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 second case, Chorlton _v._ Ressler, a woman freeholder at Rusholme
with a county qualification with no relation to the 1832 Charter of
Manchester, they refused to hear. Dr. Pankhurst was silenced. The Lord
Chief-Justice said to him—“Do you expect to convince us that we are
wrong, and that we ought to alter our judgment just given?” Dr.
Pankhurst—“Your judgment is inchoate, and might be altered during the
term. (Laughter.) This is not a point of Common Law but of
Constitutional Law.”
The next case was Wilson _v._ Town Clerk of Salford; Martha Wilson
having appeared on the Overseer’s List, and not having been objected to,
wanted to know why she had been struck out. She was curtly referred to
the decision in Chorlton _v._ Lings.
The next case, Bennet _v._ Bromfit, was a consolidated appeal of men and
women against the revising barrister at Ormskirk, who had held that
certain notices of objection were valid, without the reasons of
objection being stated. Here the Revising Barrister had decided that
Ellen Ashcroft was qualified to vote. The Lord Chief-Justice
interposed—“The Revising Barrister may have decided that Ellen Ashcroft
had a right to vote, but we have decided that she has not.” “But, your
Lordship, what has to become of Birch, Roberts and the other men
concerned in this appeal?” “It is laid down that where appeals are
improperly consolidated they cannot be heard.”
And thus, in a Court of Common Law, amid peals of amused laughter, the
Constitutional Privilege of British Freewomen was taken from them, as a
Justice worded it, “_forever_.”
Yet Coke himself had declared “Judges ought not to give any opinion of a
matter of Parliament because it is not decided by the Common Law, but
_secundum legem et consuetudini_ Parliamenti” (“Fourth Institute,” 15).
In 1704, the Commons had resolved that “they cannot judge of the right
of elections without determining the right of electors; and if the
electors were at liberty to prosecute suits touching the right of giving
voices in other courts, there might be different voices in other courts
which would make confusion and be dishonourable to the House of Commons,
and that such an action was a breach of privilege.”
But this decision was accepted from the Common Law Courts, and, by
Christmas, 1868, there was not a “Freewoman” left in Britain, except the
_One_ who sat on the throne, holding her privileges, not as her female
subjects did, by Statutes written in general terms, but by Statutes
where the language designates the male sex alone.
------------------------------------------------------------------------
CHAPTER VIII.
THE TURN OF THE TIDE.
1868-1894.
“Who would be free, themselves must strike the blow.”
Public-domain text, read in full here on John Shaqi.
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