Authors: Carol Dyhouse
This law was causing trouble in a number of areas. The trend to early marriages was exacerbating the situation. With the consent of their parents, young people could marry once they had reached sixteen years of age. Without parental consent, they had to wait until they had reached twenty-one. As âinfants', young men who married before the age of twenty-one could not enter into contracts. This meant that they might be husbands and fathers, but could not enter into hire-purchase agreements or take out mortgages.
More women than men were marrying before they reached the age of majority. All too frequently this was leading to conflict with parents, who either thought their daughter too young to know her own mind, or who themselves disapproved of her choice of partner. In such cases, parents were increasingly referring the situation to the courts. The aim was to make an unbiddable daughter a ward of court in order to prevent her from marrying or from running away to Gretna Green, just over the border into Scotland, which had long been the resort of runaway lovers.
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Scottish law had traditionally allowed boys to marry at fourteen, girls at twelve years of age. Since 1929, both parties had to be at least sixteen, but could still marry without their parents' consent.
Elopements from England (and from Europe) were given regular coverage in the press. Between 1945 and the mid-1960s, applications for wardship had risen to such a level that the courts claimed to be overwhelmed by the demand. Lawyers complained that the system was unenforceable and unworkable. The High Court judge Sir Jocelyn Simon contended that
A not untypical situation is where the parents come to the court saying that their daughter is out of control and associating with some thoroughly undesirable man; at the suit of the parents the court makes an order forbidding the association: the next thing that happens is that the parents appear before the court saying that their daughter is now pregnant and joining in a prayer that their prospective son-in-law should not be sent to prison.
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Another area of social life where there were problems relating to the existing law on adulthood was higher education. The universities had long accepted something of the responsibility of standing
in loco parentis
in relation to undergraduates. In practice, university authorities' sense of moral guardianship and protection was extended more fully to girls than to male undergraduates. Women students were often obliged to live in halls, hostels or âapproved' lodgings. They were subject to rigorous âgate-hours' and markedly more supervision than their male peers.
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Disciplinary arrangements could be strict, and female students regularly grumbled that they were treated like schoolgirls. Widespread student dissatisfaction among both sexes in the 1960s often led to outright revolt against what was experienced as âpaternalism'. Students insisted that they should be treated as adults. The demand was by no means new in itself, although the extent of student protest in the 1960s was distinctive.
The setting up of a committee to consider and to report to Parliament on the âage of majority' was instigated by the Lord High Chancellor, Gerald Gardiner, in 1965. As a student at Oxford after the First World War, Lord Gardiner had learned something about students coming into conflict with university authorities. In the 1920s he had been disciplined for supporting a student of Somerville, Dilys Powell. The future film critic had been in trouble for climbing into college after hours.
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There had been even more trouble when Gardiner chivalrously helped her to publish a cogent indictment of the infantilising rules and restrictions in the women's colleges of the day. Gardiner had left Oxford with an undistinguished (fourth-class) degree in jurisprudence. He was to prove himself an outstandingly effective champion of liberal causes.
Under the chair of Mr Justice Latey, the Parliamentary Committee on the Age of Majority set out to consider whether the law needed changing. It consulted widely, and concluded that it did. To begin with there was little clarity or consistency. A whole hotchpotch of different laws, customs and regulations had grown up, some of them over centuries, about when the young should be considered grown up. There were glaring inconsistencies, for instance, in when one might vote, marry, die for one's country, or buy tobacco or liquor. That twenty-one had established itself, in the main, as the age at which young people were considered adults the committee regarded as historical accident. Before the Norman Conquest, the young were deemed adult at fifteen. By the time of Magna Carta, however, young men weren't thought ready for knightly service until the age of twenty-one. This was allegedly because armour was extremely heavy and it took strength to lift a lance or sword while wearing it.
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The committee maintained that modern conditions demanded different rules. Its
report, penned by Katharine Whitehorn, adopted a distinctively jaunty, iconoclastic tone. Young people were growing up faster and demanding respect. Their elders didn't always know better. Above all, the trend to early marriage looked set in and unlikely to change. The majority of the committee thought that young people should be allowed to make their own decisions about marriage at eighteen.
This did not mean that the members of the committee thought youthful marriage a good thing. They were ruefully aware that early marriages often ended in divorce. However they were influenced by the judiciary, by social organisations and even by the agony aunts presiding over the problem pages of popular newspapers.
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The general view was that the existing situation, requiring parental consent and so often leading to conflict and wardship preceedings, was unworkable. The committee concluded:
We, like many of our witnesses, think that young marriages are especially vulnerable, and not to be encouraged, but the fact that they are on the increase shows that the requirement of consent does no more than play Canute to the rising tide of young marriage.
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The Latey Committee recommended that the overall age of majority, covering full legal capacity, contracts and marriage should be reduced from twenty-one to eighteen. This recommendation was effected by the Family Law Reform Act in 1969. The most immediate impact was felt by the greetings card industry. The traditional twenty-first birthday card, with its silver-paper-covered âkey to the door', was no more. Eighteen never had quite the same ring to it.
Not everyone was happy about the change. Wealthy parents
worried that their eighteen-year-old sons and daughters would come into their inheritances too soon for their own good and might become vulnerable to sexual opportunists and gold-diggers.
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But there had always been the possibility of carefully drawn up trust funds to guard against this.
The 1969 Act had a strong impact on higher education. Students were now adults and could not be expected to submit to âmoral tutelage' and the kinds of surveillance over their private lives which had caused so much trouble in the past. Since these systems of moral surveillance had fallen so much more heavily on girls, they were particular beneficiaries. Stories of having to move beds into corridors when visited by male guests, of having to climb into hostels after hours, or of hiding men in cupboards while the domestic bursar (housekeeper) snooped around, receded into legend. Moral tutors who had veered towards nervous breakdown trying to police gate-hours and dress codes must have felt a profound sense of relief.
Young women, then, gained a great deal of autonomy as a result of the social changes of the 1960s. Personal stories attest to a new expansiveness and a widening of horizons. It became less exceptional to travel alone, in America or Europe, as a kind of âgap year' or simply to get away from home. There is a certain irony in the fact that just as the Latey Committee was arguing that society had to adjust to the tide of teenage marriage, this tide began to turn. As opportunities opened up and sexual behaviour changed, the idea of falling in love with, and committing for life to, a first sexual partner became seen as questionable. Was it prudent to be so carried away by romance? Girls' magazines began to discuss the pros and cons of âtrial marriage', or just living together with boyfriends for a time to see how things worked out. In
Honey
, the young singer and career woman Cilla
Black mused on the ways in which the 1960s had altered her outlook on life:
When I was at school I thought that if I was not married by the time I was eighteen I'd kill myself.
Now I think I'd be mad to marry before I'm thirty-five. Money changes a girl's attitude to romance, I can tell you.
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Looking back on the 1960s, the writer and feminist Sara Maitland judged that most of all, they had been âtransforming times, the beginning of the transforming time for almost all women in Britain'.
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Linda Grant, a pupil at an academic girls' school in Liverpool in the 1960s, recalled that during that decade she had led something of a double life: âDuring the day I scrambled to keep up with my notes on the English Civil War. At night, in my PVC mac and mod mini-dress I sneaked down to a pub where I hung out with people who drank pints and said they were poets.'
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Much of this was concealed from her parents. The confidence which sustained her through all this was a sign of the times. In retrospect, Linda concluded that although she had experienced the sixties as âa series of shocks', âIt was apparent that the entire country was behind me in rejecting my parents' values. It was a superb vote of confidence in a teenage girl.'
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6 | TAKING LIBERTIES: PANIC OVER PERMISSIVENESS AND WOMEN'S LIBERATION
Almost inevitably, some people feared that the challenges to traditional authority and the rise of more tolerant, âpermissive' attitudes to sexual behaviour in the 1960s had gone too far. Liberty, they proclaimed, was in danger of becoming licence. Young people were in danger of losing their moral compasses. It was suggested that young women, particularly, might need less freedom and more protection, if they were not to come to grief. Those who deplored what they saw as the increasing addiction of the young to sex, drugs and rock 'n' roll could point to well-publicised stories of excess and misbehaviour. These stories carried a particular charge when girls were involved.
Marianne Faithfull's career in the media first took off when she established herself as a singer of lilting folk-songs at the age of seventeen. Convent-educated, she had grown up in Reading, with colourful forebears. Her mother claimed aristocratic roots as a baroness of Viennese origin, whose great-uncle had been Leopold von Sacher-Masoch, author of the erotic novel
Venus in Furs
, and progenitor of the word
masochism
. Marianne Faithfull's looks were as alluring as her ancestry: a blonde with bee-stung lips, she suggested a cross between an angel and a milkmaid. The Rolling Stones manager Andrew Loog Oldham, seeing her for the first time, famously reported that he had seen âan angel with big tits'. As she was still a teenager, the tremulous tones of Marianne Faithfull's first hit, âAs Tears Go By', had their counterpart in a winsome diffidence: in press interviews
she confessed to worry over her A levels and uncertain ambitions about whether to apply to university.
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But after the birth of a son and the collapse of her marriage to John Dunbar, Marianne's halo of innocence became somewhat tarnished. Her relationship with Mick Jagger of the Rolling Stones brought notoriety, punctuated by a series of incidents involving drugs and nervous exhaustion. By 1970 the
Daily Mirror
commented that her love life was âalmost as public as the weather forecast'.
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After a drugs raid on Keith Richards's house in West Wittering, Sussex, in 1967, the press had a field day. Police officers were said to have been treated to the sight of Marianne, a modern apotheosis of Venus in Furs, naked and nonchalant under a fur bedspread. Represented as having been coolly unperturbed,
she later described the experience as having been difficult and very damaging.
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A young Marianne Faithfull looking innocent, 1967 (© Stanley Sherman/Getty Images).
Speculation about the details of Faithfull's love life was wild. A story about (unspecified) sexual practices involving a Mars bar circulated widely. This was too risky for most journalists to write about. Consistently denied by those implicated, the rumour nonetheless achieved the status of an urban myth and has proved ineradicable. The press developed a complex relationship with Marianne, who tended to give mixed messages in interviews. âI really do want to be good,' she told Don Short of the
Daily Mirror
early in 1969, lamenting that she felt helpless in the grip of events which had entangled her. In the previous year she had continued to take drugs, conceived a child with Jagger, horrified critics of permissiveness by refusing to consider marriage in spite of this pregnancy, and gone on to miscarry a baby daughter. âI am still happily sinning away with Mick,' she was quoted as having reported.
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