Social Life in the Reign of Queen Anne, Taken from Original SourcesAshton, John
History
Social Life in the Reign of Queen Anne, Taken from Original Sources
Ashton, John
Great Britain -- History -- Anne, 1702-1714; Great Britain -- Social life and customs -- 18th century
'2. This young Couple was put to Bed, in the Day time, according to
Custom, and continu'd there a little while, but in the Presence of the
Company, who all testify they touched not one the other; and after
that, they came together no more;--the young Gentleman going
immediately Abroad, the young Woman continuing with her Parents.
'3. G. D., after Three or Four Years Travel, return'd home to England,
and being sollicited to live with his lawful Wife, refus'd it, and
frequently and publickly declar'd he never would compleat the
Marriage.
'4. Fourteen Years have pass'd since this Marriage Ceremony was
perform'd, each Party having (as is natural to think) contracted an
incurable Aversion to each the other, is very desirous to be set at
liberty; and accordingly Application is made to the Legislative power
to dissolve this Marriage, and to give each Party leave, if they think
fit, to Marry elsewhere.
'The Reasons against such Dissolution are:--
'First. That each Party was Consenting to the Marriage, and was
Old enough to give such Consent, according to the known Laws of
the Kingdom; the Male being Fifteen Years Old, the Female
Thirteen; whereas the Years of Consent are, by Law, Fourteen and
Twelve.
'Secondly. They were actually Marry'd according to the Form
prescrib'd by the Church of England; the Minister pronouncing
those solemn Words us'd by our Saviour, _Those whom God has
joyn'd let no Man put asunder_. They are therefore Man and Wife
both by the Laws of God and of the Land; and, since nothing but
Adultery can dissolve a Marriage, and no Adultery is pretended
here, the Marriage continues indissoluble.'
And, in the course of some very able pleading, the author says, 'My
Lords, the Years of Consent are not fix'd to Fourteen or Twelve either
by _Nature_, _Reason_, or _any Law of God_; but purely and meerly by
the positive Laws of the Land, which may change them to Morrow;[34]
and if they were chang'd to Day, no Man in England would, I dare
affirm it, be dissatisfy'd; it seems so senseless and unreasonable to
give our Children the Power of disposing of their _Persons_ for ever,
at an Age when we will not let them dispose of Five Shillings without
Direction and Advice.'
[Footnote 34: But it never has been changed, and is now in
force.]
However, no pleading could prevail against the actual law, and this
singularly married couple remained, legally, man and wife.
In 1690 there was a pamphlet issued by 'A Person of Quality,'[35]
advocating a tax on bachelors, and on April 22, 1695, William III.
gave his assent to an Act intituled 'An Act for granting his Majesty
certain Rates and Duties upon Marriages, Births, and Burials, and upon
Batchelors and Widowers for the term of five years, for carrying on
the War with Vigour.'
[Footnote 35: _Marriage Promoted_, &c.]
Public-domain text, read in full here on John Shaqi.
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