Chapter 32

[1300]Cardwell,Documentary Annals, II, 200-207, gives Bishop Wren's "Orders and Directions" for the diocese of Norwich, 1636:"XI. That they go up to the holy table at marriages at such time thereof as the rubric so directeth, and that the new married persons do kneel without the rail, and do at their own charge, if the communion were not warned the Sunday before, receive the holy communion that day, or else to be presented by the minister and churchwardens at the next generals for not receiving."XII. That no minister presume to marry any persons, whereof one of the parties is not of his parish, unless it be otherwise expressly mentioned in the license; nor that he marry any by virtue of any faculties or license, wherein the authority of an archdeacon or official is mentioned,sub poena suspensionis."

[1300]Cardwell,Documentary Annals, II, 200-207, gives Bishop Wren's "Orders and Directions" for the diocese of Norwich, 1636:

"XI. That they go up to the holy table at marriages at such time thereof as the rubric so directeth, and that the new married persons do kneel without the rail, and do at their own charge, if the communion were not warned the Sunday before, receive the holy communion that day, or else to be presented by the minister and churchwardens at the next generals for not receiving.

"XII. That no minister presume to marry any persons, whereof one of the parties is not of his parish, unless it be otherwise expressly mentioned in the license; nor that he marry any by virtue of any faculties or license, wherein the authority of an archdeacon or official is mentioned,sub poena suspensionis."

[1301]Waters,Parish Registers in England, 11, 16.Cf.Lathbury,Hist. of the Book of Common Prayer, 310, and the authorities there cited.Jeaffreson,Brides and Bridals, II, 69, gives the form of marriage contract prescribed by the Directory.

[1302]For a fair estimate of the character of the "Barebone's Parliament," seeInderwick,The Interregnum, 15-17;Jenks,Const. Experiments, 69-75.

[1303]This marriage act of August 24, 1653, is contained inScobell'sActs and Ordinances of Parliament, 236-38, though, to the disgust of the historical student, not in any of the various editions of theStatutes. I have here used a copy of the act contained in a contemporary newspaper entitledSeveral Proceedings of Parliament, from Tuesday the twenty-third of August, to Tuesday the thirtieth of August, 1653, found in the fine collection of seventeenth-century pamphlets in the Sutro Library, San Francisco. An inaccurate copy of the principal provisions of the act is given byBurn,Parish Registers, 26-29; and there is a good summary inFriedberg,Eheschliessung, 322, 323. On this act and the views of the Independents seeCook, "The Marriage Celebration in Europe,"Atlantic Monthly, LXI, 255-57.

[1304]Hence the ridicule ofButler,Hudibras, Part III, c. 2, 303-10 (Boston, 1864), II, 18:"Others were for abolishingThat tool of matrimony, a ring,With which th' unsanctify'd bridegroomIs marry'd only to a thumb(As wise as ringing of a pig,That us'd to break up ground and dig),The bride to nothing but her will,That nulls the after-marriage still."

[1304]Hence the ridicule ofButler,Hudibras, Part III, c. 2, 303-10 (Boston, 1864), II, 18:

"Others were for abolishingThat tool of matrimony, a ring,With which th' unsanctify'd bridegroomIs marry'd only to a thumb(As wise as ringing of a pig,That us'd to break up ground and dig),The bride to nothing but her will,That nulls the after-marriage still."

[1305]Cf.Friedberg,Eheschliessung, 322, 330. After the restriction was removed in 1656, marriages were frequently solemnized before the mayor and the minister of the parish jointly:Burn,Parish Registers, 162, 163, note;Waters,Parish Registers in England, 16. In 1658, according to the register of St. Giles in the Fields, a marriage was celebrated by William Jervis, D.D., before witnesses, and then follows this entry: "That also the sd. marriage ... hath its consummation before John Lord Berksted, Lord Lieutenant of the Tower of London" according to the act of parliament, and before Sir Jno. Sedley of the county of Kent. Apparently this was a double celebration:Notes and Queries, 3d Series, I, 228. For this case see alsoJeaffreson,Brides and Bridals, II, 71, who affirms that usually the "wedding was religiously solemnized in church, after or before the performance of the purely civil affirmation in the magistrate's parlour, ... in accordance with the instructions of the 'Directory of Public Worship;'" and it seems that the celebration was sometimes conducted according to the Book of Common Prayer:Lathbury,Hist. of the Book of Common Prayer, 310.

[1306]Scobell,Acts and Ordinances, 1656, c. 10, p. 394.Cf.alsoBurn,Parish Registers, 29. In 1658 it was permitted to use the "accustomed religious rites" if the parties preferred:Wood,The Wedding Day, 279.

[1307]Inderwick,The Interregnum, 46.

[1308]The act of 1650, c. 43:Scobell,Acts and Ordinances, 150, 151, contains a general provision for such a commission in cases of pretended marriages.

[1309]Inderwick,op. cit., 183, 184.

[1310]See the case of "John Buck and Mary his wife" inInderwick,op. cit., 183. That the justices took a hand in these cases appears to be a reasonable conjecture.

[1311]Something had, however, been done to check this evil by Tudor legislation. The act of 3 H. VII., c. 2,Statutes at Large(Ruffhead), II, 69, provides that if anyone take away against her will any woman, whether maid, widow, or wife, "having substances, some in Goods moveable, and some in Lands and Tenements, and some being Heirs apparent unto their ancestors," and marry her or cause her to be married or deflowered, or in any way aid or abet the same, he shall be guilty of felony; and the act of 39 Elizabeth, c. 9,Statutes at Large, II, 689, deprives such offenders of benefit of clergy. Again by 4 and 5 Philip and Mary, c. 8,Statutes at Large, II, 515, the abduction of a maid under sixteen is punishable by two years' imprisonment or a fine to be fixed by the Star Chamber; while the taking away and marrying or deflowering any woman child under that age is punishable with five years' imprisonment or a fine as in the first case. For these and the earlier statutes regarding rape seeThe Lawes Resolutions of Womens Rights, 376-90.These acts, it should be noted, are quite restricted in their range and besides, by 1653, they seem to have become practically a dead letter; although in 1753 Attorney General Ryder declares they are still in force:Hansard,Parliamentary History, XV, 3-5; and so does the act of 1650, c. 43:Scobell,Acts and Ordinances, 151. On the other hand, the act of the Commonwealth applies to all minors under twenty-one, men or women, whether heirs or possessors of property or not; the penalties were severe; and the fraudulent or forcible marriage is void.

These acts, it should be noted, are quite restricted in their range and besides, by 1653, they seem to have become practically a dead letter; although in 1753 Attorney General Ryder declares they are still in force:Hansard,Parliamentary History, XV, 3-5; and so does the act of 1650, c. 43:Scobell,Acts and Ordinances, 151. On the other hand, the act of the Commonwealth applies to all minors under twenty-one, men or women, whether heirs or possessors of property or not; the penalties were severe; and the fraudulent or forcible marriage is void.

[1312]The MSS. of the Duke of Northumberland inReports of the Hist. Manuscript Commission, III, 55, 59, 61, show entry before the Star Chamber of three such cases: On June 3, 1608, "Atty Gen.v.Thos. Mollineux, Riot and other Misdemeanors in marriage of daughter of Mr. Brooke against his will." Feb. 5, 1611-12, "Atty Gen.v.Humphry and Margaret Chatterton et al. Conspiring to deceive Lord Cavendish of his son, Sir William, aged 14, and King of his Wardship. Supposed contract of marriage between Sir William Cavendish and Margaret Chatterton, a waiting maid." Jan. 1612-13, "Elizabeth de la Fountaine, widow,v.Stephen Harvie et al. Practicing to steal away and marry plaintiff's daughter, aged 8."

[1313]The act (1650, c. 43) inScobell'sActs and Ordinances, 150, 151.

[1314]Inderwick,op. cit., 40-43: citingState Papers, 1649-50; andWhitelock,op. cit., III, 293, 319.

[1315]For examples of marriages annulled by the quarter sessions under this act seeJeaffreson,Middlesex County Records, III, 233, 234, 264; alsoInderwick,op. cit., 43, 45.

[1316]Roberts,The Social History of the People of the Southern Counties of England in past Centuries(London, 1856), 204, 205.

[1317]Burn,Parish Registers, 140 n. 1. By the code of Theodosius, already cited (above, p. 295), when the betrothal was sealed with a kiss, the lover received one-half of the gifts; but the woman, "whether kissing or not kissing, whatsoever she gave, she may ask and have it again":ibid., 140. CompareThe Lawes Resolutions of Womens Rights, 71, 72 (on "Wooing" and the "Condiments of Love").

[1318]The following is a specimen of such entry by a justice, taken from the parish register of Shudy Camps, in Cambridgeshire (Burn,op. cit., 26):"Cambsh.—These are to certifie all whom it may concern ytJnoWignald Clerke (being elected Register of yeparish of Shudy Camps by yeInhabitts. of yesame Parish as hath appear'd unto me by a Certificate under yehands of yeInhabitants thereof) did come before me Tho. Benett Esqr. one of yeJustices for yepeace of yesdCountie and did take his oath for yedue Execution of his office accgto yelate Act of Parliamtin ytcase made and provided. Which sdJohn Wignald I do hereby constitute Register thereof. Accordingly witness my hand and seal this 10 of Jan. 1653. Tho. Benett."For similar certificates seeStavert,Parish Register of Burnsall-in-Craven, 88;Cowper,The Booke of Register of the Parish of St. Peter in Canterbury, 89; andWaters,Parish Registers in England, 14.

[1318]The following is a specimen of such entry by a justice, taken from the parish register of Shudy Camps, in Cambridgeshire (Burn,op. cit., 26):

"Cambsh.—These are to certifie all whom it may concern ytJnoWignald Clerke (being elected Register of yeparish of Shudy Camps by yeInhabitts. of yesame Parish as hath appear'd unto me by a Certificate under yehands of yeInhabitants thereof) did come before me Tho. Benett Esqr. one of yeJustices for yepeace of yesdCountie and did take his oath for yedue Execution of his office accgto yelate Act of Parliamtin ytcase made and provided. Which sdJohn Wignald I do hereby constitute Register thereof. Accordingly witness my hand and seal this 10 of Jan. 1653. Tho. Benett."

For similar certificates seeStavert,Parish Register of Burnsall-in-Craven, 88;Cowper,The Booke of Register of the Parish of St. Peter in Canterbury, 89; andWaters,Parish Registers in England, 14.

[1319]The fees for registration authorized are for each marriage 12d.; publication and certificate of marriage, 12d.; each birth or death, 4d.; and no charge in case of persons living by alms.

[1320]The parish register of Boston, Lincolnshire, shows "that during the years 1656, 1657, and 1658 respectively the number of marriages proclaimed in the market-place were 102, 104, and 108, and of those announced in the church, 48, 31, 52."—Wood,The Wedding Day, 278, 279.

[1321]The English clerk of the peace keeps the records of the quarter sessions and in a measure corresponds to the county clerk in the United States;cf.Howard,Local Const. Hist., I, 315.

[1322]Burn,Parish Registers, 52.

[1323]Waters,Parish Registers of England, 17.

[1324]The registration for the period of the act is very full inHoveden,The Register Booke ... of the Cath. and Met. Church of Christe of Cant., 58, 59;Margerison,The Registers of the Parish Church of Calverly, II, 117-24;Stavert,The Parish Register of Burnsall-in-Craven, 87-104. InPhillimore'sGloustershire Parish Registers, I, 9, there are no entries for 1653-54 and for several years before, while they are relatively full thereafter.Bulwer'sParish Registers of St. Martin-cum-Gregory in the City of York, II, 78-87, have a full record both before and after 1660. The same is true ofCowper'sBooke of Register of the Parish of St. Peter in Canterbury, 89-92, for the period 1640-60; while before 1640 there are fewer entries, and after 1660 a much less complete record. InSanders'sRegisters of Eastham, Cheshire, 75-85, the record begins in 1654 after an interval of ten years; but hisRegisters of Bebington, County Chester, 129, show a blank for the years 1654-56.Radcliffe'sRegisters of St. Chad, Saddlworth, supplement, 450-53, 444-49; and theRegister Booke of Inglebye iuxta Grenhow, 165-69, are full and very interesting. Compare the other registers named in Bibliographical Note X, showing a few entries each year.

[1325]John Graunt,Natural and Political Observations(3d ed., Oxford, 1665), 158, 159 (Appendix). For calling my attention to this passage I am indebted to the kindness of Professor Charles H. Hull. In the "Introduction" to his edition ofPetty'sEconomic Writings(Cambridge, 1899), I, xxxiv ff., lxxv ff., lxxx ff., may be found an account of Graunt's life and works.

[1326]"The Table of the Parish of Tiverton" (Graunt,Natural and Political Observations, 158, 159):ChristenedBuriedYearsWeddingsM.F.BothM.F.Both16509667914579161651950631135101516529807315348519916532189219*208477812516541081051012067268140165514087104191871142011656109107901975686142165710294101195675912616586070831537785162165937777815572801526048158911716538640117816602761681297069139166138839317673851581662367356129919518616633568641327274146166441687214098114212177353353706404437841* Error in the original.Graunt's"Table for the Country Parish"—identified by Hull with Romsey in Hampshire (Petty,Economic Writings, II, 412)—affords similar evidence. The table for Cranbrook in Kent ends in 1649.

[1326]"The Table of the Parish of Tiverton" (Graunt,Natural and Political Observations, 158, 159):

ChristenedBuriedYearsWeddingsM.F.BothM.F.Both16509667914579161651950631135101516529807315348519916532189219*208477812516541081051012067268140165514087104191871142011656109107901975686142165710294101195675912616586070831537785162165937777815572801526048158911716538640117816602761681297069139166138839317673851581662367356129919518616633568641327274146166441687214098114212177353353706404437841* Error in the original.

Graunt's"Table for the Country Parish"—identified by Hull with Romsey in Hampshire (Petty,Economic Writings, II, 412)—affords similar evidence. The table for Cranbrook in Kent ends in 1649.

[1327]Burn,Parish Registers, 40;cf.Waters,Parish Registers of England, 10, 11.In some books many entries are lacking, or there are breaks for several years together. Often the record is so carelessly made as to be of little value, even when not entirely illegible. Thus at St. Ewe, the "parishioners refusing to allow 5s. per annum for keeping a register, there was none kept for the years 1675-6-7," except two entries:Burn,op. cit., 41. The clerk of Plungar, Leicestershire, made use of the registration book for wrapping paper; andBurngives many other similar illustrations in his unique volume:ibid., 41 ff.

[1327]Burn,Parish Registers, 40;cf.Waters,Parish Registers of England, 10, 11.

In some books many entries are lacking, or there are breaks for several years together. Often the record is so carelessly made as to be of little value, even when not entirely illegible. Thus at St. Ewe, the "parishioners refusing to allow 5s. per annum for keeping a register, there was none kept for the years 1675-6-7," except two entries:Burn,op. cit., 41. The clerk of Plungar, Leicestershire, made use of the registration book for wrapping paper; andBurngives many other similar illustrations in his unique volume:ibid., 41 ff.

[1328]See chap. viii, pp. 359 ff., above.

[1329]The most interesting published records of the period which I have seen are those contained in theRegister Booke of Inglebye iuxta Grenhow(Canterbury, 1889), extending from March 13, 1654, to May 3, 1659. They are written in English. The next entry thereafter, without a word of comment on the change, is in Latin, as if appropriately to mark the return of theancien régime. Extracts from various records will be found also inBurn,op. cit., 25, 26, 52, 54, 160 ff.; and of these several are reproduced byFriedberg,Eheschliessung, 327, 328. See alsoReports of the Hist. Manuscripts Commission, V, 594 (Par. Registrar, Mendlesham, Suffolk, 1653-57);Notes and Queries, 2d series, III, 306, 307; 3d series, V, 526 (fromWilkinson'sHist. of the Parochial Church of Burnly, 1856); 3d series, I, 228;Gentleman's Magazine, LIV (1784), 8, giving a certificate of a marriage at Stratfield Saye, Southampton, October 2, 1654. It is printed inJeaffreson,Brides and Bridals, II, 68, 69, note. Compare the registers cited in Bibliographical Note X.

[1330]Henry Scobell was clerk to the Parliament until 1658, and compiler of the "Collections of Acts and Ordinances" of the revolutionary period.

[1331]Waters,op. cit., 16, 17;Burn,op. cit., 160; quoted also byFriedberg,op. cit., 328, note; andJeaffreson,op. cit., II, 72, 73, note.

[1332]Register Booke of Inglebye iuxta Grenhow, 75.

[1333]Notes and Queries, 2d series, III (1857), 306, 307. For another certificate of the same kind, of a marriage published in the market-place, seeGentleman's Magazine(1784), 8; also quoted byFriedberg,op. cit., 327, 328, note; and other examples may be found inSanders'sParish Registers of Eastham, 76, note; andJeaffreson'sMiddlesex County Records, III, 223.

[1334]The output of controversial literature on this subject may have been great, asFriedberg(op. cit., 328 n. 2) suggests; but the number of pamphlets preserved does not seem to be large. In the valuable collection of the Sutro Library, containing thousands of pamphlets covering nearly every possible question debated at the time, I have been able to discover but two pieces on the civil-marriage law. One of these, a copy of the periodical entitledSeveral Proceedings of Parliament, publishes the act, which had just passed, without a word of comment. Friedberg had a similar experience in the Berlin Library.

[1335]Flecknoe'sDiarium(1656), 83, contains the following, quoted also byBurn(op. cit., 163),Jeaffreson(op. cit., II, 74, 75), andFriedberg(op. cit., 329):"On the Justice of Peace's Making Marriages And the Crying Them in the Marcket.1Now just as 'twas in Saturn's ReignThe Golden Age is returned againAnd Astrea again from heaven is comeWhen all the Earth by Justice is done.2Amongst the rest, we have cause to be gladNow Marriages are in marckets madeSince Justice we hope will take order thereWe may not be cousened no more in our ware3 and 4[Indecent stanzas.]5So all incommodities would be preventedAnd every one would hold them contented,And all debates in Marriage would ceaseWhen things were done by Justice of Peace.6Besides each thing would fall out rightAnd that old Proverb be verified by'tThat Marriage and Hanging both togetherWhen Justice shall have disposing of either.7 and 8[Two stanzas with indecent references.]9Let Parson and Vicar then say what they willThe Custome is good (God continue it still).For Marriage being now a Trafique and TradePray where but in Marckets should it be made.10Twas well ordain'd they should be no moreIn Churches and Chapels then as beforeSince for it in Scripture we have exampleHow buyers and sellers were drov'n out o' th' Temple.11Meantime God blesse the ParliamentIn making this Act so honestly meantOf these good marriages God blesse the breedAnd God blesse us all, for was never more need."

[1335]Flecknoe'sDiarium(1656), 83, contains the following, quoted also byBurn(op. cit., 163),Jeaffreson(op. cit., II, 74, 75), andFriedberg(op. cit., 329):

"On the Justice of Peace's Making Marriages And the Crying Them in the Marcket.

Now just as 'twas in Saturn's ReignThe Golden Age is returned againAnd Astrea again from heaven is comeWhen all the Earth by Justice is done.

Amongst the rest, we have cause to be gladNow Marriages are in marckets madeSince Justice we hope will take order thereWe may not be cousened no more in our ware

3 and 4

[Indecent stanzas.]

So all incommodities would be preventedAnd every one would hold them contented,And all debates in Marriage would ceaseWhen things were done by Justice of Peace.

Besides each thing would fall out rightAnd that old Proverb be verified by'tThat Marriage and Hanging both togetherWhen Justice shall have disposing of either.

7 and 8

[Two stanzas with indecent references.]

Let Parson and Vicar then say what they willThe Custome is good (God continue it still).For Marriage being now a Trafique and TradePray where but in Marckets should it be made.

Twas well ordain'd they should be no moreIn Churches and Chapels then as beforeSince for it in Scripture we have exampleHow buyers and sellers were drov'n out o' th' Temple.

Meantime God blesse the ParliamentIn making this Act so honestly meantOf these good marriages God blesse the breedAnd God blesse us all, for was never more need."

[1336]Wootton,Linc.:Burn,Parish Registers, 26 n. 1.

[1337]Burn,op. cit., 161.

[1338]Ibid., 161. See similar examples inWaters,Parish Registers in England, 18, 19.

[1339]Friedberg,Eheschliessung, 325;Geschichte der Civilehe, 13, 14.

[1340]Milton,Prose Works(Bohn, 1848), III, 21, 22. This volume contains a series of discussions on marriage and divorce, which together embody all the learning which the Puritan could produce in support of his theories:The Doctrine and Discipline of Divorce;The Judgment of Martin Bucer;Tetrachordon;Colasterion, etc.Milton does not anywhere discuss theformof solemnization (cf.Friedberg,op. cit., 327, note). In his "Exposition on Places of Scripture which treat of Marriage" (Works, III, 341-46), after considering the definitions given by many writers, he produces one of his own. "Marriage," he says, "is a divine institution, joining man and woman in a love fitly disposed to the helps and comforts of domestic life." But he rejects the doctrine of the Fathers and canonists that marriage is a "remedy." The "internal Form and soul of this relation is conjugal love arising from a mutual fitness to the final causes of wedlock, help and society in religious, civil, and domestic conversation, which includes as an inferior end the fulfilling of natural desire, and specifical increase."—Ibid., 342.

Milton does not anywhere discuss theformof solemnization (cf.Friedberg,op. cit., 327, note). In his "Exposition on Places of Scripture which treat of Marriage" (Works, III, 341-46), after considering the definitions given by many writers, he produces one of his own. "Marriage," he says, "is a divine institution, joining man and woman in a love fitly disposed to the helps and comforts of domestic life." But he rejects the doctrine of the Fathers and canonists that marriage is a "remedy." The "internal Form and soul of this relation is conjugal love arising from a mutual fitness to the final causes of wedlock, help and society in religious, civil, and domestic conversation, which includes as an inferior end the fulfilling of natural desire, and specifical increase."—Ibid., 342.

[1341]12 C. II., c. 33:Statutes at Large, III, 24.Cf.Friedberg,op. cit., 330. It is curious to seeAshton,The Fleet: Its River, Prison, and Marriages(London, 1889), 332, referring to this act as designed merely to legalize common law or private marriages before witnesses, making no mention whatever of the act of 1653.

[1342]5 and 6 W. III., c. 21:Statutes at Large, III, 358-62.

[1343]It should be remembered that even in case of the secret or irregular marriages the priest often officiated. The great object was to avoid publicity. Hence churches which were or claimed to be free from the visitations or oversight of the bishop allowed marriage without banns or license. This became a lucrative source of revenue. For example, in the church of St. James, Duke's Place, between 1664 and 1691, about forty thousand marriages were thus celebrated; and many were celebrated at Trinity Minores:Burn,Fleet Marriages, 2-5;idem,Parish Registers, 146;Friedberg,Eheschliessung, 332-35.Cf.alsoJeaffreson'schapter on "Prisons and 'Lawless' Churches," inBrides and Bridals, II, 115-21.

[1344]6 and 7 W. III., c. 6, § 52:Statutes at Large, III, 370.Cf.Hammick,Marriage Law of England, 10; alsoJeaffreson'schapter on "Taxes on Celibacy,"op. cit., II, 78 ff., and 131 ff., 167 ff.

[1345]Violations of the law did not, however, invalidate the marriage:Lecky,England in the 18th Century, I, 531.

[1346]Cf.Jeaffreson,op. cit., II, 168, 169.

[1347]Extract from 7 and 8 W. III., c. 35:Statutes at Large, III, 422.

[1348]"But this penalty was not renewed at each violation of the act, and the offender was able by a writ of error to obtain a delay of about a year and a half, during which time he carried on his profession without molestation, made at least 400 l. or 500 l. and then frequently absconded."—Lecky,Hist. of Eng. in the 18th Century, I, 533;cf.Burn,Fleet Marriages, 6.

[1349]For full details as to the history of the Fleet, seeAshton,The Fleet: Its River, Prison, and Marriages, especially 233 ff., 237 ff., 331 ff. "The rules of liberties of this comprehend all Ludgate-Hill to the Old Bailey on the north side, and to the Cock-alley on the south; both sides of the Old Bailey to Fleet-lane; all Fleet-lane and the east-side of the marcket, from Fleet-lane to Ludgate Hill."—Harrison,New and Universal Hist. of London(London, 1776), II, 447;Friedberg, 336 n. 4.Cf.alsoJeaffreson,op. cit., II, 122 ff.

[1350]Burn,op. cit., 7, 8;Ashton,op. cit., 332, 338;Tegg,The Knot Tied, 202. These chaplains "of course, married people after publication of banns in their own chapels according to law;" and doubtless some of the weddings before them were entirely respectable. Such was probably the marriage in the Fleet of George Lester and Mistress Babbington as early as 1613:Burn,op. cit., 5;Ashton,op. cit., 335, 338;Tegg,op. cit., 199. But in these chapels as well as out of them clandestine marriages were solemnized. Here is an example from theOriginal Weekly Journalof Sept. 26, 1719: "One Mrs. Anne Leigh, an heiress of £200. per annum and £6000. ready cash, having been decoyed away from her friends in Buckinghamshire, and married at the Fleet chapel against her consent; we hear the Lord Chief Justice Pratt hath issued out his warrant for apprehending the authors of this contrivance, who had used the young lady so barbarously, that she now lyes speechless."—Burn,op. cit., 7 n. 2; alsoAshton,op. cit., 338, 339. Celebration in the Fleet chapel, not elsewhere, was put an end to by the act of 10 Anne, c. 19.Cf.Hammick,The Marriage Law of England, 11;Burn,op. cit., 8.

[1351]Ashton,op. cit., 340.

[1352]The following is a copy of the "hand-bill" of Peter Symson taken fromBurn'sFleet Marriages, 54:G. R.At the true Chapelat the old red Hand and Mitre, three doors from Fleet Laneand next Door to the White Swan;Marriages are performed by authority by the Reverend Mr.Symson educated at the University of Cambridge, and lateChaplain to the Earl of Rothes.N.B. Without ImpositionSymson, as he says, was not a prisoner. Like "many of his fellows," he was witness in a bigamy trial in 1751. He was asked: "Why did you marry them without license?""Symson—Because somebody would have done it, if I had not.... Never had a benefice in my life. I have had little petty curacies about £20 or £30 per year. I don't do it for lucre or gain."Court—You might have exposed your person had you gone on the highway, but you'd do less prejudice to your country a good deal. You are a nuisance to the public; and the gentlemen of the jury, it is to be hoped, will give but little credit to you."—Burn,op. cit., 55;Ashton,op. cit., 357, 358. On Symson (or Symsen) see alsoJeaffreson,op. cit., II, 152.

[1352]The following is a copy of the "hand-bill" of Peter Symson taken fromBurn'sFleet Marriages, 54:

G. R.At the true Chapelat the old red Hand and Mitre, three doors from Fleet Laneand next Door to the White Swan;Marriages are performed by authority by the Reverend Mr.Symson educated at the University of Cambridge, and lateChaplain to the Earl of Rothes.N.B. Without Imposition

Symson, as he says, was not a prisoner. Like "many of his fellows," he was witness in a bigamy trial in 1751. He was asked: "Why did you marry them without license?"

"Symson—Because somebody would have done it, if I had not.... Never had a benefice in my life. I have had little petty curacies about £20 or £30 per year. I don't do it for lucre or gain.

"Court—You might have exposed your person had you gone on the highway, but you'd do less prejudice to your country a good deal. You are a nuisance to the public; and the gentlemen of the jury, it is to be hoped, will give but little credit to you."—Burn,op. cit., 55;Ashton,op. cit., 357, 358. On Symson (or Symsen) see alsoJeaffreson,op. cit., II, 152.

[1353]Friedberg,op. cit., 341; quoted also byAshton,op. cit., 359; andBurn,op. cit., 59.

[1354]Pennant,Some Account of London(3d ed., 1793), 232;Ashton,op. cit., 344; also inBurn,op. cit., 16, note.

[1355]Lecky,Eng. in 18th Century, I, 5-31;Burn,op. cit., 8;Friedberg,op. cit., 341, who quotes the following from theWeekly Journal, 1723, June 29: "Several of the above mentioned brandy-men and victualers keep clergymen in their houses at 20 shillings per week each, hit or miss, but its reported that one there will stoop to no such low conditions, but makes at least 500 pounds per annum of Divinity-jobs after that manner."Cf.alsoTegg,The Knot Tied, 205, note, for the same extract.

[1356]John Gainham, the "wrynecked parson," as he is frequently called in the contemporary newspapers, rejoiced in the significant title of "Bishop of Hell." When asked by an advocate whether he was "not ashamed to come and own a clandestine marriage in the face of a court of justice," he blandly replied:Video meliora, deteriora sequor. The following lines from the "Morning Walk, 8°, 1751" (Burn,Parish Registers, 155), may be compared with similar lines reprinted byAshton(op. cit., 345, 346):Where lead my wand'ring footsteps now? theFleetPresents her tatter'd sons in Luxury's cause:Here venerableCrapeand scarlet Cheeks,With nose of purple hue, high eminentAnd squinting leering looks, now strike the eye.B-sh-p of Hell, once in the precincts call'dRenown'd for making thoughtless Contracts, hereHe reign'd in bloated reeling majestyAnd passed in Sottishness and Smoke his time—Rever'd byGinsadorers, and the tribeWho pass in brawls, lewd jests, and drink, their days,Sons of low, groveling riot and debauch.Here Cleric grave fromOxfordready standsObsequious to conclude the Gordian knot,Entwin'd beyond all dissolution sure;A Reg'lar this fromCambridge; both alikeIn artful Stratagem to tye the noose,While women 'Do you want the Parson?' cry."

Where lead my wand'ring footsteps now? theFleetPresents her tatter'd sons in Luxury's cause:Here venerableCrapeand scarlet Cheeks,With nose of purple hue, high eminentAnd squinting leering looks, now strike the eye.B-sh-p of Hell, once in the precincts call'dRenown'd for making thoughtless Contracts, hereHe reign'd in bloated reeling majestyAnd passed in Sottishness and Smoke his time—Rever'd byGinsadorers, and the tribeWho pass in brawls, lewd jests, and drink, their days,Sons of low, groveling riot and debauch.Here Cleric grave fromOxfordready standsObsequious to conclude the Gordian knot,Entwin'd beyond all dissolution sure;A Reg'lar this fromCambridge; both alikeIn artful Stratagem to tye the noose,While women 'Do you want the Parson?' cry."

[1357]On Gainham seeBurn,Parish Registers, 155, 156;idem,Fleet Marriages, 49-53;Ashton,The Fleet, 344-47;Friedberg,Eheschliessung, 339, 340;Jeaffreson,Brides and Bridals, II, 151.

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