Royal Marriages Act 1772

Infobox UK Legislation
short_title=Royal Marriages Act 1772
parliament=Parliament of Great Britain
long_title=An Act for the better regulating the future Marriages of the Royal Family.
statute_book_chapter=1772 c.11 12_Geo_3
introduced_by=
territorial_extent=England and Wales; Scotland
royal_assent=
commencement=
amendments=Criminal Law Act 1967
related_legislation=
status=Amended
original_text=http://en.wikisource.org/wiki/Royal_Marriages_Act_1772
activeTextDocId=1516875
legislation history=|

The Royal Marriages Act of 1772 is an Act of the Parliament of Great Britain (12 Geo III c. 11) which made it illegal for any member of the British royal family (defined as all descendants of King George II, excluding descendants of princesses who marry "into foreign families") under the age of 25 to marry without the consent of the ruling monarch. Any member of the Royal Family over the age of 25 who has been refused the sovereign's consent may marry one year after giving notice to the Privy Council of their intention to so marry, unless Parliament passes an act against the marriage in the interim.

The Act further made it a crime to perform or participate in an illegal marriage of any member of the Royal Family. This provision was repealed by the Criminal Law Act 1967. The 1772 Act resulted from the 1771 marriage of Prince Henry Frederick, Duke of Cumberland, brother of George III to the commoner Lady Anne Houghton, a woman George III considered unsuitable.

Couples affected by the Act through history

As the result of the Act, the 1785 marriage of George IV, then heir to the throne, to Maria Anne Fitzherbert (a Catholic widow) was deemed illegal; without the Royal Marriages Act, it is possible that the marriage could have excluded George from the throne under the Act of Settlement 1701.

Other cases included the refusal of Queen Victoria to recognise the marriage of the second Duke of Cambridge and Sarah Louisa Fairbrother (titled "Mrs FitzGeorge" rather than "Duchess of Cambridge"). Augustus, Duke of Sussex, sixth son of George III of Great Britain, undertook two successive marriages against the provisions of the Act, thus being invalid on British soil. However, his second marriage with Letitia Underwood was tolerated by Queen Victoria who created her Duchess of Inverness in her own right (as she could not legally be styled "Duchess of Sussex"). The Duke and Duchess cohabited, being socially regarded as spouses.

The provisions of the law were used to frustrate the romance of Princess Margaret (who was then under age 25) with Group Captain Peter Townsend.

His Majesty's Declaration of Abdication Act 1936 specifically excluded Edward VIII from the provisions of the Royal Marriages Act upon his abdication, allowing him to marry the divorcee, Wallis Simpson.

Broad effects

Court precedents determine that the provisions of this Act are personal, that is, they apply to those covered by the requirement of Royal Consent even if they contract marriage outside of the United Kingdom. The effects of the law, not always foreseen, remain very much in force. An example is seen in the royal House of Hanover, which descends from Ernest Augustus, Duke of Cumberland, a younger son of King George III, who inherited the crown of Hanover according to its semi-Salic order of succession when the British crown went to his niece, Victoria. Despite the fact that his descendants lost their royal crown in 1866, and their royal titles in 1918, as male-line descendants of George II they continue to seek permission for their marriages from the British monarch.

Thus, on 11 January 1999, Queen Elizabeth II issued the following Order-in-Council: "My Lords, I do hereby declare My Consent to a Contract of Matrimony between His Royal Highness Prince Ernst August Albert of Hanover, Duke of Brunswick-Lüneburg and Her Serene Highness Princess Caroline Louise Marguerite of Monaco...". Without the Royal Assent, the marriage would have been void in Britain, where the groom's family continues to own substantial property and retains the right to petition for resumption of the Duchy of Cumberland, suspended since World War I (likewise, the Monégasque court officially notified France of Caroline's contemplated marriage to Prince Ernst August and received assurance that there was no objection, in compliance with the 1918 Franco-Monégasque Treaty).

By marrying a Roman Catholic Ernst August forfeited his remote place in Britain's order of succession. But the couple's daughter, Princess Alexandra of Hanover, born in 1999 and a Protestant, remains bound by both Monaco's dynastic house law, which requires prior consent of the reigning Prince for valid marriage, and by Britain's Royal Marriages Act, even though she is approximately #399 in the Line of succession to the British Throne, whereas she is fifth in Monaco's order of succession.

All European monarchies, and many non-European realms, have laws or traditions requiring prior approval of the monarch for members of the reigning dynasty to marry. But Britain's is unusual because it has not been modified since originally adopted, so that its ambit has grown rather wide, affecting not only Britain's immediate Royal Family, but more distant relatives of the monarch. Moreover, its purview is growing: Whereas in the past British princesses usually married into foreign dynasties thereby exempting their descendants from the Act, most now marry fellow Britons so that their children become subject in turn to the Act's restrictions, as do their Protestant descendants who marry Britons, and so on potentially without limit. Nor is the law's application confined to those that bear the official style of "princess". For purposes of the Act, that term is deemed to include any legitimate female descendant of George III, since each inherits a claim on the British crown, unless excluded by the Act itself.

Farran exemption

In the 1950s, Charles Farran theorised that the current act can no longer apply to anyone still living, because all members of the current immediate royal family are arguably descendants of British princesses who married into foreign families. [ [http://www.heraldica.org/faqs/britfaq.html#p2-36 frequently asked questions for alt.talk.royalty] , accessed May 10, 2008]

Due to the inter-marriages common among dynasties, many of George II's descendants in female lines have married back into the British royal family. In particular, the current sovereign and other members of the House of Windsor descend (through Queen Alexandra), from as many as two princesses — (Mary of Great Britain, Landgravine of Hesse and Louise of Great Britain, Queen of Denmark — who were daughters of George II that married foreign rulers (respectively Frederick II, Landgrave of Hesse-Kassel (or Hesse-Cassel), and King Frederick V of Denmark). This so-called "Farran exemption" has not been tested in the courts. Rather, consent to marriages in the Royal Family (including the distantly related and now dethroned House of Hanover) continues to be sought and granted as if none of the male-line descendants of George II were also his descendants in the female line. [ [http://www.heraldica.org/faqs/britfaq.html#p2-36 frequently asked questions for alt.talk.royalty] , accessed May 10, 2008]

The "Farran exemption" theory is further complicated by the fact that all of the Protestant descendants of the Electress Sophia of Hanover, foremother of the United Kingdom's monarchs since 1714, have been entitled to British citizenship pursuant to the Sophia Naturalization Act 1705 if born prior to 1948, when the act was repealed. Thus, some marriages of British princesses to continental monarchs and princes were not, in law, marriages to foreigners. For example, the heiress presumptive Princess Elizabeth's 1947 wedding to Prince Philip, Duke of Edinburgh who was, by birth, a Greek and Danish prince but who descends from Electress Sophia, would have been a marriage to a British subject even if he had not previously undergone the redundant process of being naturalised in Britain. Theoretically this means, for example, that the entire present royal family of Norway is bound by Britain's Royal Marriages Act because the wedding of Princess Maud, a daughter of King Edward VII, to the future King Haakon VII of Norway, was a marriage to a "British subject", since Haakon descended from the Electress Sophia. It is possible that there are other descendants of George II and/or the Electress Sophia similarly encompassed, at least in theory, by the "Farran exemption" (e.g. ex-King Constantine II of Greece).

Canada

The Act is considered a part of Canadian law, although decisions under the Act are deferred to the United Kingdom Privy Council.

Proposal to repeal

The "Succession to the Crown Bill", a private member's bill, presented to the UK Parliament on December 9, 2004, would have repealed this act in its entirety. However, the bill was withdrawn January 15, 2005 by its sponsor after being told by the government that the bill would be blocked.

Other legislation

The Regency Act 1830, which provided for a regency in the event that Queen Victoria inherited the throne before she was eighteen, made it illegal for her to marry without the regent's consent. Her spouse and anyone involved in arranging or conducting the marriage without such consent would be guilty of high treason. This was more serious than the offence created by the Act of 1772, which was equivalent to praemunire. However the Act never came into force as Victoria was over eighteen when she became queen.

References

External links

*
* [http://www.publications.parliament.uk/pa/ld200405/ldbills/011/05011.1-i.html Succession to the Crown Bill]
* [http://www.theroyalist.net/content/view/812/2/ The Royalist: The Times Claims 'Charles & Camilla's Marriage is Illegal'] 9 June 2006