Law -- England; Poor -- England; Poor laws -- England; Working class -- England
From Cranmer's day until 1857 no divorce law was passed. In the meantime,
if you were a peer with a naughty wife, you got an Act of Parliament
passed to divorce her. It was an expensive proceeding and, incidentally,
of doubtful legality. But the eugenics of nobility and the purity of breed
in the peerage made some such machinery necessary, and so you had "An Act
for Lord Roos to marry again," and others similarly entitled. Only the
very rich at the rate of two or three a year could avail themselves of
this procedure, and, of course, the very poor had not a look in at all.
It was a judge who awakened the world to the iniquity of it all, and he
did it by a jest. There are some funny things said in the High Court
to-day, but they do not seem to be designed to push the world along as
this witty speech did. It was Mr. Justice Maule--a sly dog, the hero of
many a good circuit story--that one about the threatening letters, for
instance--it was Maule J. in a bigamy case, _Regina_ v. _Thomas Hall_,
tried at Warwick in 1845, who woke up the country to the fact that there
was a divorce problem, and that it wanted solving.
Hall was a labouring man convicted of bigamy and called up for sentence.
Maule, in passing sentence, said that it did appear that he had been
hardly used.
"I have indeed, my Lord," called out poor Hall, "it is very hard."
"Hold your tongue, Hall," quoth the judge, "you must not interrupt me.
What I say is the law of the land which you in common with everyone else
are bound to obey. No doubt it is very hard for you to have been so used
and not to be able to have another wife to live with you when Maria had
gone away to live with another man, having first robbed you; but such is
the law. The law in fact is the same to you as it is to the rich man; it
is the same to the low and poor as it is to the mighty and rich and
through it you alone can hope to obtain effectual and sufficient relief,
and what the rich man would have done you should have done also, you
should have followed the same course."
"But I had no money, my Lord," exclaimed Hall.
"Hold your tongue," rejoined the judge, "you should not interrupt me,
especially when I am only speaking to inform you as to what you should
have done and for your good. Yes, Hall, you should have brought an action
and obtained damages, which probably the other side would not have been
able to pay, in which case you would have had to pay your own costs
perhaps a hundred or a hundred and fifty pounds."
"Oh, Lord!" ejaculated the prisoner.
Public-domain text, read in full here on John Shaqi.
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