English poetry -- 19th century; Women -- History; Women -- Social conditions; Women -- Suffrage
For example of this let us look at the law of our own country in even
recent times. Blackstone says:—“The husband (by the old law) might give
his wife moderate correction.... But this power of correction was
confined within reasonable bounds, and the husband was prohibited from
using any violence to his wife, _aliter quam ad virum ex causa regiminis
et castigationis uxoris suæ licite et rationabiliter pertinet_ (_i.e._,
otherwise than to a man for the ruling and punishment of his wife,
lawfully and reasonably pertains). The civil law gave the husband the
same or a larger authority over his wife, allowing him for some
misdemeanours, _flagellis et fustibus acriter verberare uxorem_ (_i.e._,
to severely beat his wife with whips and cudgels), for others, only
_modicam castigationem adhibere_ (to administer a moderate
chastisement). But with us, in the politer reign of Charles the Second,
this power of correction began to be doubted, and a wife may now
(_circ._ 1750) have security of peace against her husband; or in return,
a husband against his wife. Yet the lower rank of people, who were
always fond of the old common law,” (query, were the women fond of it?)
“still claim and exert their ancient privilege: and the courts of law
will still permit a husband to restrain a wife of her liberty in case of
any gross misbehaviour.” (“Commentaries,” Edward Christian’s Ed., Book
I., Chap. XV.)
Such was undoubtedly the generally accepted and not infrequently acted
upon assumption; and it is certain that the Courts of Law would, in the
event of a wife absenting herself from her husband, order her return to
his custody; and would, and did imprison her in default of her
compliance. And this state of things continued until—as Mrs.
Wolstenholme Elmy records in her history of the celebrated “Clitheroe
case”—
“At length, in the year 1891, and, as in the case of the negro
Somerset, upon the return to a writ of _habeas corpus_, there have
been found judges bold enough and just enough to set aside the ancient
saws and maxims, resting mainly upon _obiter dicta_ and loose phrases
of previous judges used in reference to hypothetical cases never
actually before the Courts, and to declare plainly and straightly that
the personal slavery of the wife is no part of the law of England. The
actual words of the Lord Chancellor in dealing with the return to the
writ are, as reported by the _Times_, March 20th, 1891, as follows:—
Public-domain text, read in full here on John Shaqi.
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