These private marriages had their inconveniences, as the following advertisement[42] shows: 'Whereas, for several Reasons, the Marriage of Mrs. Frances Herbert to Capt. James Price, Son to Brigadier Price of Ireland, was kept private for some time, which has occasioned some insolent People to censure her Virtue; to prevent which Censures for the future, it is thought proper to give this Publick Notice that she was marry'd to the said Capt. James Price on the 18th Day of June last at the Parish Church of St. Bennet's, Pauls Wharf, London, by License and before Witnesses.'
Misson adverts to this custom of private marriage as being very common. 'In England, a Boy may marry at fourteen Years old, and a Girl at twelve, in spight of Parents and Guardians, without any Possibility of dissolving their Marriage, tho' one be the Son of a Hog-driver, and the other a Duke's Daughter.[43] This often produces very whimsical Matches. There is another thing in it odd enough; for those Children by this means not only become their own Masters, but obtain this Advantage at a very easy Rate. If to be marry'd it were necessary to be proclaim'd three Times in a full Congregation, their Friends would be inform'd of the Matter, and might find a Way to disswade a little Girl, that had taken it into her Head to have a Husband, by giving her fine Cloaths, pretty Babies, and every Thing else that might amuse her; but the Wedding is clapp'd up so privately, that People are amaz'd to see Women brought to Bed of legitimate Children, without having heard a Word of the Father. The Law, indeed, requires that the Bans should be publish'd; but the strange Practice of a dispensing Power makes the Law of no Manner of Use. To proclaim Bans is a Thing no Body now cares to have done; very few are willing to have their Affairs declar'd to all the World in a publick Place, when for a Guinea they may do it Snug, and without Noise; and my good Friends the Clergy, who find their Accounts in it, are not very zealous to prevent it. Thus, then, they buy what they call a Licence, and are marry'd in their Closets, in Presence of a couple of Friends, that serve for Witnesses; and this ties them for ever: Nay, the Abuse is yet greater, for they may be marry'd without a Licence in some Chappels, which have that Privilege.... Hence comes the Matches between Footmen and young Ladies of Quality, who you may be sure live no very easy Life together afterwards: Hence, too, happen Polygamies, easily conceal'd, and too much practised.'
Sometimes they were married at a tavern.[44] 'Whereas a Couple was marryed at the Ship Tavern without Temple Barr, London, in March, 1696. The Parson, or any other that was then Present, is desired to come or send to the Publisher of this Paper, and give an account of the said Marriage, and shall be satisfied for their charges of coming or sending, and loss of time.'
The irregular marriages were a crying evil of the times—in spite of legislative efforts to stop them. There was an Act passed, 6 and 7 Wm. III. cap. 7, sec. 52, for the better levying the 5s. duty on licences, and imposing a penalty of 100l. for marrying without one—and the 7 and 8 Wm. III. cap. 35 recites this Act, and says it was ineffectual, because the penalty of 100l. was not extended to every offence of the same parson—because the parsons employed poor and indigent ministers, without benefices, or settled habitations, and because many ministers, being in prison for debt or otherwise, married persons for lucre and gain.
There have been certain churches and chapels[45] exempted from the visitation of the ordinary—and the ministers of such, usually married without licence or banns—and these were called 'lawless churches.' In Anne's reign there was one famous one, St. James', Duke's Place, by Aldgate. Another was Holy Trinity, Minories, which exercised the same privilege. The Savoy had not yet been much heard of, and they did a good business. In the former case, privilege was claimed, because the Mayor, Commonalty, and Citizens of London were lords of the manor and patrons of the church, and therefore set up an exemption from the jurisdiction (in matters ecclesiastical) of the Bishop of London. In the latter, it was pleaded that the living was held direct from the Crown, in whose gift it was, and that the minister held the same by an instrument of dotation, under the Great Seal of England, and that it was neither a rectory nor vicarage institutive. However, the arm of the ecclesiastical law did once reach Adam Elliott, rector of St. James', and on Feb. 17, 1686, he was suspended for three years, ab officio et beneficio, for having married, or having suffered persons to be married, at the said church, without banns or licence. He was, however, reinstituted on May 28, 1687, after having petitioned the Ecclesiastical Commissioners; but he began his old trade very shortly afterwards, in fact the next day, as appears in the marriage register of the church—'There were no marriages from the tenth of March till ye 29 day of May' 1687.
People could be, and were, married without licence, both in the Fleet and Queen's Bench Prisons. It is probable that prisoners there were duly and properly married by banns in the prison chapel, long before 1674, which is the date of the earliest illicit Fleet Register in the Bishop of London's registry; for, in a letter, Sept. 1613, we read:[46] 'Now I am to enform you that an ancyentt acquayntance of yrs and myne is yesterday maryed in the Fleette, one Mr. Georg Lestor, and hath maryed Mris Babbington, Mr. Thomas Fanshawe mother-in-lawe. It is sayed she is a woman of good wealthe so as nowe the man wylle able to lyve and mayntayn hymself in prison, for hether unto he hath byne in poor estate.' But, at all events, the law was set at nought in Anne's reign, as it was for many a long year afterwards. In 1702 the chaplain was Robert Elborough, who married but few without banns or licence, 'but under a colour doth allow his clerk Bartholomew Basset to do what he pleases,' and in 1714 Mr. John Taylor filled the same office, but he does not seem to have solemnised matrimony at the Fleet. There was, however, a low clergyman, named John Gaynam, otherwise Doctor Gaynam, who did a large trade there in marriages, from 1709 to 1740. A little anecdote of him, though not in Queen Anne's time, may not be amiss. He was giving evidence at the Old Bailey on the trial of Robert Hussey for bigamy, in 1733.
Dr. Gainham. The 9th of September, 1733, I married a couple at the Rainbow Coffee House, the corner of Fleet Ditch, and entered the marriage in my register, as fair a register as any church in England can produce. I showed it last night to the foreman of the jury, and my Lord Mayor's Clerk, at the London Punch House.
Counsel. Are you not ashamed to come and own a clandestine marriage in the face of a court of justice?
Dr. Gainham (bowing). Video meliora, deteriora sequor.
The same practice was followed by others during this reign. Wm. Wyatt, who moved from the Two Sawyers, at the corner of Fleet Lane, to the Hand and Pen near Holborn Bridge, married from 1713 to 1750. John Floud, who was for some years a prisoner in the Fleet, married from 1709 to 1729. John Mottram, from 1709 to 1725. He was convicted, in 1716, in the Consistory Court, for marrying illegally, and was suspended from his ministerial functions for three years. Jerome Alley, from 1681 to 1707, when he left off marrying 'for some other preferment.' Draper, from 1689 to 1716. John Evans, from 1689 to 1729. Henry Gower, 1689 to 1718. Thos. Hodgkins, 1674 to 1728. Ed. Marston, 1713 to 1714. Oswald, 1712. Nehemiah Rogers, a prisoner, but rector of Ashingdon, Essex, married between 1700 and 1703. He seems to have been a specially bright specimen of the Fleet parson. 'He is a Prisoner, but goes at larg to his P. Living in Essex, and all places else; he is a very wicked man as lives, for drinking, whoring, and swearing, he has struck and boxed ye bridegroom in ye Chapple, and damned like any com'on soldier, he marries both within and without ye Chapple like his brother Colton.' This was James Colton, who had been deprived of his living for evil practices, and married from 1681 to 1721. Benj. Bynes, 1698 to 1711. Walter Stanhope, 1711. Jo. Vice, 1689 to 1713; and J. Wise, in 1709.