Marriage Act 1836
Encyclopedia
The Act for Marriages in England 1836 6&7WmIV, c85 (17 August 1836) was an act that legalised the concept of civil marriage into England and Wales from 1 January 1837.
Since the Marriage Act 1753
, the only legally recognized marriages in Britain (with the exception of Jews
and Quakers) were those performed in a parish church by a clergyman of the Church of England
. This meant that Roman Catholics and members of other dissenting congregations, as also atheists, Muslims, Hindus or members of any other religious body, had to be married according to (the Anglican) rites and ceremonies which they did not support, and by a priest whom they believed had no authority. If they did not do so, they had no legal rights as married people or as husband and wife. Roman Catholic priests often recommended that their parishioners be married in the Roman Church but then have their marriage legalized in an Anglican parish church. When asked why he recommended this, one priest "declared glomily that almost every day the wife of an Irish labourer was deserted by her husband and could get no redress."
The Marriage Act of 1836 remedied this situation as far as Christian
s belonging to non-Anglican churches were concerned. The act allowed ministers belonging to other churches to register marriages performed in their churches with the government, thus granting legal status to those marriages.
One of the most vocal opponents of the bill was Henry Phillpotts
, Bishop of Exeter. The Times
of 13 October 1836 reports that he denounced the bill as being "…a disgrace to British legislation. (It) is pretended to be called for to prevent clandestine marriages, but I think it will greatly facilitate such proceedings. Not solemnized by the church of England, may be celebrated without entering into a consecrated building, may be contracted by anybody, and will be equally valid, whether it takes place in the house of God, or in the house of a registering clerk, one of the lowest functionaries of the state. The parties may take one another for better and for worse, without calling God to witness their plighted troth. No blessing sought; no solemn vows of mutual fidelity; no religious solemnity whatever …"
Since the Marriage Act 1753
Marriage Act 1753
The Marriage Act 1753, full title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act , was the first statutory legislation in England and Wales to require a formal ceremony of marriage. It came into force on 25 March 1754...
, the only legally recognized marriages in Britain (with the exception of Jews
Jews
The Jews , also known as the Jewish people, are a nation and ethnoreligious group originating in the Israelites or Hebrews of the Ancient Near East. The Jewish ethnicity, nationality, and religion are strongly interrelated, as Judaism is the traditional faith of the Jewish nation...
and Quakers) were those performed in a parish church by a clergyman of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
. This meant that Roman Catholics and members of other dissenting congregations, as also atheists, Muslims, Hindus or members of any other religious body, had to be married according to (the Anglican) rites and ceremonies which they did not support, and by a priest whom they believed had no authority. If they did not do so, they had no legal rights as married people or as husband and wife. Roman Catholic priests often recommended that their parishioners be married in the Roman Church but then have their marriage legalized in an Anglican parish church. When asked why he recommended this, one priest "declared glomily that almost every day the wife of an Irish labourer was deserted by her husband and could get no redress."
The Marriage Act of 1836 remedied this situation as far as Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
s belonging to non-Anglican churches were concerned. The act allowed ministers belonging to other churches to register marriages performed in their churches with the government, thus granting legal status to those marriages.
One of the most vocal opponents of the bill was Henry Phillpotts
Henry Phillpotts
Henry Phillpotts , often called "Henry of Exeter", was the Anglican Bishop of Exeter from 1830 to 1869. He was England's longest serving bishop since the 14th century and a striking figure of the 19th century Church.- Early life :...
, Bishop of Exeter. The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
of 13 October 1836 reports that he denounced the bill as being "…a disgrace to British legislation. (It) is pretended to be called for to prevent clandestine marriages, but I think it will greatly facilitate such proceedings. Not solemnized by the church of England, may be celebrated without entering into a consecrated building, may be contracted by anybody, and will be equally valid, whether it takes place in the house of God, or in the house of a registering clerk, one of the lowest functionaries of the state. The parties may take one another for better and for worse, without calling God to witness their plighted troth. No blessing sought; no solemn vows of mutual fidelity; no religious solemnity whatever …"