>In "The Mayor of Casterbridge" a man sells his wife. Hardy, thinking
>that people would find this implausible, includes a footnote stating
>that this had actually happened in England, and recently. This book
>is about the man doing the selling, and how his regret shapes his
>life, but it is also about a world where this can happen. Not only
>does the man sell his wife, but a buyer is found, and nobody stops
>them. Even his wife accepts it.
There wasn't any method of divorce other than a private act of
parliament. Wife sales were mostly a quasi-legal consensual method of
ending a marriage. Most of the time the purchaser was an existing lover.
<
https://en.wikipedia.org/wiki/Wife_selling_(English_custom)>
Separation
Five distinct methods of breaking up a marriage existed in the early
modern period of English history. One was to sue in the ecclesiastical
courts for separation from bed and board (a mensa et thoro), on the
grounds of adultery or life-threatening cruelty, but it did not allow a
remarriage. From the 1550s, until the Matrimonial Causes Act became law
in 1857, divorce in England was only possible, if at all, by the complex
and costly procedure of a private Act of Parliament. Although the
divorce courts set up in the wake of the 1857 Act made the procedure
considerably cheaper, divorce remained prohibitively expensive for the
poorer members of society.[1] An alternative was to obtain a "private
separation", an agreement negotiated between both spouses, embodied in a
deed of separation drawn up by a conveyancer. Desertion or elopement was
also possible, whereby the wife was forced out of the family home, or
the husband simply set up a new home with his mistress. Finally, the
less popular notion of wife selling was an alternative but illegitimate
method of ending a marriage. The Laws Respecting Women, As They Regard
Their Natural Rights (1777) observed that, for the poor, wife selling
was viewed as a "method of dissolving marriage", when "a husband and
wife find themselves heartily tired of each other, and agree to part, if
the man has a mind to authenticate the intended separation by making it
a matter of public notoriety".
Although some 19th-century wives objected, records of 18th-century women
resisting their sales are non-existent. With no financial resources, and
no skills on which to trade, for many women a sale was the only way out
of an unhappy marriage. Indeed, the wife is sometimes reported as having
insisted on the sale. A wife sold in Wenlock Market for 2s. 6d. in 1830
was quite determined that the transaction should go ahead, despite her
husband's last-minute misgivings: "'e [the husband] turned shy, and
tried to get out of the business, but Mattie mad' un stick to it. 'Er
flipt her apern in 'er gude man's face, and said, 'Let be yer rogue. I
wull be sold. I wants a change'."
For the husband, the sale released him from his marital duties,
including any financial responsibility for his wife. For the purchaser,
who was often the wife's lover, the transaction freed him from the
threat of a legal action for criminal conversation, a claim by the
husband for restitution or damage to his property, in this case his
wife.
[1] In his 1844 judgement against a bigamist, at Warwick Assizes,
William Henry Maule described the process in detail. "I will
tell you what you ought to have done; ... You ought to have
instructed your attorney to bring an action against the seducer
of your wife for criminal conversation. That would have cost you
about a hundred pounds. When you had obtained judgment for
(though not necessarily actually recovered) substantial damages
against him, you should have instructed your proctor to sue in
the Ecclesiastical courts for a divorce a mensa et thoro. That
would have cost you two hundred or three hundred pounds more.
When you had obtained a divorce a mensa et thoro, you should
have appeared by counsel before the House of Lords in order to
obtain a private Act of Parliament for a divorce a vinculo
matrimonii which would have rendered you free and legally
competent to marry the person whom you have taken on yourself to
marry with no such sanction. The Bill might possibly have been
opposed in all its stages in both Houses of Parliament, and
together you would have had to spend about a thousand or twelve
hundred pounds. You will probably tell me that you have never
had a thousand farthings of your own in the world; but,
prisoner, that makes no difference. Sitting here as an English
Judge, it is my duty to tell you that this is not a country in
which there is one law for the rich and one for the poor. You
will be imprisoned for one day. Since you have been in custody
since the commencement of the Assizes you are free to leave."
This affirmation later contributed to the passing of the 1857
Act.
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