Duke:
COMMON REGENCY ERRORS
by
Allison Lane
Duke:
The highest rank of the peerage
Controls a dukedom or duchy
Wife: duchess
A duke is always associated with a place, hence his title is Duke of Placename. By the time his ancestors became dukes, they had likely accumulated several other titles. Thus his legal name (such as on a marriage license) will include his full name and all honors. His heir gets the courtesy use of his second title. His heir's heir can use the third one, if it exists. If there is no a courtesy title to use, the heir would be called Lord Familyname.
Example: When Thomas George Francis Stiffrump, Duke of VastCounty,
Marquess of BigCity, Earl of Hamlet, baron Stiffrump, and baron ForgottenUncle,
weds Lady Mary Perfectwife, she becomes Mary, Duchess of VastCounty (note that
she loses any family name)
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When add
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ressing the VastCountys to their face, you would say: |
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him:
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Your Grace - this is formal and always correct Duke - this is short and snappy |
| VastCounty - this is how his acquaintances likely address him, though not usually females | |
| Nickname - this would be used only by family/close friends - the nickname might be from school or a shortened form of the title he used in childhood; it is rarely his given name | |
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her:
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Your Grace - this is formal and always correct |
| Mary - used by the closest of friends and possibly her husband, by invitation only (note that she is never Lady Mary, for that would imply that she is unwed.) |
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When refe
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rring to the VastCountys, you would say: |
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him:
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his grace or His Grace of VastCounty (if it's not clear which duke you refer to) |
| the duke or the Duke of VastCounty | |
| VastCounty | |
| Nickname - but only if everyone who can hear you has the privilege of using it | |
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her:
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her grace or Her Grace of VastCounty |
| the duchess or the Duchess of VastCounty | |
| Mary - only if everyone who can hear has permission to address her so intimately |
the Duke of VastCounty will sign all correspondence VastCounty
the Duchess of VastCounty will sign her correspondence Mary VastCounty
The VastCounty children:
The oldest son is VastCounty's heir. As such he has the courtesy use of
VastCounty's second title (in this case Marquess of BigCity.) Whatever the actual
title, he will have the precedence of a marquess. His eldest son may use as a
courtesy VastCounty's third title, if one exists (in this case, Earl of Hamlet.)
Despite being heir to a duke, BigCity remains a commoner in the eyes of the law.
He uses his family name only on legal papers. Being raised as the heir, he will
be more arrogant and aloof than his brothers.
The younger sons will all be Lord Firstname Stiffrump (they cannot use any of
their father's titles.) They are addressed as Lord Firstname or Lord Firstname
Stiffrump. Never as Lord Stiffrump (this would indicate that they were in the
direct line of succession.) 'Lord' is a courtesy title they will keep for life,
but they remain commoners in the eyes of the law. And when Lord Alex Stiffrump
weds, his wife will be called Lady Alex Stiffrump or Lady Alex. Never Lady Stiffrump
or Lady Herfirstname. His sons are mere misters.
VastCounty's daughters are Lady Firstname Stiffrump. They are addressed as Lady
Firstname or Lady Firstname Stiffrump. Never as Lady Stiffrump, for that would
imply that they were wed to Lord Stiffrump. Again, this is a courtesy title they
hold for life, though if they wed someone with a title, they will use only their
husband's title. If their husband has no title of his own, they will be Lady Firstname
Newlastname. Their husbands will remain Mr. Newlastname.
Marquess or Marquis
The second highest rank of the peerage
Controls a marquessate or marquisate
Wife: marchioness
A marquess is always associated with a place, hence his title is Marquess of Placename. By the time his ancestors became marquesses, they had likely accumulated several other titles. Thus his legal name (such as on a marriage license) must include his full name and all honors. His heir gets the courtesy use of his second title. His heir's heir can use the third one, if it exists. Otherwise he becomes Lord Familyname. The spelling, marquess or marquis, is set out in the patent for the title.
Example: When Richard Edward Thomas AlmostStiff, Marquess of HugeEstate, Earl of Village, baron AlmostStiff, weds Lady Lucinda Thistlethwait, she becomes Lucinda, Marchioness of HugeEstate (note that she loses any family name)
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When add
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ressing the HugeEstates to their face, you would say: |
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him:
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my lord or Lord HugeEstate - these are formal and always correct |
| HugeEstate - this is how his acquaintances likely address him, though not usually females | |
| Nickname - this would be used only by family/close friends - the nickname might be from school or a shortened form the title he used in childhood; it is rarely his given name | |
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her:
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my lady or Lady HugeEstate - these are formal and always correct |
| Lucinda - used by the closest of friends and possibly her husband, by invitation only (note that is never Lady Lucinda, for that would imply that she is unwed.) |
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When refe
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rring to the HugeEstates, you would say: |
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him:
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Lord HugeEstate or the Marquess of HugeEstate or the marquess his lordship (if everyone knows to whom you refer) |
| HugeEstate | |
| Nickname - but only if everyone who can hear you has the privilege of using it | |
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her:
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Lady HugeEstate or the Marchioness of HugeEstate or the marchioness |
| her ladyship | |
| Lucinda - only if everyone who can hear has permission to address her so intimately |
the Marquess of HugeEstate will sign all correspondence HugeEstate
the Marchioness of HugeEstate will sign her correspondence Lucinda HugeEstate
The HugeEstate children:
The oldest son is HugeEstate's heir. As such he has the courtesy use of HugeEstate's
second title (in this case Earl of Village.) Whatever the actual title, he will
have the precedence of an earl. His eldest son may use as a courtesy his father's
third title, if one exists (in the above example, Lord AlmostStiff - note that
lower title names often are the same as family names.) Village remains a commoner
in the eyes of the law. He uses his family name only on legal papers. As heir,
he will be more arrogant and aloof than his brothers.
The younger sons will all be Lord Firstname AlmostStiff (they cannot use any of
their father's titles.) They are addressed as Lord Firstname or Lord Firstname
AlmostStiff. Never as Lord AlmostStiff (this would indicate that
they were in the direct line of succession.) 'Lord' is a courtesy title they will
keep for life, but they remain commoners in the eyes of the law. And when Lord
Richard AlmostStiff weds, his wife will be called Lady Richard AlmostStiff or
Lady Richard. Never Lady AlmostStiff or Lady Herfirstname. His sons
are mere misters.
HugeEstate's daughters are Lady Firstname AlmostStiff. They are addressed as Lady
Firstname or Lady Firstname AlmostStiff. Never as Lady AlmostStiff,
for that would imply that they were wed to Lord AlmostStiff. Again, this is a
courtesy title they hold for life, though if they wed someone with a title, they
will use only their husband's title. If their husband has no title of his own,
they will be Lady Firstname Newlastname. Their husbands will remain Mr. Newlastname.
Earl:
The third highest rank of the peerage
Controls an earldom
Wife: countess
An earl is usually associated with a place, hence his title is Earl of Placename. (A very few earls are known as Earl Familyname, but this is not the usual form.) By the time his ancestors became earls, they had likely accumulated at least one other title. Thus his legal name (such as on a marriage license) must include his full name and all honors. His heir gets the courtesy use of his second title. His heir's heir has no courtesy title, even if a third title exists. If there isn't a courtesy title to use, the heir would be Lord Familyname.
Example: When Albert Harold Michael SortofStiff, Earl of Town and baron SortofStiff, weds Eleanor Aristocrat, she becomes Eleanor, Countess of Town (note that she loses any family name)
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When add
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ressing the Towns to their face, you would say: |
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him:
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my lord or Lord Town - these are formal and always correct |
| Town - this is how his acquaintances likely address him, though not usually females | |
| Nickname - this would be used only by family/close friends - the nickname might be from school or a shortened form of the title he used in childhood; rarely his given name | |
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her:
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my lady or Lady Town - these are formal and always correct |
| Eleanor - used only by the closest of friends and possibly her husband, by invitation only (note she is never Lady Eleanor, for that would imply that she is unwed.) |
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When refe
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rring to the Towns, you would say: |
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him:
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Lord Town or the Earl of Town or the earl |
| his lordship (if everyone knows to whom you refer) | |
| Town | |
| Nickname - but only if everyone who can hear you has the privilege of using it | |
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her:
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Lady Town or the Countess of Town or the countess |
| her ladyship | |
| Eleanor - only if everyone who can hear has permission to address her so intimately |
the Earl of
Town will sign all correspondence Town
the Countess of Town will sign her correspondence Eleanor Town
The Town children:
The oldest son is Town's heir. As such he has the courtesy use of Town's second
title (in this case Lord SortofStiff.) Whatever the actual title, he will have
the precedence of a viscount. His heir will not have a courtesy title, but will
have the precedence of a baron.
The younger sons are honorables. When filling out legal papers (such a marriage
licenses) or being presented at court, they will be called the Honorable Mr. Hisfirstname
SortofStiff. Formal letters are also addressed to the Hon. Mr. Hisfirstname SortofStiff.
But honorable is never used at any other time, certainly not in speech. They will
be only Mr. Hisfirstname SortofStiff. Their wives are Mrs. HisFirstname SortofStiff
or Mrs. SortofStiff or, informally within the family, Mrs. Hisfirstname.
Town's daughters are Lady Firstname SortofStiff. They are addressed as Lady Firstname
or Lady Firstname SortofStiff. Never as Lady SortofStiff, for that would imply
that they were wed to Lord SortofStiff. Again, this is a courtesy title they hold
for life, though if they wed someone with a title, they will use only their husband's
title. If their husband has no title of his own, they will be Lady Firstname Newlastname.
Their husbands will remain Mr. Newlastname.
Viscount:
The fourth highest rank of the peerage
Controls a viscountcy
Wife: viscountess
A viscount is not associated with a place, so he is Lord Titlename. Usually his title is the same as his family name. He is not addressed as Viscount and is rarely referred to as a viscount. He must use all titles when signing legal papers, but that is their only real use.
Example: When Herbert William Appleby, Viscount Appleby and Baron Apple, weds Cecily Twiddlethumbs, she becomes Cecily, Lady Appleby (note that she is never Lady Cecily, even if she is the daughter of a duke, marquess, or earl, for that would imply that she is unwed or wed to a commoner.)
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When add
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ressing the Applebys to their face, you would say: |
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him:
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my lord or Lord Appleby - these are formal and always correct |
| Appleby - this is how his acquaintances likely address him, though not usually females | |
| Nickname - this would be used only by family/close friends - the nickname might be from school or might be his given name or a shortened version of his given name | |
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her:
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my lady or Appleby - these are formal and always correct |
| Cecily - used by the closest of friends and possibly her husband, by invitation only |
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When refe
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rring to the Applebys, you would say: |
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him:
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Lord Appleby |
| his lordship (if everyone knows to whom you refer) | |
| Appleby | |
| Nickname - but only if everyone who can hear you has the privilege of using it | |
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her:
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Lady Appleby |
| her ladyship | |
| Cecily - only if everyone who can hear has permission to address her so intimately |
Lord Appleby will sign all correspondence
Appleby
Lady Appleby will sign her correspondence Cecily Appleby
The Appleby children:
The oldest son is Appleby's heir. He does not have a courtesy title but has the
precedence of a baron. When signing legal papers or being announced at court or
when addressed in formal mail, he is the Honorable Mr. Hisfirstname Appleby. Of
course, so are his younger brothers. The rest of the time he is Mr. Appleby. (When
no given name is used, it is assumed you are referring to the eldest son.) His
wife is Mrs. Hisfirstname Appleby or Mrs. Appleby, or, informally within the family,
Mrs. Hisfirstname.
The younger sons are also honorables. When filling out legal papers (such a marriage
licenses) or being presented at court, they will be called the Honorable Mr. Firstname
Appleby. Also in the address on formal mail. But honorable is never used any other
time, certainly not in speech. They are addressed as Mr. Hisfirstname Appleby.
Their wives are Mrs. HisFirstname Appleby or Mrs. Appleby or, informally within
the family, Mrs. Hisfirstname.
Appleby's daughters are also honorables, though like their brothers, the word
honorable is used only on legal papers or when being presented at court. The eldest
unwed daughter is addressed as Miss Appleby. Younger unwed daughters are Miss
Firstname Appleby if their elder sister is present, and Miss Appleby if doing
so will not cause confusion.
Baron:
The lowest rank of the peerage
Controls a barony
Wife: baroness
A baron is rarely associated with a place, so he is Lord Titlename. (There are a very few barons who are titled Lord of Placename, but this is not the usual form.) Often his title is the same as his family name. Like viscounts, barons are rarely referred to as barons. Those who matter know whether Lord Titlename is a baron or a viscount or an heir from the upper aristocracy using the family name because there isn't another title.
Example: David Anthony Manning, Baron Manning, weds Anne Smythe, making her Anne, Lady Manning (note that she is never Lady Anne, even if she is the daughter of a duke, marquess, or earl, for that would imply that she is unwed or is married to a commoner.)
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When add
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ressing the Mannings to their face, you would say: |
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him:
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my lord or Manning - these are formal and always correct |
| Manning - this is how his acquaintances likely address him, though not usually females | |
| Nickname - this would be used only by family/close friends - the nickname probably comes school or might be his given name or a shortened version of his given name | |
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her:
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my lady or Manning - these are formal and always correct |
| Anne - used only by the closest of friends and possibly her husband, by invitation only |
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When refe
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rring to the Mannings, you would say: |
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him:
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Lord Manning |
| his lordship (if everyone knows to whom you refer) | |
| Manning | |
| Nickname - but only if everyone who can hear you has the privilege of using it | |
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her:
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Lady Manning |
| her ladyship | |
| Anne - only if everyone who can hear has permission to address her so intimately |
Lord Manning will sign all correspondence
Manning
Lady Manning will sign her correspondence Anne Manning
The Manning children:
The oldest son is Manning's heir. He his only title is honorable, so he is addressed
as Mr. Manning. No first name would be used, for he is the eldest Mr. Manning.
His precedence is the lowest of any other peer or heir. When signing legal papers
or being announced at court, he is the Honorable Mr. Hisfirstname Manning. That
is also how formal mail is addressed to him. His wife is Mrs. Hisfirstname Manning
or Mrs. Manning or informally within the family, Mrs. Hisfirstname.
The younger sons are also honorables. When filling out legal papers (such
a marriage licenses) or being presented at court, they will be called the Honorable
Mr. Firstname Manning. And that is how formal mail is addressed to them. But honorable
is never used any other time, certainly not in speech. They will be only Mr. Hisfirstname
Manning. Their wives are Mrs. HisFirstname Manning or Mrs. Manning or, informally
within the family, Mrs. Hisfirstname.
Manning's daughters are also honorables, though like their brothers, the word
honorable is used only on legal papers or when being presented at court. The eldest
unwed daughter is addressed as Miss Manning. Younger unwed daughters are Miss
Firstname Manning if their elder sister is present, and Miss Manning if doing
so will not cause confusion.
Baronet:
Baronets are not part of the aristocracy. They are the highest
level of the gentry and thus do not sit in the House of Lords. If accused of a
crime, they are tried in the regular courts.
Controls a baronetcy
Wife: dame
A baronet is a hereditary knight. As such, he uses the title 'Sir' with his given name.
Example: When Sir Thomas Pickering weds Charlotte Turner, she becomes Charlotte, Lady Pickering (note that she is not Lady Charlotte, for that would imply that she is the unwed daughter of the upper aristocracy.) She gets to use the address Lady Pickering even though her husband is not a lord. She is not considered noble, though, so she does not enjoy the benefits that wives of lords have.
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When add
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ressing the Pickerings to their face, you would say: |
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him:
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Sir Thomas - this is formal and always correct - even minor acquaintances would not use his family name to his face |
| Nickname - this would be used only by family/close friends - the nickname might be from school or be his given name without the 'sir', by invitation only | |
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her:
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my lady or Pickering - these are formal and always correct |
| Charlotte - used only by the closest of friends and possibly her husband, by invitation only |
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When refe
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rring to the Pickerings, you would say: |
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him:
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Sir Thomas or Sir Thomas Pickering (if more than one Sir Thomas is around) |
| Nickname - but only if everyone who can hear you has the privilege of using it | |
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her:
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her ladyship |
| Lady Pickering | |
| Charlotte - only if everyone who can hear has permission to address her so intimately |
Sir Thomas will sign all correspondence
Sir Thomas Pickering
Lady Pickering will sign her correspondence Charlotte Pickering
The Pickering children:
The eldest son is Mr. Pickering. His younger brothers are Mr. Firstname
Pickering.
The eldest unwed daughter is Miss Pickering. Her younger unwed sisters
are Miss Firstname Pickering whenever she
is with them.
Knight:
Most knights are men who have been recognized for outstanding achievement. The rules of address are the same as for baronets, but knighthoods are not hereditary, so their heirs cannot use the 'Sir' address. Some knighthoods belong to ancient orders of knights (see precedence tables.) Most members of those orders also have hereditary titles that take precedence, so the knighthood appears only on the list of titles and honors they use on legal documents.
Dame:
Dames in their own right are women who have been recognized for outstanding achievement. They are addressed as Dame Firstname Lastname, but the honor is not hereditary, so cannot be passed on to their children. Nor does their honor change the way their husbands are addressed or their own precedence, which still derives from their husband's or father's position.
Royalty:
King George III (slipped into permanent madness in Nov
1810 when his favorite daughter died)
Wife: Queen Charlotte
Both are addressed as Your Majesty
| Children: all are addressed as Your Royal Highness and referenced by their dukedoms or as Princess | |
| Firstname or as the Prince Regent | |
NOTE: Only those born royal are entitled to the address Prince Firstname or Princess Firstname. Spouses take their address from their husband's other titles. So the regent's wife Caroline was never called Princess Caroline. She was Caroline, Princess of Wales. The modern habit of referring to Charles's late wife as Princess Diana is and has always been wrong. She should have been Diana, Princess of Wales. And was, in aristocratic circles.
Precedence:
Precedence determines power. Every member of society knows exactly where he ranks in relation to every other member. Even within categories, precedence will be determined by the date the related title was created. If two were created the same day, then the one the king signed first has precedence. If two people are related in the same way to the same title (younger sons, for example), then their own birthdates determined precedence. No two people ever had the exact same precedence. Precedence was used in many ways - seating at formal dinners, processions at court, importance in Parliament, etc. It was of vital importance to every member of society and something taught from birth. It controlled the degree of deference a person must show to those above them or expect from those below, including the depth of a bow or curtsy. The procession that opened each Almack's ball paired attendees by precedence, so you could see at a glance where you stood in relation to others in the room. I have included the complete precedence tables below. The ranks most often found in novels are in bold type.
Precendency of Men in England (from The Book of the Ranks and Dignities of British Society: Chiefly Intended for the Instruction of Young Persons)
King
Prince of Wales
King's Younger Sons
King's Brothers
King's Uncles
King's Grandsons
King's Nephews
Vice Regent, when any such officer exists
Archbishop of Canterbury
Lord High Chancellor or Lord Keeper
Archbishop of York Lord High Treasurer
Lord President of Privy Council
Lord Privy Seal
Lord High Constable in Commission
Hereditary Earl Marshall
Lord High Admiral
Lord Steward of His Majesty's Household
Dukes, according to patents of creation
Marquesses, according to their patents
Duke's Eldest Sons
Earls, according to their patents
Marquesses' Eldest Sons
Dukes' Younger Sons
Viscounts, according to their patents
Earl's Eldest Sons
Marquesses' Younger Sons
Bishop of London
Bishop of Durham
Bishop of Winchester
Other Bishops, according to seniority of consecration
Barons, according to their patents of creation, but if any baron be Principal
Secretary of State, he shall be placed above all barons unless they hold any of
the great offices before mentioned
Speaker of the House of Commons
Viscounts' Eldest Sons
Earls' Younger Sons
Barons' Eldest Sons
Knights of the Most Noble Order of the Garter
Privy Counselors
Chancellor of the Exchequer
Chancellor of the Duchy of Lancaster
Lord Chief Justice of the King's Bench
Master of the Rolls
Lord Chief Justice of the Common Pleas
Lord Chief Baron of the Exchequer
Judges, according to the degree of coif of the said courts, according to seniority
Bannerets, made under the king's own royal standard, displayed in an army royal,
in open war,by
the king himself in person, for the term of their lives only and no longer
Viscounts' Younger Sons
Barons' Younger Sons
Baronets
Bannerets not made by the king in person
Knights of the Most Noble Order of the Bath
Knights Bachelors
Baronets' Eldest Sons
Knights' of the Garter Eldest Sons
Bannerets' Eldest Sons
Knights' of the Bath Eldest Sons
Knights Bachelors' Eldest Sons
Doctors of Divinity, Laws, and Medicine, of the English Universities
Sergeant at Law
Baronets' Younger Sons
Esquires of the King's creation by the imposition of a collar of SS
Esquires attending Knights of the Bath
Esquires by office, as Justices of the Peace, etc.
Captains, and Gentlemen of the Privy Chamber, etc.
Knights' of the Garter Youngest Sons
Bannerets' (of both kinds) Younger Sons
Knights' of the Bath Younger Sons
Knights Bachelors' Younger Sons
Gentlemen entitled to bear arms
Gentlemen by office, function, or profession
Clergymen
Attorneys at Law, Etc.
Citizens
Burgesses, etc.
Precedency of Women in England: (from above source)
Queen
Princess of Wales
Princess Royal
Younger Daughters of the King
Duchess of York
Wives of the King's Younger Sons
Wives of the King's Brothers
Wives of the King's Uncles
Wives of the Eldest Sons of Dukes of the Royal Blood
Daughters of Dukes of the Royal Blood
Wives of the King's Brothers' or Sister's Sons
Duchesses
Marchionesses
Wives of the Eldest Sons of Dukes
Daughters of Dukes
Countesses
Wives of the Eldest Sons of Marquesses
Daughters of Marquesses
Wives of the Younger Sons of Dukes
Viscountesses
Wives of the Eldest Sons of Earls
Daughters of Earls
Wives of the Younger Sons of Marquesses
Baronesses
Wives of the Eldest Sons of Viscounts
Daughters of Viscounts
Wives of the Younger Sons of Earls
Wives of the Eldest Sons of Barons
Daughters of Barons
Wives of the Youngest Sons of Barons
Dames, Wives of Baronets
Wives of Knights of the Garter
Wives of Bannerets of each kind
Wives of Knights of the Bath
Wives of Knights Bachelors
Wives of the Eldest Sons of Baronets
Daughters of Baronets
Wives of the Eldest Sons of the Knights of the Garter
Daughters of Knights of the Garter
Wives of the Eldest Sons of Bannerets of each kind
Daughters of Bannerets of each kind
Wives of the Eldest Sons of Knights of the Bath
Daughters of Knights of the Bath
Wives of the Eldest Sons of Knights Bachelors
Wives of Sergeants at Law, and Doctors of Divinity, Law, and Medicine of the English
Universities
Wives of the Younger Sons of Baronets
Daughters of Knights Bachelors
Wives of Esquires, attendant on Knights of the Bath
Wives of Esquires by office, as Justices of the Peace
Wives of Captains, Gentlemen of the Privy Chamber, etc.
Wives of the Younger Sons of Knights of the Garter
Wives of the Younger Sons of Bannerets of each kind
Wives of the Younger Sons of Knights of the Bath
Wives of the Younger Sons of Knights Bachelors
Wives of Gentlemen, lawfully bearing Coat Armor
Daughters of Esquires, lawfully bearing Coat Armor, who are Gentlewomen by birth
Wives of Gentlemen by office, function, or profession, as Clergymen, Attorney's
at Law, etc.
Wives of Citizens
Wives of Burgesses, etc.
No Bannerets existed during the Regency. Bannerets were knights who led their armies onto the field under their own banner. The various orders of knighthood are not the same as knighthoods awarded for outstanding performance in their chosen field - like Sir Paul McCartney - which do not change a man's precedence. Each order of knighthood was limited to a set number of members. New ones were added only to replace deceased knights. Many of the knights in orders were also peers, in which case, their peerage took precedence over their knighthood.
Marriage Laws:
The laws of consanguinity prohibit unions between near relations.
A complete list of the rules follows. In short, a man may not wed his sisters,
his mother, his aunts, his grandmothers, his daughters, or his granddaughters,
whether by blood or marriage. A woman may not wed her brothers, her father, her
uncles, her grandfathers, her sons, or her grandsons, whether by blood or marriage.
Cousin unions are allowed in any degree. What made Regency England different from
the United States and other countries is that marriage created the same bond for
one's spouse's family as for one's blood family. Thus a man's sister-in-law fell
under the same proscription as his own sister, even after his wife's death. This
was quite useful, of course, for it meant that a widowed man could continue to
house his sister-in-law under his roof without tarnishing her reputation.
The marriage act of 1753 codified the consanguinity rules that had always applied
to Church of England marriages. It also specified where, when, and under what
circumstances a couple may wed, and set out other eligibility rules.
Standard wedding:
Each participant must be of sound mind, unwed, and unrelated according to consanguinity rules.| Banns must be called in the parishes of both parties for three consecutive Sundays, inviting anyone | |
| to come forward if they know of any reason why the wedding should not proceed. If two parishes | |
| are involved, certification of banns and eligibility to wed must be sent from the second parish to the | |
| officiating clergyman before the wedding can proceed. | |
Wedding by license:
The couple may buy a wedding license from any bishop that allows the wedding to proceed without reading the banns. All other restrictions still apply, including a three-week wait between getting the license and holding the wedding. The license must be on display during that 21-day period. If more than one parish is involved, the second parish must still inform the officiating clergyman in writing that no impediment exists to the marriage.
Wedding by special license:
A special license can be purchased from the Archbishop of Canterbury or his office in Doctor's Commons, London (located near the north end of Black Friar's Bridge.) A special license dispenses with all conditions of marriage except:| The couple must still be of age or have consent, and must be eligible to wed | |
| A Church of England clergyman must officiate | |
| Two witnesses must be present for the service |
The special license was most commonly used to hold a wedding in a location outside the parish church - a London church, perhaps, or a drawing room - or to have an afternoon wedding. Its use to avoid the three-week waiting period is far more common in literature than in fact.
Consanguinity:
In Regency England:
| A man may not marry his: | A woman may not marry her: |
| 1 grandmother | 1 grandfather |
| 2 grandfather's wife | 2 grandmother's husband |
| 3 wife's grandmother | 3 husband's grandfather |
| 4 father's sister | 4 father's brother |
| 5 mother's sister | 5 mother's brother |
| 6 father's brother's wife | 6 father's sister's husband |
| 7 mother's brother's wife | 7 mother's sister's husband |
| 8 wife's father's sister | 8 husband's father's brother |
| 9 wife's mother's sister | 9 husband's mother's brother |
| 10 mother | 10 father |
| 11 step-mother | 11 step-father |
| 12 wife's mother | 12 husband's father |
| 13 daughter | 13 son |
| 14 wife's daughter | 14 husband's son |
| 15 son's wife | 15 daughter's husband |
| 16 sister | 16 brother |
| 17 wife's sister | 17 husband's brother |
| 18 brother's wife | 18 sister's husband |
| 19 son's daughter | 19 son's son |
| 20 daughter's daughter | 20 daughter's son |
| 21 son's son's wife | 21 son's daughter's husband |
| 22 wife's son's daughter | 22 daughter's daughter's husband |
| 23 wife's daughter's daughter | 23 husband's son's son |
| 24 wife's daughter | 24 husband's daughter's son |
| 25 brother's daughter | 25 brother's son |
| 26 sister's daughter | 26 sister's son |
| 27 brother's son's wife | 27 brother's daughter's husband |
| 28 sister's son's wife | 28 sister's daughter's husband |
| 29 wife's brother's daughter | 29 husband's brother's son |
| 30 wife's sister's daughter | 30 husband's sister's son |
Annulment & Divorce:
An annulment was very difficult to obtain. There were only three acceptable causes for annulment, all of which could leave one or both of the parties a social outcast-
1) Fraud - Fraud could take two forms. If a participant in the wedding used a fictitious name (and this includes leaving out one or more names or titles from his full legal name) the marriage could be annulled. However, if the bishop trying the case decided that the problem was an inadvertent mistake, he would correct the registration and refuse the annulment. And if the name actually used was the name by which the person was commonly known, there would be no annulment. Bishops were biased toward keeping marriages intact. The second form of fraud involved promises in the marriage contract that could not be kept. If this happened, the wronged party could bring a suit of annulment charging fraud. An example is the groom promising to house the bride on a particular estate which he had already sold, or the bride's father promising a dowry that he cannot deliver. These breach of contract suits were very rare. Fraud could also be charged if the clergyman performing the wedding did not follow the rules (such as a vicar attesting to a wedding in which the bride did not consent) but this was extremely rare.
2) Incompetence - No one can sign a contract if he is incompetent under law. The two most common causes of incompetence are underage and insanity. A person must be 21 to enter into a legal contract. If either party was under 21 and did not have consent of their father or legal guardian, then the contract is null and void. The problem with voiding a marriage because the bride was underage is that she can never recover her reputation, so in the case of elopement, most fathers grudgingly accepted the marriage rather than be stuck with a ruined daughter. Insanity has its own problems. Once a person is proved legally insane, he is locked away for life and loses control of his possessions. Any titles will still be his, but a guardian will be appointed to see after his interests. In the case of a woman, she becomes a nonentity, locked away for the rest of her life and forgotten. Few families are willing to bring an annulment suit for insanity, for it would taint the entire family. Women never charged insanity against a husband because ending the marriage would leave them ruined. The few cases brought to trial were brought by men trying to get rid of unwanted wives or family members trying to gain control of a man's fortune.
3) Impotence - Nonconsummation is NOT grounds for annulment. I only know of one case ever brought for impotence, and that predated the Regency. The proof is onerous at best and leaves the man an outcast. To prove impotence, he must first share a bed with his wife for three years, then prove that she remains a virgin. He cannot share a bed with anyone else during that time. Second, he must prove that he is incapable of achieving an erection with anyone. This is done through the use of the two most accomplished courtesans the court can find. Only then, will he be ruled impotent.
Annulment suits are tried in ecclesiastical court by the bishop in whose see the couple's parish is located, so they have no choice of judges. Any children of an annulled marriage become bastards.
Divorce:
Divorce was rare and was not successfully initiated by the wife until well after the Regency. It involved three separate trials. The first was a civil trial in which the husband brought suit against his wife's lover. Called a criminal conversation (or CrimCon) trial, it must end with the lover judged guilty and assessed a large fine for alienation of affection. The second trial is by the ecclesiastical court (presided over by a bishop), which was the divorce trial itself. Using the conviction from the CrimCon trial, the husband would charge his wife with adultery and request a divorce. Divorce severed all responsibility for his former wife. However, he was still not completely free. A divorced man could not wed again unless Parliament passed a bill that allowed him to do so. The hearing on this bill is as extensive as the other trials. The entire procedure was long, very expensive, and rarely used outside the aristocracy. The woman became a social outcast. So did the man, though not to the same extent.
Inheritance:
England's laws of inheritance are very specific. I will touch briefly on those involving titles, entailed property, and unentailed property.
Titles:
The inheritance rules for a title are set forth in the patent
that established that title. They cannot be changed. No man can disinherit his
heir. He has no control over who will get the title after his death. The standard
patent allows succession through males only. Though England generally follows
the rules of primogeniture, there are a few titles that can go to females in the
absence of ANY male heir or that can pass through a female but not to her, again
in the absence of any male who can trace his patriarchal lineage to the first
holder of the title. These exceptions are usually baronies, though I know of one
earldom that does this.
A family which contains no heir will see the title forfeited to the crown when
the last holder dies.
If a title holder is convicted of treason or murder, his title and all his property
go to the crown. Such a conviction taints his blood and the blood of all descendents.
His son may petition the crown to renew the title in the son's name, but this
rarely succeeds and there is no guarantee that he will get back any of the property
even if he does get the title. Certain types of titles do have provisions that
any attainting will only last during the transgressor's lifetime, in which case
the heir will inherit upon his predecessor's death (since hanging was the usual
penalty and occurred very soon after conviction, the attainting doesn't last long
in these cases.) But this is a tricky area of law, so if you plan to convict any
peers in your book, do some research. And remember that peers cannot be tried
in the regular court system. They must be tried by the House of Lords. Anyone
bearing false witness against a peer is subject to death.
Entailed property:
A tail is a way to bind property to a specific set of people. We call the property included in the tail entailed property. A few tails were established that bound property to a title in perpetuity, but most tails were created for a set period of time. The most common tail is set up by a lord and binds the property to him and his next two heirs - in other words, three generations. When he dies, his son, as next lord, will renew the tail, again for three generations. This keeps it going and ensures that the family does not lose the land. Tails always bind the land to the title or to the heir, if no title exists. A lord may choose to leave some land outside the tail, though, particularly property that he acquires from dowries. It gives him some flexibility.
Breaking a tail requires the consent of all the men currently bound in tail. A three-generational tail would thus require the lord, his eldest son, and his eldest son's eldest son to agree. Since it is a contractual arrangement, all three men must be of age. Guardians cannot sign away their wards' entail rights. No heirs outside the direct line of succession can break a tail.
A tail will lapse if no one renews it. This usually happens only by accident. For example, the lord dies, making his eldest son the new lord. But that son is ill and dies soon afterward, without having a chance to renew the tail. His son is now the lord, but the boy is barely five years old. He cannot renew the tail until he is of age. If he dies before he reaches 21, the tail lapses. The new lord - perhaps his uncle - can create a new tail with the stroke of a pen. Or he can refuse. Likewise, if the boy survives to 21, he might refuse to renew the tail so he can sell part of the estate to cover his gaming losses (since he is the only man still covered under the original tail, he can break it whenever he wants once he is of age.)
Unentailed property:
Property outside a tail is disposed of by a will. The owner can leave it to whomever he pleases and include conditions - though the courts ruled that while requiring that the recipient wed within a certain time was allowed, designating a particular spouse was not. The recipient of unentailed property does not have to be related to the previous owner. Nor does the recipient have to be male or legitimate. However, if the bequest is property, the recipient cannot be Catholic, for they could not own land. And willing land to a female usually required the use of a trust.
Other common errors:
Adoption:
Adoption as we know it was impossible in the Regency. Blood was all that mattered, and legal blood at that. A family might take in an orphan, or raise the husband's bastards, or even foster a child whose own family could not care for it. This was often termed adoption in writings of the period, but it was an informal arrangement that did not confer any legal rights on the children involved. If the head of the family chose, he could leave unentailed property to the children he was fostering, but he was under no obligation to do so. If he died without making provision for them, his heir was under no obligation to do anything, including keep them around. They could never inherit titles or entailed property.
Bastards:
A bastard is anyone whose parents were not legally wed at the time of his/her birth. It didn't matter if they were wed at conception, but they had to be wed at birth for the child to be legitimate. It is impossible to legitimate a bastard. There is no way a man could pass a title to his bastard son and no way that son could inherit entailed property. A bastard can inherit unentailed property via a will, of course, but he will never be more than a bastard in the eyes of the world. A bastard son with the support of his father could enter society's fringes. A bastard daughter could not.
Jurisprudence:
Peers were exempt from most prosecution. If charges were brought against one, the trial could only be held in the House of Lords - trial by your peers started in England. A peer could never be tossed into debtor's prison. He might leave the country, but only to avoid embarrassment. There was no way to punish him for not paying his bills. His wife enjoyed the same legal standing, for marriage to a peer ennobled her. Anyone bearing false witness against a lord was subject to the death penalty.
Resource Guide for Regency Research:
The Regency Reference Book, by Emily Hendrickson. This is the best overall look at the Regency period currently available. It is privately published at a cost of $20 plus $2.50 postage. Contact Emily at regencygal@hotmail.com for information or to order a copy.
For a comprehensive list of research books on every conceivable Regency topic, with descriptions and comments on content and utility from Regency authors, order the Regency Realm, published by the Beau Monde chapter of RWA. It is available in several formats at a cost of $10 to $30, depending on form. Most of the books listed are available through inter-library loans. For further information, check the Beau Monde web site: www.thebeaumonde.com
For copies of original-source material from the Regency period, including fashion plates and descriptions from La Belle Assemblee, histories, period diaries, letters, etc, join the Regency Library, cost $30 per year. The Regency library also offers classes on Regency topics. For information, contact Susan Broadwater, the library's owner, at suchen@mindspring.com
To pick the brains of people very knowledgeable about the Regency period, join the Beau Monde chapter of RWA. Members of its e-mail loop willingly share their research. Collectively they know just about everything. The Beau Monde also runs the Regency Academe, offering classes on a variety of Regency topics. For more information, check the Beau Monde web site: www.thebeaumonde.com
For links to historical research sites, including many with Regency information, go to Deborah Lawson's historical research page at www.deborahlawson.com. I cannot guarantee the accuracy of every one of these sites, though, so please double-check all information.
For pictures of Regency gowns and collections of other Regency items, check Candice Hern's web site: www.candicehern.com
To check the etymology of words and phrases, including dates, go to www.wordorigins.org
copyrighted by Allison Lane
www.eclectics.com/allisonlane
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Article ©1998 Allison Lane |
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