The constitution violated : $b An essayButler, Josephine Elizabeth Grey
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The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
We who have combined to oppose this legislation maintain that this Act
is unconstitutional, because it submits a case, in which the result is
to the party concerned of the most enormous consequence, to trial
without jury.
We are well aware, while making this statement, that there is a class of
cases in England which at this present time are tried without a jury.
But these cases are what are called “minor cases.”
Now we maintain that a woman’s honour is a point of very grave
importance to her, and that no State can thrive in which it is not
regarded as a very sacred question. And we maintain that a case which is
to decide as to the question of a woman’s honour is by no means, nor by
any stretch of language or imagination, capable of being called a “minor
case.”
We therefore maintain that this law, which places the determination of
the fact as to a woman’s honour solely in the hands of a single justice
of the peace, is as great an infringement of constitutional right, as if
the determination of the fact as to whether a man were guilty of murder
or not were placed in the hands of a single justice of the peace.
We maintain absolutely that to deprive of jury trial a woman whose
honour is the subject in question, is a breach of the English
Constitution, as fundamentally expressed in that clause of Magna Charta
of which we have already pointed out the importance, “We will condemn no
one except by the judgment of his peers.”
The decision of the question as to her honour would itself, even if
followed by no legal consequences, be a sufficiently grave one to
warrant what I say. But let it be observed that when the case is decided
against the woman, the deprivation of her honour is followed
immediately, under these Acts, by those consequences which are
especially indicated in Magna Charta as the consequences which shall
ensue to no one except after trial by jury. She is not only subjected to
that ordeal which we assert comes distinctly within the application of
the words “or anyways destroyed;” but in order to the carrying out of
that ordeal, she is, by the Act, both outlawed and imprisoned in the
strict meaning of these terms as used in Magna Charta. She is in fact
deprived of her liberties for the space of a year. She is outlawed
practically during that period, inasmuch as she is handed over to the
irresponsible action of surgeons, at whose simple fiat she may be
detained and imprisoned without even any order before a justice, or any
oath or affidavit taken.[24] Her whole liberty is curtailed, inasmuch as
she is liable to be summoned for a repetition of this ordeal at whatever
times and as frequently as the surgeon thinks fit; and the entire
curtailment which this is of her liberty must be evident from the fact
that she is bound to appear, subject to the penalty of imprisonment,
with or without hard labour. I have already said that these Acts
virtually introduce a species of villeinage or slavery. I use the word
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