Legal antiquities : $b A collection of essays upon ancient laws and customs — John Shaqi
Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
This eccentric custom, known as “marriage in a smock,” in England, under
which a widow was married with nothing on but a “shift,” or “smock,” upon
the theory that her second husband would thereby escape liability for the
debts contracted by her former husband, was also followed in the Colonies.
This notion that a bride who lacked modesty, as well as money could
throw off her debts with her dress, by going to church in her smock or
under garment and thus let her creditors “shift” for themselves, finds
many examples in the English cases during the seventeenth and eighteenth
centuries.
On October 17, 1714, Anne Sellwood, of Chilters, All Saints, Wiltshire
and John Bridmore, were united in the holy bonds of matrimony and against
the record in the parish register occurs the memorandum: “The aforesaid
Anne Sellwood was married in her shift, without any clothes or head-gear
on.”[90]
In 1766 a Whitehaven bride also sought to attain the same end, by going
to church, as became any decent woman, undressing herself to her sole
under-garment for the ceremony and donning her clothes again as soon as
the knot was tied.[91] And it is recorded that somewhere between the
years 1838 and 1844, a Lincolnshire curate officiated at a wedding where
the bride stood before him, enveloped only in a sheet.[92]
While such attempts evidence a perhaps dishonest effort to evade the law
of debtor and creditor, these “smock-marriages” nevertheless evince a
most laudable inclination on the part of such bold brides to save the
purse of their intended husbands, so while modern husbands would not
appreciate the entire return to this now obsolete custom, they would not
object to the effort of brides, while decently clad, in emulation of the
spirit evinced by these ancient dames of the “shift marriage” period, of
using their best efforts to spare the pocket-books of the men of their
choice.
Alice Morse Earle, in her interesting volume, “Customs in old New
England,” refers to a “smock-marriage” at Westerly, Rhode Island.[93]
The traveler Kalm also describes such a marriage in Pennsylvania, in
1748, where the bridegroom, with the proper spirit of chivalry, in order
to save the appearance of his bride and also his credit, met the bride in
her scant drapery, half way between her house and his own, well provided
with warm garments which he dressed her in, after formally announcing,
in the presence of the assembled guests, that the wedding clothes which
he placed upon her belonged to him and were only loaned to the bride,
especially for the occasion.
Public-domain text, read in full here on John Shaqi.
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