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Women, consumption and coverture in England, c. 1760–1860*

Published online by Cambridge University Press:  11 February 2009

Margot Finn
Margot Finn
Affiliation:
Emory University
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Abstract

Historians concerned to demonstrate women's increasing relegation to a private, domestic sphere in the later eighteenth and nineteenth centuries have emphasized the extent to which married women's opportunities were restricted by the common law practice of coverture, which deprived wives of the ability to enter into economic contracts in their own right. Yet social and cultural historians have argued that women played an essential role as purchasers in promoting the consumer revolution of these decades. This article explores the devices used by married women consumers to evade the strictures of coverture. Focusing on three overlapping practices – wives' willingness and ability to pledge their husbands' credit to purchase a wide range of ‘necessary’ goods, their use of this tactic to secure a degree of independence from unsuccessful marriages, and their active participation in the deliberations of a variety of small claims courts – it argues that the purchase of coverture in the sphere of consumption was partial and contested, rather than monolithic.

Type
Articles
Information
The Historical Journal , Volume 39 , Issue 3 , September 1996 , pp. 703 - 722
Copyright
Copyright © Cambridge University Press 1996

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References

1 ‘The folly of extravagant expenses after entering upon marriage’, in Anon., The matrimonial preceptor: a collection of examples and precepts relating to the married state from the most celebrated writers ancient and modern (London, 1765), pp. 117–21Google Scholar, citation from p. 118. In Veblen's analysis, wives' conspicuous consumption serves to demonstrate the leisure and thus status of their husbands. ‘With the disappearance of servitude, the number of vicarious consumers attached to any one gentleman tends, on the whole, to decrease’, he argues. ‘The dependent who was first delegated for these duties was the wife, or the chief wife; and, as would be expected, in the later development of the institution, when the number of persons by whom these duties are customarily performed gradually narrows, the wife remains the last…as we descend the social scale, the point is presently reached where the duties of vicarious leisure and consumption devolve upon the wife alone’ [Thorstein, Veblen, The theory of the leisure class, intro. Robert Lekachman (New York, 1979), pp. 80–1].Google Scholar

2 For the debate on women's contribution to the consumer revolution, see Neil, McKendrick, ‘Home demand and economic growth: a new view of the role of women and children in the industrial revolution’, in Neil, McKendrick (ed.), Historical perspectives: studies in English thought and society in honour of J. H. Plumb (London, 1974), pp. 152–210Google Scholar, and Lorna, Weatherill, ‘A possession of one's own: women and consumer behavior in England, 1660–1740’, Journal of British Studies, XXV (1986), 131–56Google Scholar. Amanda Vickery details the practice and social meanings of female consumption in England in ‘Women and the world of goods: a Lancashire consumer and her possessions, 1751–81’, in John, Brewer and Roy, Porter (eds.), Consumption and the world of goods (London, 1993), pp. 274–301, esp. pp. 274–8Google Scholar. Similar arguments regarding women's relations to consumer goods in Scotland are found in Stana, Nenadic, ‘Middle-rank consumers and domestic culture in Edinburgh and Glasgow 1720–1840’, Past and Present, no. 145 (11. 1994), pp. 122–56, esp. p. 129.Google Scholar

3 Cited in Anon., The matrimonial preceptor, p. 125.Google Scholar

4 See for example Catherine, Hall, White, male and middle-class: explorations in feminism and history (New York, 1992), esp. pp. 97, 119–20, 177, 195Google Scholar, and more broadly Leonore, Davidoff and Catherine, Hall, Family fortunes: men and women of the English middle class 1780–1850 (Chicago, 1987)Google Scholar. ‘Even in those cases where women had a direct financial stake in the family enterprise, their legal status prevented them from active partnership’, Hall and Davidoff argue. ‘It is not surprising that women were regarded as poor credit risks given their legal disabilities’, they conclude. ‘This general lack of commercial credibility was an important factor in the limited scale of women's business operations’ (pp. 277–8)Google Scholar. For the growing historiographical debate on the purchase of separate spheres ideology, see Amanda, Vickery, ‘Golden age to separate spheres?: a review of the categories and chronology of English women's history’, Historical Journal, XXXVI, 2 (1993), 383–414.Google Scholar

5 William, Blackstone, Commentaries on the laws of England (4 vols., Oxford, 1765–1769), I, 442Google Scholar. Blackstone was hardly the first legal writer to underline the legal disabilities of married women. The anonymous author of a much-cited treatise was equally emphatic at the beginning of the century. ‘A Feme Covert in our Books is often compared to an Infant, both being persons disabled in the Law, but they differ much; an Infant is capable of doing any Act for his own Advantage; so is not a Feme Covert’, he opined. Anon., Baron and feme: a treatise of law and equity concerning husbands and wives (London, 1738 edn), p. 8.Google Scholar

6 Kent, Susan Kingsley, Sex and suffrage in Britain, 1860–1914 (Princeton, 1987), p. 27Google Scholar; Shanley, Mary Lyndon, Feminism, marriage, and the law in Victorian England, 1850–1895 (Princeton, 1989), p. 8.Google Scholar

7 Fawcett, Millicent Garrett, What I remember (New York, 1925), p. 62Google Scholar. Much the same tone is conveyed in, for example, Frances Power Cobbe's tract on married's women's rights, Criminals, idiots, women, and minors: is the classification sound? (London, 1869).Google Scholar

8 See esp. Lloyd, Bonfield, Marriage settlements, 1601–1740: the adoption of the strict settlement (Cambridge, 1983)Google Scholar, and Susan, Staves, Married women's separate property in England, 1660–1833 (Cambridge, Mass., 1990).Google Scholar

9 Erickson, Amy Louise, Women and property in early modern England (London, 1993), pp. 150–1.Google Scholar

10 Maxine, Berg, ‘Women's property and the industrial revolution’, Journal of Interdisciplinary History, xxxiv, 2 (1993), 238, 242–3.Google Scholar

11 Tim, Meldrum, ‘A women's court in London: defamation at the Bishop of London's consistory court, 1700–1745’, The London Journal, XIX, 1 (1994), 1–20, citation from p. 15.Google Scholar

12 Ginger, Frost, ‘“I Shall Not Sit Down and Crie”: women, class and breach of promise of marriage plaintiffs in England, 1850–1900’, Gender & History, VI, 2 (1994), 224–45, citation from p. 240Google Scholar. Similar lines of argument for a somewhat earlier period inform the essays collected in Jenny, Kermode and Garthine, Walker, (eds.), Women, crime and the courts in early modem England (London, 1994).Google Scholar

13 Savage, Gail L., ‘“Intended only for the husband”: gender, class, and the provision of divorce in England, 1858–1868’, in Kristine, Garrigan (ed.), Victorian scandals: representations of gender and class (Athens, Ohio, 1992), pp. 26–8.Google Scholar

14 Lucia, Zedner, Women, crime and custody in Victorian England (Oxford, 1991), p. 1.Google Scholar

15 A list of debtors who have been received into the gaol of the county of Lincoln 1 Jan. 1810–April 1823, London, Public Record Office (P.R.O.), PCOM 2/309; Lancaster gaol debtors register 1792–97, London, P.R.O., PCOM 2/440; Lancaster Castle census, 1851, microfilm copy in Lancaster Reference Library. The figures for Lincoln were 7 women among 150 debtors; those for Lancaster were 5 women among 234 debtors in 1793 and 3 women among 109 debtors in 1851.

16 Zedner, , Women, crime and custody, pp. 318–19.Google Scholar

17 Anon., The laws respecting women; as they regard their natural rights, or their connections and conduct (London, 1777), p. 65Google Scholar; Roper, R. S. Donnison, A treatise of the law of property arising from the relation between husband and wife, with additions by Edward Jacob (2 vols., London, 1826 edn), I, 1Google Scholar; Bright, John Edward, A treatise on the law of husband and wife, as respects property (2 vols., London, 1849), I, 1Google Scholar; Thomas, Barrett-Lennard, The position in law of women (London, 1883), p. xxvii.Google Scholar

18 Anon., Baron and feme, p. 274.Google Scholar

19 Wharton, J. J. S., An exposition of the laws relating to the women of England; showing their rights, remedies, and responsibilities, in every position of life (London, 1853), p. 369.Google Scholar

20 Anon., The law of evidence (London, 1760), p. 183.Google Scholar

21 William, Salkeld, Reports of cases adjudged in the court of King's Bench (London, 1773), p. 19.Google Scholar

22 Anon., Laws respecting women, p. 66.Google Scholar

23 Anon., Baron and feme, p. 285Google Scholar. For other references to this case, see for example Salkeld, , Reports of cases, p. 118.Google Scholar

24 Anon., Baron and feme, p. 285Google Scholar. This case directly precedes that of the deserted wife of the ‘ordinary working Man’, serving to underline the socioeconomic distinctions to be observed in applications of the law of necessaries.

25 See the recent argument along these lines in Kent, D. A., ‘Gone for a soldier: family breakdown and the demography of desertion in a London parish, 1750–91’, Local Population Studies, XLV (1990), 27–42Google Scholar, and Pamela, Sharpe, ‘Bigamy among the labouring poor in Essex, 1754–1857’, The Local Historian, XXIV, 3 (1994), 139–44.Google Scholar

26 Lawrence, Stone, Broken lives: separation and divorce in England 1660–1857 (Oxford, 1993), pp. 59, 74–6, 317Google Scholar. This strategy was by no means infallible, as the ambiguity of the term ‘necessaries’ could also be used against errant wives. Mary Dineley, impoverished in 1737 by her efforts to use the law to harry her husband John, was convicted of conspiracy and sentenced to a year's imprisonment. She retaliated by accumulating debts for maintenance at the Golden Lyon Sponging House, where she entertained her friends and visitors lavishly. The court however dismissed the case in which her jailer sought to recover the debts from John Dineley, ruling that such extravagant expenses did not constitute ‘necessaries’ (ibid. p. 102). But even less affluent women could pursue this strategy with success. Thus a woman committed by her husband to a house of correction for debauchery in 1715 succeeded in securing his arrest for debts contracted during her six-day incarceration. Shoemaker, Robert B., Prosecution and punishment: petty crime and the law in London and rural Middlesex, c. 1660–1725 (Cambridge, 1991), p. 192.Google Scholar

27 Mary, Poovey, Uneven developments: the ideological work of gender in Mid-Victorian England (Chicago, 1988), p. 52.Google Scholar

28 Poovey, , Uneven developments, pp. 62–70Google Scholar provides a lucid summary of the separation; she notes Norton's early entanglement in debt litigation on p. 67. A trade protection society alerted its members to Norton's refusal to accept liability for her debts ‘as she is a femme covert’ in 1848. City of London Trade Protection Circular, 6 Oct. 1848.

29 Caroline, Norton, English laws for women (London, 1856)Google Scholar, in Hoge, James O. and Jane, Marcus (eds.), Selected writings of Caroline Norton (Delmar, NY, 1978), pp. 55–90.Google Scholar

30 For the Palace Court, see Buckley, W., The jurisdiction and practice of the Marshalsea and Palace courts, with tables of costs and charges (London, 1827).Google Scholar

31 Musselwaite v. Peel, 11 Aug. 1837, London, P.R.O., PALA 9/1/17. Significantly, this decision was rendered decades before legislation was passed giving magistrates' courts substantial powers to intervene in marital disputes. For this subsequent development, see George, Behlmer, ‘Summary justice and working-class marriage in England, 1870–1940’, Law and History Review, XII 2 (1994), 229–75.Google Scholar

32 Glazier v. Clarke, 10 Sept. 1841, P.R.O., PALA 9/1/21.

33 The Rev. Hales v. Clarke, 31 Aug. 1838, P.R.O. PALA 9/1/19.

34 The County Courts Chronicle, 1 Apr. 1858, p. 83.

35 Ibid. 1 Apr. 1858, p. 83.

36 This disability flowed directly from the suspension of the married woman's legal identity under coverture. As Thomas Peake explained, ‘no one can be a witness for himself; and it follows of course, that husband and wife, whose interests the law has united, are incompetent to give evidence on behalf of each other…and the law, considering the policy of marriage, also prevents them from giving evidence against each other; for it would be hard that the wife, who could not be a witness for her husband, should be a witness against him: such a rule would occasion implacable divisions and quarrels between them.’ Thomas, Peake, A compendium of the law of evidence (London, 1822 edn), pp. 169–70.Google Scholar

37 Ninth report of the inspectors appointed under the provisions of the Act 5 & 6 Will. IV c. 38, to visit the different prisons of Great Britain (Parl. Papers, 1844, XV), p. 54.Google Scholar

38 William, Hutton, Courts of requests: their nature, utility, and powers described, with a variety of cases, determined in that of Birmingham (Birmingham, 1787), pp. 256, 294.Google Scholar

39 Beale v. Ellis, 26 July 1843, Hertford, Hertfordshire County Record Office, Hertford sheriff's court records, SH3/2/2.

40 The County Courts Chronicle, 1 Sept. 1847, p. 63.Google Scholar

41 John, Cowburn, The suitor's guide to the new county courts: being a plain and familiar exposition of the act and rules of practice (London, 1847), pp. 10–11.Google Scholar

42 The County Courts Chronicle, 1 June 1847, p. 7.Google Scholar

43 The broader, extra-legal context of working-class wives' negotiations of family debts in a slightly later period is detailed by Ellen, Ross, Love and toil: motherhood in outcast London, 1870–1918 (New York, 1993), esp. pp. 40–55Google Scholar. Her one reference to wives' interaction with the county courts concerns a married woman's defiance of a debt collector's efforts to enforce a county court judgement against her husband. Repeatedly sent threatening letters by the agency, she tore them into strips and distributed them to her spouse as pipe lights (p. 81).

44 The County Courts Chronicle, 1 June 1847, p. 4.Google Scholar

45 Boston County Court Book, 1849–51, Lincoln, Lincolnshire Record Office (L.R.O.), AK16/4. The sampled months were March, June, September and December 1849. There were 67 labourers among the 165 male defendants, of whom 13 represented themselves and 16 were represented by their wives. (The remaining labourers failed to enter an appearance at all, thus rendering a judgement in favour of the plaintiff all but inevitable.)

46 Bow county court plaint and minute book, 1849–51, London, Greater London Record Office, CCT/AK 15/4. A total of 69 cases (22 per cent) were defended either by wives or by other female relatives.

47 The County Courts Chronicle, 1 Nov. 1847, p. 119.Google Scholar

48 Boston County Court Minute Book, 1849–51, L.R.O., AK16/4. The sampled months were Jan., April, July and Oct. 1850.

49 Ibid. Of the 26 shopkeepers' cases heard by the judge in Mar., June, Sept. and Dec. 1849, 22 were litigated by male shopkeepers, and 4 by a shopkeeper's wife.

50 Clitheroe county court: list of causes, 20 July 1847, Preston, Lancashire Record Office, CYC/1/29.

51 The County Courts Chronicle, 1 July 1847, p. 24.Google Scholar

52 In his analysis of crimes against property, Beattie finds that women were not only less likely to be convicted than men, but also that convicted women were more likely than men both to have their charge reduced and to be reprieved. Beattie, J. M., Crime and the courts in England 1660–1800 (Princeton, 1986), p. 438.Google Scholar

53 Poovey, , Uneven developments, p. 68.Google Scholar

54 The County Courts Chronicle, 1 September 1853, pp. 113–14Google Scholar. Norton's account with her coachmaker had extended from 1843 to 1850, a circumstance that suggests her considerable ability to command credit despite her marital difficulties (ibid. p. 113).

55 The case load of courts of requests was two to three times greater than that of London's superior courts in the early nineteenth century. See Brooks, C. W., ‘Interpersonal conflict and social tension: civil litigation in England, 1640–1830’, in Beier, A. L., Cannadine, David, AND Rosenheim, James M. (eds.), The first modern society: essays in English history in honour of Lawrence Stone (Cambridge, 1989), p. 374Google Scholar. For the county court statistics, see The County Courts Chronicle, 1 Apr. 1858, p. 73.Google Scholar

56 Philip, Jenkins, ‘Into the upperworld?: law, crime and punishment in English society’, Social History, XII, 1 (01. 1987), 96.Google Scholar

57 Paul, Johnson, ‘Class law in Victorian England’, Past and Present, no. 141 (11. 1993), pp. 157–8Google Scholar. While county court debtors were legally obliged to pay their debts in full, debtors owing more substantial sums could file for bankruptcy, and thus avoid both the seizure of their goods or persons and the full repayment of their debts. See ibid. pp. 159–60.

58 Hammerton, A. James, Cruelty and companionship: conflict in nineteenth-century married life (London, 1992), p. 6.CrossRefGoogle Scholar