The 1753 Marriage Act , the full title of "A Law for a Better Recovery of Clandestine Marriage", known as the Lord Hardwicke Wedding Law (citation 26 Geo. ), is the first legislation in England and Wales to require an official marriage ceremony. It came into force on March 25, 1754. The law was triggered by a dispute over the validity of marriage in Scotland, although pressure to address the problem of underground marriage has grown for some time.
Video Marriage Act 1753
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Prior to the Act, the legal requirements for a legal marriage in England and Wales were governed by canon law of the Church of England. It has determined that banns should be named or marriage certificates obtained before marriage can occur and that marriages should be celebrated in a parish where at least one party is a resident. However, this requirement is a directory rather than mandatory and the absence of a bann or license - or even the fact that the marriage was not celebrated in church - did not make the marriage void. The only irreplaceable requirement is that the marriage was celebrated by an Anglican priest. The false assumption that simple agreement exchanges will be sufficiently based on the later confrontation between the theological positions that approve marriage and the actual practice of the church court. Before the passage of Law 1753, such exchanges only created binding contracts for marriage rather than legal marriages.
Maps Marriage Act 1753
Effects
This law tightens the existing ecclesiastical rule on marriage, which provides that in order for a marriage to be valid, it must be done in church and after publication or license. Those under 21 should get parental consent if they are married to a license; marriage by banns, on the contrary, is legitimate as long as the parent of the minors does not actually ban banns. The Jews and Quakers are exempt from its provisions, even though the Act does not go so far as to declare marriage legitimate and it has been years before their legal status is guaranteed. Nor does the Act apply to members of the Royal Family of England. Indeed, members of the Royal Family have been consistently exempt from all marriage-related general laws since this date, which is why doubts were expressed in 2005 about Prince Charles's ability to marry Camilla Parker-Bowles in civil ceremonies, civil marriage legislation Constitution. It was also given that the 1753 Act does not have applications for weddings celebrated abroad or in Scotland.
The law was very successful in the stated purpose of stopping a secret marriage, ie. , a legal marriage was performed by an Anglican priest but not in accordance with the canon. Therefore, the secret Fleur Marriin practice associated with London Fleet Prison ended, despite various short-lived attempts and failed to claim an exception to the Savoy Chapel on the Strand and Temple parish in Cornwall. The initial death of Savoy's minister on board while waiting to be transported for violating the Act may have made others not make the same claim, even if his death was caused by gout rather than his imprisonment.
However, some couples avoid the Act by traveling to Scotland. The Scottish "Frontier Villages" (Coldstream Bridge, Lamberton, Mordington and Paxton Toll) is known as a place to get married. And in the 1770s the construction of toll roads passing through the village of Graitney which until now is unclear causes Gretna Green to become synonymous with romantic matings.
The same traffic to the Isle of Man was also emerging, and in 1757 the Island Legislature passed a law to prevent Clandestine Marriage in terms very similar to the British Act of 1753. But the Manx Law is different in one important point of the latter, in requiring foreign priests, convicted of marriage to violate the requirements of the Law, to be rejuvenated and to have their ears cut off, before imprisonment, fined and deported. The law was lifted in 1849.
Modern misinterpretation
Modern commentators, after the work of historians such as Lawrence Stone and Stephen Parker, are often misinterpreted both the requirements of the Act and the legal requirements of the canon directly preceding it. It has been widely but incorrectly asserted, for example, that the Act nullifies any marriage involving minors, ie those under 21, unless parental consent is granted. Actually, this is true only for minority weddings celebrated with licenses.
While underage parents can ban banns and prevent marriage from going ahead, marriage by banns that occur without active parental differences is legitimate. This raises the practice of underage couples going to a parish where they are not silent to have the so-called banns unbeknownst to their parents. Because the law specifically prohibits courts to investigate the places of residence of the parties after the marriage is celebrated, such vague marriages are still in effect. The only way in which aggrieved parents can challenge such marriages is if there is a fraudulent error in bannings.
It has also been erroneously asserted that the Act abolished the marriage of common law, along with informal practices such as marriage by hand or handkerchief. However, since neither the name nor the concept of "co-legal marriage" existed in England and Wales at this time, this may prove to be false, while recent scholarship argues that ideas such as handfasting and "broom marriage" are the result of ancient New Age mythology and the end of the 20th century.
See also
- Deed of Marriage
- Marriage Act 1836
References
Further reading
- Text from the Act
- Probert, Rebecca (2009). "Control over Marriage in England and Wales, 1753-1823: The Clandestine Marriages Act of 1753 in Context". Legal and Historical Reviews . 27 (2): 413-450. doi: 10.1017/s0738248000002054. JSTORÃ,40646019.
External links
- Civil Wedding at Catholic Encyclopedia
- Why do people get married after having children? BBC News online 2011-05-26
Source of the article : Wikipedia
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