Marriage is a legal and social contract between two individuals, where they vow to support each other, to be faithful and to live together until death do them apart. This institution has undergone many changes throughout history. One of the most significant changes was the implementation of the Marriage Act of 1753 in England. Before this act, it was easy for couples to get married secretly, but this act made marriage more of a public event.
What is the Marriage Act of 1753?
The Marriage Act of 1753 is a law passed in England and Wales in 1753 by Lord Hardwick. The act was designed to prevent clandestine or secret marriages. Before the act, people could get married without the consent of their parents or family members. Moreover, they could marry in secret, without having to follow any specific formalities. All they had to do was to exchange consent, either in writing or verbally. This made it possible for many couples to marry in secret, without the knowledge of their parents or their community.
However, the passing of the Marriage Act of 1753 changed this. This act required that all marriages be performed in a public ceremony, by an Anglican priest in a Church of England. Moreover, the act required that the banns of marriage be published for three weeks before the ceremony, to allow for any objections to be raised. This made it virtually impossible for couples to marry in secret, without the knowledge of their parents or community.
The Background of the Marriage Act of 1753
Before the 18th century, many couples in England got married without the knowledge or consent of their parents or family members. This was especially true for aristocratic or wealthy families, where the marriages were arranged for strategic purposes such as to secure political power or wealth. As a result, some couples, especially younger ones, would run away from home to get married in secret.
This practice led to the rise of clandestine or irregular marriage, which was recognized by law. In fact, between the 16th and 18th centuries, many irregular marriages took place in England. During this time, many churches, taverns, and private houses hosted irregular wedding ceremonies. And because these ceremonies were not registered, many people were married more than once. This led to legal disputes, as people tried to establish who was the legitimate spouse.
From the mid-17th century, there were attempts to regulate and control this practice. However, these attempts were unsuccessful. In 1694, a law was passed that required those intending to marry not only to give notice of their intention, but also to do so in their native parishes. However, this law was not enforced and thus did little to prevent irregular marriages.
The Provisions of the Marriage Act of 1753
The Marriage Act of 1753 was a significant turning point in the history of marriage law. The act made it mandatory for all marriages to be performed by an Anglican priest in the Church of England. Moreover, the act required that the banns of the marriage had to be published for three consecutive Sundays in the church where the marriage would take place. The act also stipulated that all weddings had to be conducted between 8 am and 12 pm, in the presence of two witnesses who were over the age of 21.
The act also established the age of consent for marriage at 21 for men and 21 for women. However, those below these ages were allowed to marry if they had the consent of their parents or guardians. In addition, the act prohibited clandestine marriages, which were conducted in private homes, taverns, or other private places.
The Impact of the Marriage Act of 1753
The Marriage Act of 1753 had far-reaching effects on the institution of marriage in England. It essentially made marriage a public affair and eliminated the possibility of secret or clandestine marriages. By requiring that all marriages be performed by an Anglican priest in the Church of England, the act established a legal framework that governed the practice of marriage. This framework was designed to prevent irregular marriages, which could have led to legal disputes over who was the legal spouse.
Moreover, the act required parental consent for the marriage of minors, which made it a family matter. This eliminated the possibility of marriages being arranged by third parties, such as political or financial intermediaries, and ensured that marriages were conducted solely for the benefit of the couple. In addition, the act helped to standardize marriage practices and made it easier to register marriages, thus reducing fraud or legal disputes over who was legally married.
Conclusion
In conclusion, the Marriage Act of 1753 was a significant turning point in the history of marriage in England. This legal framework established a standard practice for the conduct of marriage and eliminated the possibility of clandestine or irregular marriages. The act required that all marriages be performed by an Anglican priest in the Church of England, ensuring that marriage was a public affair. By setting out the requirements for the publication of banns, the act made it virtually impossible for couples to marry in secret, without the knowledge of their parents or community.
FAQ
What did the Marriage Act of 1753 require of people who wanted to get married?
The Marriage Act of 1753 was a crucial piece of legislation that sought to regulate and standardize the rules governing marriage in England. Prior to the Act, the process of getting married varied widely depending on the region, and there were many loopholes and exceptions that allowed people to avoid the legal requirements. The Act standardized the process by requiring that all marriages take place in a parish church or chapel, either after banns (public announcements of the intention to marry) or by license, unless under special circumstances. By doing so, the Act sought to prevent clandestine and invalid marriages that often resulted in property disputes and other legal complications.
One of the key provisions of the Act was the requirement for couples to provide notice of their intention to marry by posting banns in the church for three consecutive Sundays prior to the wedding. This gave local authorities the opportunity to investigate and prevent any unlawful or underage marriages. The Act also introduced a minimum age for marriage, with no one under the age of 21 being allowed to marry without the consent of their parents or guardians.
Perhaps the most significant change brought about by the Act was the introduction of marriage licenses. These licenses were issued by the Church of England and allowed couples to bypass the banns process by paying a fee. In order to be eligible for a license, the couple had to prove that they were of legal age, were not closely related, and were not already married. The introduction of licenses made it easier for couples to get married quickly and discreetly without the need for lengthy public announcements that might have interfered with their plans or caused embarrassment.
The Marriage Act of 1753 was a landmark piece of legislation that brought order and clarity to the legal process of marriage in England. Its provisions were later expanded and refined in subsequent acts, but the basic framework set out in 1753 remains in place to this day.
Who are royals not allowed to marry?
According to the Royal Marriages Act of 1772, members of the British Royal family are restricted from marrying someone who is divorced or Catholic. This act was implemented during the reign of King George III and was meant to prevent princes and princesses from contracting “unlawful marriages” that could potentially harm the reputation and social status of the royal family. The act stated that any royal member who wished to marry a commoner must obtain the permission of the reigning monarch.
The prohibition against marrying a divorcee has been a controversial issue within the British royal family. In 1936, King Edward VIII abdicated the throne to marry American socialite Wallis Simpson, who was a divorced woman. The affair caused a constitutional crisis in the UK and led to the implementation of stricter royal marriage laws. Since then, several royal members have made headlines for violating the Royal Marriage Act.
Additionally, up until 2015, heirs to the throne were not allowed to marry Catholics, by virtue of the Act of Settlement of 1701. The law had been put in place to ensure that the monarch and their heirs remain members of the Church of England. However, this law was amended in 2015, removing the restriction against marrying a Catholic. Nevertheless, members of the royal family are still discouraged from marrying anyone of a different religion or nationality that could potentially create controversy or conflict.
Despite the restrictions, members of the royal family have been able to marry commoners, including Kate Middleton, who married Prince William in 2011. However, she was still subject to scrutiny and criticism due to the fact that she did not come from a noble family. while the British royal family is no longer constrained by the old laws prohibiting marriages to Catholics or commoners, the Queen still has the final say in approving or rejecting any royal wedding.
Does the Royal Marriage Act still exist?
The Royal Marriage Act was a law that was passed in 1772 in England, which required all members of the royal family to seek the sovereign’s approval before getting married. The law was enforced for over two centuries, until it was repealed in 2013 by the Succession to the Crown Act. The Succession to the Crown Act also made significant changes to the line of royal succession, by allowing the eldest child regardless of gender to become a monarch.
Before the repeal of the Royal Marriage Act, members of the royal family were required to get the monarch’s permission before they could marry. The act states that even if they were already of legal age, consent from the monarch was still required to legalize the marriage. The monarch, however, may only withhold their approval in cases where the marriage could potentially harm the royal succession or the constitutional arrangements of the country.
The Royal Marriage Act also had implications for any children born from a marriage that did not receive the consent of the monarch. Any such children could not be legally recognized as legitimate, and were therefore excluded from the line of royal succession.
However, the law was deemed outdated and discriminatory, especially with regards to the issue of gender and the line of succession. This led to the introduction of the Succession to the Crown Act in 2013, which not only repealed the Royal Marriage Act but also made significant changes to the line of royal succession. The Act amended the centuries-old rule of male primogeniture, which meant that a male heir was preferred over a female heir, even if the latter was older.
The Royal Marriage Act no longer exists since it was repealed by the Succession to the Crown Act in 2013. The current line of royal succession is governed by the new law, which has modernized the royal succession process and eliminated gender discrimination.
