THERE is no doubt that in the seventeenth and eighteenth centuries, the Marriage laws, as we now understand them, were somewhat lax, and it is possible that it was so long before that time, for in Edward VI.'s time an Act was passed (2 and 3 Ed. VI., c. 21, s. 3) entitled "An Act to take away all positive laws made against marriage of priests." Section 3 provides that it shall not "give any liberty to any person to marry without asking in the church, or without any ceremony being appointed by the order prescribed and set forth in the book intituled "The Book of Common Prayer, and administration of the Sacraments, &c." Mary, of course, repealed this Act, and it was revived and made perpetual by 1 Jas. 1. c. 25, s. 50.
It was only after the Council of Trent, that the offices of the Church were considered indispensable, for that Council decreed that a priest, and two witnesses were necessary for the proper celebration of the Nuptial tie. Still, the law of England, like the law of Scotland, allowed the taking of a woman as wife before witnesses, and acknowledging her position, which constituted at common law a good and lawful marriage, which could not be annulled by the Ecclesiastical Court. That many such took place among the Puritans and Sectarians of the time of Charles I. and the Commonwealth is undoubted, for it needed an Act of Parliament (12 Chas. II. c. 33) to render such marriages legal. This enacted "That all marriages had, or solemnized, in any of his Majesty's dominions since the first day of May, in the year of our Lord, one thousand six hundred forty and two, before any justice of the Peace, or reputed justice of the Peace of England, or Wales, or other his Majesty's dominions, ... shall be, and shall be adjudged, esteemed, and taken to be, and to have been of the same, and no other force or effect, as if such marriages had been had, and solemnized, according to the rites and ceremonies established, or used in the Church or kingdom of England; any law, custom, or usage to the contrary thereof notwithstanding."
This short synopsis of the Marriage law in England is necessary, in order to understand the subject of Fleet Marriages, which, however, were not all disreputable. The Fleet, as we have seen, had a Chapel of its own; and in old times, a Chaplain—so that Marriages might well be celebrated there, in as proper and dignified a manner as elsewhere. And, we must bear in mind that early in the seventeenth century, the prisoners were of a very different stamp to those of the latter half of the eighteenth century, until the demolition of the prison. Therefore we see no impropriety in the first Marriage known on record—which is that of Mr. Geo. Lester, then a prisoner in the Fleet, to a woman of fortune one Mistress Babbington. This is mentioned in a letter of September, 1613, from Alderman Lowe to Lady Hicks, and may be found in the Lansdowne MSS. 93-17. He writes: "Now I am to enform you that an ancyentt acquayntence of ye and myne is yesterday marryed in the Fleete, one Mr. George Lester, and hath maryed Mris Babbington, Mr Thomas Fanshawe mother in lawe. Itt is sayd she is a woman of goode wealthe, so as nowe the man wyll be able to lyve and mayntayne hymself in pryson, for hether unto he hath byne in poor estate. I praye God he be nott encoryged by his marige to do as becher doth, I meane to troble his frynds in lawe, but I hope he wyll have a better conscyence and more honestye than the other men hathe."
Towards the middle of the seventeenth century clandestine, and irregular marriage was prevalent, and it is easily accounted for. A public marriage had come to be a very expensive affair. There was a festival, which lasted several days, during which open house had to be kept; there were the Marriage Settlements, presents, pin money, music, and what not—so that the binding of their Children in the holy Estate of Matrimony was a serious matter to parents; who probably preferred giving the young couple the money that otherwise would go in useless waste and profusion. So they used to get married quietly: a custom which Pepys reprobates in the marriage of the daughter of Sir William Penn to Mr. Anthony Lowther. "No friends, but two or three relations of his and hers." The bride was married in "palterly clothes, and nothing new but a bracelet that her servant had given her." And he further says, remarking on the meanness of the whole affair, "One wonder I observed to day, that there was no musique in the morning to call up our new married people, which is very mean, methinks."
Misson, who visited England in the reign of William III., speaks of these private marriages. "The Ordinary ones, as I said before, are generally incognito. The Bridegroom, that is to say, the Husband that is to be, and the Bride, who is the Wife that is to be, conducted by their Father and Mother, or by those that serve them in their room, and accompany'd by two Bride men, and two Bride Maids, go early in the Morning with a Licence in their Pocket, and call up Mr. Curate and his Clerk, tell them their Business; are marry'd with a low Voice, and the Doors shut; tip the Minister a Guinea, and the Clerk a Crown; steal softly out, one one way, and t'other another, either on Foot or in Coaches; go different Ways to some Tavern at a Distance from their own Lodgings, or to the House of some trusty Friend, there have a good Dinner, and return Home at Night as quietly as Lambs. If the Drums and Fiddles have notice of it, they will be sure to be with them by Day Break, making a horrible Racket, till they have got the Pence; and, which is worst of all, the whole Murder will come out."
This senseless custom survives, in a modified degree, in our times, when on the marriage of a journeyman butcher, his companions treat him to a performance of the "Marrow bones and Cleavers," and also in the case of marriage of persons in a superior station of life, in the playing, on the Organ, of a Wedding March.
The oldest entry of a Marriage in those Registers of the Fleet which have been preserved is A.D. 1674, and there is nothing to lead us to imagine that it was more irregular than that of Mistress Babbington; on the contrary, it is extremely probable that, previously, prisoners were married in their chapel, with the orthodox publication of banns, and by their own Chaplain. But marriages were performed without licence or banns in many churches, which claimed to be peculiars, and exempt from the Visitation of the Ordinary: as St. James', Duke's Place, now pulled down, denied the jurisdiction of the Bishop of London because the Mayor, Commonalty, and Citizens of London, were Lords of the Manor, and Patrons of the Church: but the Rector found that the Ecclesiastical Law was stronger than he, and that its arm was long and powerful, and the Rev. Adam Elliott was suspended (Feb. 17, 1686) 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 did not suffer the full term of his punishment, for he managed to get re-instated on May 28, 1687, and began his old practices the very next day.
The Chapel of Holy Trinity, Minories, pleaded privilege, on the ground that it was a Crown living, and as much a peculiar as Westminster Abbey, or the Deanery of Windsor; while the Chapels of the Tower and the Savoy sought exemption because they were Royal Chapels, and therefore the Bishop had no jurisdiction over them. Besides these, there were very many more chapels scattered over the Metropolis where irregular marriages were performed, a list of about ninety having been preserved.
These Marriages so increased that it was found necessary to legislate about them, and, in 1689, an Act (6 and 7 Will. III. c. 6, s. 24) was passed making it compulsory, under a penalty of One Hundred pounds, for every parson to keep an accurate register of births, Marriages, and deaths. Another Act was passed in 1696 (17 and 18 Will. III. c. 35, s. 2-3) whereby a penalty of £100 was imposed on any Clergyman who married, or permitted another to marry, couples, otherwise than by banns or licence. This was enforced by another Act in 1711 (10 Anne c. 19, s. 176), which confirmed the penalty, and moreover, this section shows that irregular marriages were getting to be common in prisons, for it provides that "if any gaoler, or keeper of any prison, shall be privy to, or knowingly permit any marriage to be solemnized in his said prison, before publication of banns, or licence obtained, as aforesaid, he shall, for every such offence, forfeit the sum of one hundred pounds," &c.