“In the 12th century, Canon law jurist Gratian, stated that consent for marriage could not take place before the age of 12 years old for females and 14 years old for males; also, consent for betrothal could not take place before the age of 7 years old for females and males, as that is the age of reason. The Church of England, after breaking away from the Roman Catholic Church, carried with it the same minimum age requirements. Age of consent for marriage of 12 years old for girls and of 14 years old for boys were written into English civil law. [Dahl GB (August 2010). “Early teen marriage and future poverty”. Demography. 47 (3): 689–718.]

“The first recorded age-of-consent law, in England, dates back 800 years. The age of consent law in question has to do with the law of rape and not the law of marriage as sometimes misunderstood. In 1275, in England, as part of the rape law, the Statute of Westminster 1275, made it a misdemeanor to have sex with a “maiden within age”, whether with or without her consent. The phrase “within age” was interpreted by jurist Sir Edward Coke as meaning the age of marriage, which at the time was 12 years old. [Robertson S. “Children and Youth in History | Age of Consent Laws”. Chnm.gmu.edu.]

“A 1576 law was created with more severe punishments for having sex with a girl for which the age of consent was set at 10 years old. [Robertson S. “Age of Consent Laws”. Children and Youth in History. Sydney, Australia: University of Sydney.]

“Under English common law the age of consent, as part of the law of rape, was 10 or 12 years old and rape was defined as forceful sexual intercourse with a woman against her will. To convict a man of rape, both force and lack of consent had to be proved, except in the case of a girl who is under the age of consent. Since the age of consent applied in all circumstances, not just in physical assaults, the law also made it impossible for an underage girl (under 12 years old) to consent to sexual activity. There was one exception: a man’s acts with his wife (females over 12 years old), to which rape law did not apply.”[Lindenmuth J. “The age of consent and rape reform in Delaware”. Widener Law Delaware Library.]

In 1875, the Offence Against the Persons Act raised the age to 13 years in England; an act of sexual intercourse with a girl younger than 13 was a felony.

Obviously, our modern sensibilities scream at this possibility, but in America, if you have ever traced your ancestors back to the late 1600s and early 1700s, you will find such was true. I have a couple of 13-year-old grandmothers (age at marriage) in my family tree, especially those branches that settled in the rural areas of Virginia and North Carolina, where women were few and the need to have sons to assist on the land was always looming over a man’s head. Like it or not, there were many young girls who were married off between 12 and 14. Some because there were few neighbors around and the “market” for women was sparse, and some because of the “belief” that young girls could withstand the rigors of child birth better than could a more mature woman.

It was not until 1875 when the Offences Against the Person Act raised the age to 13 in Great Britain and Ireland, and ten years later the Criminal Law Amendment Act of 1885 raised it to 16. That was for consent for sex. That was when having sex with a child under age 16 was statutory rape. 

It wasn’t until 1929 that the age was raised to 16 for marriage. The child still required permission until she or he reached the legal age of adulthood.

The Age of Marriage Act 1929 increased the  age of marriage to sixteen.

The law said that girls of age 12 and boys of 14 did not consent to the marriage, then they were not married. The regular church court dealt with these matters as it did all questions of marriage. I have never read a successful application in all the cases I have studied, but that does not mean there could not be an exception to the rule. 

“The Marriage Act (1753) – Marriages in late Georgian England were governed by Hardwicke’s Marriage Act of 1753 which came into force on 25 March 1754 – an Act designed for ‘the better preventing of clandestine Marriages’. Although marriages usually took place in parish churches prior to this, it was possible to circumvent the system and get married in secret at places like the Fleet prison and St George’s Chapel, Mayfair.

“The 1753 Act stated that all marriages in England had to take place in a parish church or chapel, either after banns or by licence, unless under special licence. The law did not apply to members of the royal family. Nor did it apply to Jews and Quakers, but no concessions were made for other non-Conformists. There was a rush to get married before the Act came into force and the registers of St George’s Chapel state that 1,136 marriages took place between October 1753 and March 1754 including 61 on the 24 March 1754.” [Regency History]

The 1823 Marriage Act changed some of the standards for marriage.

Prior to the 1823 Marriage Act, someone had to take out a bond for a large sum of money which would be forfeit if it was later proved that the person applying for the licence had been lying.2 I have learned that very few bonds were forfeited, which suggests that in most cases, parents who had not given their consent were forced to accept the marriage in an effort to avoid scandal.

(4 Geo. 4) C A P. LXXVI.

[18th July 1823]

‘WHEREAS it is expedient to amend the Laws respecting the Solemnization of Marriages inEngland;’ Be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the First Day of November next ensuing the passing of this ^Act, so much of an Act passed in the Twenty sixth Year of the Reign of KingGeorge the Second, intituled An Act for the better preventing of Clandestine Marriages , as was in force immediately before the passing of this ^Act; and also an Act passed in the present Session of Parliament, intituled An Act to repeal certain Provisions of an Act passed in the Third Year of His present Majesty, intituled ‘An Act to amend certain Provisions of the Twenty sixth of George the Second, for the better preventing of Clandestine ^Marriages ;’ shall be and the same are hereby repealed; save and except as to any Acts, ^Mattersor Things done under the Provisions of the said recited Acts, or either of them, before the said First Day ofNovember , as to which the said recited Acts shall respectively be of the same Force and Effect as if this Act had not been made; save also and except so far as the said recited Acts, or either of them, repeal any former Act, or any Clause, Matter or Thing therein contained.

[Read the whole Act HERE – Anno Regni GEORGII IV. Britanniarum Regis,Quarto. An Act for amending the Laws respecting the Solemnization of Marriages in England ]

If the spouse was particularly undesirable or there was a lot of money involved, the non-consenting parent might demand an annulment. But if the marriage had already been consummated, it was less likely, particularly if it was the bride who was underage, as she would be ruined.

There was a case where children who were married off at a young age but were put to bed together and then separated (for the children usually were separated and kept in the homes of their own family until older) hated each other when they next met. Even so, the court refused to grant the annulment. I am attempting to recall all the details for I read the materials (read lots of inheritance law and marriage law when I first became a writer back in the early 2000s) more than a decade back. I think it was that boy who did not apply for an annulment as soon as he was 14.

Though the boy and girl lived apart, they did meet from time to time. They were never reconciled to their marriage and continued to live apart in bitterness and anger. 

According to the law, they have to apply for the annulment at the age of twelve and fourteen, depending whichever reached the legal age first. Obviously, few children had the money or the knowledge to do so at that age. Most would not be allowed to discuss the matter with a proctor of the court or have the advice of an advocate. Though married they were still minors and under the care and guidance of parents or a guardian. They would have to have a way to earn money to pay the lawyers.

However, by the end of the 18th century, society had turned against child marriages. The Hardwicke Act had pulled the teeth out of the betrothal contract. It was generally believed that 15 and 16 year old girls were too young to marry. However, the law still allowed parents to marry of children as young as seven. These marriages could be annulled when the girls reached 12 and/or the boys reached 14. That was considered the age of puberty, but tat was only true as long as the couple had not slept in the same bed or been otherwise intimate. By the Regency era, the idea of force and “own free will” was beginning to change, but change came slowly to the law and especially the ecclesiastical law. I can see how they could be mistaken about their marriage being annulled. If one thinks on it, it would take a great deal to convince me that mere children that young knew enough of the law or how to go about applying for an annulment, as well as paying the lawyers and doing it all without the knowledge of parents and guardians.

I taught middle school language arts for 13 years of my 40 years in the classroom. We used to say our students were all on an hormonal elevator that never stopped on our floor. We would describe a middle school dance as . . . (1) 6th graders still chasing each other around the floor like they were still on the elementary play ground; (2) 7th graders dancing together in a group, perhaps 10 girls and 4 boys, all having fun together, but not necessarily touching each other; and (3) 8th grader couples where it might be difficult to place a stick pen between them. My fear (as I have two middle school aged grandchildren) is that even those standards no longer exist. What I described at 8th grade behavior could easily be happening to my sixth grade granddaughter this upcoming year. I hope not, for my son would go ballistic, and I am from West Virginia (enough said of my reaction).

Going back to the Regency for one more point of interest. If the boy was married at age 14, he could not attend school, for all students in school must be unmarried to attend.