English essays -- 20th century; English fiction -- 20th century; Short stories, English
“In this delay there is nothing peculiar or unjust. The Law, for rich or
poor, artisan or peer, is, as you know, identical. The Courts make no
distinction in favour of the wealthy over a man earning his seventy-odd
pounds a year, with five pounds in the Savings Bank--a decree for
millionaire, or clerk, or working man, costs just about the same.
“To this rule, however, there is one exception; it is of course in
favour of the poor. One who can prove that he is not worth the sum of
five-and-twenty pounds is entitled to the name of pauper, and can sue
for divorce _in formâ pauperis_. This does not indeed apply to working
men or clerks in work; but you, who, knocked out of time by the conduct
of your wife, had lost your work, and were sleeping in the parks at
night or in a common lodging house, not knowing where to turn, could not
have proved your worth at five-and-twenty pence. You could have sued _in
formâ pauperis_. This was a great privilege! You should have found a
lawyer who would undertake your case on no security, obtained your
evidence without the payment of a penny, got your witnesses to come to
the Court and give their time for nothing (when every idle hour meant
bread out of their mouths); you should have achieved these triumphs over
Nature, and you might have been divorced for anything from seven to
fifteen pounds. True, you had not seven to fifteen pence, but--you had
the privilege!
“It is admitted that you were a good husband to your wife, as good a
husband as a man could be; it is admitted that the fault was hers
entirely. It is admitted that you were entitled to relief. By the Law,
which is the same for all, however, this was not enough.
“For this is what I want you to fully understand: _A man of means_ may
drive his wife to loathe him, provided he stop short of certain definite
things--for the Law does not allow him to be ‘cruel’ to her; he may
entertain himself with other women provided that she does not know, for
the Law does not allow him to be ‘faithless’; he may be, in fact, at
heart a ruffian or a rascal, but--_having means_--if she leave him for
another, he can, unless he has bad luck, be sure of his decree. Thus, it
did not really matter whether you were false to her, so long as she did
not know; it was almost superfluous to be so kind; what really mattered
was that, either, as a working man with thirty shillings a week, you had
sixty to a hundred pounds--or, as a penniless pauper, you had seven to
fifteen.
Public-domain text, read in full here on John Shaqi.
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