Page:The Enfranchisement of Women, the law of the land.pdf/23

23 the malitious and ignorant could be persuaded her Highness could not use such lyke aucthoritie," under that statutory description. In Prynne's collection of parliamentary writs, and in the journals of the House of Commons,are records of not a few returns which, made by female electors, were received. "In the cases of Holt v. Lyle, Coates v. Lyle, and Catharine v. Surrey, it was.the opinion of the judges," observes Lee, C. J. (King's Bench), that a feme sole, if she has a freehold, may vote for members of Parliament." " In Holt v. Lyle, it is determined that a feme sole freeholder may claim a voice for Parliament men." Page, J., to the same effect, "I see no disability in a woman from voting for Parliament men." Probyn, J., " The best rule seems to be, that they who pay have a right to nominate whom they will pay to. &hellip; An excuse from acting, &c, is different from an incapacity of doing so. The case of Holt v. Lyle, mentioned by my Lord Chief Justice, is a very strong case. They who pay ought to choose whom they will pay."

A still more remarkable case, which seems to have hitherto escaped the research of Westminster Hall, remains to be noticed. It has to be premised that Sir E. Coke, whose unhappy domestic history seems to have tainted his judicial authority, and who in the case of women challenged by anticipation the maxim of Justice Probyn, led the Puritan Long Parliament to object to the examination of women before the House as witnesses, on the fanatical pretence out of Saint Bernard that "a woman ought not to speak in the congregation." Let this commentary precede and explain the case following. In 1640 occurred an election for the county of Suffolk, Sir Simonds D'Ewes being High Sheriff. The election began on Monday. "Upon to be Tuesday morning some women came sworne for the two Knights, and Mr. Robert Clerke did suddenly take them. &hellip; There were divers supravisers, but they found no fault with the clerkes in my hearing." Such are extracts from the notes of the proceedings reported by a certain Samuel Dunson, one of the "clerkes." Sir Simonds D'Ewes himself supplies the following:—"By the ignorance of some of the clerkes at the other table, the oaths of some single women were taken without the knowledge of the said High Sheriffe; who, as soon as he had notice thereof instantly sent to forbid the same, conceiving it a