“It is not easy to over-estimate the importance of the questions involved in the present action. The decision may affect, in various ways, not only the interests of the pursuers, and of all who are similarly situated, but also the future welfare of the University, and indirectly the well-being of the community at large who are interested in securing the services of thoroughly educated and accomplished medical practitioners.

The Lord Ordinary has endeavoured to approach the consideration of the questions dispassionately, and free from all prejudices or prepossessions. He has also endeavoured to keep in view that his functions are merely judicial and not legislative, and that his duty is simply to declare and apply the law as it at present stands, and in no way to endeavour to amend it, however strong his convictions of what the law ought to be....

The importance of the question to the present pursuers, and to all ladies who, like them, may contemplate the practice of medicine as a profession, lies in this, that, by the provisions of the Medical Act of 1858 no one is entitled to be registered as a medical practitioner without possessing a medical degree from one or other of the universities of the United Kingdom, or a licence equivalent thereto from certain established medical bodies mentioned in the Act. A foreign or colonial degree is not available, and does not entitle to registration unless the holder thereof has been in practice in Great Britain previous to October 1858. Unless the pursuers, therefore, succeed in obtaining degrees, they will be practically excluded from the profession of medicine, for they are not in a position to demand licences from any of the authorised medical bodies, and it can scarcely be expected that they will prosecute their medical studies merely in order to be hereafter classed with empirics, herbalists or medical botanists, or with those who, in common language, are denominated quacks. Without legal registration under the Medical Act of 1858, the pursuers would be denied all right to recover fees; they would be incapable of holding any medical appointment; and they would be subject to very serious penalties if they so much as attempted to assume the name or title of medical practitioners.

It is a fact, whatever may be its effect in law, that no University in Great Britain has ever yet granted a degree to a lady. The Medical Register of Great Britain only contains the name of two female practitioners—Dr. Elizabeth Blackwell and Dr. Garrett Anderson. Dr. Blackwell obtained her degree in America, and, being in practice in Great Britain before 1858, she obtained registration in virtue of the exception in the Act. Dr. Garrett Anderson obtained a licence from the Apothecaries’ Hall, London, and is registered as such; but, since her admission, regulations have been made which prevent any other lady from hereafter obtaining a licence from the Apothecaries’ Hall. Accordingly the course pursued by Dr. Blackwell and Dr. Anderson is not open to any of the pursuers, and their only hope of being allowed to practise medicine in Great Britain rests upon their being able to obtain a degree from one or other of the Universities.

Practically, therefore, the questions are now raised for the first time, Can a lady obtain a medical degree? and, Is any lady to be allowed to practise in Great Britain?

The Lord Ordinary then discussed the case for the defenders, point by point: The first plea in law was the technical plea that “all parties are not called,” or, in other words, that the action should have been brought, not against the Senatus and Chancellor, but against the University as a whole.

This question, said the Lord Ordinary, should have been raised before the record was closed, and settled in limine. As a matter of fact, however, it was of little moment, as the Senatus and Chancellor were the only parties complained of,—it being assumed that the University as a whole was ready and willing to do its duty as soon as such duty was clearly defined. The Chancellor, indeed, had expressed this willingness so far as he individually was concerned, and, strictly speaking, he need not have been called as a party.

From the principle on which this preliminary plea was repelled, it followed that there was in the present action no attempt to impugn in the slightest degree the existing constitution of the University. Its existing regulations and ordinances must be taken as right, and the Senatus must simply be called upon to give effect to these as they stood.

The Lord Ordinary proceeded to make one or two observations of a general nature. He was clearly of opinion that, by the law of Scotland, there was no inherent illegality in women prosecuting the science of medicine, using the word in its largest sense, or in their engaging in the practice of medicine as a profession.... Indeed some branches of the profession were peculiarly appropriate to women and peculiarly inappropriate to men. For instance, in obstetric practice and in numerous diseases of women, a male practitioner was singularly out of place, and nothing but the deadening effect of habit would ever reconcile the community to that anomaly both in name and in reality, “a man-midwife.”

Keeping these preliminary observations in view, the Lord Ordinary proceeded to consider the constitution and regulations of the University of Edinburgh so far as they related to women:

I. It had been broadly maintained by the Counsel for the Senatus, in a very powerful and able speech, that the University of Edinburgh was founded and existed for males alone.

If this proposition were well founded, there was, of course, an end of the whole case. The Lord Ordinary, however, had felt himself quite unable to affirm this proposition, but had come ultimately, without any hesitation at all, to the conclusion that there was no foundation for this first and general contention of the defenders.

a. The charter gave no countenance to this supposition. The masculine noun or pronoun was used merely in conformity with ordinary brevity and simplicity of expression.

b. The fact that the Universities of Scotland were founded to a great extent upon the model of Bologna, etc., seemed to show that—as women were admitted to the Italian Universities—there could have been no original intention to exclude them from those founded in Scotland.

c. It was true that there was no recorded instance of a woman having taken her degree in Scotland, and this was an argument of some weight, perhaps considerable weight. If, however, the women had the right originally, that right would not be lost by the mere fact of non-usage. The right in their case was res merae facultatis, like a man’s right to build upon his own ground,—a right that is not lost though no building be erected for hundreds or thousands of years. To extinguish such a right there must be a contrary usage—a possession inconsistent with the exercise of the right—and that did not exist in the present case.

d. If there was no express exclusion of women and nothing necessarily leading to their exclusion, it seemed fair to fall back upon the inherent legality and appropriateness of the study and practice of medicine by women, and to infer that a medical school founded in the University could not have as one of its conditions the exclusion of the female sex.

e. Passing from such general considerations, the Lord Ordinary considered it quite conclusive of the whole question that, by regulations lawfully enacted by competent and sufficient authority, provision had actually been made for the admission of women to the study of medicine in the University of Edinburgh, and that actually detailed regulations had been made regulating their studies and examinations.

II. The Lord Ordinary was of opinion that the “regulations for the education of women in Medicine in the University” of Edinburgh, enacted by the University Court of 10th November, 1869, and approved of by the Chancellor on 12th November, 1869, were valid and binding in every respect, and formed an integral part of the constitution and regulations of the University as it at present existed. At the debate it was felt on both sides that these regulations formed almost the turning-point in the case, and the counsel for the Senatus, sorely pressed by them, had boldly challenged their legality, maintained that they were ultra vires of the University Court to enact, and had asked the Lord Ordinary to treat them as a nullity. Here again the Lord Ordinary thought the position taken by the Senatus was absolutely untenable.

The regulations in question were solemnly, after much discussion, after long consideration, and after due communication with the whole governing bodies of the University, enacted by the University Court, a body which had very large and almost legislative powers. The regulations were enacted with all the required statutory requisites. “Due communication” was had with the Senatus. The matter was submitted to and was duly considered by the University Council, and the regulations received the final sanction and approval of the Chancellor. The Senatus, the University Court and the University Council had all the benefit of the very highest legal skill and experience. Most eminent lawyers were members of all these bodies; and the Chancellor who put the seal of his approbation and sanction to the regulations held with universal acceptance the very highest judicial office in Scotland.... So satisfied had the Senatus been of the validity of the regulations, that they had actually applied to the enacting power—that is, to the University Court—to rescind them. The University Court had refused to rescind the regulations and they still stood part of the law of the University.

III. The Lord Ordinary was of opinion that the pursuers were entitled in substance to the declaratory decree which they demanded in the present action....

The right to medical graduation was really at the foundation of the whole of the present dispute. If the ladies had been content to study as mere amateurs—as mere dilettanti—it rather appeared that no question would ever have been raised. But their demand for degrees, and the announcement of their intention to practise as physicians, had aroused a jealousy which the Lord Ordinary was very unwillingly obliged to characterize as unworthy, and hence this strife.

The Lord Ordinary was of opinion, without any doubt at all that the proposal to withhold from successful or fully accomplished female students the regular degrees, and to give them instead mere certificates of proficiency was incompetent as well as unjust. The proposal was not unnaturally stigmatized by the pursuers as “a mere mockery.”

IV. All this, of course, had reference to the declaratory conclusions. Beyond that the Lord Ordinary could give no help. The first petitory conclusion asked that the Professors be directed to admit women to their ordinary classes; but this, as Lord Gifford pointed out, was more than the Senatus had power to do, and the University Court could only do it by altering regulations which the present judgment had assumed to be right. The University Court, however, had undoubted power to recognize extra-academical teachers; and—as teachers of unquestionable standing and ability were ready to give the pursuers instruction in separate classes—as, moreover, the University had only been held back by a doubt as to its own powers—the Lord Ordinary hoped that this solution would terminate the unfortunate controversy which had raged so long.


S. J.-B. records the result very briefly in her diary:

“Friday, July 26th. Lord Gifford’s judgment. Affirms declaratory conclusions, i.e. full rights,—denies petitory conclusions, i.e. says action so framed that he could not make order on Senatus.

Gloria tibi, Domine!

Substantially the whole cause won for all women, I believe.

His note too good to be easily set aside. May be fresh delay—hardly defeat.”

In any case it was a great and inspiring judgment,—almost enough to atone to S. J.-B. at the moment for all she had come through; for it must not be forgotten that the epoch-making enactments of November 1869, on which almost everything turned, had been won by her own bow and spear, practically before any other woman student had appeared upon the scene.[104] Well might she cry, “Gloria tibi, Domine!”

And within a few days a great pæan of rejoicing rang out over the land,—rejoicing that was to spread over the whole civilized world. Once more the postman was a delightful visitant. Indeed, as one reads the letters, one is fain to retract the dictum that this lawsuit was in any way devoid of dramatic interest.

The telegraph boy came first, with a characteristic message from Mrs. Kingsley:

“A thousand congratulations. How is R.C.”
“Eileanach,
Inverness.
July 31/72.

Dear Miss Blake,

A paragraph in the Daily Telegraph of the 30th made me surprise sitters-by, by exclaiming ‘Thank God,’...

It is almost too good news to be true, although those not versed in legal quibbles felt that your claim was both legal and equitable, and must, in due time, be conceded. Yet, I would thankfully learn that the case is ended, and that there is to be no appeal to keep it open longer.

I mean to be in Edinr. (Cockburn Hotel) on the 8th August, and will that day try to see and congratulate you on the blessed determination you have shown, all along, not to be put down by mere brute, unmanly force, but to compel justice to be done.

I am grieved that this should have cost you and your friends such shameful trouble and expense, but know, that this loss to you, will be the cause of myriads of dear women thanking God for having won a victory that will do more for their welfare and happiness, temporal and spiritual, than is now perceived but by a very few....

May God be with you and your friends, and speedily fill the land with true women like you, so that no woman may need to keep secret for an instant a single pain, because she can only tell it to men.

Very sincerely yours,
J. Mackenzie, M.D.,
Provost.”
“Wednesday, July 31.

Dear Miss Jex-Blake,

Will you allow me to add my hearty congratulations to those with which I doubt not you are now being overwhelmed, on the success of your brave and patient conflict with prejudice and injustice? I think the question is now practically settled.

Thanks for your kind letter.letter. I am very glad you liked St. Andrews. Believe me with much respect,

Yours very sincerely,
A. K. H. Boyd.”

The letter that follows is from one who was to become an invaluable champion.

“16 Wimpole Street.
July 27.

Dear Miss Jex-Blake,

Allow me to congratulate you most heartily on the decision of Lord Gifford, which establishes the rights of the lady students at Edinburgh.

I will do what I can to get your interesting little book noticed in the Lancet.

I do hope that the Conservative party in the profession will now have the sense to give way with a good grace.

Believe me, dear Miss Jex-Blake,
Yours very truly,
Francis Ed. Anstie.”

The next is in the shaky handwriting of an invalid:

My Darling,

I was so delighted to have your letter with the grand news. I had not dared expect anything so good. From my heart I thank God and rejoice. I feel so comfortably well, no aches or pains whatever. May God bless and prosper my darling.

Your loving Mother.

Shall I give a copy to Nurse of the book when we part?”

“Riffelberg.
July 30th. 1872.

My dear Sophy,

I am delighted to see in Times of 27th, just arrived, that Lord Gifford has given a judgment entirely in favour of yourself and the other lady students. I congratulate you heartily and only hope it is final.

I am here 8,400 ft. above the sea, having found it impossible to get fresh in England, ...

I hope your legal perils are over; and, though one has regretted that so much legal work prevented your own medical start, it has been well worth all you have gone through, or yet may go through, to open the Profession thoroughly to women.

As soon as you have completed your training, you have in my opinion nothing but success before you: and, within 12 months of settling in London as a properly qualified Physician, you will find it easy to make £2000 a year, and impossible to avoid doing a very large amount of good in making it....

Your affectionate brother,
T. W. J.-B.”

It was on the occasion of this visit to Switzerland that Mr. Jex-Blake made the acquaintance of Miss Agnes M‘Laren—on the top of the Eggishorn! It chanced one day that he ran down from the summit to assist a fragile little lady up the last steep climb, and, in the course of subsequent conversation, lent her a guide-book, in which, to her great surprise, she found the familiar name of Jex-Blake.

So the Eggishorn heard all about it.

Yes, friends were kind, and more than kind; but, as before, the “man in the street” rejoices one’s heart:

“Glasgow. 30th July, 1872.

Dear Lady,

I beg respectfully to convey my sincere thanks to you for the gallant stand which you have made against those parties whom I may term Medical Monopolists, and to express my delight at the success which have attended your efforts.

Your address and ability in thwarting the selfish purposes of said parties have endeared you to every liberty loving individual in the civilised world, and I sincerely hope you will long be spared to benefit suffering humanity by your experience and knowledge—knowledge which you have pursued under such tremendous difficulties, but the possession of which cannot fail eventually to raise you to the very pinacle of your professionprofession.

I am,
Yours very respectfully, ...”

The following lines, written and sent to S. J.-B. a few months later by a well-known Edinburgh citizen, may be taken as a sample of much clever and spirited doggerel on both sides of the question:

“I do rejoice, Miss Jex,
The gods have heard your Prex,
To vindicate your Sex,
By passing a new Lex,
Though that does sadly vex
Professor C., senex,
Who plays the part of Rex,
But may become an Ex,
Because he won’t annex
The females to his Grex.”

CHAPTER XV
PAYING THE PRICE

All through that autumn S. J.-B’s mind must have been simply seething with the manifold interests that claimed her attention.

“If anybody ever deserved a rest, you do,” writes Miss Stevenson, “and I most earnestly hope you will take a thorough one. I do not think any of us are able fully to realize the importance of Lord Gifford’s decision to all men and women in all time coming.”

“I am truly glad that something is definitely settled at last,” writes Miss Bovell from Paris, “and not least for your sake. I do trust you may have much less worry in future, though I fear the ‘separate classes’ will still prove a source of trouble. Perhaps some time hence the British Medical Profession, as well as the British Public, may be sufficiently advanced to throw aside the unscientific scruples which happily appear to have no existence here....

I suppose you will be going in for your Professional in October? I wish you all possible honours. I trust your mind is now sufficiently at ease for you to work at books, but you will take a holiday in the country first, will you not?”

The difficulty of arranging classes was so great that a good many of the students had scattered for the summer months. Mrs. Chaplin Ayrton, as well as Miss Bovell, was in Paris; Miss Massingberd Mundy and Miss Dahms had gone to Dr. Lucy Sewall at Boston, and Miss Pechey was working at the Lying-in Hospital in Endell Street.

“Oh, Lucy, I’m so tired of it all!” S. J.-B. had written to her friend a month or two before this. “When those children went to you a fortnight ago, I did so wish I could have gone and been rested and nursed for a few months!

But I’m sure you will see how utterly without choice I am,—that I must stay at my post as long as I can stand.

But I am getting more and more doubtful whether I myself shall ever finish my education. I think when once the fight is won, I shall creep away into some wood and lie and sleep for a year.

However all that is beside the question.”

A letter from Miss Pechey—written in September—takes a sterner tone than is her wont. After reporting about her work at Endell Street, she goes on:

“You have never told me how you are getting on with your exam. subjects; such silence is very ominous, and I’m afraid you haven’t been doing anything at them. You really must, if you intend to go up in October, for it is by no means child’s play getting up three such different subjects, and it would be simply awful if you went up and didn’t pass....”

Here the writer has obviously dried the ink, and sat looking at the space that remained, appalled, we may suppose, by the contingency she has called up.

“Don’t you like me to lecture you?” she concludes finally, and passes on to another subject.

There certainly were not many people who dared to ‘lecture’ S. J.-B. The mingled love and fear with which her juniors (and not her juniors only) regarded her scarcely comes out in the correspondence, though one gets more than a glimpse of it in the following letter from one of the two who went to Boston, the humourist and enfant gâtée of the little circle:

Dear Miss Pechey,

I write to you for several reasons, the one chiefly worth mentioning being that I want you to give some messages to Miss Jex-Blake, as, however busy you are, you are not likely to be so busy as she is, and therefore a letter is less waste of time to you. I believe though at the bottom of my heart that my real reason is that I am, even away from her, frightened of her. See how deep the feeling is. (The writer proceeds to relate a perfectly fantastic dream.)

Miss Jex-Blake, as you know, has written to Dr. Sewall, advising me to stay in Boston this winter; the Dr. is so good as to say she will keep me with her, and I am quite willing to stay, so unless my father and mother object, that is settled....

What joyful news that lawsuit news has been. I have had letters of rejoicing from many folks, but I declare I am chiefly glad for Miss Jex-Blake’s sake, and I hope now she sees some prospect of a quiet winter. Of course there is still much to do, but she has put a great piece of the road behind her. Is it not so? And I assure you the general question was becoming lost to sight by me in the particular one of her success and rest.

If Miss Jex-Blake comments on my hand, tell her I do write my copies, I do remember her rules, and only fall into this style when a little tired as at present....

I have seen now Dr. Sewall use forceps three times, and it is impossible to see anything prettier.... She uses any sort of instrument beautifully. I should like to see her conduct some large operation. I think well-done surgery is fascinating, and I never saw anyone handle an instrument so easily and so securely. I should feel safe whatever she was going to do to me or mine....”

Of course S. J.-B. saw the letter,—though the dream was a most audacious one—and it made her quite homesick for the old Boston life.

Dearest Lucy,” she writes,

“It“It is just a year since we parted, and I do so want to see you again. Miss —— makes me quite envious with her descriptions of her happiness in Boston and of the goodness of ‘my doctor.’ Will you come over with her in the spring?...

I am just going to set hard to work for 5 weeks in preparation for my 1st Professional Exam., which comes off about October 22nd. It would never do for me to be plucked! In fact I shall not go in unless I feel pretty well prepared when the time comes. Please thank Miss Call for her note to me, and tell her I wish she could have come to Edinburgh.”

She did set to work hard, but events could scarcely be called propitious. On the strength of Lord Gifford’s judgment, she was renting a small house to serve as a medical school, arranging for the winter’s course of teaching; and, especially, trying to get an Anatomy lecturer recognized by a body of men, who—rightly or wrongly—did not mean to recognize him. Meanwhile editors showed themselves increasingly glad to get her work—journalistic work—not only on subjects connected with her special struggle, but about anything that called forth her gift for clear and incisive writing: and all the money she could earn in this way was not only welcome, but actually needed to keep things going. Although she was extraordinarily economical, as we have seen, her generosity and her large and businesslike way of dealing with things always gave the impression of larger means than she possessed; and many appealed to her for help who would have been amazed to learn how narrow her margin was.

“I am glad of both your articles,” writes Mr. Russel about this time, “but the beginnings of both are de trop.

If I see a topic you would care to handle, I shall be prompt to let you know.”

“I am much obliged by your MS., which will duly appear as a leader tomorrow,” writes another editor.

Her book, too, was exciting no small interest, and the consequent letters, enquiries and reviews[105]—very lengthy reviews in some cases—were a preoccupation in themselves. Any day might bring the opening up of a new vista.

“Sept, 11th.

Darling Mother,

I have but a moment to send you a piece of news that I know will be very welcome, viz, that A Scotchman resident in India called on me last night, asked how matters were progressing, said the battle was being gallantly fought, and departed after stating mildly that he would send us ‘a thousand pounds at once and more if needed,’ that the fight might not fail for want of money! The money is worth a great deal, but the moral effect is almost more, as the man is an absolute stranger and cares simply for the principle.

Probably now we shall get a lot more.

Yours lovingly,
Soph.

His name is Walter Thomson, he had just read my book. (Not a bad 2s. 6d. worth, was it?)”

It is impossible to exaggerate the reverence—“respect” is too weak a word—with which S. J.-B. throughout life treated the money that came to her in this way. It was infinitely more precious to her than possessions of her own: and the amount of the donation made no difference. If it was not to be used immediately, it was invested with the greatest care and forethought; every penny was strictly accounted for; and no farthing expended on administration, or on any kind of work involved (railway journeys and so forth), was allowed to come out of the fund itself. There never were any “working expenses.” All that was done for love.

More gifts on this scale did not follow forthwith, but her lecture and the book that followed it were bringing in a return that was worth even more. They were arousing interest among men who might be able to assist the cause in a bigger way than had yet suggested itself.

“I wonder,” writes Miss Wolstenholme, “whether you are aware how deeply interested Mr. Stansfeld is in your question, and how warmly disposed to help you by legislation or in any other way.”[106]

There follow a number of suggestions as to the amendment of the Medical Act of 1858.


Meanwhile the University had appealed to the Inner House against Lord Gifford’s judgment, and—after hanging fire for long months—the case at this juncture became imminent.

It was in the midst of all this that preparation for the professional examination went on.

Of course the task ought not to have been a formidable one. S. J.-B. had done excellent class-work in the subjects required, and they had been simmering in her mind for years; but everyone who has watched the career of many students knows that that man stands the best chance of acquitting himself well who, having got his subject up, goes in for the examination straightway, before the natural process of selection and assimilation in his own mind emphasizes this item and discards that, as the case may be. The knowledge one wants for an examination is not the knowledge that becomes one’s working equipment for life.

The “last straw” for S. J.-B. was the distressing illness of a very dear friend in the course of those five precious weeks, and finally we come without surprise to the following entry in the diary:

“Sunday, Oct. 6th. Rather out of heart. I can’t get courage or sense for the Organic Chemistry, and must leave it till E. P. comes; and the Botany seems so desperately voluminous! My head seems tired,—I can’t make it work more than an hour or so at a time,... But somehow my fatalism makes me think I shall get through, when E. P. comes and quiets me,—she comes Thursday, 10th.”

“Oct. 11th. I’ve had such bother about Anatomy rooms, etc., and shall have to organize about Fund, etc.

Things seem to crowd on me so. And other people get such nice long holidays!—oh, dear! Well, as Robertson says, everything has its price....

Then H. [the Anatomy teacher]. The Court refused him flat on Monday, on ground of ‘no evidence of qualification’! He on Tuesday is to send in his diplomas and other testimonials, and I have to get them copied and printed, etc.

My own Botany stuck fast,—I nervous and shaky again,—feeling strength go out of me drop by drop.

If only the 22nd were well over!

E. P. came back yesterday, dear child,—so loving and good.”

At this point S. J.-B. breaks off to record the—very indifferent—achievements of the new students in their preliminary examination!

“Oct. 22nd. Professional Exam.... Did good paper in Nat. Hist.,—fair in Chemistry, poor in Botany. Went down to Falkirk to sleep.[107]

“Oct. 23rd. Came up for Practical Chemistry Exam. White Millar met me and worried me for [law] papers. Head dazed,—Crum Brown let me up [? off] till another day.”

Well, there is no use in “spinning out the agony.” S. J.-B. was rejected in her examination. With a mental endowment obviously far above the average in either sex, she found herself, after all these years of study,—so far as any practical result was concerned—absolutely at the foot of the ladder. She had nothing whatever to show for her work: she had failed in a test that almost any schoolboy can pass,—and the eye of the civilized world was upon her.

There is no denying that it was bad to bear, and the tragic part of the matter was that she could not bring herself to believe that—in the subject of Natural History at all events—her paper had been fairly treated. So many petty difficulties had been thrown in her way all along, so little magnanimity had been shown her by some of those in authority, that her fighting instinct rose almost automatically to the encounter. What could this be but simply one effort more on the part of the enemy to defeat her per omne fas et nefas?[108]

About this time Professor Huxley seems to have expressed to some mutual friend his sympathy with the women students; he had refused—quite definitely, but with obvious regret—to come to their assistance by examining their proposed Anatomy lecturer[109] when the University of Edinburgh refused to do so; and Miss Pechey now took upon herself the difficult task of asking his opinion upon the Natural History paper. It was a great venture from every point of view, and certainly shows how confident S. J.-B. was in her view of the case.

Vor den Wissenden sich stellen—” is an admirable motto, but the standard of examination in Natural History in Edinburgh at that time was certainly not the standard demanded by London now, and many a creditable Edinburgh student of those days might have cause to congratulate himself that he was not examined by Huxley.

“He was very kind about it,” writes Miss Pechey, “and I had a long talk with him. He thought it would be difficult for H. to get anyone to examine him, as even Ellis would not like to constitute himself an examiner. I think he has rather altered his idea of the honesty, etc., of the Edinr. Professors, but he said such conduct was inexplicable to him. However, although I expect he thought I’I’ was giving him a one-sided statement, I think he considers us the aggrieved party.

At first he would not look at the papers, but when he had asked me about them, he said he would look over the Natural History, and although he was very kind about it, his verdict was unfavourable. Of course I have no doubt that they would have passed a man on your paper, but still you must have them extra good before you can make any fuss about it....

I hope you won’t worry yourself about the papers, as I hope we shall have plenty of leisure so that we can go over the subjects again in a proper way: it would have been a wonder if you could have passed in the midst of all that worry.... God bless you, darling.”

As we know S. J.-B. had more worries on hand than the sore question of her examination papers. The Appeal in the famous case of Miss Jex-Blake v. the Senatus was really before the Court of Session now, and she was “up till past 12 revising the proofs” for the daily papers.

“Sunday, Nov. 3rd. Word from E. P. (who went to London Wednesday) that Huxley didn’t approve my Nat. Hist. paper. So fight for ‘pluck’ given up.

Poor Nelly O’B. lost her father a few weeks ago.”

Apparently she wrote to report progress to her brother the same day.

“The College,
Cheltenham. Nov. 4. 1872.

My dear Sophy,

You have come to the right decision without a doubt. Probably they were sharp upon you, but to prove injustice in an examiner is a hopeless task. They are evidently very bitter, and apparently not scrupulous; but to my mind that was not the point; for, in writing to you[110] I had only to consider what was the wise course for you; and it seemed to be exactly what I advised and what you have done.

I am very sorry, and so is Hetty, for the mishap and the loss of time: but you can turn it to benefit: and all’s well that ends well, as your cause will end certainly.

Your affectionate brother,
T. W. J.-B.”
“The Elms.
Monday, 4th November.

My precious Darling,

I am not all surprised, and so glad to hear that there is another opportunity in April. I had said I had no doubt they would floor you if they could. Your mind and time have been so engrossed that you cannot be very angry with yourself. I quite think I have felt for you more than you have for yourself....”

[The dear old Mother, with the sword in her heart!]

“I am getting on so nicely here. I hope you will not have any lawyers to consult with about other pressing matters, nor articles to write when you take up study for April. I shall like to know when you begin (probably not till February) that I may ask help where it is promised to be given. I hope my darling has a little breathing time now, and will take every care of herself, as I will of her baby.

Ever your loving Mummy,
Maria Emily Jex-Blake.

It is best for me to write little.”

Henry J. Wells 1862
Emery Walker ph. sc.

Maria Emily Jex-Blake
from a drawing in chalks by H. T. Wells R.A. 1862

Meanwhile enquiries poured in on every side. The following paragraph appeared in a well-known Weekly:

“The question of the admission of Women to medical degrees in Edinburgh University has been rather unexpectedly solved, at least for the present. Miss Jex-Blake, a foremost champion of the movement, has actually been ‘plucked’ in her examination and sent back to complete her scientific studies.”

This paragraph was cut out and sent to S. J.-B. by other papers and by many individuals as well, with a request for an explanation, or, as they graciously put it, “for the means of authoritatively contradicting it.”


Norfolk cousins who had been mildly loyal and sympathetic at a distance, were roused to positive incredulity. The delightful Sarah of the girlhood reverts to the old affection and the old playful names:

“Wimbledon.
Dec. 14th.

Dear Old Man,

I want you to write and tell me all about yourself, and why you did not pass your examinations. There must be a reason why you did not. I want you to tell me, for I hear all sorts of things, and want to know the truth. Send me a Scotch paper about you, for I never see anything in the English papers for or against you—only facts [!]...

Write to me like a good man.

Ever your affectionate,
S[arah] J.-B.

Yes, things were pretty black. So black that one is not in the least surprised to hear that at this time Miss M‘Laren decided to throw in her lot with the women students. Retiring and delicate though she was, the following letter written on one of her propagandist Suffrage tours, is evidence that she brought sufficient moral grit to the new life:

“Strachie, [?] Argyllshire.
Nov. 10th. 1872.

I wish so much that you could have joined us yesterday by balloon, so as to have had this delicious day in the country,—besides the pleasure of being together. The pure air would have refreshed you very much,—and it is so lovely. Yesterday it rained in torrents.... I was so glad you were not with us, for I found I had promised more than I could perform,—only a pleasant drive of two hours! Imagine our horror when we found that the steamer advertised to sail from Helensburgh to Dunoon was broken down and could not go,—and we were told that it would be impossible for us to manage the journey. Of course we had to find out a way to go, and it was to drive 3 miles, then to ferry, then to drive 4 miles, then to catch a steamer, then to have the 2 hours’ drive originally expected! ... and only to reach this at 7—half an hour after hour of meeting!

It was out of the question to put meeting off, for there was no telegraph, and the people had come 6, 8, or 9 miles. They knew something must have happened to delay us, and waited patiently. We had to hurry to the meeting, and found a large schoolhouse crowded with people, and some half dozen dogs, and dimly lighted by 8 candles! It was so funny! And they were so enthusiastic....

I have been thinking a great deal about joining you, and the conclusion I have come to is to tell Papa and Mama that I would like to try to study if they would give their consent.

If I felt I had a vocation for medicine, it would make me bolder, but you know that I cannot honestly plead that. On the contrary I have very grave doubts of my capacity for it, especially for the preliminary years of study, and they might very probably prove to be lost years....

No, the attractions to me would be a definite sphere, and an independent one, and being associated with you in work of any kind.

It would be a great happiness to me to be with you, and to believe that I was a help to you however small.

But then, I cannot but believe that you must before long have the greater help of having Miss Du Pre with you, and, in the meantime, till she can come, you may be sure I will be as much as possible with you.”

A delightful correspondence ensued between Miss M‘Laren and Miss Du Pre, who knew each other but slightly: