigned her a lower rate of pay than
male masters.
89
Guilds thus used their social capital of common norms, shared information,
and collective action to protect their male members from competition
even by fellow members' widows.
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A fourth and final way in which guilds
affected women was by legally capping their earnings in the few
tasks they were allowed to do. The tailors' guilds, for example,
permitted women to work as seamstresses but restricted them to certain
tasks,
90
and artificially capped the day-wage of an experienced seamstress
at a level lower than that of an apprentice lad, less than half
that of a journeyman, and less than a third that of a master.
91
Likewise, the weavers' guilds permitted unmarried women to spin
but imposed piece-rate ceilings lower than the market rate, as in
1654, when they secured a charter stating that "spinning a pound
[of yarn] shall be paid at as high a wage as the [weavers'] guild
agrees among its members, the dyers as well as the worsted weavers
shall support this in all ways, and each master shall then infallibly
stick to the agreed wage."
92
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Local court records show that guild
members who offered higher rates to spinners suffered formal and
informal sanctions, as in 1623, when Hans Pfeiffer was suspected
of having paid "Röbelin's wife" 10 Kreuzer above the
guild rate ceiling: he immediately found his fellow guild masters
"spreading rumors about him," interrogating the spinner, and "seeking
to bring him to punishment before the guild"; ultimately, Pfeiffer
went to court "to rescue his honor."
93
Guilds actively enforced the piece-rate ceilings, fining individual
weavers who dishonorably betrayed their fellow guild masters by
paying spinners "too much," and confiscating raw wool and spun yarn
from village spinners working for "outsiders" willing to pay them
a market rate.
94
Undoubtedly, some spinners earned a little more by black-market
work, but the regulations still harmed them: evading rules cost
time, penalties were substantial, and breaking the law laid spinners
open to confiscation, exploitation, and blackmail. There were also
wider effects: the piece-rate ceilings created disincentives for
spinners to produce the finer wool and adopt the technological innovations
required to increase yarnand hence clothquality.
95
By using their social capital to create a shared norm that paying
spinners a market wage was "dishonorable," to publicize information
about violations of this norm, and to ensure that violators were
punished, guilds harmed not just the female spinners but the wider
economy. One must surely ask whether the cost of this social capital,
which was disproportionately paid by women, did not outweigh any
benefits enjoyed by guild members.
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It might be argued that guilds did
not matter, since the women they excluded simply worked illegally
in the black market or "informal sector." This argument has recently
been adduced by economic historians concerned to rehabilitate guilds
from criticisms that they inflicted harm on non-members whom they
prevented from earning a living.
96
But, as studies of the "informal sector" in modern poor economies
show, forcing people to work on the black market instead of in open
and regulated formal markets not only reduces contract enforcement
and worker protection (thereby harming the weakest economic agents)
but also increases costs and risks and distorts incentives (thereby
inflicting deadweight losses on the whole economy). Formal-sector
social networks such as guilds, by using their social capital to
force non-members into the "informal sector," harm not just the
outsiders who are prevented from earning a legal living but also
the economy as a whole.
97
Those early modern European societies that ceased to force women
(and other excluded groups) into the informal sector were also,
and not coincidentally, those whose economies flourished.
98
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It might not seem surprising that
the social capital generated by guilds was used in ways that harmed
women. Most historians of women's work have in recent years come
to a clear-sighted recognition that there was no "pre-capitalist"
golden age within the guild framework, although economic historians
are taking much longer to face up to the same empirical findings.
99
But the effect of community institutions on women has hitherto
hardly been examined, and there is still a very widespread tendency
to accept communitarian rhetoric at face value.
100
Only gradually are historians bringing into the light of day what
communities actually did to women and incorporating these findings
into our understanding of what "community" means in practice.
101
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The acceptance of communitarian rhetoric
at face value is exemplified in much of the social capital literature,
which explicitly adduces preindustrial European communities as exemplars
of social networks generating a social capital that benefited the
entire society.
102
Thus Robert Putnam has argued that the strong urban communities
of medieval and early modern northern Italy facilitated social capital
in ways denied to southern Italy, where communities were weaker.
103
James Coleman and many others have argued that closely knit village
communities such as those of preindustrial Switzerland generated
social capital that improved the efficiency of resource management
and contract enforcement, thereby benefiting the entire society.
104
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Certainly, it seems justified to
view preindustrial communities as examples of social capital in
action. For one thing, they satisfy in full measure social capital
theorists' two criteria of "closure" and "multiplex relationships."
105
Thus in Württemberg, as in Switzerland and other societies
characterized by strong communities, villages and small towns achieved
"closure" by regulating citizenship, settlement, migration, marriage,
and household formation.
106
Until well into the nineteenth century, many German communities
regulated precisely which inhabitants could become full community
members, by deliberately granting marriage permits only to "economically
and morally strong persons," thereby ensuring "closure" for themselves
as social networks.
107
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Preindustrial communities also manifested
a high density of "multiplex relationships." Members of Württemberg
communities transacted with one another in the marketplace, attended
the same church (non-Lutherans were generally denied citizenship,
and church attendance was closely monitored), and met regularly
in face-to-face community assemblies where each citizen was asked
if he had anything to report.
108
These multi-stranded relationships among community members allowed
"the resources of one relationship to be appropriated for use in
others," making it more possible to generate a social capital of
common norms, shared information, and collective sanctions.
109
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But how did this social capital actually
work? In particular, pursuing our theme, how did it affect the position
of weaker economic agents such as females? The local community was
so central to Württemberg society that it influenced the position
of women in a wide variety of ways. Here I single out six for special
attention. First, communities decided whether an individual could
live locally at all. Second, they administered the system of gender
tutelage governing who was regarded as a legal adult. Third, they
regulated the sale, exchange, and inheritance of land. Fourth, they
regulated the wages that could be paid in labor markets. Fifth,
they controlled access to common resources. And finally, they regulated
consumption.
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The first thing to understand is
that communities did not recognize females as full members.
110
The son of an existing community citizen automatically inherited
full citizenship rights, including the right to bring in a wife
from outside. But a citizen's daughter was only endowed with right
of residence until she married. She could not endow her husband
with citizenship, and if she failed to marry (as 1520 percent
of Württemberg women did), even her residence was conditional
on good behavior.
111
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It might be argued that such regulations
were both necessary and naturalnecessary because otherwise
communities could not achieve the "closure" required to generate
social capital, and natural because females enjoyed community membership
by being the daughters or wives of citizens. But the empirical findings
show otherwise. Local women whose husbands lacked community citizenship
were hindered from making a living, as in 1793, when inhabitants
of Gültlingen were ordered to deny further shelter to a non-citizen's
wife who was "roaming around under the pretext of collecting rags,
equipped with a slip of paper from [the paper-miller], but without
any official permit."
112
Community councils routinely ordered citizens' unmarried daughters
to leave the community, for allegedly causing conflict, being idle,
arousing neighbors' complaints, or threatening imprudent marriages,
as in 1767, when a Wildberg widow's daughter was "warned in the
highest terms against her intended marriage with the night watchman
and instructed that instead of hurling herself into misfortune she
shall immediately betake herself into service elsewhere."
113
Communities ejected maidservants who allegedly caused conflict in
households, created sexual temptations for local men, were reported
as promiscuous, absconded from abusive masters, tried to set up
in business independently, or even simply brought poor reputations
from other communities, as in 1718, when Josua Reulin's Catholic
maidservant was thrown out of Pfrondorf on the grounds that she
had already been "ordered away by other localities in the neighborhood."
114
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Above all, unmarried women living
in lodgings independently rather than as members of households were
pejoratively labeled Eigenbrötlerinnen ("own-breaders")
and continually harassed by community councils, even though they
made up nearly 10 percent of the female population and headed 6
percent of those units regarded as responsible for earning their
own livelihoods.
115
A complaint by a male citizen was usually enough to ensure that
an Eigenbrötlerin was ejected, as in 1717, when the
Ebhausen council responded to citizen complaints by ordering three
local Eigenbrötlerinnen to "move away within eight days,"
116
in 1752, when Barbara Kleiner was reported by her Wildberg landlord
and promptly ordered "to refrain from Eigenbrötlen,
and instead enter into a proper job as a servant, otherwise she
shall be driven out of town by order of the authorities,"
117
or in 1787, when a Pfrondorf weaver was ordered "not to anger the
community by giving any further shelter" to the independent spinster
Magdalena Braun.
118
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These attitudes toward independent
females can be observed in most parts of preindustrial Europe.
119
But they were effectively enforced in some societiesnotably
in German-speaking Central Europeand much less thoroughly
in others.
120
What made the difference was the availability of institutional mechanisms
to put them into actionor, to put it in the terms of modern
social scientists, the existence of social networks able to generate
and sustain a social capital of shared norms about such women, efficient
information transfer about their activities, and collective sanctions
against them. Substantial male citizens naturally welcomed the existence
of community social capital that enabled them to eject any female
who threatened their interests. But many women's revealed preferences
suggest that it was not best for the women themselves. Nor is it
clear that it was most productive for the economy at large.
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Communities affected women's position
in a second way by subjecting those females who were permitted
to dwell in the community to a system of gender tutelage (Geschlechtsvormundschaft)
under which they were not legal adults. Gender tutelage was imposed
on Württemberg women in the 1555 national law code, but local
court records suggest that it was widely ignored until around 1600,
when community councils began to enforce it.
121
From then on, women were increasingly denied access to justice and
contract enforcement unless accompanied by male guardiansan
unmarried woman had to be supported by her Pfleger, a wife
or widow by her Kriegsvogt.
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Some have portrayed gender tutelage
as a beneficent arrangement that protected women from exploitation
by their husbands.
122
However, careful examination of local-level documentary sources
tells a rather different tale. Pfleger and Kriegsvögte
were appointed by community councils, were often themselves council
members, andin Württemberg as in other parts of Europewere
used by communities to exercise surveillance and control over women,
particularly spinsters or widows.
123
Community councils imposed guardians on women accused of conflictual
or sexually suspicious behavior, forbade women to litigate without
guardians, permitted male transaction partners to refuse to deal
with women without guardians present, compelled women to involve
guardians in economic transactions, and pressed women to submit
to unwelcome economic decisions taken by guardians, as in 1621,
when a deserted wife in Oberjettingen was pressed by her Kriegsvogt
to sell her property against her will.
124
There even appears to have been an expectation that a widow obtain
the consent of her guardians before remarrying, as in 1674, when
an Altbulach widow became betrothed to a man on condition that "he
become a community citizen and her Kriegsvogt give his agreement."
125
Unmarried women found it hard to rid themselves of careless or abusive
guardians. Thus in 1784, the Wildberg council only permitted the
forty-eight-year-old Maria Barbara Wildeisin to wrest her small
inheritance from two negligent, community-appointed guardians because
she was "known to be mature enough to do this at her present age
and to be of an economical way of life," and because another male
citizen had "offered to supervise her, as guardian."
126
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In Württemberg, as in other
parts of Europe, gender tutelage enabled communities to prevent
women from making decisions of which they disapproved. But men,
though equally likely to threaten communal welfare, were subjected
to no such tutelage. Furthermore, gender tutelage laid a woman open
to abuse by negligent or fraudulent guardians, and prevented her
from making decisions of which her guardian disapproved, even whenas
with remarrying or disposing of her propertyshe saw it as
her best choice.
127
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A third way in which communities
affected women was through the discretion community councils enjoyed
in regulating local property markets.
128
Court records show that Württemberg community councils frequently
used this discretion to transfer property from the hands of widows
(whom they regarded as unreliable) into those of adult males. Thus
in 1592, Georg Lodholz's widow in Ebhausen complained that her married
son had simply taken possession of one of her fields, but her son
prevailed on a large number of village council members to testify
in his favor, and she lost the field.
129
In 1624, Jauß Roller's widow in Liebelsberg complained that
her offspring had "got together behind her back and sold [her] meadow
to the village bailiff, without her knowledge and against her will";
challenged, the bailiff admitted that "yes, he had bought it and
paid for it, whereupon she asked why she hadn't been informed, to
which he responded, what harm would it do if such an old animal
[as she] should die of hunger?"
130
In 1664, the widowed Anna Stenglin in Liebelsberg complained that
her sons-in-law had sold off her property against her will, and
that the village council had ratified the sale in the teeth of her
written objections because "all the members of the community council
who were at the ratification were close kin of the purchaser and
therefore looked to his utility."
131
Community councils preferred to transfer land to married men, whom
they explicitly regarded as more important citizens than widows:
as the bailiff put it, who would care if such old animals should
die of hunger?
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Communities acted similarly with
industrial enterprises. In 1668, for instance, the Wildberg community
council dispossessed the widowed miller Ursula Haaf in favor of
her son-in-law Hannß Jacob Bueb on the grounds that Ursula
was "nearly 80 years old" (in fact she was sixty-seven) and owed
tax arrears. But other local documents reveal not only that the
community council exaggerated Ursula's age to justify its action
but that all local mills were facing economic difficulties, and
dispossessing the widow did not solve the underlying problem. Quite
the opposite: over the next three years, Hannß Jacob battered
and starved his mother-in-law and children, abused the servants
until they quit their jobs, operated the mill without diligence
or expertise, defrauded the customers, failed to pay rents or taxes,
and ultimately bankrupted the whole enterprise. As one customer
trenchantly remarked, "Bueb simply doesn't understand a thing about
milling, and nevertheless wants to be a miller." This case illustrates
the basic flaw in community decisionmaking: what was needed to manage
this complex craft was not male gender, physical strength, or youth
but the ability to retain employees, satisfy customers, husband
resources, and "understand ... about milling." These were all qualities
a female might possess in greater abundance than a male, as shown
by the many local mills operated for long periods by widows: in
1736, for instance, no fewer than 20 percent of all mills in the
Württemberg district of Wildberg were being operated by widows.
132
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The preference of community councils
for transferring property from females to males, therefore, did
not necessarily benefit either the individual agricultural or industrial
enterprise or the wider economy. But it did benefit male citizens,
who gained preferential access to basic economic inputs.
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Communities affected the position
of some of their most vulnerable female inhabitants in a fourth
way, by regulating markets in another basic economic input, labor.
Wage ceilings for servants and laborers were legislated in state
ordinances but specified and enforced by community councilsthat
is, by social networks of male employers.
133
The explicit purpose was to ensure that "no one shall entice or
improperly tempt away another person's servant, whether male or
female, either in the towns or in the countryside, nor pay a higher
wage than set down in this wage ordinance, on pain of jailing or
a money fine."
134
It is sometimes argued that wage ordinances were widely evaded.
But a 1631 list of actual servants' wages in the district of Wildberg
shows absolute wage levels and female-male wage ratios consistent
with those laid down in the 1642 wage ordinance.
135
The social capital of dense and multi-stranded relationships that
characterized Württemberg communities helped ensure that employers
who deviated from the low-wage norm were penalized. Thus, for instance,
in 1619, informal rumors within the community ultimately gave rise
to a case before the community court in which Hans Drescher demanded
that Burckhard Schlaiffer's wife be punished because she "enticed
away a servant whom Drescher had had at his place for several years."
136
In the current state of research, we cannot say whether Württemberg
communities capped female wages more strictly than male, but suggestive
evidence is provided by the fact that the female-male wage ratio
in these Württemberg communities lay around 0.30.4, considerably
lower than the 0.60.7 common at the same period in England,
where communities lacked cohesion, making it harder for male employers
to collude.
137
We cannot exclude the possibility that, as other studies have found,
females who violated the official wage ceilings were reported and
punished more frequently than males.
138
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Württemberg communities also
helped enforce the legal piece-rate ceilings the male weavers' guilds
imposed on female spinners. In the 1670s, for instance, Wildberg
community officials assisted guild officers in confiscating yarn
from village spinners working at higher than legal rates.
139
As late as 1799, when the representative of a newly established
cotton manufactory sought to recruit spinners in Wildberg at an
attractive wage, the community council was only willing to let him
hire paupers, on the grounds that "the persons here capable of [such
work] can earn their livings from wool-spinning, which cannot be
diminished without disadvantaging the worsted weavers' guild."
140
Informal rumor mechanisms within the community were backed up by
formal penalties imposed by the community court on those who behaved
"dishonorably" by paying their spinners "too much."
141
The social capital of dense and multi-stranded relationships that
characterized Württemberg communities created formal and informal
enforcement mechanisms deterring individual employers from deviating
from the norm that one did not pay one's employees above the guild
or community wage ceiling.
142
Community institutions sustained norms, conveyed information, and
took collective action that benefited its members, who were mainly
male employers, at the expense of non-members such as servants,
laborers, and spinners, among whom women and the poor were disproportionately
represented.
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A fifth way in which communities
affected women was by regulating access to common resources such
as pastures, woods, and waters, which were central to agricultural
production in early modern Württemberg.
143
Women could not hold community office, sit on community councils,
or speak at community assemblies.
144
Unsurprisingly, such community institutions allocated common resources
in ways that discriminated against females as a visible minority.
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Unmarried women had no right to the
commons, and even widows suffered discrimination by community councils.
During the 1660s, for instance, Anna Barbara Haugin sought to continue
operating the family farm in Gültlingen on the same basis as
her deceased husband, who as a pastor had enjoyed freedom from corvée.
Although this freedom was confirmed by a series of court decisions,
the village council "forbade her meadow and water, excluded her
from village pastures and the tithe, and also deprived her of two
[common-land] cabbage fields."
145
Ignoring a legal decision that ordered the community to "let her
prosper and enjoy the conveniences and everything that the citizens
are given to enjoy in common, equally with any other inhabitant,"
the village council targeted her in its regulation of agricultural
output markets by failing to inform her of relevant legislation,
146
manipulated community assemblies to deprive her of access to commons,
147
and continued to deny her "the village privileges."
148
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Other widows also had to struggle
for their share of common resources against male citizens who calculated
that females' visible differences (and lack of voice in communal
institutions) meant their entitlements could be challenged. In 1708,
for instance, a Pfrondorf widow complained that "she was being denied
her share of wild fruit on the pastures outside the village" through
physical violence by several male citizens.
149
In 1787, a young male citizen complained at the Wildberg community
assembly that "there are citizens and widows here who are permitted
to be free from the citizens' tax on account of their poverty ...
and nevertheless they enjoy citizens' commons; as an example he
instances Gottfried Niemann's widow who has already been in service
for a long time in Sulz and probably does not pay citizen's tax."
He then revealed his own personal interest: "he believes that the
younger [male] citizens, who have all the burdens of citizens upon
them and do not yet enjoy any common lands, would have a better
right to the common lands than these persons."
150
Although state officials initially defended the widows' rights,
by 1793 the community assemblyat which women had no voicedecided
that a widow (but not a widower) who remarried should lose any commons
plot.
151
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The village elite of landowning males
used their dominance of community institutions to obstruct any threat
to their own privileged positionwhether adopting agricultural
innovations or opening access to females and outsiders.
152
Until long after 1800, Württemberg's agricultural sector was
thoroughly regulated by a social network that sought above all things
to maintain the status quo, excluded females from decisionmaking,
and discriminated against them in its decisions. This limited agricultural
growth as well as women's ability to contribute to it.
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Communities affected women in a sixth
way, by using communal social capital to regulate consumption behavior.
Sumptuary legislation was promulgated by the state but interpreted
and enforced mainly by local communities.
153
Communities appointed "censors" to monitor "the excessive sartorial
display that has got out of hand," and penalized individualsmost
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