After the adultery trial was over, I learnt the law as to my children - that the right was with the father; that neither my innocence nor his guilt could alter it; that not even his giving them into the hands of a mistress, would give me any claim to their custody. The eldest was but six years old, the second four, the youngest two and a half, when we were parted. I wrote, therefore, and petitioned the father and husband in whose power I was, for leave to see them - for leave to keep them, till they were a little older. Mr. Norton's answer was, that I should not have them; that if I wanted to see them, I might have an interview with them at the chambers of his attorney. What I suffered on my children's account, none will ever know or measure. Mr. Norton held my children as hostages, he felt that while he had them, he still had power over me that nothing could control.

My youngest child, then a boy of eight year old, left without care or overlooking, rode out with a brother but little older than himself, was thrown, carried to the house of a country neighbour. Mr. Norton allowed the child to lie ill for a week - indeed to be at death's door - before he sent to inform me. Lady Kelly (who was an utter stranger to me) met me at the railway station. I said "I am here - is my boy better?" "No", she said "he is not better - he is dead." And I found, instead of a child, a corpse already coffined."

A married woman in England has no legal existence: her being is absorbed in that of her husband. Years of separation of desertion cannot alter this position. Unless divorced by special enactment in the House of Lords, the legal fiction holds her to be "one" with her husband, even though she may never see or hear of him.

She has no possessions, unless by special settlement; her property is his property. Lord Ellenborough mentions a case in which a sailor bequeathed "all he was worth" to a woman he cohabited with; and afterwards married, in the West Indies, a woman of considerable fortune. At this man's death it was held, notwithstanding the hardship of the case, that the will swept away from his widow, in favour of his mistress, every shilling of the property. It is now provided that a will shall be revoked by marriage: but the claim of the husband to all that is his wife's exists in full force. An English wife has no legal right even to her clothes or ornaments; her husband may take them and sell them if he pleases, even though they be the gifts of relatives or friends, or bought before marriage.

An English wife cannot make a will. She may have children or kindred whom she may earnestly desire to benefit; she may be separated from her husband, who may be living with a mistress; no matter: the law gives what she has to him, and no will she could make would be valid.

An English wife cannot legally claim her own earnings. Whether wages for manual labour, or payment for intellectual exertion, whether she weed potatoes, or keep a school, her salary is the husband's; and he could compel a second payment, and treat the first as void, if paid to the wife without his sanction.

An English wife may not leave her husband's house. Not only can he sue her for "restitution of conjugal rights," but he has a right to enter the house of any friend or relation with whom she may take refuge, and who may "harbour her," as it is termed, and carry her away by force, with or without the aid of the police.

If the wife sue for separation for cruelty, it must be "cruelty that endangers life or limb," and if she has once forgiven, or, in legal phrase, "condoned" his offences, she cannot plead them; though her past forgiveness only proves that she endured as long as endurance was possible.

If her husband take proceedings for a divorce, she is not, in the first instance, allowed to defend herself. She has no means of proving the falsehood of his allegations. She is not represented by attorney, nor permitted to be considered a party to the suit between him and her supposed lover, for "damages."

If an English wife be guilty of infidelity, her husband can divorce her so as to marry again; but she cannot divorce the husband a vinculo, however profligate he may be. No law court can divorce in England. A special Act of Parliament annulling the marriage, is passed for each case. The House of Lords grants this almost as a matter of course to the husband, but not to the wife. In only four instances (two of which were cases of incest), has the wife obtained a divorce to marry again.

Matrimony is a civil and indissoluble contract between a consenting man and woman of competent capacity....

A man and wife are one person in law; the wife loses all her rights as a single woman, and her existence is entirely absorbed in that of her husband. He is civilly responsible for her acts; she lives under his protection or cover, and her condition is called coverture.

A woman's body belongs to her husband; she is in his custody, and he can enforce his right by a writ of habeas corpus.

What was her personal property before marriage, such as money in hand, money at the bank, jewels, household goods, clothes, etc., becomes absolutely her husband's, and he may assign or dispose of them at his pleasure whether he and his wife live together or not.

A wife's chattels real (i.e., estates held during a term of years, or the next presentation to a church living, etc.) become her husband's by his doing some act to appropriate them; but, if the wife survives, she resumes her property.

Equity is defined to be a correction or qualification of the law, generally made in the part wherein it faileth, or is too severe. In other words, the correction of that wherein the law, by reason of its universality, is deficient. While the Common Law gives the whole of a wife's personal property to her husband, the Courts of Equity, when he proceeds therein to recover property in right of his wife, oblige him to make a settlement of some portion of it upon her, if she be unprovided for and virtuous.

If her property be under £200, or £10 a year, a Court of Equity will not interpose.

Neither the Courts of Common Law nor Equity have any direct power to oblige a man to support his wife,—the Ecclesiastical Courts (i.e., Courts held by the Queen's authority as governor of the Church, for matters which chiefly concern religion) and a Magistrate's court at the instance of her parish alone can do this.

A husband has a freehold estate in his wife's lands during the joint existence of himself and his wife, that is to say, he has absolute possession of them as long as they both live. If the wife dies without children, the property goes to her heir, but if she has borne a child, her husband holds possession until his death.

Money earned by a married woman belongs absolutely to her husband; that and all sources of income, excepting those mentioned above, are included in the term personal property.

By the particular permission of her husband she can make a will of her personal property, for by such a permission he gives up his right. But he may revoke his permission at any time before probate (i.e., the exhibiting and proving a will before the Ecclesiastical Judge having jurisdiction over the place where the party died.)

The legal custody of children belongs to the father. During the life-time of a sane father, the mother has no rights over her children, except a limited power over infants, and the father may take them from her and dispose of them as he thinks fit.

If there be a legal separation of the parents, and there be neither agreement nor order of Court, giving the custody of the children to either parent, then the right to the custody of the children (except for the nutriment of infants) belongs legally to the father.

A married woman cannot sue to be sued for contracts—nor can she enter into contracts except as the agent of her husband; that is to say, her word alone is not binding in law, and persons giving a wife credit have no remedy against her. There are some exceptions, as where she contracts debts upon estates settled to her separate use, or where a wife carries on trade separately, according to the custom of London, etc.

A husband is liable for his wife's debts contracted before marriage, and also for her breaches of trust committed before marriage.

Neither a husband nor a wife can be witnesses against one another in criminal cases, not even after the death or divorce of either.

A wife cannot bring actions unless the husband's name is joined.

As the wife acts under the command and control of her husband, she is excused from punishment for certain offences, such as theft, burglary, house-breaking, etc., if committed in his presence and under his influence. A wife cannot be found guilty of concealing her felon husband or of concealing a felon jointly with her husband. She cannot be found guilty of stealing from her husband or of setting his house on fire, as they are one person in law. A husband and wife cannot be found guilty of conspiracy, as that offence cannot be committed unless there are two persons.

When a woman has consented to a proposal of marriage, she cannot dispose or give away her property without the knowledge of her betrothed; if she make any such disposition without his knowledge, even if he be ignorant of the existence of her property, the disposition will not be legal.

It is usual, before marriage, in order to secure a wife and her children against the power of the husband, to make with his consent a settlement of some property on the wife, or to make an agreement before marriage that a settlement shall be made after marriage. It is in the power of the Court of Chancery to enforce the performance of such agreements.

Although the Common Laws does not allow a married woman to possess any property, yet in respect of property settled for her separate use, Equity endeavours to treat her as a single woman.

She can acquire such property by contract before marriage with her husband, or by gift from his or other persons.

There are great difficulties and complexities in making settlements, and they should always be made by a competent lawyer.

When a wife's property is stolen, the property (legally belonging to the husband) must be laid as his in the indictment.

She can acquire no property, but for the husband: the instant it becomes hers, even if by inheritance, it becomes ipso facto his... This is her legal state. And from this state she has no means to withdraw herself. If she leaves her husband she can take nothing with her, neither her children nor anything which is rightfully her own. If he chooses he can compel her to return by law, or by physical force; or he may content himself with seizing for his own use anything which she may earn or which may be given to her by her relations. It is only separation by a decree of a court of justice which entitles her to live apart without being forced back into the custody of an exasperated jailer.