The Fleet: Its Rivers, Prison, and MarriagesAshton, John
History
The Fleet: Its Rivers, Prison, and Marriages
Ashton, John
Fleet Prison (London, England); Fleet, River (England)
There is no doubt that in the seventeenth and eighteenth centuries, the
Marriage laws, as we now understand them, were somewhat lax, and it is
possible that it was so long before that time, for in Edward VI.'s time
an Act was passed (2 and 3 Ed. VI., c. 21, s. 3) entitled "An Act to
take away all positive laws made against marriage of priests." Section
3 provides that it shall not "give any liberty to any person to marry
without asking in the church, or without any ceremony being appointed
by the order prescribed and set forth in the book intituled "_The Book
of Common Prayer, and administration of the Sacraments_, &c." Mary, of
course, repealed this Act, and it was revived and made perpetual by 1
Jas. 1. c. 25, s. 50.
It was only after the Council of Trent, that the offices of the
Church were considered indispensable, for that Council decreed that a
priest, and two witnesses were necessary for the proper celebration
of the Nuptial tie. Still, the law of England, like the law of
Scotland, allowed the taking of a woman as wife before witnesses, and
acknowledging her position, which constituted at common law a good and
lawful marriage, which could not be annulled by the Ecclesiastical
Court. That many such took place among the Puritans and Sectarians
of the time of Charles I. and the Commonwealth is undoubted, for
it needed an Act of Parliament (12 Chas. II. c. 33) to render such
marriages legal. This enacted "That all marriages had, or solemnized,
in any of his Majesty's dominions since the first day of _May_, in the
year of our Lord, one thousand six hundred forty and two, before any
justice of the Peace, or reputed justice of the Peace of _England_,
or _Wales_, or other his Majesty's dominions,... shall be, and shall
be adjudged, esteemed, and taken to be, and to have been of the same,
and no other force or effect, as if such marriages had been had, and
solemnized, according to the rites and ceremonies established, or used
in the Church or kingdom of _England_; any law, custom, or usage to the
contrary thereof notwithstanding."
Public-domain text, read in full here on John Shaqi.
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