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This book chronicles the breakdown of the marriage of Robert and Eliza Campbell, a couple living in Whitby, Ontario. Their case precipitated a six-year battle in the Ontario courts and the Parliament of Canada in the 1870s.In the Court of Common Pleas, Robert Campbell successfully sued the man he alleged had seduced his wife for criminal conversation, and Eliza Campbell successfully sued Robert’s brother James Campbell for defamation. Eliza Campbell failed, however, to get an order for alimony in the Court of Chancery. When this litigation was concluded, Robert Campbell petitioned Parliament for an Act of Divorce: the only way to get a divorce in Ontario before 1930. In 1876, he failed to persuade the Senate divorce committee that Eliza had committed adultery – the only ground for a divorce at that time – but Eliza succeeded in having an Act of Separation passed in her favour.I Did Not Commit Adultery is a detailed study of how the law governed married women in the latter half of the nineteenth century. Along the way, Jim Phillips reveals the operations of the civil courts, the forensic skills of leading members of the Ontario legal profession, constitutional law, and parliamentary divorce, which has never before been examined in detail by Canadian historians.
Jim Phillips is a professor emeritus of law and history at the University of Toronto.
Abbreviations and Short Forms Principal Members of the Byrne and Campbell Families Chapter 1 – Introduction Chapter 2 – The Town of Whitby, the Campbell and Byrne Families, and the Campbell Marriage to August 1873 Chapter 3 – Robert Campbell’s Separation from Eliza, August 1873 Chapter 4 – Eliza Campbell’s Ejection from the Family Home, September 1873 Chapter 5 – The Campbells Go to Court 1: Robert Campbell v. George Gordon for Criminal Conversation, 1873 Chapter 6 – The Campbells Go to Court II: Eliza Campbell (Robert Campbell et ux) v. James Campbell for Defamation, 1874 Chapter 7 – The Campbells Go to Court III: Eliza Campbell v. Robert Campbell for Alimony, 1874 -1875 Chapter 8 – Robert Campbell’s Petition for Divorce, 1876 Chapter 9 – The Senate Divorce Committee 1: The Case for Robert Campbell Chapter 10 – The Senate Divorce Committee 2: The Case for Eliza Campbell Chapter 11 – The Senate Divorce Committee 3: Counsels’ Speeches and the Committee’s Report Chapter 12 – Eliza Campbell’s Separation Bill in Parliament, 1877 Chapter 13 – An Interlude, 1878 Chapter 14 – Eliza Campbell’s Separation Bill in Parliament, Again – 1879 Chapter 15 – The Principals after 1880 – Winners and Losers Chapter 16 – Conclusion AppendicesAppendix 1: Eliza Campbell’s Petition to the Senate, 29 March 1876 Appendix 2: Eliza Campbell’s Separation Bill, 1877 Appendix 3: The Separation Act, 1879
Jim Phillips, Valerie Wright, Jim Tomlinson, University of Glasgow) Phillips, Jim (Professor in Economic & Social History, University of Glasgow) Wright, Valerie (Research Associate in Economic & Social History, University of Glasgow) Tomlinson, Jim (Professor of Economic and Social History