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Hindle 1998
Hindle 1998
Hindle 1998
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THE PROBLEM OF PAUPER MARRIAGE IN
SEVENTEENTH-CENTURY ENGLAND
TheAlexander
PrizeEssay
By SteveHindle
READ 25 APRIL I997
7'
72 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY
Although, celibacyhasbecomethefocalpointofseventeenth-
therefore,
centurydemographicinterest, historianshave had littlesuccessin
itssocialand culturaldynamics.
exploring Whilethecalculationofthe
proportionof the population nevermarrying is in itselfproblematic,
theexplanationofitsvariation overtimeis renderedevenmoredifficult
by threeseparatebut relatedfactors.7 The firsttwo of these are
to the1640Sand 1650s:first,
specific
chronologically changesin thelaw
of marriage,especiallyunderthe Commonwealth; and, second,the
notoriousproblemof the defectiveregistration of marriagesduring
the mid-century These factorsnaturally
crisis.8 complicatethe actual
measurement The third
ofcelibacy. however,
difficulty, ismethodological,
fortheCambridgeGroup'model'placesatthecentreofanalysis rational
choicesmade by the prospective marriagepartners themselves.The
problemwith many such models
'rational-choice' ofhuman behaviour
"7Ingram,ChurchCourts,131.
28Ingram,'The ReformofPopularCulture?',145.
THE PROBLEM OF PAUPER MARRIAGE 79
[him]'.9The sanctions thatmightbe appliedinsuchcasesareillustrated
by the vestrydecision at Finchingfield(Essex)in 1628that'ifWilliam
shall
Byfleet marry Susan Crosleycontrary tothemindofthetownsmen
... hiscollectionshallbe detained';and byone Canterbury deponent's
reportthat'the parishioners threatened Alice [Cheeseman]to expell
herout oftheparish'ifshe defiedtheir'hinderance'ofthemarriage.30
These examples,of course,takeno accountof thoseoccasionson
whichalreadymarriedcoupleswerepreventedfromsettling together
in communities whereone or theother,or sometimes both,wereborn.
In 1618,forexample,Anthony Adamssoughtto bringhisyoungwife
to dwellwithhim in Stockton(Worcestershire). Despitethe factthat
he had beenborn,bredand apprenticed there,'hisparishioners[were]
notwillinghe shouldbringherintotheparishsayinghe wouldbreed
up a chargeamongstthem'.The couplewereforcedto live apart,he
in Stockton,she in her home parish of Bewdley.But even this
arrangement proved unsatisfactory,since 'doubt of furthercharge'
amongtheparishioners thereled to herexpulsion fromBewdley.3' Such
inter-parochial wrangling becameparticularly vitriolic
afterthepassage
ofthesettlement lawsin 1662.As LawrenceStonehasshown,restoration
parishes were not aboveactuallyforcing pregnant womenintomarriages
with'strangers', providing thatthe man had a settlementelsewhere, in
orderto pass the financialburdenof maintaining the child on to
someoneotherthanherhomeparish.3
These episodes,almostalwaysdescribedin the most laconic or
fragmentary of documents,are remarkablein severalways.First,it
mustbe emphasisedthatthe povertyof bride and groomwas not
amongthejustified canonicalgroundsforobjectingto marriagebanns.
AlthoughbothHenricianand late Elizabethanparliaments had flirted
withthetighter regulation ofmarriage, neithercriminal norcanonlaw
justifiedthe preventionof pauper marriage.33 Second, the dubious
34Levineand Wrightson,Industrial
Society,
352.
35Wrightson andPiety,
and Levine,Poverty
I33.
THE PROBLEM OF PAUPER MARRIAGE 81
ofsuchas woldemarybeforetheyhave a convenient houseto lyvein
accordingto theircallynge'.36 The use of the terms'the parish'and
'theinhabitants' are therefore
significantprecisely becausetheymade
an exclusivesocial institution (the structure of local office-holding)
soundlike an inclusiveone. Moreover,it is arguablethatcommunal
rhetoricof inclusionsucceededonlyin makingthe institutions and
attitudesit servedmoreexclusive.
Furthermore, ofcourse,theseprohibitions entailedpersonalcostsfor
thecouplesinvolved,especiallyin thosecircumstances wherethepoor
were inclinedto marry(or remarry) as a means of survival,and to
avoidbeingleftalone.37 Worsestill,theobjecting individualsand groups
mightemploy sanctions which could make lifeveryuncomfortable
forany couple wantingto defythem.Presentment forincontinence,
fornication or clandestinemarriage;desertionor separation;and the
threatofdestitution weretheimmediateconsequencesofthedesireof
the respectiveparishesto reduce the burdenson theirpoor rates.
Cumulatively, theeffectofsuchdecisionson thoseofmarriageable age
who facedsanctionsagainsttheirfulladultmembership of the com-
munity couldbe severe.In theWiltshire villageofKeevil,forexample,
a clutchof clandestinemarriagecases involvingpoor cottagersand
under-tenants in 1622was provokedby an 'exclusioncrisis',a seriesof
measuresin thelocal manorcourtto restrict immigration and control
sub-letting." Exclusioncould also be devastating forthe social order
itself:
JohnWalterhas arguedthatit was the inability to marryand
settlein theirown secureholdingsthatdrovethe poor husbandmen
and servantsof Oxfordshire to fomentseditionon EnslowHill in the
longwetsummerof I596.39
II
III
thoughnotexhaustive,
47David Cressy'sthorough, searchesofchurchcourtmaterials
do notappearto have turnedup anyadditionalinstancesof thepractice:Cressy,Birth,
Marriageand Death,312.
48 RichardM. Smith,'MarriageProcesses in
in theEnglishPast: Some Continuities',
The WorldWeHave Gained: ofPopulation
Histories ed. LloydBonfield,
andSocialStructure,
RichardM. Smithand K. E. Wrightson (Oxford,1986),73 n. ioI; RichardM. Smith,
and Welfare:Reflections
'Charity,Self-Interest FromDemograpicand FamilyHistory',
in Charity, in theEnglish
and Welfare
Self-Interest Past,ed. MartinDaunton(London,1996),
24.
49Adair,Courtship, andMarriage,
Illegitimacy and
138. Cf.Smith,'Charity,Self-Interest
45 n. 3.
Welfare',
55-6; Ingram,Church
50Ingram,'SpousalsLitigation', Courts,
131.
5'WilliamWhateley,A Bride-Bush.ora Direction Persons
forMarried (1623),175.
THE PROBLEM OF PAUPER MARRIAGE 85
an inhabitantaccordingto the laws made forthe settlement
of the
poor'.5" Carew Reynelnotedthe 'customin manycountry
parishes,
wherethey,as muchas theycan,hinderpoorpeoplefrommarrying'.53
Sir WilliamCoventrywas concernedthat'the laws againstcottages,
inmates,etc. and themethodof obligingpoor people to givesecurity
to save the parishfromchargebeforetheyare permitted to inhabit'
were 'restraints' hinderingthe poor frommarrying.54 Dudley North
believedthatofficers 'in defenceof theirparishfromchargesnotonly
employ themselves to preventnewsettlers, butuse greatcaretoprevent
the mareageof thosethattheyhave,hindering all theycan possibly
the matchingof youngones together'.He even imaginedthe likely
justification for this industryto hinder'mareage': '"'Oh," say the
churchwardens, "theywillhave morechildrenthantheycan keep,and
so increasethechargeof theparish".'55
It isverysignificant thatmostsurvivingseventeenth-century comment
on thecontrolofpaupermarriages aftertheRestoration,
originates by
whichtimepopulationpressurein mostruralcommunities had eased,
and the settlement laws had begunto clarify the extentof parochial
responsibilities.The polemicmusttherefore be setin thecontextofthe
transformation of attitudes in a periodof demographic As
stagnation.
ProfessorApplebyhas pointedout, 'the mostsignificant change of
opinionabout the poor was the replacement of concernabout over-
populationat the beginningof the [seventeenth] centurywithfears
about a possibleloss ofpeople at the end'.56By the I670s,it was felt
thatmarriageshouldbe encouragedin orderto fosterdemographic
growth and (inturn)an increasein nationalprosperity. ThusforDudley
North,'plentyof people is the cheefestrichesof a kingdom'.57 Sir
WilliamCoventry arguedthat'encouraging our ownpeopleto marry'
was a means 'to mend our domesticventby the increasingof our
people'.58Othersidentified thepoor as thenaturalconstituency from
which nationalprosperity mustemerge.JohnJohnsonarguedthat
'povertyis no morean impediment of marriagethanriches,and the
IV
6 Quoting
KeithWrightson, 'The PoliticsoftheParishin EarlyModernEngland',in
TheExperience inEarlyModern
ofAuthority England, AdamFox and Steve
ed. Paul Griffiths,
Hindle(Basingstoke, 1996),i9.
69PeterM. Solar,'PoorReliefandEnglishEconomicDevelopment BeforetheIndustrial
Revolution',Economic Review,
History 2ndser.,xlviii(I995), i6.
7oSee, forexample,the carefulcriticism of the categoriesof historicalsociologyin
NaomiTadmor,'The ConceptoftheHousehold-Family in Eighteenth-Century England',
PastandPresent,no. 151(May 1996),III-4o.
THE PROBLEMOF PAUPER MARRIAGE 89
eighteenth-century marriagepatterns had been disaggregated and the
key determinant of fertilitychange for the earlierperiod was the
celibacyrate,which,Weir had estimated,reachedunprecedentedly
highlevelsin theI66osand 1670s.7' Although Wrigley and hiscolleagues
have recentlyreiteratedthe view that 'the decisionto marrywas
peculiarlysusceptible to economicpressures', each successivenuance
to the argumenthas had the effectof reducingthe extentand sig-
nificance oftheautonomousrationalchoiceofcourting couples.7This
is neitherto suggestthatfluctuations in celibacycan be explained
exclusively in termsof the manipulation of bannsby parishofficers,
nor to discountthe significance of economic,culturaland ideological
factorsin themakingof marriage;nor evento rehearsetheviewthat
thepoor law was exclusively responsible forsecuringsocialstabilityin
later StuartEngland.73 It is, however,a salutarywarningthat the
actions,aspirations and decisionsofindividuals and socialgroupswithin
local communities are as significantin theexplanation ofsocialchange
as are theimpersonal forcesofeconomy,ideologyand culture.
The modelsofhistorical demographers therefore,especially'uncon-
sciousrationality'and 'Malthusianprudence',are all too oftenpredi-
cated on theexplanationof humanbehaviourby factorsdrawnfrom
outsidethe immediatecontextin whichcourtship and marriagepro-
cesseswereworkedout. In restoring thepoliticalcontextofnuptiality,
historiansmust recognisethat marriagechoice was not simplya
matterfordiscussion betweenthemarriagepartners; thatpoliticaland
institutional factorstended to skew the operationof the marriage
market;and thatdifficult decisionsabout the recognition of theright
to belongwereboundto be made in local communities experiencing
profoundeconomicstresses.The decisionsand actionsof parochiani
melioresetantiquiores
are, by definition, difficult
to recover,but theyare
nonetheless crucialto anyunderstanding of seventeenth-century social
relations.At theirstarkest, they belie the extraordinary freedom which
is oftensaid to have underpinned the makingof marriagein early
modernEngland,andarea potentreminder thatthehumanexperiences
centring on anyact mustbe wrappedintoall historical explanationsof
socialchange.
'FamilyLimitation';
7'Wrigley, Wrigleyand Schofield,Population xix,450-3.
Histoly,
72Wrigleyetal., English
Population FromFamily
History Reconstitution,
125-
73Cf thescepticism of Paul Slack,Poverty
andPolicy
in Tudor
andStuart (London,
England
1988),207-8.