Clandestine Marriages Act 1753

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For other marriage-related legislation, see Marriage Act.

Act of Parliament
Commencement
25 March 1754
Other legislation
Repealed byMarriage Act 1823, s. 1
Status: Repealed
Text of statute as originally enacted

The Clandestine Marriages Act 1753, also called the Marriage Act 1753, long title "An Act for the Better Preventing of Clandestine Marriage", popularly known as

Scottish marriage,[1] although pressure to address the problem of irregular marriages had been growing for some time.[2]

Background

Before the Act, the legal requirements for a valid marriage in

church courts. Prior to the passage of the 1753 Act such an exchange only created a binding contract to marry rather than a legal marriage.[4]

As clandestine weddings and the unruly culture that surrounded them began to threaten power and property, questions about where and how to marry became urgent matters of public debate. In 1753, in an unprecedented and controversial use of state power, Lord Chancellor Hardwicke mandated Anglican church weddings as marriage's only legal form. Resistance to his Marriage Act would fuel a new kind of realist marriage plot in England and help to produce political radicalism as we know it.

— Lisa O'Connell, The Origins of the English Marriage Plot[5]

Effects

The Act tightened the existing ecclesiastical rules regarding marriage, providing that for a marriage to be valid it had to be performed in a church and after the publication of

Camilla Parker-Bowles in a civil ceremony,[8] civil marriage being the creation of statute law.[9] It was also provided that the 1753 Act had no application to marriages solemnized overseas or in Scotland.[10]

The Act was highly successful in its stated aim of putting a stop to clandestine marriages, i.e., valid marriages performed by an Anglican clergyman but not in accordance with the canons. Thus the notorious practice of clandestine

Fleet Marriages associated with London's Fleet Prison was ended,[11] although there were various short-lived and abortive attempts to claim exemption for the Savoy Chapel in the Strand[12] and the parish of Temple in Cornwall. The early death of the Savoy's minister on board ship while waiting to be transported for his flouting of the Act may have discouraged others from making similar claims, even if his demise was due to gout rather than to the conditions of his imprisonment.[13]

However, some couples evaded the Act by travelling to Scotland. Various Scottish "border villages" (

Lamberton, Mordington and Paxton Toll) became known as places to marry. And in the 1770s the construction of a toll road passing through the hitherto obscure village of Graitney led to Gretna Green
becoming synonymous with romantic elopements.

A similar traffic to the Isle of Man also sprang up, and in 1757 the legislature of the island passed An Act to prevent Clandestine Marriages[14] in very similar terms to the English Act of 1753. But the Manx Act differed in one significant respect from the latter, in requiring clergy from abroad, who were convicted of conducting marriages in breach of the Act's requirements, to be pilloried and have their ears cropped, before being imprisoned, fined and deported. The Act was repealed in 1849.[15]

See also

References

  1. S2CID 144650291
    .
  2. ^ Probert, Rebecca, Marriage Law & Practice in the Long Eighteenth Century: A Reassessment (CUP, 2009) chapter 5
  3. ^ Constitutions and canons ecclesiasticall, 1604
  4. ^ Rebecca Probert, Marriage Law & Practice in the Long Eighteenth Century: A Reassessment chapter 2, (The Misunderstood Contract Per Verba de Praesenti).
  5. OCLC 1225190242
    .
  6. ^ Section 1
  7. ^ Section 4
  8. ^ Probert, Rebecca, "The Wedding of the Prince of Wales: Royal Privileges and Human Rights" (2005) Child and Family Law Quarterly (Jordans) 17(363)
  9. ^ By the Marriage Act 1836
  10. ^ Section 18
  11. ^ Lee Brown, R. "The Rise and Fall of the Fleet Marriage", ch 6 in R. B. Outhwaite, Marriage and Society (London: Europa Publications, 1981)
  12. ^ Wilkinson, T., Memoirs of his own Life (York, 1790), Vol 1, p.74
  13. ^ Wilkinson, T., Memoirs of his own Life (York, 1790), Vol. 1, p.91
  14. ^ Statutes of the Isle of Man vol.i p.281
  15. ^ "How to deal with come-overs". Retrieved 28 January 2011.

Further reading

  • The text of the Act
  • Probert, Rebecca (2009). "Control over Marriage in England and Wales, 1753–1823: The Clandestine Marriages Act of 1753 in Context". Law and History Review. 27 (2): 413–450.
    S2CID 145445533
    .

External links
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