Now, we may fondly believe that this transaction, which occurred five
hundred and fifty years ago, was characteristic alone of that dark and
distant period, and that no parallel can be found in modern {603} times (at
least in a decent class of society, and recognised by legal sanction) to
justify the lively French dramatists in seizing upon it as a trait of
modern English manners. A transaction, however, came before the public eye
a month or two ago, which, should you think the following record of it
worth preservation as a "curiosity of legal experience," may lead your
readers to a different conclusion:
"A young man, named W. C. Capas, was charged at the Public Office,
Birmingham, Jan. 31, 1853, with assaulting his wife. The latter, in
giving her evidence, stated that her husband was not living with her,
but was 'leased' to another female. Upon inquiry by the magistrate into
this novel species of contract, the document itself was produced in
court, and read. It ran as follows:
"'Memorandum of agreement made and entered into this second day of
October, in the year of our Lord 1852, between William Charles Capas,
of Charles-Henry Street, in the borough of Birmingham, in the county of
Warwick, carpenter, of the one part, and Emily Hickson, of Hurst
Street, Birmingham aforesaid, spinster, of the other part. Whereas the
said William Charles Capas and Emily Hickson have mutually agreed with
each other to live and reside together, and to mutually assist in
supporting and maintaining each other during the remainder of their
lives, and also to sign the agreement hereinafter contained to that
effect: now, therefore, it is hereby mutually agreed upon, by and
between the said William Charles Capas and Emily Hickson, that they the
said, &c., shall live and reside together during the remainder of their
lives, and that they shall mutually exert themselves by work and
labour, and by following all their business pursuits, to the best of
their abilities, skill, and understanding, and by advising and
assisting each other, for their mutual benefit and advantage, and also
to provide for themselves and each other the best supports and comforts
of life which their means and income may afford. And for the true and
faithful performance of this agreement, each of the said parties
bindeth himself and herself unto the other finally by this a
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