Jactitation of Marriage

Jactitation of Marriage is a false pretence of being married to another—a wrong for which the party injured could formerly obtain redress by a suit in the Ecclesiastical Court. Jurisdiction in such suits now belongs to the Probate and Divorce Division of the High Court of Justice; but the suit is unknown in modern practice, the English law being clear enough to enable parties to ascertain without litigation whether they are married or not. In Scotland, where the law is not so clear, the suit of declarator of putting to silence (i.e. putting an end to pretended claims) answers the same purpose as a suit for jactitation. Thus, in the famous Yelverton case (1861) the lady's action for declarator of marriage was met by a cross-action for declarator of putting to silence.