Law -- England; Poor -- England; Poor laws -- England; Working class -- England
The lady with "the tongue" of our day was, and as far as I know still may
be, known to the law as a common scold, and according to Chief Justice
Holt was punishable by ducking. Mrs. Foxby, of Maidstone, was, if I
remember, the last lady who was indicted at common law for this offence
and sentenced to be ducked. She moved, in Trinity Term, 1703, in arrest of
judgment because they had called her in the indictment "_calumniatrix_"
and not "_rixatrix_" and insisted on her motion, although Chief Justice
Holt in kindly warning reminded her that ducking in Trinity Term was
pleasanter than ducking in Michaelmas. As the Court pointed out, mere
scolding was not the offence, it was the constant repetition that was the
nuisance. In the result, after a year's litigation the flaw in the
indictment saved the Maidstone lady a ducking in the Medway.
But though the common scold and the ducking stool no longer figure in the
quarter sessions calendar--though it would rest with the Court of Criminal
Appeal to decide if they are yet entirely obsolete--the woman with a
tongue, the "_rixatrix_," or lady brawler is undoubtedly still existent
and has to be dealt with by the landlord of small property by County Court
eviction.
What is called a possession summons is taken out, and in the hearing of it
the lady always appears and protests vigorously against the treatment
meted out to her, arguing that the street is in a conspiracy against her,
and that she is the one quiet peaceful woman in the neighbourhood. Any
doubt as to the correctness of the judicial decision in making an eviction
order is solved as soon as the order is made, when, self-restraint being
no longer necessary, the full force of "the tongue" is turned upon the
landlord, the judge who is in league with him, and the two stalwart
members of the force who with some difficulty show the lady the door. Next
to dry rot and vermin, a tenant with "a tongue" is the greatest enemy of
the landlord of mean streets.
But what has long been recognised about the status of landlord and tenant,
is that under present economic circumstances it is impossible for a
wage-earner to obtain at the expenditure of a reasonable proportion of his
income proper housing for himself and his wife and children. The duty of
the State to the poor in this matter is gradually dawning on people's
minds, they are waking up to the fact that it cannot be done solely by
individual effort, and on this subject the law, I am glad to report, is
beginning to make serious efforts to set its houses in order.
At present legislation has taken upon itself three objects: (1) The
clearing of slum areas and rebuilding new dwellings, with powers of
compulsory purchase granted to local bodies. (2) The granting to
corporations and councils power to close insanitary houses, and to make
their owners repair them. (3) The permission to local authorities to build
houses for the working classes where there is an insufficiency.
Public-domain text, read in full here on John Shaqi.
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