‘I’d sell my partner if anyone would purchase her’: spouse product sales in England

‘For my component we don’t realise why guys who ‘ve got wives and want that is don’t, should not be rid of ‘em since these gipsy fellows do their old horses…Why shouldn’t they put ‘em up and offer ‘em by auction to guys who will be looking for such articles? Hey? Why, begad, I’d sell mine this full moment if anybody 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. Close to the start of written guide, Michael gets drunk on rum-laced furmity (frumenty), and has now an argument along with his spouse, Susan. He chooses to sell Susan and their infant child, that are bought by a sailor for five guineas. Whenever Michael sobers up, the enormity of just just exactly what he’s done hits house; he realises he cannot get his spouse and child straight straight back, and swears down liquor for the following 21 years because of this.

The scene is shocking, no question, just what with Michael’s casual brutality, Susan’s misery, in addition to 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 with what is basically a fast no-fault divorce proceedings. Michael describes towards the onlookers that:

‘It’s an agreement to component. She shall use the baby|Thebaby shall be taken by her if she desires to, and get her means. I’ll simply just just take my tools, and go my means. ‘Tis simple as Scripture history.’

This brilliant scene raised an amount of concerns I set out to investigate for me, which. Did spouse product sales similar to this happen actually? If that’s the case, where so when had been they happening, and just why?

The primary problem ended up being that ahead of the 1857 Matrimonial forces Act, which put up civil divorce or separation courts, divorce proceedings was just when it comes to rich few. a personal bill had become passed away through Parliament before a few could divorce, that was expensive and needed the right governmental connections. For ordinary individuals, consequently, the primary choices following the break down of a wedding had been restricted to annulment, desertion, or separation (of which there have been numerous kinds).

That is where the spouse sale will come in. It absolutely was possible – though certainly not appropriate – for a guy to market their spouse, therefore renouncing all obligation on her. This technique of separation ended up being inexpensive, versatile, failed to include the courts, and permitted both ongoing events to remarry, in training if you don’t 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 a different man, but spouse product sales appear mostly up to now through the belated century that is 17th. Wife product sales might take spot publicly at auction, perhaps by having a buyer that is pre-arranged. Wives may additionally be offered without auction, in which particular case the ex-husband and husband that is new either proclaim the agreed sale in a general public destination (in order to create witnesses and allow the community understand of this 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 show their spouse, might enumerate her characteristics, and, when you look at the full situation of a auction, would necessitate bids through the assembled onlookers.

Depiction of the spouse purchase (1820)

Spouses could be offered for as low as a pint of alcohol (as at Selby in 1862), but may possibly also fetch somewhat more, as with a lady who had been offered in 1865 for Ј100, plus Ј25 for every of her kiddies. The price that is average probably someplace in the number of the few shillings. This is scarcely a life-altering amount for the ex-husband; most likely more crucial compared to the amount it self was the feeling that exchanging cash (or its equivalent that is alcoholic a wife purchase lawfully binding – which needless to say, it would not.

As soon as somebody had purchased the spouse, he along with his newly acquired spouse would generally walk down together. In a few circumstances its recorded that all parties resigned into the pub for the drink that is convivial moving forward. The ex-husband might then place down an statement using a paper towards the effect 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 for sale than we might assume, once the sale ended up being frequently agreed by shared permission. In reality, often things were organised so the customer ended up being the wife’s latin bride lover that is existing. In December 1849, the occasions reported just such an event in Yorkshire, explaining exactly how a person had arranged together with wife that she must be offered to her enthusiast – presumably much to her satisfaction. At a general public auction in town market:

‘After only a little competition that is spirited ended up being offered to her fan for 5 shillings and 9 pence. Before leaving along with her brand new spouse, the spouse snapped her fingers at her ex-husband and stated ‘There, good-for-nought, that’s more than you’ll fetch’.

Regardless if a spouse ended up being reluctant, but, she generally had the effectiveness of veto over any buyers that are particularly unsuitable. Hence in Manchester in 1824, ‘after a few biddings she the spouse had been knocked straight down for 5s; however liking the purchaser, she ended up being set up once again for 3s and a quart of ale’. It might seem that the viewing crowds had been generally speaking maybe perhaps not willing to notice a woman downered off entirely against her will. At one spouse sale in Dublin in 1756, a team of females rescued the wife, then offered her husband a mock test and put him when you look at the shares until very very early next early morning.

‘Selling a spouse’ – Thomas Rowlandson (1812-14)

Needless to say, some husbands that are unscrupulous took advantageous asset of this procedure. Spontaneous spouse product product sales had been specially problematic in this respect because ladies might be obsessed about a whim to strangers that are complete as in The Mayor of Casterbridge or an event in March 1766, in which a carpenter from Southwark offered their wife ‘in a fit of conjugal indifference in the alehouse’.

The top of and middle classes – because of the feasible exclusion associated with the second Duke of Chandos, whom evidently purchased their second spouse from an ostler – didn’t take part in or help spouse sales. There clearly was no right in English legislation to offer one’s spouse. In reality, the 1861 edition of Burn’s Justice regarding the Peace and Parish Officer states that ‘publicly attempting to sell or purchasing a spouse is obviously an offence’ that is indictable. Nonetheless, it is clear that some clergy and magistrates had been willing to turn an eye that is blind wife product product sales, if perhaps considering that the customized ended up being therefore ingrained in everyday activity. Numerous poorer, uneducated people sincerely thought into the validity that is legal of product product sales. Thus the scenario of a Stockport man taken on for bigamy in 1899, whom thought their very 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 reality, the customized wasn’t always as harmful to women as we might at very first assume. It enabled a female to flee a negative wedding without needing to show adultery or cruelty when you look at the courts; and when a woman’s brand brand new spouse ended up being a good guy, her life had been better than in the event that ex-husband had merely cast her away without a cent, as he was legitimately eligible to do.

Yet spouse product product product sales expanded less frequent into the nineteenth century, as wider public viewpoint slowly switched against them. Most likely this is in certain component as a result of the greater availability of breakup. The final record of the wife purchase was at 1913, whenever a female in Leeds alleged that her spouse had offered her to 1 of their workmates for Ј1.