London (England) -- Social life and customs -- 19th century
Every now and then, while the courts sit at Westminster, the general
public derives an immense amount of entertainment from what are described
as breach of promise cases. It is true there is a wonderful sameness
about them. The defendant is amorous, and quotes a great deal of poetry.
The court vastly enjoys the perusal of his letters, and the papers quote
them entire and unabridged. The lady suffers much, and the public
sympathies are decidedly with her. Of course there are some atrocious
cases, for which the men who figure in them cannot be punished too
severely; but as a rule, we do think the men have the worst of it. A
young man is thrown into the company of an attractive young female; they
both have little to do at the time, and naturally fall in love. She has
as much to do with the matter as he, and yet, if he begins to think that
he cannot keep a wife—that the marriage will not promote the happiness of
the parties concerned—that the affair was rash, and had better be broken
off—he is liable to an action for breach of promise. Such cases are
constantly occurring. The jury being decidedly romantic—thinking love in
a cottage to be Elysium—forgetting the vulgar saying that when poverty
comes in at the door love flys out of the window—mark their sense of the
enormity of the defendant’s conduct in refusing to make an imprudent
marriage, by awarding to the lady substantial damages.
Now, we can understand how English jurymen—generally men with
marriageable daughters, can easily make up their minds to give damages in
such cases, but we more than question the invariable justice of such a
course. When affection has died out, we can conceive no greater curse
than a marriage; yet either that must be effected, or the jury will
possibly agree to damages that may ruin the defendant for life. This we
deem bad, nor do we think that a woman should always have before her the
certainty that the promise given in that state of mind, which poets
describe as brief insanity, an amiable jury will consider as an
equivalent to an I.O.U. to any amount they please. We do protest against
confounding a legal promise to marry with a promise to pay the bearer on
demand £1000. We rather fear that this distinction is likely to be
overlooked, not but that occasionally an action for breach of promise has
a very happy effect. It serves as a moral lesson to ardent youths of an
amorous disposition. It also furnishes the broken-hearted and forsaken
fair with a dowry, which has been known to purchase her a husband in
almost as good a state of preservation as the gentleman who was to have
borne that honoured name. All that we find fault with is the number of
such cases.
Public-domain text, read in full here on John Shaqi.
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