Edward Harris, Archives Assistant, writes for us about a rare document which gives us an insight into Victorian married life…
One of the advantages of working in the Searchroom is that you often find interesting items from our collections passing through your hands. One document which caught our eye recently is this ‘Certificate of Acknowledgement of Deeds by Married Women’, something which we have only a few examples of (D/DC 27/680/A).
These certificates, the earliest dating to 1833, are sometimes found attached to the deed to which they refer. They were created in a half attempt to right the centuries old wrong whereby on marriage all the property belonging to the wife became the property of the husband, meaning she effectively lost all control over its disposition or sale. Despite a common law requirement that she be a party to the deed of sale, it was generally held that the husband’s will always prevailed and abuses of that position were thought to be common.
In 1833 a clause in the Fines and Recoveries Act required that a woman selling property jointly with her husband would have to be interviewed separately by a public official, known as a commissioner, to certify that she was ‘of full age and competent understanding’, to confirm that she was not being forced into agreeing to the sale. The example above relates to the mortgaging of a property by Mr Henry Skingley and his wife Ann to one Thomas Batt. It was also noted on the original deed (D/DC 27/680) that this examination had taken place.
The Married Women’s Property Act of 1882 finally granted equal rights in property ownership to married women and simultaneously brought to an end the production of the certificates of Acknowledgement.
We have a small number of original certificates amidst our vast collection of deeds and lists of the commissioners for Essexcan be found in Q/RDm 3.