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
Others have accused him of suppressing and falsifying legal documents.
(_See_ Chisholm Anstey’s “Supposed Constitutional Restraints.”) Chief
Justice Best from the Bench said, “I am afraid that we should get rid of
a good deal of what is considered law in Westminster Hall if what Lord
Coke says _without authority_ is not law.” 2 Bing, 296.
One other case which afterwards told heavily upon women we may note.
“Coke artfully inserted in the marriage settlement of his fourth son
John, with the daughter and heiress of Anthony Wheatley, a clause of
reversion to _his own heirs_ to the exclusion of heirs female, which was
not discovered until 1671, when John having died, leaving seven
daughters, their mother’s paternal inheritance passed away from them to
their uncle Robert, Coke’s fifth son.”
“His legal propositions may often be unsound in substance, but in his
mode of stating what he believes or wishes to be law he often reaches
the perfection of form” (Dict. Nat. Biography). This “_form_” may be
sufficient to satisfy legal technicalities, but I think I have brought
forward enough to show that intelligent women have reason to object to
him as a “tainted” authority. [vii.]
Coke tells us in his “Fourth Institute,” what properties a Parliament
man should have. “He should have three properties of the elephant;
first, that he hath no gall; second, that he is inflexible and cannot
bow; third, that he is of a most ripe and perfect memory. First to be
without gall, that is without malice, rancour, heat and envy.” We have
shown that Coke was deficient in the first quality prescribed by
himself for just judgment. His abject submission to the Archbishop
after his Breach of the Canon Law, shows that he could bow very low to
escape the consequences of his wrongdoing; his groveling in the dust
before James, when he had roused the King to wrath, shows that he
could do the same when he thought he was right, “from which we may
learn that he was, as such men always are, as dejected and fawning in
adversity as he was insolent and overbearing in prosperity” (Chalmers’
“Biography”). We must now prove that he was deficient in the third
quality also. His memory was imperfect. He forgot one Statute when he
was criticising another; he forgot what he had written in the “Second
Institute,” when he was preparing his manuscript for the Fourth. It is
only by self-contradiction that he can hold the opinion now under
discussion. From his own works we must judge him on this count (Coke
_v._ Coke). In the “Fourth Institute,” 5, he classifies women with
minors. In the “Second Institute,” c. iii., 96, his authorised and
corrected work, he says on the contrary, “Seeing that a _feme sole_
that cannot perform knight’s service may serve by deputy, it may be
demanded wherefore an heir male being within the age of twenty-one
years may not likewise serve by deputy. To this it is answered, that
in cases of minoritie all is one to both sexes, _viz._, if the heire
Public-domain text, read in full here on John Shaqi.
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