Some political antiquarians in this country have expressed their conviction that in early times when the institution of feudalism was the strongest political force in England, women exercised electoral rights in those cases where they were entitled as landowners or as freewomen of certain towns to do so.4 This view has been combated by other authorities, and has not been accepted in the law courts, where special emphasis has been laid on the fact that no authentic case of a woman having actually cast a vote, as of right, in a Parliamentary election can be produced. The claim that in ancient times women did exercise the franchise, whether capable of being established or not, certainly does not deserve to be dismissed as in itself absurd and incredible. I believe it has been called by some anti-suffragists "an impudent imposture," in the most approved style of the "what-I-know-not-is-not-knowledge" pedant. Whatever it may be, it is not this. In a book published in 1911,5 there is a passage which goes far to prove that even as late as 1807 the right of women possessing the necessary legal qualification to vote in Parliamentary elections was recognised as being in existence. One of the Spencer Stanhopes was a candidate during the general election of 1807, and Mrs. Spencer Stanhope writes to her son, John, that her husband's party was so certain of success that they had announced that their women folk need not vote. "Your father was at Wakefield canvassing yesterday.... They determined not to admit the ladies to vote, which is extraordinary and very hard, considering how few privileges we poor females have. Should it come to a very close struggle, I daresay they will then call upon the ladies, and in that case every self-respecting woman should most certainly refuse her assistance."
The contention is that the Reform Act of 1832, by substituting the words "male person" in lieu of the word "man" in the earlier Acts, first placed upon the women of this country the burden of a statutory disability. This process, it is argued, was repeated in the Municipal Corporation Act of 1835, and is the reason why the admission of women to the municipal franchise in 1870 is spoken of in many of our suffrage publications as the "Restoration" of the municipal suffrage to women. The point appears more of antiquarian than of practical interest. If substantiated, it only illustrates anew the fact that under feudalism, and as long as feudalism survived, property rather than human beings had a special claim to representation, but it assumed a larger degree of importance from what followed in 1850 and 1868.
In 1850 Lord Brougham's Act was passed, which enacted that in all Acts of Parliament "words importing the masculine gender shall be deemed to include females unless the contrary is expressly provided." In the Reform Bill of 1867 the words "male person" were abandoned, and the word "man" was substituted, and many lawyers and others believed that under Lord Brougham's Act of 1850 women were thereby enfranchised. Under this belief, the reasons for which were set forth by Mr. Chisholm Anstey, barrister and ex-M.P., in two legal pamphlets published, one just before and one just after the passing of the Reform Bill of 1867, a large number of women rate-payers claimed before the revising barristers in 1868 to be placed upon the Parliamentary register. Under the able leadership of Miss Lydia Becker 5346 women householders of Manchester made this claim, 1341 in Salford, 857 in Broughton and Pendleton, 1 lady in S.E. Lancashire, a county constituency, 239 in Edinburgh, and a few in other parts of Scotland. The revising barristers in most of these cases declined to place the women's names on the register; and in order to get a legal decision, four cases were selected and argued before the Court of Common Pleas on November 7, 1868. The judges were the Lord Chief Justice Bovill, with the Justices Willes, Keating, and Byles. Sir John (afterwards Lord) Coleridge, and Dr. Pankhurst were counsel for the appellants. The case (technically known as Chorlton v. Lings) was given against the women, on the express ground that although the word "man" in an Act of Parliament must be held to include women, "this did not apply to the privileges granted by the State." This judgment, therefore, established as law that "the same words in the same Act of Parliament shall for the purpose of voting apply to men only, but for the purpose of taxation shall include women."6
Some women's names had been accepted by revising barristers, and were already upon the register. A question was raised whether they could remain there. The barrister in charge of this case, Mr. A. Russell, Q.C., argued that when once the names were upon the register, if they had not been objected to they must remain; one of the judges thereupon remarked that if this were so there would be no power to remove the name of a dog or a horse from the register if once it had been inscribed upon it. This was eloquent of the political status of women, identifying it by implication with that of the domestic animals. The Times, in anticipation of the Chorlton v. Lings case coming on for hearing, had an article on November 3, 1868, in which it said: "If one supposes it ever was the intention of the legislature to give women a vote, and if they do get it, it will be by a sort of accident, in itself objectionable, though, in its practical consequences, perhaps harmless enough. On the other hand, if they are refused, the nation will, no doubt, be formally and in the light of day committing itself through its judicial tribunal, to the dangerous doctrine that representation need not go along with taxation." With the decision in Chorlton v. Lings, the last chance of women getting the suffrage by "a sort of accident" vanishes, and very few of us can now regret it, for the long struggle to obtain suffrage has been a great education for women, not only politically, but also in courage, perseverance, endurance, and comradeship with each other.
If the nineteenth century was a time of education for women, it was no less a time of education for men. We have not yet arrived at an equal moral standard for men and women, but we have travelled a long way on the road leading to it. A George I. openly surrounding himself with mistresses, and shutting up his wife for life in a fortress for levity of behaviour; a George IV. who measured with similar inequality his own and his wife's connubial transgressions, would not be tolerated in the England of the twentieth century. The awakening of women to a sense of their wrongs before the law was a leading feature of the women's movement in the early nineteenth century. The Hon. Mrs. Norton, the beautiful and gifted daughter of Tom Sheridan, a reigning toast, a society beauty, and with literary accomplishments sufficient to secure her an independent income from her pen, was subjected to every sort of humiliation and anguish as a wife and mother which the mean and cruel nature of her husband could devise. Mr. Norton brought an action against Lord Melbourne for the seduction of his wife, and the jury decided without leaving the box that Lord Melbourne was wholly innocent. This did not prevent the petty malice of her husband from depriving Mrs. Norton entirely of her three infant children, one of whom died from an accident which ought never to have happened if the child had been duly cared for. To read her life7 is comparable to being present at a vivisection. Mrs. Norton had one weapon. She could make herself heard; she wrote a pamphlet in 1836 called "The Natural Claim of a Mother to the Custody of her Children as affected by the Common Law Right of the Father." One result which followed from Mrs. Norton's sufferings, coupled with her power of giving public expression to them, was the passing of Serjeant Talfourd's Act in 1839, called the Infants' Custody Act, giving a mother the right of access to her children until they are seven years old. This is the first inroad on the monopoly on the part of the father of absolute control over his children created by the English law. The division of legal rights over their children between fathers and mothers has been described by a lawyer as extremely simple—the fathers have all and the mothers none. Serjeant Talfourd's Act did not do much to redress this gross injustice; but it did something, and marks the beginning of a new epoch.
Little by little things began to change. Mrs. Somerville and Miss Caroline Herschell were elected members of the Royal Astronomical Society in 1835. Mrs. Browning wrote "Aurora Leigh," and thereby touched the whole woman's question with an artist's hand. Thackeray, in Esmond, pointed the finger of scorn at the "politicians and coffee-house wiseacres," who are full of oratorical indignation against the tyrannies of the Emperor or the French King, and wonders how they, who are tyrants too in their way, govern their own little dominions at home, where each man reigns absolute. "When the annals of each little reign are shown to the Supreme Master, under whom we hold sovereignty, histories will be laid bare of household tyrants as cruel as Amurath, and as savage as Nero, and as reckless and dissolute as Charles." This was a new note in literature. Mrs. Jameson and the Brontë sisters contributed much in the same key. Anne Knight, a Quaker lady of Quiet House, Chelmsford, issued about 1847 a small leaflet boldly claiming a share for women in political freedom. There can be little doubt that the presence of a pure and virtuous young woman upon the throne had its influence in leading people to question