Marriage Law and Practice in the Long Eighteenth Century: A Reassessment

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Cambridge University Press, 2009年7月2日
This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.
 

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內容

1 Introduction
1
2 The misunderstood contract per verba de praesenti
21
3 The myths of informal and commonlaw marriage
68
4 The littleconsidered marriage practices of nonAnglicans
131
5 The unacknowledged regularity of clandestine marriages
166
6 The eventual passage and actual terms of the 1753 Act
206
7 The unappreciated success of the 1753 Act
244
8 The unexplored judicial interpretation of the 1753 Act
284
9 The overlooked response of nonAnglicans
314
10 Conclusion
340
Index
347
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關於作者 (2009)

Rebecca Probert is an Associate Professor at the University of Warwick, teaching family law and child law. She has published widely on both modern family law and its history.

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