Marriage, As It Was, As It Is, and As It Should Be: A Plea for ReformBesant, Annie
Philosophy
Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform
Besant, Annie
Marriage -- Great Britain; Marriage law -- Great Britain
Various curious results flow, in criminal law, from this supposition
that husband and wife are only one person. They are incompetent--except
in a few special instances--to give evidence for or against each other
in criminal cases; if a woman's husband be one of several defendants
indicted together, the woman cannot give evidence either for or against
any of them. Where the wife of an accomplice is the only person to
confirm her husband's statement, the statement falls to the ground, as,
in practice, confirmation thereof is required; in the case of Rex v.
Neal (7 C. and P 168), Justice Park said: "Confirmation by the wife is,
in this case, really no confirmation at all. The wife and the accomplice
must be taken as one for this purpose. The prisoners must be acquitted."
They may, however, be severally called as witnesses by the prosecution
and the defence, in order that they may contradict each other. Where the
wife has suffered personal violence from her husband she is permitted to
swear the peace against him, and in divorce suits husband and wife are
both admissible as witnesses. A wife who sets fire to her husband's
house may escape punishment, as in the case of Rex. v. March: "March and
his wife had lived separate for about two years; and, previous to the
act, when she applied for the candle with which it was done, she said it
was to set her husband's house on fire, because she wanted to burn
him to death. Upon a case reserved upon the question whether it was an
offence within the 7 and 8 George IV., cap. 30, sec. 2, for a wife to
set fire to her husband's house for the purpose of doing him a personal
injury, the conviction was held wrong, the learned judges thinking that
to constitute the offence, it was essential that there should be an
intent to injure or defraud some third person, not one identified
with herself" (Ibid, p. 899). Identification with one's beloved may be
delightful in theory, but when, in practice, it comes to being burned
at pleasure, surely the greatest stickler for the "twain being one" must
feel some twinges of doubt. The identity of husband and wife is often
by no means advantageous to the husband, for he thereby becomes
responsible, to a great extent, for his wife's misdoings. "For
slanderous words spoken by the wife, libel published by her alone,
trespass, assault and battery, &c., he is liable to be so sued, whether
the act was committed with or without his sanction or knowledge.... And
wherever the action is grounded on a tort, committed by the wife, it no
way affects the necessity of joining the husband, that the parties are
living apart, nor even that they are divorced _a mensâ et thoro,_ or
that the wife is living in adultery" (Lush's "Common Law Practice,"
2nded. p. 156). Pleasant position for a man whose wife may have left
him, to be suddenly dragged before a court of justice for some misdeed
of hers, of which he may never have heard until he finds himself
Public-domain text, read in full here on John Shaqi.
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