Genealogists undertaking research before 1754 may come across the term 'clandestine' marriage - but what did this mean? In essence, the term referred to a common-law marriage, rather than a marriage validated by canon (or church) law.
Hardwicke's Marriage Act
This Act was passed in 1753, and came into force in 1754, and amongst other things it required that all marriages had to take place in an Anglican church. The only denominations who were exempt from this, were Quakers and Jews. Thus, if a marriage took place elsewhere, it was not valid, and thus clandestine marriages were stopped in England and Wales.
Prior to 1754
Before this time, matters were more complicated when it came to marriage law. It was actually legal to marry away from an Anglican church - such as in a private property - and without the formal calling of banns or obtaining of a marriage licence, so long as an Anglican clergyman presided over the event. These marriages were termed 'clandestine' and our ancestors may have undertaken such a marriage for all sorts of reasons. Minors who wished to get married would have needed the consent of a parent, although not if a 'clandestine' marriage was undertaken instead. It also may have been a cheaper option, which would have certainly also been an added attraction.
Fleet Marriages
A tradition of marrying in the Fleet Prison and similar institutions grew up in London, so by the 18th century a significant proportion of London marriages were 'clandestine' - estimates suggest that up to half all weddings in the capital were undertaken in this way. Clergymen who were interred for debt were happy to undertake a marriage for a small fee, with few or no questions asked of the couple. Marriages which took place here have been digitised online in the collection 'London, England, Clandestine Marriage and Baptism Registers, 1667-1754.'
Other 'clandestine' places of marriage
Perhaps surprisingly, some churches also provided these type of marriages. In the late 17th century, the church of St James, Duke's Place, in the City of London was one of these, working outside the jurisdiction of the Bishop of London. Around 40,000 marriages are recorded in the registers there in the later decades of the 1600s, which is a huge amount for a regular parish church. As these are church records, the registers of this church are included within the London Anglican collections on Ancestry, and so it is not necessarily obvious that these technically represent 'clandestine' marriages.
An example from the registers of St James, Duke's Place, is shown here - 13 couples married on 30th June 1681 alone.
Find Out More?
To find out more about 'clandestine' marriages, look at this Research Guide from bmdregisters. Professor Rebecca Probert is an expert on marriage law, and her book 'Marriage Law for Genealogists' is also well worth a look. If you are interested in whether your own ancestors undertook a 'clandestine' marriage, why not contact our team of professional genealogists today for a a free, no obligation quote to undertake research on your family tree.
