Jane Addison (''née'' Campbell, later Pocklington; 1771 – 27 February 1851) was the first
woman in the
United Kingdom to petition a
divorce (with the ability to
remarry
Remarriage is a marriage that takes place after a previous marital union has ended, as through divorce or widowhood.
Some individuals are more likely to remarry than others; the likelihood can differ based on previous relationship status (e.g. div ...
) against her
husband
A husband is a male in a marital relationship, who may also be referred to as a spouse. The rights and obligations of a husband regarding his spouse and others, and his status in the community and in law, vary between societies and cultures, ...
through an
Act of Parliament and did so with success. The divorce was on the grounds of her husband's incestuous
adultery and was granted in 1801. Only four other woman successfully won full divorce petitions against their husband before 1857. Prior to 1857, there were only 329 successful divorces granted in the United Kingdom.
Biography
Jane Addison was born in 1771 as Jane Campbell to Sir James Campbell (1737–1805) and Jean, Lady Campbell. The family belongs to the Inverneil branch of the
Clan Campbell and could trace their heritage to the back to the 16th century.
Her father was a Member of Parliament who occupied the seat in 1776 in place of his brother
Sir Archibald Campbell who ref name=":2"> Prior to this, Sir James had also seen military service in America.
The childless Sir Archibald had purchased the
hereditary title
Hereditary titles, in a general sense, are nobility titles, positions or styles that are hereditary and thus tend or are bound to remain in particular families.
Though both monarchs and nobles usually inherit their titles, the mechanisms often d ...
of
Usher of the White Rod for
Scotland in 1790 and Sir James later inherited the office in 1791 by which time Jane Campbell, was married to London
merchant
A merchant is a person who trades in commodities produced by other people, especially one who trades with foreign countries. Historically, a merchant is anyone who is involved in business or trade. Merchants have operated for as long as indust ...
Edward Addison; and her full
sister, Jessie Campbell, was married to
Calcutta Surgeon
In modern medicine, a surgeon is a medical professional who performs surgery. Although there are different traditions in different times and places, a modern surgeon usually is also a licensed physician or received the same medical training as ...
Dr James Campbell. Jane had married Edward on 29 April 1788. They had a
son and
daughter.
Sir James Campbell, Bt. (named after their father) was Jane's brother. Such strong political connections allowed her to get a full divorce.
Jessie Campbell returned to
England from India in 1791 after which Jessie had an affair with her
brother-in-law Mr. Addison. The affair was deemed to be incest as marriages between a man and
his deceased wife's sister was voidable (later made illegal). Dr. Campbell had learnt about the affair first and initiated divorce proceedings while Mrs. Addison learnt of the affair from her other sister Mrs. Elizabeth Cassmajor and her husband Mr. James Cassmajor. Jane left England to return to live with her father in
Scotland.
Mrs. Addison attained a legal separation from a religious court on the basis of adultery with success and wanted a divorce. The Parliament was keen to note whether or not Jane was aware of her husband's incestuous adultery which Mr. Cassmajor testified against.
Testimonies from various individuals including waiters and servants indicated that Mr. Addison and Mrs. Jessie Campbell were indeed having an
affair
An affair is a sexual relationship, romantic friendship, or passionate attachment in which at least one of its participants has a formal or informal commitment to a third person who may neither agree to such relationship nor even be aware of i ...
beyond doubt.
There were initial calls that Mrs. Addison's petition was invalid as she was a woman, however, the fact that the adultery involved incest allowed the petition to remain valid.
The 1801 Campbell-Addison Divorce Acts stipulated that Mr. Addison and Mrs. Jessie Campbell were forever barred from marrying each other and that Mrs. Jessie Campbell was barred from marrying anyone during the lifetime of Dr. Campbell who also received
criminal conversation of 5000 pounds (approximately 371,332 pounds in 2019) from Mr. Addison.
Mrs. Addison was free to
remarry
Remarriage is a marriage that takes place after a previous marital union has ended, as through divorce or widowhood.
Some individuals are more likely to remarry than others; the likelihood can differ based on previous relationship status (e.g. div ...
and also attained custody of her children as her husband was deemed unfit to take care of their education. This was extremely unusual at the time as custody almost always went to the father (unless the child was deemed illegitimate in which case custody went to the mother).
Later, Jane went on to remarry the wealthy
Nottingham architect Roger Pocklington, Sr. on 2 February 1802 and had a son, Roger Pocklington, Jr in November 1802. However, Mr. and Mrs. Roger Pocklington began to experience financial issues leading to Mrs. Pocklington and her children's move to Leamington.
Mr. Addison left the United Kingdom for
Hamburg to avoid payment of
criminal conversation.
She died on 27 February 1851 (aged 80) and was buried besides her husband Roger Pocklington at All Saints’ Church,
Winthorpe.
Her grandson was the first-class cricketer
Duncan Pocklington
Duncan Pocklington (18 June 1841 – 1 June 1870) was an English first-class cricketer and Anglican clergyman.
The son of Roger Pocklington, he was born in June 1841 at Walesby, Nottinghamshire. He was educated at Eton College, before going up ...
.
Despite the case, women rarely acquired
custody of their children after a separation or divorce until
Caroline Norton
Caroline Elizabeth Sarah Norton, Lady Stirling-Maxwell (22 March 1808 – 15 June 1877) was an active English social reformer and author.Perkin, pp. 26–28. She left her husband in 1836, who sued her close friend Lord Melbourne, then the Whig ...
-influenced
Custody Act of 1839 and the Jane Addison case was publicly declared by officials as an exception. Divorce became easier to acquire after 1857.
See also
*
Custody of Infants Act 1839
*
Matrimonial Causes Act 1857
References
{{DEFAULTSORT:Addison, Jane
1771 births
1851 deaths
Divorce law in the United Kingdom
18th-century Scottish women
19th-century Scottish women
Burials in Nottinghamshire
People from Lochgilphead