Fleet Marriage
Encyclopedia
A Fleet Marriage is the best-known example of an irregular or a clandestine marriage
taking place in England before the Marriage Act 1753
came into force on March 25, 1754. Specifically, it was one which took place in London
's Fleet Prison
or its environs during the 17th and, especially, the early 18th century.
or licence
), or at an improper time. "Clandestine" marriages were those that had an element of secrecy to them: perhaps they took place away from a home parish, and without either banns or marriage licence. It is often asserted, mistakenly, that under English law
a marriage could be recognized as valid if each spouse had simply expressed (to each other) an unconditional consent to their marriage. These "common-law marriage
s" as they might be termed today were the exception. Nearly all marriages in England, including the "irregular" and "clandestine" ones, were performed by ordained clergy.
The Marriage Duty Act 1695 put an end to irregular marriages at parochial churches by penalizing clergymen who married couples without banns or licence. By a legal quirk, however, clergymen operating in the Fleet could not effectively be proceeded against, and the clandestine marriage business there carried on. In the 1740s, over half of all London weddings were taking place in the environs of the Fleet Prison. The majority of Fleet marriages were for honest purposes, when couples simply wanted to get married quickly.
s carried on the trade, encouraged by local tavern-keepers in the neighbourhood who employed tout
s to solicit custom for them. There were also many clerks who made money recording the ceremonies.
During the 1740s up to 6,000 marriages a year were taking place in the Fleet area, compared with 47,000 in England as a whole. One estimate suggests that there were between 70 and 100 clergymen working in the Fleet area between 1700 and 1753. It was not merely a marriage centre for the criminals and poor, however: both rich and poor availed themselves of the opportunity to marry quickly or in secret.
was passed, which required, under pain of annulment, that banns should be published or a licence obtained; that, in either case, the marriage should be solemnized in church by a recognised clergyman; and that in the case of minors, marriage by licence must be by the consent of parent or guardian; and that at least two witnesses must be present. Jewish and Quaker ceremonies
were exempt. Clergymen conducting clandestine marriages were liable to transportation
.
This act had the effect of putting a stop to these marriages, so far as England was concerned, and henceforth couples had to travel to Scotland, the nearest point being Gretna Green
. This had substantial use until 1856, when English law declared such marriages invalid. In the Channel Islands
the 1753 Act did not apply.
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
taking place in England before the Marriage Act 1753
Marriage Act 1753
The Marriage Act 1753, full title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act , was the first statutory legislation in England and Wales to require a formal ceremony of marriage. It came into force on 25 March 1754...
came into force on March 25, 1754. Specifically, it was one which took place in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
's Fleet Prison
Fleet Prison
Fleet Prison was a notorious London prison by the side of the Fleet River in London. The prison was built in 1197 and was in use until 1844. It was demolished in 1846.- History :...
or its environs during the 17th and, especially, the early 18th century.
Irregular and clandestine marriages
An "irregular" marriage was one that took place either away from the home parish of the spouses (but after bannsBanns of marriage
The banns of marriage, commonly known simply as the "banns" or "bans" are the public announcement in a Christian parish church of an impending marriage between two specified persons...
or licence
Marriage license
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
), or at an improper time. "Clandestine" marriages were those that had an element of secrecy to them: perhaps they took place away from a home parish, and without either banns or marriage licence. It is often asserted, mistakenly, that under English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
a marriage could be recognized as valid if each spouse had simply expressed (to each other) an unconditional consent to their marriage. These "common-law marriage
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
s" as they might be termed today were the exception. Nearly all marriages in England, including the "irregular" and "clandestine" ones, were performed by ordained clergy.
The Marriage Duty Act 1695 put an end to irregular marriages at parochial churches by penalizing clergymen who married couples without banns or licence. By a legal quirk, however, clergymen operating in the Fleet could not effectively be proceeded against, and the clandestine marriage business there carried on. In the 1740s, over half of all London weddings were taking place in the environs of the Fleet Prison. The majority of Fleet marriages were for honest purposes, when couples simply wanted to get married quickly.
Fleet Prison
The earliest recorded date of a Fleet Marriage is 1613 (although there were probably earlier ones), while the earliest recorded in a Fleet Register took place in 1674. As a prison, the Fleet was claimed to be outside the jurisdiction of the church. The prison warders took a share of the profit, even though a statute of 1711 imposed fines upon them for doing so: it only moved the clandestine marriage trade outside the prison. There were, in fact, so many debtors that many lived in the area outside the prison (itself a lawless area which operated under the "rules of the Fleet"). Disgraced clergymen (and many who pretended to be clergymen) lived there, and marriage houses or tavernTavern
A tavern is a place of business where people gather to drink alcoholic beverages and be served food, and in some cases, where travelers receive lodging....
s carried on the trade, encouraged by local tavern-keepers in the neighbourhood who employed tout
Tout
In British English, a tout is any person who solicits business or employment in a persistent and annoying manner...
s to solicit custom for them. There were also many clerks who made money recording the ceremonies.
During the 1740s up to 6,000 marriages a year were taking place in the Fleet area, compared with 47,000 in England as a whole. One estimate suggests that there were between 70 and 100 clergymen working in the Fleet area between 1700 and 1753. It was not merely a marriage centre for the criminals and poor, however: both rich and poor availed themselves of the opportunity to marry quickly or in secret.
Marriage Act 1753
The scandal and abuses brought about by these clandestine marriages became so great that they became the object of special legislation. In 1753, Lord Hardwicke's Marriage ActMarriage Act 1753
The Marriage Act 1753, full title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act , was the first statutory legislation in England and Wales to require a formal ceremony of marriage. It came into force on 25 March 1754...
was passed, which required, under pain of annulment, that banns should be published or a licence obtained; that, in either case, the marriage should be solemnized in church by a recognised clergyman; and that in the case of minors, marriage by licence must be by the consent of parent or guardian; and that at least two witnesses must be present. Jewish and Quaker ceremonies
Quaker wedding
Quaker weddings are the traditional ceremony of marriage within the Religious Society of Friends.-Quaker marriage in history:After the local meeting had approved the couple's intention, an announcement would be made and posted in the market on market day. After this the wedding could take place...
were exempt. Clergymen conducting clandestine marriages were liable to transportation
Penal transportation
Transportation or penal transportation is the deporting of convicted criminals to a penal colony. Examples include transportation by France to Devil's Island and by the UK to its colonies in the Americas, from the 1610s through the American Revolution in the 1770s, and then to Australia between...
.
This act had the effect of putting a stop to these marriages, so far as England was concerned, and henceforth couples had to travel to Scotland, the nearest point being Gretna Green
Gretna Green
Gretna Green is a village in the south of Scotland famous for runaway weddings. It is in Dumfries and Galloway, near the mouth of the River Esk and was historically the first village in Scotland, following the old coaching route from London to Edinburgh. Gretna Green has a railway station serving...
. This had substantial use until 1856, when English law declared such marriages invalid. In the Channel Islands
Channel Islands
The Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...
the 1753 Act did not apply.
Sources
- The London Encyclopaedia, Ben Weinreb & Christopher Hibbert, Macmillan, 1995, ISBN 0-333-57688-8
- The Book of Days, R. Chambers