Royal Marriages Act 1772
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 III
Territorial extent:	England and Wales; Scotland
Other legislation
Amendments:	Criminal Law Act 1967
Status: Substantially amended
Text of statute as originally enacted
Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database
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The Royal Marriages Act of 1772 is an Act of the Parliament of Great Britain (12 Geo III c. 11) which prescribes the conditions under which members of the British royal family can contract a valid marriage and provides very stringent safeguards against undesirable marriages that might affect the succession to the throne or lower the status of the Royal House. The right of veto vested in the sovereign by this Act is remarkable and provoked severe criticism at the time.^[1][2]

Contents 1 Provisions of the Act 2 Reasons for the Act 3 Couples affected by the Act 4 Broad effects 5 Farran exemption 6 Exemption of Edward VIII 7 Proposal to repeal 8 Other legislation 9 Consents for marriages under the Act 10 See also 11 References 12 External links

[edit] Provisions of the Act

The Act said that no descendant of George II, male or female, other than the issue of princesses who had married or might thereafter marry "into foreign families", could marry without the consent of the reigning monarch, "signified under the great seal and declared in council". That consent was to be set out in the licence and in the register of the marriage, and entered in the books of the Privy Council. Any marriage contracted without the consent of the monarch was to be null and void.

However, 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 both houses of Parliament expressly declare their disapproval. There is, however, no instance in which the sovereign's formal consent in Council has been refused.

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 This provision was repealed by the Criminal Law Act 1967.

[edit] Reasons for the Act

The Act was proposed by the King as a direct result of the marriage of his brother Prince Henry, Duke of Cumberland who, in 1771, had married the commoner Mrs Anne Horton the daughter of Simon Luttrell and the widow of Christopher Horton. Although not discovered until the year after the passing of the Act, another brother Prince William, Duke of Gloucester had in 1766 secretly married Maria, the illegitimate daughter of Sir Edward Walpole and the widow of the 2nd Earl Waldegrave. Both alliances were considered highly unsuitable by the King.

[edit] Couples affected by the Act

• On 15 December 1785 the King's eldest son George, Prince of Wales married privately and in contravention of this Act and of the Act of Settlement 1701, at her house in Park Lane, London, according to the rites of the Church of England, the twice widowed Maria Anne Fitzherbert, a practising Roman Catholic. Although viewed as a canonically sound marriage by Roman Catholics this marriage was completely invalid as a consequence of the Act. If valid the marriage would have excluded the Prince from succession to the throne under the terms of the Act of Settlement 1701.

• On 29 September 1791 the King's son Prince Frederick, Duke of York, married Frederica, the daughter of Frederick William II, King of Prussia, at Charlottenburg, Berlin, but the ceremony had to be repeated in London on 23 November 1791 as, although consent had been given at the Privy Council on 28 September, it had proved impossible to obtain the Great Seal in time and doubt had thus been thrown on the legality of the marriage ^[3]

• On 4 April 1793 Prince Augustus, the sixth son of the King, married in contravention of the Act, privately and without witnesses, according to the rites of the Church of England at the Hotel Sarmiento, Rome, Lady Augusta Murray, and again, after banns, on 5 December 1795, at St George, Hanover Square, London. Both marriages were declared null and void by the Court of Arches, 14 July 1794, and their two children were subsequently considered illegitimate^[4].

• After the death of Lady Augusta Murray, Prince Augustus, now Duke of Sussex, apparently married secondly (no contemporary evidence survives), again in contravention of the Act, about 2 May 1831, at her house in Great Cumberland Place, London, Lady (Cecilia) Buggin who on that day had taken the surname Underwood in lieu of Buggin and who, on 10 April 1840 was created Duchess of Inverness by Queen Victoria (the Duke being Earl of Inverness). The Queen had, as Lord Melbourne wrote, thereby "recognized the moral and religious effect of whatever has taken place whilst she avoided the legal effects of a legal marriage which was what her Majesty was most anxious to do"^[5]. Acceptance of the marriage, would have meant the acceptance of the Duke's earlier marriage and the legitimacy of his two children. However, the couple cohabited and were socially accepted as husband and wife.

• On 8 January 1847 the Queen's first cousin Prince George of Cambridge married by licence of the Faculty Office but in contravention of this Act Sarah Fairbrother, a pregnant actress with four illegitimate children (two by himself and two by other men), at St James, Clerkenwell. From about 1858 Sarah took the name Mrs FitzGeorge but the marriage being invalid it is incorrect to call it a morganatic marriage as many have done^[6]. It is also incorrect to say that Queen Victoria refused to consent to this marriage as no application was made to her under the Act^[7], it being very apparent that no consent would be given.

[edit] Broad effects

The Act renders void any marriage wherever contracted or solemnized in contravention of it. It had been claimed that the marriage of Prince Augustus had been legal in Ireland and Hanover but the Committee of Privileges of the House of Lords ruled (in the Sussex Perage Case), 9 July 1844, that the Act incapacitated the descendants of George II from contracting a legal marriage without the consent of the Crown, either within the British dominions or elsewhere.

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 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, 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). (However, as Ernst August married a Roman Catholic, he lost his place in the succession to the British throne under a different piece of legislation, the Act of Settlement 1701).

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.

[edit] Farran exemption

In the 1950s, Charles d'Olivier Farran, B.C.L., M.A., Ph.D., Lecturer in Constitutional Law at Liverpool University, theorised that the Act could no longer apply to anyone living, because all the members of the immediate royal family were descendants of British princesses who had married into foreign families ^[8][9].

Due to inter-marriage, many of George II's descendants in female lines have married back into the British royal family. In particular, the Queen 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" met with wide publicity, but arguments against it were put forward by Mr Clive Parry, Fellow of Downing College, Cambridge^[10], and Farran's interpretation has since been ignored^[11]. Consent to marriages in the Royal Family (including the distantly related 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.^[9]

As Clive Parry pointed out the "Farran exemption" theory was further complicated by the fact that all the Protestant descendants of the Electress Sophia of Hanover, ancestress of the United Kingdom's monarchs since 1714, had been entitled to British citizenship under 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 1947 marriage of Princess Elizabeth to Prince Philip, Duke of Edinburgh, by birth a Greek and Danish prince but descended from the Electress Sophia, was a marriage to a British subject even if he had not been previously naturalised in Britain. This would also mean theoretically, for example, that the present royal family of Norway is bound by the Act, for the marriage 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.

[edit] Exemption of Edward VIII

In 1936 His Majesty's Declaration of Abdication Act 1936 specifically excluded Edward VIII from the provisions of this Act upon his abdication, allowing him to marry the divorcee, Wallis Simpson. The wording of the declaration also excluded any issue of the marriage from being subject to the Act.

[edit] 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 that it would not receive government support.

[edit] 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 eighteen when she became queen.

[edit] Consents for marriages under the Act

Consents under the Act were entered in the Books of the Privy Council but have not been published. In 1857 it became customary to publish them in the London Gazette and notices appear of consents given in Council at Courts held on the following dates. Not all consents, however, were noted there and gaps in the list have been filled by reference to the Warrants for Royal Marriages in the Home Office papers (series HO 124) in The National Archives^[12]:

• 28 September 1791 — HRH Prince Frederick, Duke of York and Albany & HRH Princess Frederica of Prussia (London Gazette, 1 October 1791; HO124/1).
• 17 December 1794 - HRH George, Prince of Wales & HRH Princess Caroline Amelia of Brunswick (not gazetted; HO124/2).
• 3 May 1797 - HRH Charlotte, Princess Royal & HSH Frederic, Hereditary Prince of Württemberg (not gazetted; HO124/3).
• 15 August 1814 - HRH Prince Ernest, Duke of Cumberland and Teviotdale & Frederica, Dowager Princess of Solms (not gazetted; HO124/4).
• 9 March 1816 - HRH Princess Charlotte Augusta & HSH Leopold, Duke of Saxe-Coburg (not gazetted; HO124/5).
• 2 April 1816 - HRH The Princess Mary & HRH Prince William Frederick, Duke of Gloucester and Edinburgh (not gazetted; HO124/7)
• 8 June 1816 - HRH The Princess Elizabeth & HSH Frederick, Landgrave of Hesse (not gazetted; HO124/6).
• 22 April 1818 - HRH Prince Adolphus, Duke of Cambridge & HRH Princess Augusta of Hesse (not gazetted; HO124/8).
• 11 May 1818 - HRH Prince Edward, Duke of Kent and Strathearn & HRH Viktoria, Dowager Princess of Leiningen(not gazetted; HO124/9).
• 7 July 1818 - HRH Prince William, Duke of Clarence and st Andrews & HRH Princess Adelaide of Saxony (not gazetted; HO124/10).
• 13 June 1842 - HRH Prince George, Crown Prince of Hanover & HRH Princess Marie of Saxe-Altenburg (copy in HO45/8927).
• 2 November 1842 - HRH Princess Augusta of Cambridge & Prince Frederick, Hereditary Grand Duke of Mecklenburg (HO124/11).
• 16 May 1857 — HRH Victoria, Princess Royal & HRH Prince Frederick of Prussia (London Gazette, 19 May 1857).
• 30 April 1861 — HRH The Princess Alice & HGDH Prince Ludwig of Hesse (London Gazette, 3 May 1861).
• 1 November 1862 — HRH Albert Edward, Prince of Wales & HRH Princess Alexandra of Denmark (London Gazette, 4 November 1862).
• 5 December 1865 — HRH The Princess Helena & HSH Prince Christian of Schleswig-Holstein (London Gazette, 5 December 1865).
• 19 May 1866 — HRH Princess Mary Adelaide of Cambridge & HSH Francis, Prince of Teck (London Gazette, 22 May 1866).
• 24 October 1870 — HRH The Princess Louise & John Campbell, Marquess of Lorne (London Gazette, 25 November 1870, in substitution of notice of 25 October 1870).
• 17 July 1873 — HRH Prince Alfred, Duke of Edinburgh & HIH Grand Duchess Maria Alexandrovna of Russia (London Gazette, 22 July 1873, in substitution of notice of 18 July 1873).
• 16 May 1878 - HRH Prince Alfred, Duke of Connaught & HRH Princess Louise Margaret of Prussia (London Gazette, 21 May 1878; HO124/17).
• 27 November 1878 — HRH Ernest Augustus, Crown Prince of Hanover & HRH Princess Thyra of Denmark (London Gazette, 6 December 1878).
• 18 March 1880 - HRH Princess Frederica of Hanover & Baron Alfons von Pawel Rammingen (London Gazette, 19 March 1880; HO124/19).
• 29 November 1881 — HRH Prince Leopold, Duke of Albany & HSH Princess Helena of Waldeck and Pyrmont (London Gazette, 2 December 1881).
• 27 January 1885 — HRH The Princess Beatrice & HRH Prince Henry of Battenberg (London Gazette, 27 January 1885).
• 5 July 1889 — HRH Princess Louise of Wales & The Rt Hon Alexander Duff, Earl Fife (London Gazette, 12 July 1889).
• 3 July 1891 — HH Princess Marie Louise of Schleswig-Holstein & HH Prince Aribert of Anhalt (London Gazette, 3 and 7 July 1891).
• 12 December 1891 — HRH Prince Albert Victor, Duke of Clarence and Avondale & HSH Princess Victoria Mary of Teck (London Gazette, 15 December 1891), but he died before they could marry, and she later married his brother (see below)
• 28 June 1892 — HRH Princess Marie of Edinburgh & HRH Ferdinand, Crown Prince of Romania (London Gazette, 1 July 1892)
• 16 May 1893 — HRH Prince George, Duke of York & HSH Princess Victoria Mary of Teck (London Gazette, 19 May 1893).
• 29 January 1894 — HRH Princess Victoria Melita of Saxe-Coburg and Gotha & Ernest Louis, Grand Duke of Hesse (London Gazette, 30 January 1894).
• 19 October 1894 — HSH Prince Adolphus of Teck & The Lady Margaret Grosvenor (London Gazette, 19 October 1894).
• 21 November 1895 — HRH Princess Maud of Wales & HRH Prince Carl of Denmark (London Gazette, 24 December 1895, in substitution of consent dated 12 November 1895 published 20 December 1895).
• 12 December 1895 - Princess Alexandra of Saxe-Coburg and Gotha & Ernest, Hereditary Prince of Hohenlohe-Langenburg (London Gazette, 24 December 1895, in substitution of notice published 20 December 1895; HO124/30).
• 15 May 1900 — HRH Princess Marie Louise of Hanover & HGDH Prince Maximilian of Baden (London Gazette, 19 June 1900).
• 16 November 1903 — HRH Princess Alice of Albany & HSH Prince Alexander of Teck (London Gazette, 17 November 1903).
• 7 March 1904 — HRH Princess Alexandra of Hanover & HRH Frederick Francis IV, Grand Duke of Mecklenburg (London Gazette, 8 March 1904).
• 27 February 1905 — HRH Charles Edward, Duke of Saxe-Coburg and Gotha & HH Princess Victoria Adelaide of Schleswig-Holstein (London Gazette, 28 February 1905).
• 20 March 1905 — HRH Princess Margaret of Connaught & HRH Prince Gustaf Adolf, Duke of Scania (London Gazette, 21 March 1905).
• 17 March 1913 — HRH Prince Ernest Augustus of Hanover & HRH Princess Victoria Louise of Prussia (London Gazette, 17 March 1913).
• 12 August 1913 — HRH Prince Arthur of Connaught & HH Princess Alexandra, Duchess of Fife (London Gazette, 12 August 1913).
• 11 February 1919 - HRH Princess Patricia of Connaught & Commander the Hon Alexander Ramsay (London Gazette, 11 February 1919; HO124/38 wanting, see C188/3 for Warrant for Royal Marriage).
• 22 November 1921 — HRH The Princess Mary & Henry Lascelles, Viscount Lascelles (London Gazette, 25 November 1921).
• 12 February 1923 — HRH Prince Albert, Duke of York & The Lady Elizabeth Bowes-Lyon (London Gazette, 13 February 1923).
• 26 June 1923 — HH Princess Maud of Fife & Charles Carnegie, Lord Carnegie (London Gazette, 26 June 1923).
• 7 October 1931 — The Lady May Cambridge & Capt Henry Abel Smith (London Gazette, 9 October 1931).
• 5 October 1934 — HRH The Prince George & HRH Princess Marina of Greece and Denmark (London Gazette, 5 October 1934).
• 3 October 1935 — HRH Prince Henry, Duke of Gloucester & The Lady Alice Montagu-Douglas-Scott (London Gazette, 4 October 1935).
• 26 December 1937 — HRH Princess Frederica of Hanover & HRH Prince Paul of Greece and Denmark (London Gazette, 31 December 1937).
• 29 January 1941 - The Lady Iris Mountbatten & Hamilton Joseph Keyes O'Malley (not gazetted; HO124/46).
• 31 July 1947 — HRH The Princess Elizabeth & Lt Philip Mountbatten RN (London Gazette, 29 July 1947).
• 28 July 1949 — The Rt Hon George Lascelles, Earl of Harewood & Miss Maria Stein (London Gazette, 29 July 1949).
• 1 August 1951 - HRH Prince Ernest Augustus of Hanover & HRH Princess Ortrud of Schleswig-Holstein-Sonderburg-Glücksburg (not gazetted; HO124/49).
• 27 June 1952 — The Hon Gerald Lascelles & Miss Angela Dowding (London Gazette, 27 June 1952).
• 1 June 1956 — James Carnegie, Lord Carnegie & The Hon Caroline Dewar (London Gazette, 1 June 1956).
• 19 August 1956 — Alexander Ramsay Esq & Flora Fraser, Mistress of Saltoun (London Gazette, 21 August 1956).
• 31 July 1957 — Miss Anne Abel Smith & David Liddell-Grainger Esq (London Gazette, 2 August 1957).
• 14 September 1959 — Capt Richard Abel Smith & Miss Marcia Kendrew (London Gazette, 15 September 1959).
• 16 March 1960 — HRH The Princess Margaret & Antony Armstrong-Jones Esq (London Gazette, 18 March 1960).
• 3 August 1960 - HRH Prince Welf Heinrich of Hanover & Princess Alexandra of Ysenburg and Budingen (not gazetted; HO124/55).
• 24 March 1961 — HRH Prince Edward, Duke of Kent & Miss Katharine Worsley (London Gazette, 28 March 1961).
• 19 December 1962 — HRH Princess Alexandra of Kent & The Hon Angus Ogilvy (London Gazette, 21 December 1962).
• 26 February 1965 — Miss Elizabeth Abel Smith & Peter Wise Esq (London Gazette, 2 March 1965).
• 28 July 1967 — The Rt Hon George Lascelles, Earl of Harewood & Miss Patricia Tuckwell (London Gazette, 28 July 1967).
• 4 February 1972 — HRH Prince Richard of Gloucester & Miss Birgitte van Deurs (London Gazette, 17 February 1972).
• 29 March 1973 — The Hon James Lascelles & Miss Fredericka Duhrssen (London Gazette, 6 April 1973).
• 24 July 1973 — HRH The Princess Anne & Capt Mark Phillips (London Gazette, 26 July 1973).
• 1 August 1979 - HRH Prince Michael of Kent & Baroness Marie-Christine von Reibnitz formerly Mrs Thomas Troubridge (not gazetted; HO124/62).
• 15 November 1978 - The Hon Gerald Lascelles & Elizabeth Evelyn Collingwood (not gazetted; HO124/63 lost while on loan to government department).
• 6 February 1979 — David Lascelles, Viscount Lascelles & Miss Margaret Messenger (London Gazette, 13 February 1979).
• 26 June 1979 – Henry Lascelles Esq & Miss Alexandra Morton (London Gazette, 28 June 1979).
• 13 February 1980 — Katharine Fraser, Mistress of Saltoun & Capt Mark Nicholson (London Gazette, 18 February 1980).
• 28 July 1980 — Miss Katharine Abel Smith & The Hon Hubert Beaumont (London Gazette, 29 July 1980).
• 1981 (undated Feb–July) — HRH Charles, Prince of Wales & The Lady Diana Spencer
• 10 June 1981 — HRH Ernst August, Prince of Hanover & HSH Countess Monika of Solms-Laubach (London Gazette, 12 June 1981).
• 10 June 1981 — HRH Prince Ernst August of Hanover & Miss Chantal Hochuli (London Gazette, 12 June 1981).
• 16 May 1986 — HRH The Prince Andrew & Miss Sarah Ferguson (London Gazette, 22 and 30 May 1986).
• 10 February 1987 — David Carnegie, Earl of Macduff & Miss Caroline Bunting (London Gazette, 13 February 1987)
• 15 September 1987 — HRH Prince Ludwig Rudolph of Hanover & HSH Countess Ysabelle of Thurn and Valassina-Como-Vercelli (London Gazette, 23 September 1987).
• 23 March 1988 — James Ogilvy Esq & Miss Julia Rawlinson (London Gazette, 26 April 1988).
• 24 July 1990 — The Hon Alice Ramsay of Mar & David Ramsey Esq (London Gazette, 23 August 1990).
• 11 February 1992 — The Lady Helen Windsor & Timothy Taylor (London Gazette, 9 March 1992).
• 1992 (undated) — HRH Anne, Princess Royal & Cdr Tim Laurence (London Gazette, 11 December 1992).
• 1993 (undated) — David Armstrong-Jones, Viscount Linley & The Hon Serena Stanhope (London Gazette, 28 July 1993).
• 22 June 1994 — The Lady Sarah Armstrong-Jones & Daniel Chatto Esq (London Gazette, 27 June 1994).
• 13 April 1999 — HRH The Prince Edward & Miss Sophie Rhys-Jones (London Gazette, 4 May 1999).
• 11 April 2001 - Lady Alexandra Carnegie & Mark Etherington.
• 11 December 2001 - Charles Liddell-Grainger & Eugenie Campagne.
• 17 April 2002 — Alexander Windsor, Earl of Ulster & Miss Claire Booth (London Gazette, 22 April 2002).
• 10 December 2003 - Henry Lascelles & Fiona Wilmott.
• 20 July 2004 - The Lady Davina Windsor & Gary Lewis.
• 2 March 2005 — HRH Charles, Prince of Wales & Mrs Camilla Parker-Bowles (Orders in Council for 2 March 2005).
• 10 October 2006 - Lord Nicholas Windsor & Paola Doimi de Lupis Frankopan.
• 2May 2007 - Amelia May Beaumont & Simon Peregrine Gauvain Murray.
• 12 December 2007 - The Lady Rose Windsor & George Edward Gilman.
• 12 February 2008 - Emily Lascelles & Matthew Shard.
• 9 April 2008 — Peter Phillips Esq & Autumn Kelly (London Gazette, 21 April 2008).
• 9 October 2008 - Charles Montagu Liddell-Grainger & Martha Margaretha de Klerk.

[edit] See also

• Marriage Act

[edit] References

[edit] External links

Wikisource has original text related to this article: Royal Marriages Act 1772

• Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database
• Succession to the Crown Bill
• The Royalist: The Times Claims 'Charles & Camilla's Marriage is Illegal' 9 June 2006

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