Marriage in Regency England--the Special License

Princess Charlotte and Prince Leopold                                  1816

by Donna Hatch
www.donnahatch.com

English marriage, and the methods in which one could place one's neck in the "parson's noose," underwent a number of changes just prior to the Regency, and they changed again during the Victorian Era. Though a Special License appears frequently in romance novels, during the Regency Era, it was issued rarely, and only under extenuating circumstances.

During the Regency, the most common way to get married (especially among the humbler classes) was to have the banns posted also called "putting up the banns." This required posting on the wall of the church and read by the clergy from the pulpit of both the bride and the groom's parish for three consecutive Sundays in order to give the public a chance to object to the marriage. After that, couple could get married within 90 days, and the wedding must take place between 8 in the morning and noon in the husband or wife's parish of Church of England, even if the couple were Catholic. Quakers and Jews were exempt, apparently.

A couple wishing to marry could also do so by ordinary license. This did not require putting up the banns, but it cost  money--not much, but it wasn't free, and it had many of the same restrictions of marriage by banns.

Marriage by special license was different. The advantages of having a special license were that a couple could marry any time and place that they wished. When applying for a special license, certain criteria must be met. First of all, few outside of titled lords and their spouses and children were eligible, and one seeking such privilege must go appeal to His Grace, the Archbishop of Canterbury.

According to noted researcher and novelist, Susanna Ives:

"BY the Statute of 23 Hen. VIII., the Archbishop of Canterbury has power to grant Special Licences; but in a certain sense these are limited. His Grace restricts his authority to Peers and Peeresses in their own right, to their sons and daughters, to Dowager Peeresses, to Privy Councillors, to Judges of the Courts at Westminster, to Baronets and Knights, and to Members of Parliament ; and by an order of a former Prelate, to no other person is a special licence to be given, unless they allege very strong and weighty reasons for such indulgence, arising from particular circumstances of the case, and they must prove the truth of the same to the satisfaction of the Archbishop."

"In the case where the parties applying do not rank within the restricted indulgences, a personal interview should be sought, or a letter of introduction to his Grace should be obtained, containing the reasons for wishing the favour granted. Should his Grace grant his fiat, in either case the gentleman attends his proctor to make the usual affidavit, that there is no impediment to the marriage—the same as in an ordinary licence." 

Charles Manners-Sutton (1755–1828), Archbishop of Canterbury.

When applying for a special license, both the bride and groom must be named so the Archbishop of Canterbury could verify their eligibility to wed.  Since those who could use a special license were all members of the upper class, and since the archbishop sat in the House of Lords, His Grace probably knew most of them. Regardless, he would not have issued a license without verifying their eligibility to wed.

Also, a special license cost quite a bit more than a regular  marriage license. However, a special license allowed a couple to marry in any location and at any time. It also made the posting the banns unnecessary, so if there were some reason a couple wanted to marry in haste, or didn't want to subject themselves to public protestation, this allowed a way to do it.

Remember, though, that obtaining special license was dependent on the Archbishop of Canterbury's decree and goodwill. His Grace didn't grant Special Licenses frequently nor lightly.

More information about the different methods available to the Regency couple wishing to marry can be found here.

Sources:

http://www.regencyresearcher.com/pages/marriage.html

Regency Era Marriage Customs

Victorian Wedding Etiquette in 1852

Guest Jane Ashford: Marriage Laws in Regency England

Linda Banche here. My guest today is Jane Ashford and her Regency historical, Once Again a Bride. Marriage figures prominently in the book, and here she tells us about what the heroine had to contend with in her marriage.

Leave a comment with your email address for a chance to win the copy of Once Again a Bride which Sourcebooks has generously provided. Jane will select the winner. Check the comments to see who won, and how to contact me to claim your book. If I cannot contact the winner within a week of selection, I will award the book to an alternate. Note, Sourcebooks can mail to USA and Canada addresses only.

And the winner is Joye! Congratulations, Joye, and thanks to all for coming over.
 

Welcome Jane!

Jane Ashford:

Marriage Laws in Regency England

Today, many of us take a host of legal rights for granted. We just assume that married women can own property, administer bank accounts, sign binding contracts. If they want to take someone to court to fight an injustice, they can. If they want to file for divorce, difficult at that may be emotionally, there’s no legal impediment. It’s a no brainer.

The situation was quite different in Regency England. Married women then had next to no legal rights. As soon as she married, a woman's existence was incorporated into that of her husband, giving her the status of a feme covert (English spelling of a medieval Anglo-Norman phrase meaning "covered woman"). She became, essentially, a non-person in the eyes of the law. As the legal authority Blackstone put it, “the very being or legal existence of the woman is suspended.” Her husband gained control of all her property and income, including any future earnings she might make. She couldn’t get an education without her husband’s permission, and he could even prevent her from seeing their children. It was hardly a compensation that she couldn’t be sued (except in conjunction with her husband) and that any debts she ran up were his obligations. (As recently as 1972, two U.S. states allowed a wife to plead “obeying her husband's orders” as a defense in criminal court.)

Of course individual cases varied greatly in those past times. There were kind, liberal husbands, and wives who had great influence over their mates’ decisions. Many families tried to safeguard their daughters' property rights and futures by creating written bonds or settlements, a prenup of sorts. But in the absence of such a document, if a husband wanted to tyrannize, there was nothing stopping him.

This is what happened to the heroine of my recent historical Once Again a Bride. Charlotte Rutherford Wylde was married off by her father to keep her safe. Aware of his failing mental faculties and general health, he wanted to ensure her future. But his judgment was more affected by his illness than he realized, and he picked a disasterous husband in Henry Wylde. Charlotte, loving her father and wanting to believe he’s still the strong, wise figure who has taken such care of her all her life, accepts his choice.

And so, at the age of nineteen, she’s married, and trapped. The aged Henry Wylde has no interest in Charlotte herself. He only wants her money, and he gets it all. Dowry, inheritance when her father dies soon after the wedding, everything. It’s his to spend, and he has no obligation even to tell Charlotte how he’s doing that (wasting it all on bogus antiquities). Charlotte has no recourse. She can’t even complain. Henry is acting completely within the law.

When Henry is killed in the dark London streets, Charlotte discovers that she’s practically penniless. So even though she regains some legal rights as a feme sole, she has no resources. But through determination and an ardent desire to recapture the light and joy of life, she finally earns her HEA ending.

ONCE AGAIN A BRIDE BY JANE ASHFORD – IN STORES FEBRUARY 2013

She couldn’t be more alone…

Widowhood has freed Charlotte Wylde from a demoralizing and miserable marriage. But when her husband’s intriguing nephew and heir arrives to take over the estate, Charlotte discovers she’s unsafe in her own home… Alec Wylde was shocked by his uncle’s untimely death, and even more shocked to encounter his uncle’s beautiful young widow. Now clouds of suspicion are gathering, and charges of murder hover over Charlotte’s head.

He could be her only hope…or her next victim…

ABOUT THE AUTHOR

Jane Ashford discovered Georgette Heyer in junior high school and was captivated by the glittering world and witty language of Regency England. That delight led her to study English literature and travel widely in Britain and Europe. Jane’s historical and contemporary romances have been published all over the world, and she has been nominated for a Career Achievement Award by RT Book Reviews. Eighteen of her Regency romances will be published by Sourcebooks in the near future! Born in Ohio, Jane currently lives in Boston. For more information, please visit www.janeashford.com and her Facebook Page.

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