P&P200: Marriage Settlements
Imagine a world in which marriage meant, quite literally, transfer of property from a woman to her husband. Now imagine that Lizzie, through clever management of her money, had managed to put together a small sum of money she intended to use to buy herself a small cottage. Then she married Mr. Collins.
The moment she pronounced the words “I will,” and signed that Church register, the money would no longer be hers. If Mr. Collins chose to use up every penny of it to buy gifts to give to his patroness Lady Catherine, he could do so. The money, from that moment, was his, as was every little thing Lizzie owned, except for some personal effects, or what was called “paraphernalia.”
Of course, we know that Lizzie didn’t save up any money. The only money that she “owned” was her share of Mrs. Bennet’s own marriage settlement — the £5000 settled on her and her children. And luckily, Lizzie didn’t marry Mr. Collins. By marrying Darcy, she was assured of a very comfortable lifestyle. Mr. Darcy would shower her with money. He would buy her jewelry. He would make sure she lacked nothing.
But supposing Mr. Darcy was out on the hunt, and his horse fell into a ditch, and very tragically Dary fell and broke his neck :Cry: – not an uncommon thing in those days – all before Lizzie had conceived a son. Or if Lizzie, like Mr. and Mrs. Bennet, produced five girls and no son. What then?
Then Pemberley and everything in it, including all the jewelry Mr. Darcy bought her, would go to Mr. Darcy’s heir. In The Other Mr. Darcy, the heir is Robert Darcy, an American cousin. If Robert had taken over the estate, Lizzie would have to move back to Longbour
n, of course. Like the in the case of the Dashwoods, where Mrs. Dashwood, Elinor, Marianne and Margaret were at the mercy of a verbal promise made by John Dashwood on his father’s deathbed, very quickly forgotten. Robert Darcy and his wife (if you’ve read the novel you’d know who that is, but no spoilers here) would move in and Lizzie would need Robert’s permission if she wanted anything at all from the household. Even the China set that Lady Catherine gave them as a wedding gift would belong to Robert.
Unless she had a Marriage Settlement.
Now don’t get me wrong. Lizzie would never, under any circumstances, be entitled to inherit Pemberley, any more than Mrs. Bennet or any of her daughters were entitled to inherit Longbourn. The heir to an estate like that had to be male. Being a gentleman by definition meant being part of the landed gentry. You couldn’t split up the land into portions because that would remove your basic source of income.
The bottom line was, as long as a woman was married and her husband was alive, any money she had received before or after the marriage was his by law. A marriage settlement was her only guarantee of owning anything at all in the event of her husband’s death.
A marriage settlement would most likely assign her the following:
1. Pin money. Mr. Darcy would sign an agreement that he would give her a certain amount of money a year as “pin money,” money that would be hers – separate from money to be spent on housekeeping – her pocket money, so to speak.
2. Her dowry could be held “in trust” which meant it would be kept intact and revert to her upon her husband’s death. So Lizzie’s dowry – her share of Mrs. Bennet’s money – would be hers if Mr. Darcy died.
3. Any money held in trust could be passed down to her children, particularly if they were girls, though of course Mr. Darcy’s daughters would be entitled to inherit anything unentailed from their father.
4. She may be entitled to “dower” money, a certain amount of money from the estate after Mr. Darcy’s death. The marriage settlement would specify how much.
5. The settlement would specify what she would receive in the event of remarriage.
This is why the first thing Mr. Gardner when Lydia and Wickham are to marry is arrange a marriage settlement. He writes to Mr. Bennet:
I am happy to say there will be some little money, even when all his debts are discharged, to settle on my niece, in addition to her own fortune.
Of course, we know there wouldn’t have been any money to settle on her, if it were not for dear Mr. Darcy. As we find out from Mrs. Gardner’s letter to Lizzie, it was Darcy who arranged for Wickham’s debts are to be paid “amounting, I believe, to considerably more than a thousand pounds, another thousand in addition to her own settled upon her, and his commission purchased.”
Lydia is more than fortunate to have Darcy given her some legal protection. This is something to bear in mind because if poor Georgiana had eloped with Wickham, she would have had no legal recourse at all. Wickham would have taken everything she owned, and she would have been left stranded if something happened to him. From being a rich heiress she would have become a pauper, because we can be almost certain he would have gone through her fortune in the blink of an eye. What a terrible mistake for a fifteen-year-old to make!
But to come back to Lizzie — there could be no doubt that Mr. Darcy would be very generous in any settlement on Lizzie. After all, as we know, he was madly in love. I’m just the tiniest bit curious, though, aren’t you?
Monica Fairview
Author of THE OTHER MR DARCY, featuring flying sparks between Caroline Bingley and Darcy's charming American cousin and THE DARCY COUSINS, featuring defiance and misunderstandings as Darcy's sister Georgiana takes a few lessons from her fiesty American cousin about love and romance. My traditional Regency Romance, An Improper Suitor, has just been released on Kindle.
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The Writers Block
It’s scary to think how little control women had back then. Fortunately for Lizzy, even if she didn’t receive dower money (which of course Mr. Darcy would have provided for), we all know that Mr. Robert Darcy is a very decent sort and wouldn’t kick her out penniless. Mrs. Robert Darcy, of course, might very well have her eye on that china set, especially if it is particularly lovely….
Oh yes, Mr. Robert Darcy wouldn’t be so heartless, but as you say, someone else might have other ideas…
I love this blog post
It is interesting how different lizzy life and money issues would have been if she went with mr. collins, mr. wickham. I am glad she went with Mr. Darcy.
Thanks Patricia — it’s hard for us to imagine how crucial all this was, isn’t it?
My first reaction is thank goodness I live in modern times. All the worry over heirs, dowries and the right match makes perfect sense if a girl had to live in those times. Hey, Mrs. Bennet even makes sense. ;D
I enjoyed your post, Monica. I enjoyed your Robert Darcy story too.
Sophia — lovely of you to say so.
The thing is, much as we like to malign Mrs. Bennet, she was trying to be practical. With five girls to worry about she had to make sure at least some of them were going to be out of the house. There simply wasn’t enough money for them to live on, once Mr. Collins inherited Longbourn. Of course Mr. Bennet was dismissive, but it was a very real problem.
One would hope he would see fit to look after her
I’m sure Darcy would do the right thing, blodeuedd. If he could settle money on Lydia, I can’t imagine he’d hold back in Lizzie’s case!
It was terrible to be a woman in those times. I have money in saving with just my name that is at my discretion from when I was single. I would pissed to hand it over to my husband.
You wouldn’t have had the choice in those days, SuzeJA. Awful to contemplate, but fortunately we’ve come a long way since then. Jane Austen felt it strongly. Two of her novels feature entails and the consequences for the women.
I would hope and assume that Mr D would look after her very well in that respect. So it was impossible for Pemberley to pass to a female child of the Darcys, or just highly unlikely?
We have to look at the case of Lady Catherine and Anne. Anne was an heiress in her own right. Lady Catherine says to Lizzie: “Your father’s estate is entailed on Mr. Collins, I think. For your sake,” turning to Charlotte, “I am glad of it; but otherwise I see no occasion for entailing estates from the female line. — It was not thought necessary in Sir Lewis de Bourgh’s family.” I’m not sure of all the implications here, but I would assume she means that the de Bourghs have enough possessions that one estate wouldn’t make any difference to the family status — there were plenty of others. Pemberley is a grand estate — it would certainly supply a living for Mr. Darcy and all his dependents (servants, tenants, etc.). He would want to keep it in the Darcy family because if it went to Georgiana, she would marry and it would pass on to her husband and out of the family, which is the basic problem here to start with. It wouldn’t be hers in any case.
What depressing circumstances. Of course we know that Jane herself suffered from a woman’s lack of rights in the time period. I truly believe that Mr. Darcy, being the type A personality he was, would have ensured that both Lizzie and Georgie would have been looked out for. After Wickham’s evil and Lady Catherine’s behavior I have no doubt he would make sure no one hurt either girl.
Poor Jane — she really did suffer, but she also made the choice not to marry even though she had the opportunity to marry quite comfortably, so she wasn’t like Charlotte Lucas. Clearly she valued her independence. Still, it wasn’t easy having to rely on others, especially after Henry lost his money.
This is very interesting!
Thanks, Julie!
This is a great pause and certainly gives one pause. We are very fortunate indeed to have control of our own money, property and ourselves. However, there are still countries today where women still do not have these rights.
On a lighter note, Mr. Darcy would ensure that his Elizabeth and Georgiana would have more that sufficient settlements. As to ‘the other Mr. Darcy’ he would have provided for Elizabeth and Georgiana and I think in the long run his Mrs. Darcy would have come round to his way of thinking…
I meant a great post!
Thank you, Carole.
Oh, absolutely, the “other Mr. Darcy” was quite capable of bring his wife round to his point of view. I was presenting it hypothetically
I always wondered about Emma. She says she never intended to marry because she didn’t need to. What then did she intend to do? Think she would inheirit? Live at Hartfield until one of the nephews came of age and then be his live-in doting maiden aunt? We’ve come a loonnnggg way in 200 years. I am very thankful that my destiny is in my hands!
We know that Emma was an heiress, and clearly she didn’t want to marry and lose that independence. She could have inherited through her mother, of course, through a marriage settlement, again. Would have to check the novel to see if JA gives more details.
Darcy would have made sure that he had taken care of Elizabeth. I am curious though as to what exactly it was.
Me, too, Danielle C!
Actually, I have read in several different places that if land was untitled (as Pemberley would have been since Mr Darcy was an untitled gentleman) it could have gone to a female offspring if unentailed. Entailments of the strictly male sort were there but were not as common as may be implied in P&P. In fact, it was titled lands (those associated with Dukes, Earls, etc) that predominantly had to stay in the paternal line (although there is evidence that even titled lands sometimes passed through the daughter who then passed on the title and the land to her eldest son). The Bennets truly were just very unlucky. In Emma, for example, the land would have been split equally between Isabella and Emma. That’s why Emma could do as she pleased. And in S&S, the dude who inherited was their father’s oldest son. It wasn’t like the house was going to a cousin or anything. And dad thought his son would take care of his half-sisters. With many of the grand estates, if the land was to go to a daughter, the rule was that her husband would have to take the family name. For example, if D&E only had female offspring, Darcy could leave it all to his eldest daughter with the stipulation that if she married, her husband and all their offspring must take the Darcy name. So, yeah, I think Anne de Bourgh is an example that shows that untitled land could just as easily go to the female. And we know from the way he was addressed, that Sir L de Bourgh was probably a Knight (meaning his land was not titled – he earned his knighthood in the same manner as Sir W Lucas, by doing something for the crown – and the title did not go with the land, but died with him). Anyway, so de Bourgh’s property was neither titled nor entailed and he opted to will it to his daughter upon his death — not as strange as many would like to believe.
The title was very important, Lisa S, but the situation of the landed gentry was very precarious — if a gentleman had no means of self-support, then he would have to work, and would cease to be a gentleman. The very concept of landed gentry implied land and self-sufficiency through rents, tithes, and whatever the land produced. The moment the land got divided up and the house sold, where was the support going to come from? You ceased, by definition, to be a gentleman, and few people were willing to give up having that in the family. Plus the family would die out because of course whatever the women inherited would go to their husbands and out of the family. It would make sense to entail the land otherwise it would get divided into smaller and smaller bits which wasn’t in anyone’s interest. Looking at from that perspective, it made no sense to have the women inherit the main seat. But of course if there were other properties that wouldn’t be such a problem.
PS — as for taking on the family name, not all gentlemen would want to give up their own family to take on someone else’s. Why would they? By law they would own their wife’s property anyway — she didn’t have any choice in the matter. It would only work if he was of lower status.
Actually, it was a *very* common practice for people to take on other names for the sake of inheritance — Frank Churchill of Emma being an example from Jane Austen’s literature. The Churchills, a wealthy landed couple, had no children of their own, so they ‘adopted’ (a very lose term at the time meaning they gave Frank Weston their name) Frank (the woman’s nephew) for inheritance purposes. Since the Churchills, like most people of the time, were not subject to entailments, they could choose their heir and they chose Frank. As I said, entailments were much less common than many believe and most families of wealth could leave their fortunes however they wished — excepting families with landed titles. You are right, the general practice was to keep it all in one place to maintain power and wealth, but property could go through the oldest female just as well as the oldest male, or split if the family wished. In many cases, it was up to the person with current rights to the land and they could spread their inheritance around as they chose.
Very interesting and informative. Thank you.
Thanks, Cherri T.
To think people these days tend to frown on pre-nups when in actual fact the are just practical and there to protect the interests of the two parties, much like these marriage settlements protected the party that had the most to lose from the marriage ending. Take it from someone currently going through a divorce – I wish I had had a marriage settlement in place which took all the arguing and uncertainty out of the marriage ending !!!
Aha — it does simplify matters, doesn’t it, Kat. Everyone knows exactly what their legal status is with a pre-nup.
Of course Darcy would have been very generous! Women were, so often, at the mercy of family. Great post!
At the mercy of family first and then husband, BeckyC. But of course we know she wouldn’t have to worry about this in the case of Darcy.
This (post & comments) is extremely informative and interesting!! I have a question tho, (and of course, I cannot think of where I saw it) I have read comments from that time about breaking the entail and willing the entail away. Does anyone have any insights on that? Thanks for sharing your research Monica!
AND! very interesting to think of Mrs. Dashwood vs Mrs. Bennet!
Yes, there is that — but it depends how the entail was set up. This is convoluted legal territory. Even the idea of the entail itself would have involved complex legal negotiations, and I really don’t know all the legalities, just the general social framework which clearly favored the passing down property to preserve class. Having said that, by common law, women *did* inherit if the land was unentailed, they just didn’t get to keep it when they were married unless the marriage settlement laid down the provisions for them to pass on the property.
now that is a prenup I’d enjoy reading as much if not more than the work of art it came from
Yes, fascinating. Makes me wonder, since practically the first thing out of Mrs. Bennet’s mouth when she hears about Lizzy’s engagement, is “What pin money you will have!” I’m guessing that Mrs. Bennet herself didn’t have any pin money.
I’m sure Mr. Darcy would have been generous with Elizabeth, but if Georgiana had been persuaded to elope with Mr. Wickham, I wonder what he would have done. I mean, she would have lost her own money and certainly any claim to anything from Pemberley; but he would have “taken care” of her. In the way of Sir Thomas taking care of Maria in the cottage in a remote country? Or like Colonel Brandon, with his ward. Poor G., she had a lucky escape indeed.
Thank you for preparing this informative post, Monica. I enjoyed learning new information and reading all the comments from readers.
I always considered what a “hit” Darcy took with his marrying Elizabeth. Basically he received a thousand pounds AFTER Mr. Bennet’s death. Elizabeth brings no value to the marriage. Then Georgiana’s husband would receive 30,000 pounds. Darcy is at a deficit of 29,000 pounds (not counting his outlay for Lydia and Wickham).
start saving that pin money in a giant piggy bank just in case…..a woman’s gotta have something in case the bottom falls out. smiles.