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Author Topic: "a Minor"  (Read 262 times)
243rose
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"a Minor"
« on: Saturday 21 June 08 10:32 BST (UK) »
Hello.

i am looking at a marriage licence from 1803 where the female is described as a 'minor'.
Is a minor under 21, 18 HuhHuh??
can someone let me know.

Thanks
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kerryb
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Re: "a Minor"
« Reply #1 on: Saturday 21 June 08 10:34 BST (UK) »
I would have thought it meant under 21.  18 being the age of adulthood is a more modern concept.  Or at least I think so.

Kerry
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Joyful
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Re: "a Minor"
« Reply #2 on: Saturday 21 June 08 10:38 BST (UK) »
In those days 'minor' definitely meant under 21 years.

Joy
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243rose
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Re: "a Minor"
« Reply #3 on: Saturday 21 June 08 10:42 BST (UK) »
Thanks dudes  Tongue
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kerryb
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Re: "a Minor"
« Reply #4 on: Saturday 21 June 08 10:42 BST (UK) »
Thank you for confirming that Joy.  I had a sudden crisis of confidence as I was typing.  Roll Eyes

Kerry
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nickgc
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GGF J. James McLellan 1864-1908
Re: "a Minor"
« Reply #5 on: Saturday 21 June 08 22:05 BST (UK) »
I don't think this can be easily answered.  I have spent 30+ minutes checking websites without a definitive answer (it is also of interest to me).

There are 3 related, but different concepts that might come into play: marriageable age; age of consent; and age of majority.  Age of majority is the one of interest, and a brief discussion can be found at
http://www.rootschat.com/links/03oo/

It appears to me that the correct answer may be "21 for males, 18 for females" (British Civil Law).

An interesting fascinating note on above website: "in England the age of consent for (heterosexual) sex was raised to 13 (from 12!) in 1875, and to 16 in 1885."

Nick
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kerryb
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Re: "a Minor"
« Reply #6 on: Saturday 21 June 08 22:16 BST (UK) »
I'm sorry if you thought I was being glib Nick, I was simply trying to be helpful!

Kerry
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nickgc
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GGF J. James McLellan 1864-1908
Re: "a Minor"
« Reply #7 on: Saturday 21 June 08 22:20 BST (UK) »
I apologize Kerry - bad choice of words on my part - I'll fix.

Regards,

Nick
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Little Nell
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Re: "a Minor"
« Reply #8 on: Saturday 21 June 08 22:23 BST (UK) »
Quote
It appears to me that the correct answer may be "21 for males, 18 for females" (British Civil Law).

I have to disagree, Nick.

Currently, the age at which a person (both male and female) can marry in England and Wales without consent  is 18.  With consent, it is 16.  In the past (and I would think this is what is meant here) minor equalled under 21 for both males and females.

It was legal for girls to marry at 12 and boys at 14, but until they were 21 they were supposed to gain the consent of their parents (usually father) or guardian.

Given that it was a licence that prompted this particular instance of asking the question, it would mean that the person was not of full age i.e. not 21.  

Check out the RootsChat lexicon
http://surname.rootschat.com/lexicon/index.php

for links to other discussions on the same point.

Nell
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kerryb
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Re: "a Minor"
« Reply #9 on: Saturday 21 June 08 22:25 BST (UK) »
Apology accepted Nick

I have just been reading the interesting link you gave, it certainly is confusing and there is a lot to bear in mind but I still think that in 1803 it would refer to under 21 or at least that has been my experience from my own searches. 

Kerry
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nickgc
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GGF J. James McLellan 1864-1908
Re: "a Minor"
« Reply #10 on: Saturday 21 June 08 22:54 BST (UK) »
OK, I yield -

It took a long time to find, and it looks like the age of majority flip-flopped, but this statement convinced me:
"Lord Hardwicke's 1753 Marriage Act, made it illegal for those in England
under the age of 21 to get married without the consent of their parents or
guardians.   The consent requirement was repealed and replaced in 1822 and an
act in 1823 restored the pre-1753 rule of Canon 100."

So it appears that from 1753 to 1822 (at least), for purposes of marriage, a person was considered a "minor" if under 21.

Nick
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Rabbit B
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Re: "a Minor"
« Reply #11 on: Saturday 21 June 08 23:12 BST (UK) »
Hi Everyone,

I married in 1958 with my Father's consent, but I had no idea that that would make my husband my legal Guardian!

But to my horror it did!  There was an outbreak of smallpox and my vaccination needed redoing .  To my embarrassment my Husband had to consent to my being vaccinated again.  I was furious!  I was 21 three months later and the law was changed soon after that!

It was a strange Law that would call the boys up for National service at 18 and get them killed as many were, yet they were too young to vote!

This was the reason that the age of consent was lowered and equality became the norm.  But it is not that long ago since it was changed!

Rabbit B  Wink
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