SELLING A WIFE.

(Vol. vii., p. 429.)

The popular idea that a man may legally dispose of his wife, by exposing

her for sale in a public market, may not improbably have arisen from the

correlation of the terms _buying_ and _selling_. Your correspondent V. T.

STERNBERG need not be reminded how almost universal was the custom among

ancient nations of purchasing wives; and he will admit that it appears

natural that the commodity which has been obtained "per aes et libram"--to

use the phrase of the old Roman law touching matrimony--is transferable to

another for a similar consideration, whenever it may have become useless or

disagreeable to its original purchaser. However this may be, the custom is

ancient, and moreover appears to have obtained, to some extent, among the

higher orders of society. Of this an instance may be found in Grimaldi's

_Origines Genealogicae_, pp. 22, 23. (London, 1828, 4to.) The deed, by which

the transaction was sought to be legalised, runs as follows:

"To all good Christians to whom this writ shall come, John de Camoys,

son and heir of Sir Ralph de Camoys, greeting: Know me to have

delivered, and yielded up of my own free will, to Sir William de

Paynel, Knight, my wife Margaret de Camoys, daughter and heiress of Sir

John de Gatesden; and likewise to have given and granted to the said

Sir William, and to have made over and quit-claimed all goods and

chattels which the said Margaret has or may have, or which I may claim

in her right; so that neither I, nor any one in my name, shall at any

time hereafter be able to claim any right to the said Margaret, or to

her goods and chattels, or their pertinents. And I consent and grant,

and by this writ declare, that the said Margaret shall abide and remain

with the said Sir William during his pleasure. In witness of which I

have placed my seal to this deed, before these witnesses: Thomas de

Depeston, John de Ferrings, William de Icombe, Henry le Biroun, Stephen

Chamberlayne, Walter le Blound, Gilbert de Batecumbe, Robert de Bosco,

and others."

This matter came under the cognisance of Parliament in 1302, when the grant

was pronounced to be invalid.

Now, we may fondly believe that this transaction, which occurred five

hundred and fifty years ago, was characteristic alone of that dark and

distant period, and that no parallel can be found in modern {603} times (at

least in a decent class of society, and recognised by legal sanction) to

justify the lively French dramatists in seizing upon it as a trait of

modern English manners. A transaction, however, came before the public eye

a month or two ago, which, should you think the following record of it

worth preservation as a "curiosity of legal experience," may lead your

readers to a different conclusion:

"A young man, named W. C. Capas, was charged at the Public Office,

Birmingham, Jan. 31, 1853, with assaulting his wife. The latter, in

giving her evidence, stated that her husband was not living with her,

but was 'leased' to another female. Upon inquiry by the magistrate into

this novel species of contract, the document itself was produced in

court, and read. It ran as follows:

"'Memorandum of agreement made and entered into this second day of

October, in the year of our Lord 1852, between William Charles Capas,

of Charles-Henry Street, in the borough of Birmingham, in the county of

Warwick, carpenter, of the one part, and Emily Hickson, of Hurst

Street, Birmingham aforesaid, spinster, of the other part. Whereas the

said William Charles Capas and Emily Hickson have mutually agreed with

each other to live and reside together, and to mutually assist in

supporting and maintaining each other during the remainder of their

lives, and also to sign the agreement hereinafter contained to that

effect: now, therefore, it is hereby mutually agreed upon, by and

between the said William Charles Capas and Emily Hickson, that they the

said, &c., shall live and reside together during the remainder of their

lives, and that they shall mutually exert themselves by work and

labour, and by following all their business pursuits, to the best of

their abilities, skill, and understanding, and by advising and

assisting each other, for their mutual benefit and advantage, and also

to provide for themselves and each other the best supports and comforts

of life which their means and income may afford. And for the true and

faithful performance of this agreement, each of the said parties

bindeth himself and herself unto the other finally by this agreement,

as witness the hands of the said parties, this day and year first above

written."

Here follow the signatures of the consenting parties. The girl Hickson was

examined, and admitted that she had signed the document at the office of a

Mr. Campbell, the _lawyer_(!) who prepared it, and that his charge for

drawing up the same was, she believed, 1l. 15s. The latter promised her, at

the same time, that if the wife of Capas gave her any annoyance he would

put in that paper as evidence. The magistrates, considering the assault

proved, fined Capas 2s. 6d., and "commented in very strong terms on the

document which had that day been brought before them." (See _Birmingham

Journal_, Jan. 5th, 1853.) Has a similar transaction come before the notice

of your correspondents?

I may add that we are informed by the _Birmingham Argus_ for March, 1834,

that in that month a man led his wife by a halter to Smithfield Market in

that town, and there publicly offered her for sale.

Notes and Queries, Number 190, June 18, 1853 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 68 / 119 题