British freewomen : $b Their historical privilegeStopes, C. C. (Charlotte Carmichael)
History
British freewomen : $b Their historical privilege
Stopes, C. C. (Charlotte Carmichael)
Women -- Great Britain; Women -- History
The petition of Sir Francis Michell to the House of Commons, 23rd
February, 1620, contains trenchant criticisms on Coke’s conduct as
partial and passionate. Though they may be somewhat discounted by the
writer’s position, they must have had some basis of truth. Michell said
that when summoned before the Bar, Sir Edward Coke prejudiced his cause
by saying aloud, “When I was Chief-Justice, I knew Sir Francis Michell;
he is a _tainted man_,” which saying discouraged his friends from
speaking on his behalf. He repeats elsewhere that Coke was wont “to make
invectives by the hourglass”; and indeed adds many other more serious
charges. Michell was put out, as was the custom, when his case was being
discussed. In his absence, he was condemned to go to the Tower, and on
being re-admitted, thought he was to be allowed to defend himself as was
the custom, and “asked leave to speak for himself, which Sir Edward Coke
_hastened to refuse_” (Sir Simon d’Ewes’ Papers, Harl. MSS., 158, f.
224). “His rancour, descending to Brutality was infamous” (Dict. Nat.
Biog.). Sir Francis Bacon writes to him, “As your pleadings were wont to
insult our misery and inveigh literally against the person, so are you
still careless in this point to praise or dispraise upon slight grounds
and that suddenly, so that your reproofs or commendations are for the
most part neglected and contemned, when the censure of a Judge coming
slow but sure should be a brand to the guilty and a crown to the
virtuous.... You make the laws too much lean to your opinion, whereby
you show yourself to be a legal tyrant” (Foss’s “Lives of the Judges”).
James I. is known to have called him “the fittest engine for a tyrant
ever was in England.”
He was an only son with seven sisters, which position probably made him
overvalue his own sex. His well-known matrimonial disputes probably
helped to increase his prejudice against the other sex.
(3) That he could be _wilfully ignorant_ there is abundant ground to
believe. He married again five months after his first wife’s death,
without Banns or Licence, and to escape Excommunication, he pleaded
Ignorance of the Law!! “Not only does he interpolate, but he is often
inaccurate; sometimes, as in Gage’s case, he gives a wrong account of
the decision, and still more often the authorities he cites do not bear
out his propositions of law. This is a fault common to his Reports and
his Institutes alike, and it has had very serious consequences upon
English Law” (Dict. Nat. Biog.). Holt _v._ Lyle, and Catherine _v._
Surrey had been decided when he was Attorney-General. These affirmed
that “a _feme sole_ could vote for a Parliament man.” The Gatton case
had been decided in a Parliament, and by a Committee of which he was a
member; and whether he had concurred in it or not, he cannot but have
been aware that other members of Parliament, even in his day, allowed
the woman’s privilege.
Public-domain text, read in full here on John Shaqi.
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