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Foreign News November 5, 1828

The Hillsborough Recorder

Hillsboro, Orange County, North Carolina

What is this article about?

In the trial of Nicholas Baker for murdering his wife, Mr. Justice Park ruled that husbands have no right to chastise their wives under English law. This is noted as the first positive decision on the matter in British courts, praised for promoting marital equality. A similar ruling was previously made in Philadelphia's court of common pleas.

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Full Text

From the London Morning Chronicle we have transcribed the trial of Nicholas Baker for the murder of his wife, mainly because, in the course of that trial, Mr. Justice Park declared that, from the books he had been able to collect, and upon his own knowledge of the principles of the law of England, he should say that not only the husband did not possess a right to correct his wife, like his children or his apprentice, but he possessed no right to chastise her at all.

We believe that this is the first positive decision to this effect that has taken place in the British courts; and, as such, is worthy of all possible publicity. Indeed, it is somewhat surprising that in a country possessing the civilization that exists in Great Britain, the courts have suffered the question so long to remain in uncertainty. The right to chastise a wife is not only savage and cowardly in itself, but destroys that equality without which matrimonial affection and harmony could not subsist. Its exercise ought, therefore, in the first place, to have been severely punished by the courts, and the law should have been unequivocally established.

In the only case within our recollection in this country, the court of common pleas of Philadelphia, some years ago, explicitly laid down the law, that the husband had no right to inflict chastisement on his wife. It is, in fact, disgraceful to man that the question was ever for a moment entertained.

Philadelphia Pennsylvanian.

What sub-type of article is it?

Judicial Ruling Marital Law

What keywords are associated?

British Court Decision Spousal Chastisement English Law Husband Rights Murder Trial

What entities or persons were involved?

Nicholas Baker Mr. Justice Park

Where did it happen?

England

Foreign News Details

Primary Location

England

Key Persons

Nicholas Baker Mr. Justice Park

Outcome

husband has no right to chastise wife under english law; first positive decision in british courts.

Event Details

During the trial of Nicholas Baker for the murder of his wife, Mr. Justice Park declared based on English law principles that a husband possesses no right to chastise his wife at all.

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