English poetry -- 19th century; Women -- History; Women -- Social conditions; Women -- Suffrage
Lord Esher was one of the two other Judges, both concurring, who formed
the Court of Appeal which granted the writ, and a few days subsequently
he gave from his place in the House of Lords the following further
statement of his judgment and views:—
“As I was a party to the judgment, which seems to have been more
misunderstood than any judgment I recollect, I, perhaps, may be
excused from making an observation. It was urged before the Court of
Appeal that by the law of England a husband may beat his wife with a
stick if she refuses to obey him, and that if a wife refused her
husband conjugal rights, whatever that phrase may mean, which I have
never been able to make out, he may imprison her until she restores
him conjugal rights, or satisfies him that she will. All that the
Court of Appeal decided was that a husband cannot by the law of
England, if the wife objects, lawfully do either of those things.
Those intelligent people who have declared that the judgment is wrong
must be prepared to maintain the converse—namely, that if a wife
disobeys her husband he may lawfully beat her; and if she refuses him
a restitution of conjugal rights he may imprison her, it was urged, in
the cellar, or in the cupboard, or, if the house is large, in the
house, by locking her in it and blocking the windows. I thought, and
still think, that the law does not allow these things....”—(The
_Times_, 17th April, 1891.)
Mrs. Wolstenholme Elmy further tells us that:—
“To Lord Selborne the married women of this country owe a further debt
of gratitude for his introduction in 1884 of the Matrimonial Causes
Act of that session, which put an end to the punishment by
imprisonment of the husband or wife who refused to obey the decree of
the Court for restitution of conjugal rights. The arguments of Mr.
Lankester and Mr. Finlay in the Clitheroe case, based upon this
abolition of the power of the Court to imprison for disobedience, are
known to everyone. It would be destructive not only to personal
freedom, but a gross infraction of justice and common-sense, were a
husband to be permitted to exercise on his own behalf and at his own
pleasure a prerogative of punishment which had been withdrawn from the
Court.
Public-domain text, read in full here on John Shaqi.
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