Marriage: Love and Law exhibition catalogue - Flipbook - Page 30
PROMISED
IN MARRIAGE
SARAH COX
& JOHN PAYNE
The first ‘breach of promise’ case in NSW to come before a jury was brought
by Sarah Cox against Captain John Payne in May 1825. He had received
permission from Sarah’s parents—two former convicts—to first court the young
woman in 1822 when she was aged 16 and he, 34 years of age. A mariner, Payne
was often away. He also liked a drink and had a habit of turning his affections
towards other women. Eventually, he would reaffirm his love for Sarah who,
after chastising him, would accept him back. During their period of promise,
Payne unexpectedly married a wealthy widow. By then, Sarah was 19 years old,
and she sought recompense through the courts for Payne’s actions.
Free men and women who courted were considered to be
‘promised in marriage’. Expectations were set as to how the
forthcoming marriage would advantage both parties socially
and economically. When a promise of marriage was broken—
or breached—the offending party could be pursued through
the civil courts for the value of ‘lost expectations’.
21 William Nicholas
Watercolour portrait
of Sarah Wentworth, 1853
Watercolour
1853
Vaucluse House Collection,
Sydney Living Museums
21
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