Devonshire Characters and Strange Events

by S. Baring-Gould

NOTICE

This here be to hinform the publick as how James Cole be dispozed to sell his wife by Auction. Her be a dacent, clanely woman, and be of age twenty-five ears. The sale be to take place in the New Inn, Thursday next at seven o’clock.

In this case I do not give the name of the purchaser, as the woman is, I believe, still alive. I believe—so I was told—that the foreman of the neighbouring granite-works remonstrated, and insisted that such a sale would be illegal. He was not, however, clear as to the points of law, and he believed that it would be illegal unless the husband held an auctioneer’s licence, and if money passed. This was rather a damper. However, the husband was desirous to be freed from his wife, and he held the sale as had been advertised, making the woman stand on a table, and he armed himself with a little hammer. The biddings were to be in kind and not in money. One man offered a coat, but as he was a small man and the seller was stout, when he found that the coat would not fit him, he refused it. Another offered a “phisgie,” i.e. a pick, but this also was declined, as the husband possessed a “phisgie” of his own. Finally, the landlord offered a two-gallon jar of gin, and down fell the hammer with “Gone.”

I knew the woman; she was not bad-looking. The new husband drank, and treated her very roughly, and on one occasion she had a black eye when I was lunching at the inn. I asked her how she had hurt herself. She replied that she had knocked her face against the door, but I was told that this was a result of a domestic brawl. Now the remarkable feature in these cases is that it is impossible to drive the idea out of the heads of those who thus deal in wives that such a transaction is not sanctioned by law and religion. In Marytavy parish register is the following entry:—

1756. Robert Elford was baptized, child of Susanna Elford by her sister’s husband. She was married with the consent of her sister, the wife, who was at the wedding.

In this instance there is no evidence of a sale, but we may be sure that money did pass, and that the contractor of the new marriage believed it was a right and proper union, although perhaps irregular; and the first wife unquestionably believed that she was acting in observance of a legal right in transferring her husband to her sister. There are instances in which country people have gone before a local solicitor and have had a contract of sale drawn up for the disposal of their wives. The Birmingham police court in 1853 had to adjudicate on such a case, and the astounding thing in this instance was that a lawyer could be found to draw up the contract. It is no wonder that the magistrates administered a very severe reprimand. But there was a far earlier case than this, that of Sir William de Paganel; the lady stoutly and indignantly resisted the transfer and appealed against the contract to the law, which declared the sale to be null and void.

Mr. Whitfeld, in his Plymouth and Devonport, in Times of War and Peace, mentions a case that occurred at the former, but without giving the date, of one John Codmore, who was indicted for burglary and for having married without his father’s consent, and then tiring of his wife, having sold her for five pounds—which was a large sum as the price of wives went—to a miller. In December, 1822, the Plymouth crier announced to all and singular: Oh yes! Oh yes! that James Brooks was about to dispose of his wife by public auction. The lady was advertised as young and handsome, and as likely to succeed to an inheritance of £700.

Expectation was whetted by the intimation that the lady would attend the sale herself, that all might judge of her personal charm, and that she would be mounted on horseback. A curious and babbling crowd assembled to witness the transaction, and precisely at midday, according to the announcement, she rode up, attended by the ostler of the “Lord Exmouth.” The husband, James Brooks, officiated as auctioneer. The first bid was five shillings, then the sums offered mounted to ten and to fifteen; but none rose, and that slowly, over two pound. Whereupon the ostler called out “Three pounds,” and she would have been knocked down to him had not at this conjuncture a couple of watchmen intervened, one laying hands on the husband and the other on the wife, and escorted the pair to the Guildhall, followed by the rabble.