Kara Sears
Queen Elizabeth II's marriage to Prince Philip, Duke of Edinburgh, in 1947, was a significant event that raised questions about the royal family's marriage laws. Elizabeth faced resistance for wanting to marry a royal European prince and descendant of Queen Victoria. However, it is essential to clarify that Elizabeth did not change the law to marry a commoner. The Royal Marriages Act of 1772, proposed by King George III, addressed the marriage of royal family members to commoners, making it a crime to participate in an illegal marriage within the royal family. This act was repealed by the Criminal Law Act of 1967. Interestingly, in 2019, changes in British law were announced, allowing monarchs to marry Catholics, a right previously denied to them.
| Characteristics | Values |
|---|---|
| Royal Marriages Act | Proposed by George III in 1772, this act outlined the conditions under which members of the British royal family could marry |
| Queen Elizabeth I | Chose to remain unmarried, despite pressure from Parliament to marry and produce an heir |
| Queen Elizabeth II | Received approval from King George VI to marry Prince Philip, who had to give up his titles and become a Duke to prove his loyalty and commitment |
| Royal Marriage Laws | In 2019, Prime Minister David Cameron announced plans to change the law to allow monarchs to marry Catholics |
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![Report of the Royal Commission on the Laws of Marriage : with an appendix 1868 [Leather Bound]](https://m.media-amazon.com/images/I/81nNKsF6dYL._AC_UY218_.jpg)
What You'll Learn
Queen Elizabeth I refused to marry
Queen Elizabeth I of England never married, despite having several suitors. This has been a topic of debate and speculation among historians. Some believe that her decision to remain unmarried was influenced by her early life, including her relationship with her father, King Henry VIII, and his wives.
Elizabeth's refusal to marry may have been a strategic choice to maintain her power and independence. By not committing to any particular suitor, she kept her options open in foreign affairs and strengthened her negotiating position. As a queen without a husband, she could maintain sole control over English affairs, particularly government and religion.
Elizabeth's decision also had implications for the succession. She refused to discuss the matter, stating that having a known successor would endanger her position. This ongoing uncertainty, however, may have made her vulnerable to plots and attacks.
The absence of a husband also allowed Elizabeth to cultivate an image of the "Virgin Queen," putting herself forward as a monarch who prioritised England's stability and security over her personal happiness.
One of Elizabeth's most notable suitors was Robert Dudley, the Earl of Leicester, with whom she shared a close relationship. However, Dudley was already married, and when his wife was found dead, Elizabeth withdrew from him to protect her reputation and position.
Other suitors included King Philip of Spain, who had been married to Elizabeth's sister, Mary, and Francis Duke of Alencon, the heir to the French throne. Elizabeth's marriage negotiations with Francis lasted nearly a decade, but he died in 1584.
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Royal Marriages Act 1772
The Royal Marriages Act 1772 was an Act of the Parliament of Great Britain that outlined the conditions under which members of the British royal family could enter into a valid marriage. The Act was proposed by King George III after his brother, Prince Henry, Duke of Cumberland and Strathearn, married a commoner, Anne Horton, in 1771. The King considered this match unsuitable, as he himself had been forced to marry for purely dynastic reasons. The Act required that all descendants of King George II, male or female, obtain the consent of the reigning monarch before marriage, in order to safeguard the status of the royal house. This did not apply to princesses and their descendants who married into foreign families.
The Act also stipulated that any marriage without the monarch's consent was null and void. However, members of the royal family over the age of 25 who were refused consent could still marry one year after notifying the Privy Council of their intention, unless both houses of Parliament expressly objected. Notably, there were no instances where consent was formally refused, although there were cases where it was not sought due to anticipated disapproval.
The Royal Marriages Act 1772 also made it a crime to perform or participate in an illegal marriage involving any member of the royal family. This provision was later repealed by the Criminal Law Act 1967.
The Act was repealed in its entirety in the United Kingdom and replaced by the Succession to the Crown Act 2013, which requires the first six people in the line of succession to obtain the sovereign's consent before marrying. This change came into force on 26 March 2015, following the 2011 Perth Agreement.
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Queen Elizabeth II's marriage to a commoner
Queen Elizabeth II married Prince Philip, Duke of Edinburgh, in November 1947. Philip was a former prince of Greece and Denmark and the couple were second cousins once removed through King Christian IX of Denmark and third cousins through Queen Victoria.
Elizabeth and Philip first met in 1934 and met again in 1937. Elizabeth was reportedly besotted with Philip from the age of 13. They married when she was 21, after her father asked them to wait a year to be sure they wanted to wed.
Philip had to give up his titles and was given the title of Duke before the marriage, as a confirmation of his loyalty and commitment. Elizabeth ascended to the throne at the young age of 25, becoming Queen of seven independent Commonwealth countries: the United Kingdom, Canada, Australia, New Zealand, South Africa, Pakistan, and Ceylon, as well as head of the Commonwealth.
The Royal Marriages Act 1772, proposed by George III, made it a crime to perform or participate in an illegal marriage of any member of the royal family. This was a direct result of the marriage of his brother, Prince Henry, Duke of Cumberland and Strathearn, to a commoner, Anne Horton, in 1771. The provision was repealed by the Criminal Law Act 1967.
In the 1950s, Charles d'Olivier Farran, Lecturer in Constitutional Law at Liverpool University, theorised that the act could no longer apply to anyone living, due to the fact that all the members of the immediate royal family were descended from British princesses who had married into foreign families.
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The Farran exemption theory
Farran's theory suggests that the act may no longer apply to any living members of the royal family due to a loophole in its wording. According to Farran, if a person is a descendant of George II through one line and subject to the act's restrictions, but is also a descendant of a British princess who married into a foreign family through another line, the exemption for the latter would take precedence. This is because many of George II's descendants in female lines have married back into the British royal family.
As an example, Queen Elizabeth II and other members of the House of Windsor descend from Queen Alexandra, who was a daughter of King George II. Queen Alexandra married King Frederick V of Denmark, a foreign ruler. This means that Queen Elizabeth II is both a descendant of George II subject to the act's restrictions and a descendant of a British princess who married into a foreign family.
However, Parry, a legal expert, argued that the Farran exemption theory had some complications. Parry pointed out that the Sophia Naturalization Act of 1705 granted British citizenship to all Protestant descendants of the Electress Sophia of Hanover, the ancestress of the United Kingdom's monarchs since 1714. As a result, some marriages of British princesses to continental monarchs and princes were not legally considered marriages to foreigners. For instance, Princess Elizabeth's marriage to Prince Philip, a Greek and Danish prince, could be interpreted as a marriage to a British subject due to Prince Philip's descent from the Electress Sophia.
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Changes to laws governing royal succession
The Royal Marriages Act of 1772, proposed by King George III, outlines the conditions under which members of the British royal family can contract a valid marriage. The act was a direct result of the marriage of his brother, Prince Henry, Duke of Cumberland and Strathearn, to a commoner, Anne Horton, in 1771. The act 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 in 1967.
In 1917, King George V decreed that his descendants could marry the children of British peers in the realm. Prior to this, they had only married German or Danish princesses or princes. This was done to "Anglicize" the Royal family.
In 1950, Charles d'Olivier Farran, Lecturer in Constitutional Law at Liverpool University, theorized that the act could no longer apply to anyone living, because all the members of the immediate royal family were descended from British princesses who had married into foreign families. This was due to a loophole in the act's wording.
In October 2019, Prime Minister David Cameron announced planned changes in the laws governing royal succession. The changes would allow a monarch's oldest child to succeed to the throne, regardless of gender. This reverses the centuries-old practice of placing younger sons above older daughters in the royal line of succession. The changes would also allow monarchs to marry Catholics, although the monarch must still be in communion with the Church of England as they are the head of that church.
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Frequently asked questions
No, Queen Elizabeth did not change the law to marry a commoner. In fact, the Royal Marriages Act of 1772, which was proposed by King George III, made it a crime to perform or participate in an illegal marriage of any member of the royal family.
Queen Elizabeth was in love with Lord Robert Dudley, who was considered her one true love. However, she was unable to marry him due to concerns about the succession and the potential for national divisions.
No, Queen Elizabeth never married and remained single for the rest of her reign. She sacrificed her personal happiness for the good of the state.
No, Queen Elizabeth II did not change the law to marry a commoner. However, she did face resistance when she wanted to marry Prince Philip, a member of a royal house with backing from members of the British Royal Family. Prince Philip had to give up his titles and was given the title of Duke before their marriage.
