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Control over marriage in England and Wales, 1753-1823 : the Clandestine Marriages Act of 1753 in context
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Probert, Rebecca. (2009) Control over marriage in England and Wales, 1753-1823 : the Clandestine Marriages Act of 1753 in context. Law and History Review, Vol.27 (No.2). pp. 413-450. ISSN 0738-2480
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Official URL: http://dx.doi.org/10.1017/S0738248000002054
Abstract
It is a belief almost universally shared that the Clandestine Marriages Act of 1753 gave parents absolute control over the marriages of their minor children, and that a failure to obtain parental consent rendered a marriage void. For almost seventy years this Act was in force, from its implementation on March 25, 1754, until it was repealed by the Marriage Act 1823. In this same period historians have discerned the rise of the affective family, characterized by marriage for love and by equality between all members of the family. The tension between these two ideas has resulted in some rather tortuous explanations being advanced in an attempt to reconcile affective individualism and parental power. But was the period between 1754 and 1823 as distinctive as has been assumed?
| Item Type: | Journal Article |
|---|---|
| Subjects: | H Social Sciences > HQ The family. Marriage. Woman K Law > KD England and Wales |
| Divisions: | Faculty of Social Sciences > Law |
| Library of Congress Subject Headings (LCSH): | Marriage law -- England -- History, Marriage law -- Wales -- History |
| Journal or Publication Title: | Law and History Review |
| Publisher: | Cambridge University Press |
| ISSN: | 0738-2480 |
| Date: | 2009 |
| Volume: | Vol.27 |
| Number: | No.2 |
| Page Range: | pp. 413-450 |
| Identification Number: | 10.1017/S0738248000002054 |
| Status: | Peer Reviewed |
| Publication Status: | Published |
| Access rights to Published version: | Restricted or Subscription Access |
| URI: | http://wrap.warwick.ac.uk/id/eprint/39317 |
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