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
male be at the death of the ancestor under the age of one and twenty
years, or the heire female under the age of fourteen, they can make no
deputy, but the Lord will have wardship. Therefore, Littleton is here
to be understood of a _feme sole_ of full age and seized of land,
holden by knight’s service,[15] either by purchase or descent.” One
would have thought this clear enough for a legal mind to follow. Women
do not, therefore, come into the same class as minors in regard to
their appointing deputies. But they do come into the class of
Electors. (“Second Institute,” 119.) “A woman may be a free suitor to
the Courts of the Lord, and though it be generally said that the free
Suitors be Judges [viii.] in these courts, this is intended of men and
not of women.”
Footnote 15:
In discussing the “Parliament of Marlebridge” (52 Henry III., chap,
vi., p. 3) he says: “Albeit the heir be not _primogenitus_, but an
heir female, or male lineal or collateral, yet everyone of them be
within the same mischief.”
We have already noted the illegal character of this opinion; but we
repeat it here intentionally. Coke does not see that in avoiding one of
the horns of a dilemma he throws himself on the other. If “women could
be suitors,” and were “not intended to be judges” or pares, the only
other duty left them as suitors, would be “to elect their knights of the
shire!”
The study of the original statutes supports the freedom of women as to
both duties, as well as the fact of their having exercised that freedom.
In Howell’s “State Trials,” 19 (Entinck _v._ Carrington, 6 George III.),
there is a question asked and answered, worthy of repetition here—“Can
the judges extrajudicially make a thing law to bind the Kingdom by a
declaration that such is their opinion? I say no. It is a matter of
impeachment for any judge to affirm it. There must be an antecedent
principle or authority from whence this opinion may be fairly collected,
otherwise the opinion is null, and nothing but ignorance can excuse the
judge that subscribed it.” That women had to submit then is no reason
that they should submit now, as the same case explains—“It would be
strange doctrine to assert that all the people of this land were bound
to acknowledge that as universal law which a few had been afraid to
dispute.”
Public-domain text, read in full here on John Shaqi.
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