Coverture and the Debtors' Prison in the Long Eighteenth Century
Authors
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Abstract
Abstract: Until the late nineteenth century, the activities of English women were curtailed by the common law doctrine of coverture. While previous scholarship has documented how wives were able to subvert coverture to trade independently of husbands, little has been observed on how third parties similarly minimised common law. Through debt imprisonment – a largely extrajudicial process – this article reveals how creditors could force property ownership on married women against their will. That imprisoned wives struggled to assert their coverture further reveals the inferiority of contemporary rigid interpretations of coverture compared with the pressing needs of commercial interests.
Publication Date
2021-12
Online Publication Date
2021-12-29
Acceptance Date
2021-09-24
Keywords
43 History, Heritage and Archaeology, 47 Language, Communication and Culture, 4303 Historical Studies, 4705 Literary Studies
Journal Title
Journal for Eighteenth-Century Studies
Journal ISSN
1754-0194
1754-0208
1754-0208
Volume Title
44
Publisher
Wiley