Judge Lumley Smith, K.C.: “Does a successful husband always have to pay his wife’s costs?”
Mr. Seyd (for the defendant): “Yes.”
Judge Lumley Smith: “That is rather hard on him.”
The defendant added that while the suit was pending he had to borrow fifty pounds from his friends.
Judge Lumley Smith said a judgment debt must come in front of those of his friends, and ordered payment of one pound a month.
This man could not have proceeded in forma pauperis, as by our then system this was not open to anyone with more than thirty shillings a week with no means above twenty-five pounds and clothing. If he had done so he would have had neither counsel nor solicitor to plead his cause and the only real benefit he would have obtained would be that he would not have had to pay Court fees.
The self-respect of working men in many cases hinders them from applying for assistance rendered nominally distasteful by the pauper taint. They manage these things better in France, and what the poor want in England, in fact as well as in name, is “assistance.” The new rules that have come into force this year go a little way to provide this, but it is too early as yet to say how far they will meet the wants of the case.
There was no need for any Royal Commission on Divorce to explain to any reasonably educated citizen what ought to be done, but I agree that the labours of many good men and women have given chapter and verse for the want and the remedy in a convenient form. Too much time was wasted over the moot points of the theologians, for most citizens are agreed that ecclesiastical opinions on the contract of matrimony as it affects the State are of the same value and no more as ecclesiastical opinions would be on such contracts as a bill of sale or a hire-purchase agreement, which may equally from time to time affect adversely or otherwise the moral conduct of human beings.
“Marriage is nothing but a civil contract. ’Tis true ’tis an ordinance of God: so is every other contract: God commands me to keep it when I have made it.” Worthy John Selden did not mean by that that it was to be kept for ever and in all circumstances, but that it was to be kept until such time as the law released the parties from it in the same way as every other civil contract. Nothing is more true and necessary to be repeated in these days than the citizens’ view of marriage law. Whatever codes different religious men and women wish to observe they are free to follow. But the marriage law is a question of citizenship for citizens to settle for themselves. It is therefore satisfactory to read in the Majority Report that English laymen seem generally to base their views, not upon ecclesiastical tradition or sentiment, but upon general Christian principles coupled with common-sense and experience of the needs of human life. It is the conclusion of these men and women—not the anathemas of priests—that want parliamentary attention. They have told us “that there is necessity for reform in this country, both in procedure and in law, if the serious grievances which at present exist are to be removed, and if opportunities of obtaining justice are to be within the reach of the poorer classes. So far from such reforms as we recommend tending to lower the standard of morality and regard for the sanctity of the marriage tie, we consider that reform is necessary in the interest of morality, as well as in the interest of justice; and in the general interests of society and the State.”
When shall we find time to ease these heavy burdens of the poor and let the oppressed go free?