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
In Hilary Term, 1739, the case of Olive _v._ Ingram was heard before Sir
William Lee, Chief-Justice, Sir Francis Page, Sir Edmund Probyn, Sir
William Chappel, Justices, to decide whether a woman could vote for a
sexton, and whether she could be a sexton. A woman candidate for the
office of sexton of the Church of St. Botolphs without Bishopsgate had
169 _indisputable_ votes and 40 _women’s votes_; the plaintiff had 174
indisputable votes and 22 women’s votes. The woman had been declared
elected.
The case was considered so important that it was heard four times.
First, whether a woman could vote? The counsel against argued that women
could not vote in this case, as they did not do so in others; that they
did not vote for members of Parliament, quoting Coke. The counsel for
argued that non-user did not imply inability; that women paying Scot and
Lot had a right to vote on municipal affairs; that they voted in the
great Companies; that it had been decided in Attorney-General _v._
Nicholson that women had a right to elect a preacher. If they could
elect to a higher office, how could they not do so to a lower? It had
been decided in Holt _v._ Lyle and Catharine _v._ Surrey, according to
Hakewell, “that a _feme sole_, if she has a freehold, may vote for a
Parliament man.” Women did come to the old County Courts, though not
compellable thereto. Women are _sui juris_ till they are married.
The Lord Chief-Justice said the case of Holt _v._ Lyle is a very strong
case, but as I am not bound now to say whether a woman can vote for a
Parliament man, I will reserve that point for further consideration. The
question here is, whether a woman can be included in “all _persons_
paying Scot and Lot.” It was a just rule that they who contributed to
maintain the elected should themselves be electors. There is a
difference between exemption and incapacity. If women are qualified to
pay Scot and Lot, they are qualified to keep a sexton. They who pay must
determine to whom they will pay. He decided that women could vote for a
sexton. Justice Page agreed with Chief-Justice Lee on the general
question, but added, “I see no disability in a woman for voting for a
Parliament man.” Justice Probyn agreed that they who pay have a right to
nominate. It _might be thought_ that it required an _improved
understanding_ for a woman to vote for a Parliament man, but the case of
Holt _v._ Lyle was a very strong case.
The woman having thus secured a majority of “indisputable votes,” the
next question was, could she hold office? The objection was that women
could not hold places of trust, of exertion, of anything to do with a
church.
Public-domain text, read in full here on John Shaqi.
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