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Topic: Marriage Act, 1753

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	CATHOLIC ENCYCLOPEDIA: Civil Marriage
		Marriages under the age of seven years for both were void, but between seven and the age of consent the parties could contract an imperfect marriage, which was voidable but not necessarily void.
		The marriage of parties who had attained the age of consent was valid even though they lacked parental consent, until in England the marriage act of 1753 declared such marriages void.
		In England under the common law, the marriage of partners after the birth of children does not legitmate them, but in most of the American states and in European continental countries it is sought to encourage marriage by providing that illegitimate children may thus be legitimated.
	www.newadvent.org /cathen/09691b.htm (2457 words)

	Common-law marriage (Site not responding. Last check: 2007-11-04)
		The first is lawful marriage as it existed under the common law of England prior to Lord Hardwicke's Act (1753), as well as elsewhere in Europe before abolished by statute or, in the case of Roman Catholic countries, by the Council of Trent (1545-1563).
		Statutory marriage invariably requires the issuance of a marriage licence by the government, a civil or religious ceremony to solemnise the marriage conducted by a person or persons authorised by government to solemnise marriages, and then the filling out and filing with government of the marriage certificate.
		The term "common law marriage" is frequently used in England and Wales, however such a "marriage" is not recognised in law, and it does not confer any rights or obligations on the parties.
	common-law-marriage.iqnaut.net (1820 words)

	Family Law: Common-law Marriage (Site not responding. Last check: 2007-11-04)
		The common-law marriage is a verbal or written contract between a man and a woman to be married, usually without a ceremony or license.
		In Australia the term de facto marriage is used to refer to relationships between men and women who are not married but are effectively living as husband and wife for a period of time.
		And, as with American common-law marriages, it is a form of lawful marriage, so that nobody can say they are common-law spouses, or husband and wife by habit and repute, if one of them was legally married to somebody else when the relationship began.
	www.juiceenewsdaily.com /1105/business/common.html?1130910851250 (1168 words)

	ENL 6236 Fall 2005 Class 10 (Site not responding. Last check: 2007-11-04)
		Marriage was the foundation of society and an expected event in the lives of women.
		These are the chief legal effects of marriage during the coverture; upon which we may observe, that even the disabilities, which the wife lies under, are for the most part intended for her protection and benefit.
		One of the detriments of this marriage is the voiding of marriages among the lower classes.
	chuma.cas.usf.edu /~runge/6236F05_class10.html (2083 words)

	Common Law Marriages
		Marriage is a civil contract, and law deals with it as it does with other contracts, and pronounces a marriage to be valid wherever a man and woman able and willing to contract do, per verba de praesenti, promise to become husband and wife.
		A formal ceremony of marriage, whether in due form or not, must be assumed to be by consent, and therefore prima facie a contract of marriage per verba de praesenti.
		The propriety of the use of the term ‘common law’ as to such a marriage is sometimes questioned on the ground that, under the earliest adjudications of the temporal courts of England, the doctrine of the canon law, sustaining the validity of marriages without religious solemnization, was expressly repudiated.
	www.reallaw.ca /pr01.htm (1584 words)

	husband and wife: The Marriage Contract
		Marriage is a contractual relationship between a man and a woman that vests the parties with a new legal status.
		Thus a common-law marriage—a marriage solely by the consent and behavior of the parties, without ceremony or registration—entered into in a state where such unions are valid will be deemed binding in states where a license to marry and a civil or religious solemnization are required.
		Although common-law marriage was abolished in England in 1753, it remained lawful in Scotland and in the American colonies.
	www.factmonster.com /ce6/society/A0858710.html (340 words)

	Marriage Act - Wikipedia, the free encyclopedia
		The Marriage Act (1697), a penal law passed in 1697 discouraging interfaith marriages.
		The Defense of Marriage Act passed in the United States to restrict same-sex marriage in the United States
		The Affirmation of Marriage Act passed in Virginia
	en.wikipedia.org /wiki/Marriage_Act (155 words)

	[No title]
		All verbal or written contract marriages were rendered null and void as were any marriages not recorded in a parish register with the signatures of both the bride and groom and at least two witnesses.
		Christopher Lasch believes that clandestine marriage became popular among the poor because by the middle of the eighteenth century, betrothal had lost its "binding character" through the disruption of village life, the growth of mobile laborers, and the increased amount of casual sexual activity.
		In his recent study of the 1753 Marriage Act, Stephen Parker suggests that Townshend reflected the suspicion of many Englishmen of the time that the aristocracy was deliberately trying to block the rise of the middle classes.
	www.geocities.com /Athens/Aegean/7023/clandestine.html (4582 words)

	ipedia.com: Common-law marriage Article (Site not responding. Last check: 2007-11-04)
		In many jurisdictions, common-law marriage is a legal provision whereby two people who are eligible to marry, but who do not obtain a legal marriage, are nevertheless considered married under certain conditions.
		In Australia the term de facto marriage is used to refer to relationships between non-married men and women who are in effect living as husband and wife for a period of time.
		Genuine (that is, legal) common-law marriage was abolished under the Marriage Act 1753.
	www.ipedia.com /common_law_marriage.html (600 words)

	"To wed or not to wed?": the struggle to define Afro-Jamaican relationships, 1834-1838 Journal of Social ...
		The 1753 Marriage Act can be considered as a first step in the struggle of the rising middle classes in Britain to impose their norm of marriage on the rest of society.
		By the end of the eighteenth century, the propertied classes had come to accept the middle classes' norm of marriage, that is a fully legal and indissoluble marriage in which the couple lived under the same roof, was faithful, and occupied separate spheres and exercised distinct roles.
		They were of the opinion that a monogamous and permanent marriage that allowed the partners to carry out distinct gender roles but which was not necessarily legal or co-resident could achieve their aims of increasing the slave population and changing its habits so as to make it more hard-working and docile.
	www.findarticles.com /p/articles/mi_m2005/is_1_38/ai_n6234785 (949 words)

	A Problematic Solution :: Religious Reactions (Site not responding. Last check: 2007-11-04)
		Similarly, ministers who transgressed the act were to be tried not in their diocesan courts, but in the civil justice system, of which Hardwicke was the head.
		In truth, though, the removal of marriage cases from ecclesiastical courts was a logical outgrowth of the most fundamental alteration made by the act: replacement of the spiritual basis of the institution of matrimony with a civic basis
		State regulation of marriage was simply an extended form of the latter, in which the authoritative power of the marital contract is of human origin.
	users.ox.ac.uk /~chri2057/z2002thesis4.htm (3698 words)

	Leah Leneman \| The Scottish Case That Led to Hardwicke's Marriage Act \| Law and History Review, Volume 17 Number 1, ...
		A marriage could be established by verba de praesenti, that is, the statement of consent by both parties, or by verba de futuro, a promise of marriage in the future, followed by sexual intercourse.
		A "regular" marriage was one for which the banns were publicly proclaimed and which was carried out in the parish church, but an "irregular" marriage was as legally binding.
		She was able to produce a certificate of the marriage and an extract from the minutes of the kirk session (the parish church court) of Roseneath revealing that John Campbell had acknowledged his irregular marriage to Jean and promised to adhere to her.
	www.historycooperative.org /journals/lhr/17.1/leneman.html (3063 words)

	Regency Life - Marriage
		Thus the new act specified that only marriages conducted in the Church of England by Banns or licence and before witnesses were legal for people over the age of 21.
		After his marriage, Charles continued to rise in the navy without prejudice because of his marriage; in fact he captained several different ships, was named a Companion of the Bath in 1840, became a rear-admiral in 1846, and was appointed Commander-in-Chief of the East India and China Station in 1850.
		The bill that was passed in 1835 enacted that "all marriages which shall hereafter be celebrated between persons within the prohibited degrees of consanguinity or affinity shall be absolutely null and void to all intents and purposes whatsoever." At the same time the act did legalize all marriages within the prohibited degrees of affinity (i.e.
	homepages.ihug.co.nz /~awoodley/regency/marry.html (1435 words)

	Marriage Customs in Georgian and Regency England
		the marriage had to be recorded in the marriage register with the signatures of both parties, the witnesses, and the minister.
		This new law put an end to the 'Fleet Marriages' that had allowed a couple to be legally married with only an exchange of vows (1694-1754).
		Because of the expense, marriage by special license was reserved for the very wealthy and well connected.
	www.historylink.info /id191.html (540 words)

	Partners Task Force - Marriage Traditions in Various Times and Cultures
		Ceremonial marriage, often called a “wedding,” is quite distinct from legal marriage and is a relationship, not with the state, but between the couple, their religion and usually their familial and social circle.
		One was called “marriage with manus,” (roughly, “hand-in-hand marriage.”) In this form of union, the woman left her father’s family and come under the legal power of her husband or her husband’s father.
		The other basic form of Roman marriage was called “marriage without manus.” This was equally valid from a legal standpoint, but the woman remained as a member of her father’s family and upon his death became a fully independent legal person.
	www.eskimo.com /~demian/mar-trad.html (7228 words)

	A1753
		The department shall cause to be prepared blank forms of certificates of marriages and marriage licenses corresponding to the requirements of [sections 37:1-7 and 37:1-17 of the Title Marriages and Married Persons] R.S.37:1-7 and R.S.37:1-17.
		The forms, together with such sections of the laws concerning marriages and such instructions and explanations thereof as the department may deem useful to persons having duties to perform under such laws shall be printed and supplied upon request therefor to the local registrars and to the city clerks of cities of the first class.
		The person by whom or the religious society, institution, or organization by or before which, the marriage was solemnized, shall personally or by legally authorized agent subscribe where indicated on the form the date and place of the marriage.
	www.njleg.state.nj.us /2002/Bills/A2000/1753_I1.HTM (440 words)

	Women in Christian Tradition: Words
		Since W. canon law insists on the indissolubility of marriage, divorce in the first sense is not permitted in the RC Church and is contrary to the canons and formularies of the C of E. Popes have, however, claimed to dissolve unconsummated marriages.
		It demands an act of the will and is thus more than intellectual, This voluntarislic moment in the act of faith accounts for the moral quality which it is held to possess and the conviction that wilful unbelief, as a misdirection of the will, merits the censure of God.
		In the case of church marriages this is normally achieved by the publication of the banns, though marriage licences (q.v.) may grant dispensations.
	www.nisto.com /wct/words (6762 words)

	Newhouse A1
		Anthropologists study a wide range of marriage practices, Lancaster says, including cultures where one man marries a group of women or one woman marries a group of men or, rarely, groups of men marry groups of women.
		Often marriage becomes a metaphor that describes the relationship between the faithful and their God (in the book of Hosea, for example) or one that is defined by their relationship with Jesus Christ (Ephesians 5).
		The law required that the Church of England publish the banns, or an announcement that the marriage was planned; that a minister preside as an official witness; and that the marriage be registered.
	www.newhousenews.com /archive/haught050304.html (2325 words)

	The City Gate (Site not responding. Last check: 2007-11-04)
		He mentions that the grounds for marriage were beginning to transition in the 18th century from interests in family connections and property to love.
		One of the forms of marriage this act was meant to stop was called Fleet Marriage.
		Marriage in Fleet Prison, a debtor's prison in London, was a popular option because it was cheap and avoided the notice of parents, the church, or the authorities.
	www.costellofamily.org /cj (1689 words)

	ENG ENL 4122 British Novel Through Hardy (Site not responding. Last check: 2007-11-04)
		To establish what marriage was like in the eighteenth century in England, and why it is such a significant decision to make.
		Her answer is that they are very realistic in two important ways: by demonstrating the secularization of the culture around seduction and marriage and by showing fathers as chief victims in seduction of daughters.
		Staves mentions the 1753 Marriage Act, sometimes called the Hardwick act, but she doesn't provide a thorough explanation of it.
	chuma.cas.usf.edu /~runge/Novel2.html (992 words)

	BBC NEWS \| UK \| The no-sex 'myth'
		The situation did not change until the Hardwicke Marriage Act of 1753, which for the first time stipulated that everyone in England and Wales had to be married in their parish church.
		It was at this time that the spousals and the nuptials were brought together into a single ceremony, and by the 1800s polite society placed a premium on brides being virgins.
		The process begun at the time of the Hardwicke Act continued throughout the 1800s, with stigma beginning to attach to illegitimacy and, according to historian Asa Briggs, its culmination in Victorian ideals that women should be "chaste before marriage and 'modest' after".
	news.bbc.co.uk /2/hi/uk_news/2296151.stm (840 words)

	Marriage in history @ workopolis.com (Site not responding. Last check: 2007-11-04)
		In the English-speaking tradition, until at least the 18th century, marriage was not a religious ceremony but a property transaction, which had very little to do with religion or the feelings of the couple being married.
		In England, that led to Lord Hardwicke's Marriage Act of 1753, which required, for the first time, that all unions involving legal responsibilities follow an authorized procedure and be officially registered.
		No part of this article may be reproduced or republished or redistributed without the prior written consent of the copyright holder.
	www.workopolis.com /servlet/Content/qprinter/20031201/COLETS01-10 (226 words)

	School of Law - Academic Staff - Rebecca Probert
		The first is the way in which marriage is defined to distinguish it from cohabitation, or from non-marriage.
		The second is the question of whether legal rights should be accorded to relationships outside marriage and, if so, how such relationships should be defined.
		I am particularly interested in the historical definition and treatment of marriage and cohabitation, and am currently writing a book on the Marriage Act of 1753.
	www2.warwick.ac.uk /fac/soc/law/staff/academic/probert (344 words)

	Re: The answer to your question is 1753 -- W e l c o m e T o Y o u r D i s c u s s i o n B o a r d
		But it was the court system (or government) at that time, with the Church of England that were acting on behalf of the church then, if I read you right - and 'against' the competing church.
		In 1753 you could only enjoy certain rights if you were married.
		Only marriages >>conducted by the Church of England were valid.
	www.voy.com /58386/1279.html (567 words)

	program (Site not responding. Last check: 2007-11-04)
		Roman marriages began with an informal wedding in which only the families were present, and no officiant was required.
		Protestants generally ignored this decision, and it was only after England’s Civil Marriage Act of 1753 that an officiant was required for legal recognition of a marriage.
		As a result of the unique nature of the painting (specifically the inclusion of the artist and the placement and nature of his signature), art historians believe this beautiful landmark painting was the official certificate of marriage.
	www.andrew.cmu.edu /user/mtd/wedding/program.htm (506 words)

	History of Marriage, Work and the Family prior to the 20th Century
		History of Marriage, Work and the Family prior to the 20th Century (more or less)...
		Lord Hardwick’s Marriage Act of 1753 standardized marriage law in England.
		Wives acted as “vice president” to their husbands, managing the household in the husbands’ absence.
	www.ac.wwu.edu /~family/week2.html (297 words)

	Publisher description for Library of Congress control number 91033370 (Site not responding. Last check: 2007-11-04)
		Now, in Uncertain Unions, Stone presents a multitude of case-studies showing just how these courting and marrying couples were able to maneuver around the ambiguities of marriage law in England, and the many reasons they did so.
		Elmes, we see a wife by ecclesiastical marriage, and a wife by clandestine marriage fight over a man and his inheritance--in this case, each woman could rightfully claim legitimacy as Mr.
		Revealing various types of marriages, and the different levels of sexual liaisons, Uncertain Unions is vivid human history, from the leading historian on family life.
	www.loc.gov /catdir/enhancements/fy0640/91033370-d.html (504 words)

	Texas Approves Constitutional Ban on Same Sex Marriage @ Blogcritics.org
		Marriage also has it's roots in religion and the bible teaches directly against homosexuality.
		Marriage as a formal institution is not much older than the middle ages, and probably not much older than the English Marriage Act of 1753.
		As good intentioned as the voters of Texas may be on the "gay marriage" ammendment, it's not a setback for the gay community.
	blogcritics.org /archives/2005/11/09/014836.php (3497 words)

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