The Express.
London, England, 1868-11-07 00:00:00

i:tNIT•TRA11011 arrears.

'the e. set this morning, for the purpose of hearing
•pt.s2► from decisions of reeking barristers, and there
• as pn,esit a very large amen blap of barristees and
r•brrs intereeted in the proceedings.

f II aRT.TON,

I', L. maw,.

I his was the Miss Becker case, and the statement sent
▪p by tie Devising Barrister set out that Mary Abbott's
r•orse appeared upon the list as the rated occupier of a
tow*, and it was admitted that there was no disqualifies-
ten affecting her, unless her sex disqualified her. The
l;evisirg Parrieter held that women were not entitled to
rote. and he expunged from the list the name of Mary
,Abbott and there of 5,346 other women. This was the
appealed against.
• Mr. coferidge, Q.C., (with him Dr. Pankhurst.) ap-
ism d for the appellant and contended that women had
::,_lit to the franchise; that they exercised such franchise
eicnl times. and that modern legislation had not taken
e„st rii:ht. away.
1 eel Chief Justice—You only count on the act of
to.; anent. not on the common law.
Coleridge—That might give an expert. point of
-:, lit : but first he proposed to argue the proposition
t• in, in which he had stated it.
1,1,1 Chief Justice--You contend that every man
s, tv woman is entitled to vote.
e;eridge-11 he were asked he must say that he
- that to be the ancient constitution. He proposed
s .I.at in ancient times there was no difference be-
sexen as to the exercise of the franchise ; that
• .-n had exercised it women had also exercised it.
• .dd Chief Justice—Then the argument must go
• '• ttzth, that the rights of men have been limited,
ose of women.
- I. ridge must repeat that lie preferred to place
, • , ....aim in the terms in which he had placed it.
.. • 'used counsel, in continuation, refereed to the 7th
s !V., cap. 15, which was the earthed statute clout
, • • it said that elections for knights of the shire
lie place in full county court, and that all suitors
. • . 0. there as well as others should attend the elec.
• No duibt Mr. Hallam, in the third volume of hi.
• • History. eh. 13, in commenting upon this
. • • 1 excepting women who are generally not snp-
• ~I.le of any political rights but the highest;
, 'le Coleridge) contended that the true construe-
:Le statute at 31arlbridge was not to for-
: t. men attending county elections, but that
.• • •, 'y exen•ed them unless they were spe-
. -• mmonvil. if they wished not to go there.
i. • • •et of this view he quoted passaged from Black-
, Deed. and aLso referred to several indentures
members to parliament in early time, and to
u.' '• Tatars women were parties. The first was
• • 1, i;zn of Henry IV. It was dated in the
par of that reign, on the fast of St.
. and it was made between the sheriffs
. f the one part ; and among those of the other virt
s, • :1.. ..nutees of SOUK` place, but the name was
and Le could not read it. In another indenture,
..• .1 •z:ol Henry V., Robert Barry signed as attorney for
y. Bath the indentures referred to county members,
1. : •e :he reign of Edward VL and also in that of Philip
t Mitre, of two copies of indentures, signed by Lady
tfa ('op ls y, and which documents returned members
1 • :Le l.erough of Gstton, one of these documents was
s _zed by this lady alone.
Mr. Justice Willes—That looked as though she were
t. :::rning officer.
Mr. Coleridge referred to another instance of a similar
1,,,a1 which be found in Haywood, and which he said was
Ite:wa as Lady Pakington s case, in the 14th Elizabeth,
art was met by the oboerration that Lord Coke, in refe-
✓.
nee to that, seemed to think that women and clergymen
could not vote. _ _ _

v

Mr. Coleridge—But Lord Coke bad his weaknesses, and
• was that he was not food of the clergy.. and. 114 a
c•cnd of his added, possibly not of women either.
(I.i:
The To Chief Justice thought that there was good
•,-,e for su that Lord Coke was right.
Mr. Cole • in continuation, referred to documents
ii,•• i the 19th and 20th Elizabeth. to show that women
ts, the list of freemen of Lyme Regis, and took
j •t w courts beet ; and be contended, in concluding
Foe of his case, that whatever in old time justified
c.,u is Liking part in elections also justified women in
-.nu so. The next thing, he said, to consider was
al, ther any statutes in restraint of the franchise altered
-. The first statute upon the subject was the Bth Henry
% 1.. which enacted the 40s. franchise, a statute which he
• ..lactilised as one which was evidently in restraint of
cx, rci.,e of electoral power, because it framed
t t franchise to cure the tumults consequent on
1 est mime of the franchise, no doubt by persons who hail
t freehold. There was nothing in this statute
c king any distinction between men and women.
lbe Lord Chief Justice—This statute was entitled,
What rent of men should be choosers," and who should
1 • returned. _ _ _

Mr. Coleridge said that the statute itself was in Norman-
treuell, but they had not the French for the heading,
which might vary the meaning ; and the heading formed
no part of the original statute, but was probably put
there when the statutes were translated. He added that
at all events there was nothing in the statute itself which
teetricted any rights which women might have had.
'1 here were other statutes, which he would give the dates
of without quoting them, but which, he suggested, would
I* useful for their lordehie to look at, vie., 10 Henry VI.,
esp. 2; 7 and S William 111., cape. 4 and 2i; 10 Anne,
tap. 23; 2 George 11., tsp. 24; and 20 George 111., cap. 17.
',here end other et: Aides contained enactments which
thi.wvil that "men," "persons," amid "people' in-
chided men and wpmen elite. There were some
expressions in the Reform Act of 1832 which
▪ peculiar. The 18th section, which preserved the
4('-. franchise, said that " no pereoa" should vote unless
t. had eerlaiu qualifications ; but the 14th section, which
conferred fresh franchises, said that "every male person"
should vote under the circumstances there named. Thus
K.. }ire-e in reference to the old franchise
ouloi include women, whilst es to the new
hue they were excluded. The Registration Act
the last Reform Act in hie opinion had no bearing
1.• vnd that of the old Reform Act upon the question.
I. doubt great stress would be laid upon the fact that
. mei, had not voted for members of parliament for
• ote,'.-.; but strong as that observation was, he sub-
: ~,t.,1 t hat it was clear that non-user could not work a
e -I:eni Liwarieut. So far his argument had re-
:. 'thee more particularly to counties; but he submitted,
c r the authority of Hallam's " Cowditutioual History,"
'imp. 13, 23 Henry VI., cap. 14, and upon several
r.•;.er ..tatittee which he would not detail, that this care was
o.CIS hat stronger in reference to boroughs than counties.
new came to Sir J. Romilly's Act, 13 and 14 Vic., cap.
'St, see. 4, which said that in acts of parliament the male
F. ode; should include the female, uule••s it was otherwise
e•sprers'y provided; and it was clear that in the last
It. forte Act there was no such express Provision.
Ihe Uri., of this statute were that " every man" haying
a cwt. oualiticatiou, not legally incapacitated, should
s• to . ho sulnuitted that the term " man •• included
v. • 11...1 . end that there was no legal incapacity affecting
a .1,01.. In the case of Holland v. Ingram, 7 Moduli, and
e re. • it, d in Strange, it was decided that women might
• • t.•:•• for sexton and be sexton also. (A laugh.)
IIA 11 1.4,141 Chief Justice said women might be constables,
: hissed churchwarden% and whether they have
I.: voted for members of parlia.mout WAS in
J. at ,Gobt ; he did not doubt they had, but as the care
t• ls• spoken to again he week' give no opinion. Mr.
J esti,. Is. oLyn in the tourer of the elm said that women
eotite I d not apply to voting for members of parliament,
Iwo:. 0. cl the judgment required in so doing."
11 :alp.: :.) But that did not apply to voting for a sal-
ty.. l,: the course of the case it was said also that women
• 1:1•1 MA constables and hold many other offices
e • ri it to. added, "The law allows women even to be
laugh.) It was further said that
I I) I. le, 4 Jac., it was determined that
i• fret-holder might claim a vote for par-
l• •o. The Icarned gentleman referred to several
' • in reference to women voting at elections
f r '". .flit-eR, and to the expressions of judges in
T 'et* • t o ,onclation, he said that by many consti-
-1 ti'"' .ho- the freedom of England was thought to
r. op,* the principle of representation and taxation
t t.l tie..:.red if so, why should not wom.on who
' "le • It was aaM that women were tinder
; I .1 that did not apply to those who luel never
• - ' • or Lad lost them.
I•• I• • • hicf Juetice--Instead of being ender
31.16,1 d considerable influence, and that even

‘l, •!'• Being rubjr.ct to dominion applied
• I' (I &tighter.)
‘I, •t, Arain, could it really be contended that
aoni 11 were not us lit as the groat body of men
' . an. raid that voting would draw them into
but he could not help thinking that
' men num were the bc.t judge'. of
t• I hc,t themielvea, nod that in
• ' • r, ,y the) co. hl tritely be left to the tam. iou of
" ' • .1.11,1• :A f14:111.1g.
414 wart pmcceding when our report left.l