Family Tree of Knowledge 4: English Marriage Records

In England, Lord Hardwick’s Marriage Act of 1753 was passed in order to prevent clandestine marriages, particularly those of minors, and other abuses. Formerly, a marriage had been valid under the common law if the parties merely consented to marriage in the presence of witnesses, and celebrated by an Anglican priest. Clandestine marriages, sometimes of minors, were commonly celebrated – often for a sum of money – in the district of the Fleet Prison in London (hence being termed “Fleet marriages”) by persons pretending to be priests. One such “parson” had claimed to have married 6,000 couples, while another had earned himself £75 12s 0d in one month alone! Con-men regularly frequented the prisons and taverns of London, selling illegal “marriages” *.
The Marriage Act of 1753 stipulated that a marriage, in order to be valid in England and Wales, must be held and celebrated in a church of the Established Church of England (Anglican), and only after the publication of banns or by special licence. Minors must also obtain the consent of parents or guardians. The Act nevertheless excepted the royal family, Jews and Quakers. The royal family required the sovereign’s consent and would be governed by the Royal Marriage Act; Jews were naturally excepted on religious grounds; the Quakers had successfully argued that their marriages were never illegal because they had been lawful prior to the Restoration of 1660, and no Act of Parliament had proclaimed otherwise. While Jews and Quakers continued to celebrate marriages without harassment, other nonconformists – including Roman Catholics – had to wait until 1836, when an amendment to the Marriage Act was finally passed that would permit marriage before a registrar or with religious rites other than Anglican. The Act for the Registration of Births, Marriages and Deaths came into force on 1 July 1837.
Thus, with the exception of Jews and Quakers, legal marriages could only be performed in England and Wales and their colonies, by Anglican clergymen prior to the commencement of civil registration. One would only need to find the marriage entry of ancestors in an official Church of England parish register in order to establish its legality. Yet, taking into account the survival rate of the early registers, it could prove to be quite a difficult task. The job does become easier for those records after 1753, as separate marriage registers were being provided, and most of these still survive. Banns were also recorded in those same registers. Happily, since the introduction of civil registration in 1837, one should have no difficulty in tracing a marriage from that time, for they appear on national indexes. So, how is it that there are some marriages that cannot be found, even after 1837?
A fact to always remember is that birth and death are natural events, but marriage is wholly a legal status. We cannot argue about a birth if a certain person can be proved to have been living at some point. Even without a record of death, such can be naturally assumed after a certain number of years. Yet, when it comes to marriage it is only the actual legal record that would prove that the event had occurred. Marriage is therefore purely a legal matter, confirmed by record.
See next Missing Marriage Records (England) before 1753

* Basil Williams, The Whig Supremacy, 2nd edition, revised by CH Stuart, Clarendon Press, Oxford, 1963, p 136.

[The author is a professional genealogist and historical researcher of 35 years' experience, dealing with all types of sources in England, but now specialising in medieval, manorial and legal work. For more information visit http://www.thechangingseasons.com/index.php?main_page=page&id=22&chapter=40 ]