‘I’d sell my partner if anyone would purchase her’: spouse product product sales in England
‘For my component we don’t understand why males who have wives and want that is don’t, should not eliminate of ‘em since these gipsy fellows do their old horses…Why should not they put ‘em up and offer ‘em by auction to guys who’re looking for such articles? Hey? Why, begad, I’d sell mine this full moment if anyone would purchase her!’
Therefore claims the young farm labourer Michael Henchard, in just one of probably the most arresting passages in Thomas Hardy’s 1886 novel The Mayor of Casterbridge. Nearby the start of book, Michael gets drunk on rum-laced furmity (frumenty), and it has an argument along with his spouse, Susan. He chooses to sell Susan and their infant child, who’re purchased by a sailor for five guineas. Whenever Michael sobers up, the enormity of what he’s done hits home; he realises he cannot get their daughter and wife straight back, and swears down liquor for the following 21 years because of this.
The scene is shocking, no question, just exactly exactly what with Michael’s casual brutality, Susan’s misery, while the pervasive misogyny. Yet whenever it emerges that Susan normally quite keen to part means with Michael, i will be struck by there being something oddly modern in what is basically a no-fault divorce that is quick. Michael describes towards the onlookers that:
‘It’s an agreement to component. She shall simply take the baby|Thebaby shall be taken by her if she desires to, and get her means. I’ll just simply take my tools, and get my methods. ‘Tis straightforward as Scripture history.’
This brilliant scene raised a wide range of concerns I set out to investigate for me, which. Did spouse product sales such as this really take place? If that’s the case, where so when had been they place that is taking and exactly why?
The primary problem ended up being that prior to the 1857 Matrimonial forces Act, which put up civil divorce or separation courts, breakup had been just for the rich few. a personal bill had become passed away through Parliament before a few could divorce, that was expensive and required the right governmental connections. For ordinary individuals, consequently, the primary choices following the break down of a marriage were restricted to annulment, desertion, or separation (of which there have been various kinds).
This is when the spouse purchase will come in. It absolutely was that is possible not appropriate – for a person to market their spouse, thus renouncing all obligation on her. This technique of separation had been inexpensive, versatile, failed to involve the courts, and permitted both ongoing events to remarry, in training or even in legislation.
‘Selling a Wife into the Highest Bidder’ (1816)
There is certainly an archive from as soon as 1302 of a person giving their spouse by deed to some other guy, but wife product product product sales appear mostly up to now through the belated century that is 17th. Wife product sales could just take spot publicly at auction, possibly having a buyer that is pre-arranged. Spouses may also be offered without auction, in which particular case the ex-husband and brand new husband would either proclaim the agreed sale in a general general public destination (to be able to create witnesses and allow the community understand associated with the modification) or concur in personal, possibly culminating in a written contract.
A wife would typically be led to a public place such as a market or an inn, with a halter around her arm or neck, just like a piece of livestock in the case of public sales and auctions. The spouse would display his spouse, might enumerate her characteristics, and, into the instance of an auction, would necessitate bids through the put together onlookers.
Depiction of a spouse purchase (1820)
Spouses may be offered for as low as a pint of alcohol (as at Selby in 1862), but may possibly also fetch significantly more, as with a female who was simply offered in 1865 for Ј100, plus Ј25 for every single of her young ones. The typical cost had been probably someplace in the product range of a few shillings. This is scarcely a life-altering amount for the ex-husband; most likely more crucial compared to the amount it self ended up being the sense that exchanging cash (or its equivalent that is alcoholic a wife sale legally binding – which needless to say, it didn’t.
As soon as somebody had purchased the spouse, he along with his newly acquired spouse would generally together walk off. In certain instances it really is recorded that all parties resigned towards the pub for a drink that is convivial shifting. The ex-husband might then place an announcement out via a magazine towards the impact which he wouldn’t honour any debts which their former spouse might contract.
‘Sale of the Wife in Smithfield Market’ (1797)
Spouses probably objected less to offered than we might assume, given that purchase had been often agreed by shared permission. In reality, often things were organised so the customer had been the wife’s current enthusiast. In December 1849, the days reported simply such an incident in Yorkshire, explaining exactly how a person had arranged along with his spouse that she must certanly be offered to her fan – presumably much to her satisfaction. At an auction that is public the city market:
‘After only a little competition that is spirited ended up being offered to her enthusiast for 5 shillings and 9 pence. Before making along with her brand new spouse, the spouse snapped her hands at her ex-husband and stated ‘There, good-for-nought, that is more than you’ll fetch’.
No matter if a spouse had been reluctant, but, she generally speaking had the effectiveness of veto over any buyers that are particularly unsuitable. Therefore in Manchester in 1824, ‘after a few biddings she the spouse had been knocked straight down for 5s; not liking the buyer, she ended up being set up once once again for 3s and a quart of ale’. It could appear that the crowds that are watching generally perhaps perhaps perhaps not ready to notice a woman offered down totally against her will. At one spouse purchase in Dublin in 1756, a team of ladies rescued the wife, then provided her husband a mock test and put him into the shares until very very early next early morning.
‘Selling a spouse’ – Thomas Rowlandson (1812-14)
Needless to say, some unscrupulous husbands probably took benefit of this technique. Spontaneous spouse product product sales had been specially problematic in this respect because ladies could possibly be sold on a whim to complete strangers, like in The Mayor of Casterbridge or an event in March 1766, the place where a carpenter from Southwark offered their spouse ‘in a fit of conjugal indifference during the alehouse’.
The top of and middle classes – with all the feasible exception associated with the second Duke of Chandos, whom evidently purchased their 2nd wife from an ostler – didn’t be involved in or help spouse product product product sales. There was clearly no right in English law to offer one’s spouse. In reality, the 1861 version of Burn’s Justice of this Peace and Parish Officer states that ‘publicly offering or purchasing a spouse is obviously an offence’ that is indictable. However, it is clear that some clergy and magistrates were ready to turn a blind eye to spouse sales, if perhaps due to the fact customized had been therefore ingrained in everyday activity. Many poorer, uneducated people sincerely thought when you look at the validity that is legal of product sales. Thus the situation of a Stockport man taken on for bigamy in 1899, whom thought their very first spouse had no claim he had sold her 30 years previously ‘for 1s on him as. 6d. to a chimney sweep at brand New Mills’.
Ann, Duchess of Chandos, who had been supposedly purchased from an ostler
Plus in fact, the custom ended up beingn’t always as detrimental to women even as we may to start with assume. It enabled a lady to flee a poor marriage without needing to prove adultery or cruelty when you look at the courts; and when a woman’s brand new husband ended up being a significant guy, her life had been better than in the event that ex-husband had just cast her away without a cent, while he had been lawfully eligible to do.
Yet spouse product product sales expanded less frequent within the 19th century, as wider general public viewpoint slowly switched against them. Most likely this is in a few right component as a result of the greater option of breakup. The final record of the spouse purchase was at 1913, whenever a lady in Leeds alleged that her spouse had offered her to at least one of their workmates for Ј1.
Further reading
19th century newsprint clippings wife that is regarding can be obtained with this website
The Gentleman’s Magazine, April 1832 (see p. 347 for the Duke of Chandos’ wedding)
The Mayor of Casterbridge, by Thomas Hardy (at undertaking Gutenberg)