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Marriage Law and Practice in the Long Eighteenth Century - A Reassessment (Hardcover)
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Marriage Law and Practice in the Long Eighteenth Century - A Reassessment (Hardcover)
Series: Cambridge Studies in English Legal History
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This book uses a wide range of primary sources - legal, literary
and demographic - to provide a radical reassessment of
eighteenth-century marriage. It disproves the widespread assumption
that couples married simply by exchanging consent, demonstrating
that such exchanges were regarded merely as contracts to marry and
that marriage in church was almost universal outside London. It
shows how the Clandestine Marriages Act of 1753 was primarily
intended to prevent clergymen operating out of London's Fleet
prison from conducting marriages, and that it was successful in so
doing. It also refutes the idea that the 1753 Act was harsh or
strictly interpreted, illustrating the courts' pragmatic approach.
Finally, it establishes that only a few non-Anglicans married
according to their own rites before the Act; while afterwards most
- save the exempted Quakers and Jews - similarly married in church.
In short, eighteenth-century couples complied with whatever the law
required for a valid marriage.
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