The Real Gladstone: An Anecdotal BiographyRitchie, J. Ewing (James Ewing)
History
The Real Gladstone: An Anecdotal Biography
Ritchie, J. Ewing (James Ewing)
Gladstone, W. E. (William Ewart), 1809-1898
The absurdity of the law was well put by Mr. Justice Maule. A hawker who
had been convicted of bigamy urged in extenuation that his wife had been
unfaithful to him and deserted him, and that was why he had to take a
second wife. In passing sentence, the judge, addressing the prisoner,
said: ‘I will tell you what you ought to have done under the
circumstances, and if you say you did not know, I must tell you that the
law conclusively presumes you did. You should have instructed your
attorney to bring an action against the seducer of your wife for damages;
that would have cost you about £100. Having succeeded thus far, you
should have employed a proctor, and instituted a suit in the
Ecclesiastical Court for a divorce _a mensâ et thoro_; that would have
cost you £200 or £300 more. When you had obtained a divorce _a mensâ et
thoro_, you had only to obtain a private Act for a divorce _a vinculo
matrimonii_. The Bill might possibly have been opposed in all its stages
in both Houses of Parliament, and altogether these proceedings would have
cost you £1,000. You will probably tell me that you never had a tenth of
that sum, but that makes no difference. Sitting here as an English
judge, it is my duty to tell you that this is not a country in which
there is one law for the rich and another for the poor. You will be
imprisoned for one day.’
The long-postponed Bill was introduced into the Lords, where it passed
after unflagging opposition from Bishop Wilberforce. July 24 was the
date fixed for its second reading in the House of Commons, but no sooner
had the Attorney-General (Bethell) risen to explain the Bill than Mr.
Henley interposed with a motion that it be read again in a month. He was
supported in this unusual proceeding in a speech of great length and
energy by Mr. Gladstone. The motion was negatived by a large majority.
On July 30 the Attorney-General made his proposed statement. In the
course of his speech he pointedly alluded to Mr. Gladstone as a great
master of eloquence and subtle reasoning. ‘If that right hon. gentleman
had lived—thank Heaven he had not—in the Middle Ages, when invention was
racked to find terms of eulogium for the _subtilissimi doctores_, how
great would have been his reputation!’ The case against the Bill was
presented with the most telling force by Mr. Gladstone. He began by
urging the strong feeling against the Bill, and the great danger of
precipitancy on legislating in such a House under Government pressure.
The Bill undertook to deal not only with the civil consequences and
responsibilities of marriage, but also to determine religious obligations
and to cancel the most solemn vows; while, though not invested with any
theological authority, it set itself up as a square and measure of the
consciences of men. ‘I must confess,’ continued Mr. Gladstone, ‘that
there is no legend, there is no fiction, there is no speculation, however
wild, that I should not deem it rational to admit into my mind rather
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