Marriage Bonds

[pendlelad]

Hi all,

I am not familiar with how these marriage bonds or 'licenses' work. Below is a marriage between Thomas Braithwaite and Jane Hodgson in 1772. The top of the document lists two people, Thomas Braithwaite and John Braithwaite (who is John?). What i can't read is the places they are from (Thomas Braithwaite of....) (John Braithwaite of....)

Thanks,
Pendlelad

[horselydown86]

The parish is Windermere and the County is Westmorland.

Thomas is from Low H___s.  I'm not sure about John's place of residence.

Someone with better knowledge of the area may be able to fill in the gaps.

John is there because this is a bond and the law required two bondsmen.  I can't answer who he is in relation to Thomas.

[pendlelad]

The parish is Windermere and the County is Westmorland.

Thomas is from Low H___s.  I'm not sure about John's place of residence.

Someone with better knowledge of the area may be able to fill in the gaps.

John is there because this is a bond and the law required two bondsmen.  I can't answer who he is in relation to Thomas.

Hi horselydown,

Thanks for that, i tried 'low house' on Cumbria archives online and guess what came up-

1. Thomas Braithwaite of Low House, Udnermilbeck, gent., eldest son of John Braithwaite of Hollinghall, yeoman, deceased. 2. John Braithwaite of Bowness, brother of (1). Recitals: - will of John Braithwaite, 26 March 1755 - yearly rent of premises 7s. 1d., not 6s. 2d. as stated in will. Premises: [as in conveyance 23 January 1719]. Consideration: 5s. paid by (2) to (1), desire to avoid disputes.

Thanks again,
Pendlelad

[stanmapstone]

Hi all,

I am not familiar with how these marriage bonds or 'licenses' work.
Pendlelad

A visit to the clergyman issuing the licence resulted in three documents, an allegation or affidavit, a marriage bond and the licence. Bonds were a very common legal device. By entering into a bond a person would agree for instance that a statement was true, for a marriage  that there was no "lawful let or impediment" to the proposed marriage. If this was not the case  a penalty was due to the church official concerned, if the marriage did not take place the bond was irrelevant. A marriage bond would mention the two people who wanted to get married, not just one.  By the late 18th Century the penalty was £200. I would expect that they would not have to prove they had the money. After 1823 bonds ceased to be necessary.
See also https://familysearch.org/learn/wiki/en/Marriage_Allegations,_Bonds_and_Licences_in_England_and_Wales

Stan

[StevieSteve]

Hi. Could I ask the experts whether the bondsmen were responsible for both parties not having anything in their background that would generate let or hindrance? Or more specifically just the bride or just the groom?

 

[stanmapstone]

It will apply to both parties the term is "no "lawful let or impediment" to the proposed marriage."

This is an example of a bond (the wording changes at different times)
a. bond
Know all men by these presents that we Rivers Taylor sen. of  Histon and William Taylor of Landbeach yeomen are holden and firmly bound to the worshipful Wharton Peck. . . chancellor. . . Ely in the sum of£200. . .19 March 1765. The condition of this obligation is such that hereafter there shall not appear any lawful let or impediment by reason of any pre-contract entered into before the 25 March 1754 consanguinity or cause whatsoever but that Rivers Taylor junior of Histon aforesaid and Frances Peck of the same parish a spinster may lawfully solemnize marriage together and in the same afterwards lawfully remain.

http://www.rootschat.com/forum/index.php/topic,438148.msg3016813.html#msg3016813

Stan

[StevieSteve]

Thanks very much, Stan!

[CarolA3]

For John Braithwaite's residence, I suggest 'Low End'.

Carol

[JenB]

I think John's residence is Mislet http://www.streetmap.co.uk/map.srf?X=343150&Y=499840&A=Y&Z=120

There is mention of a John Braithwaite of Mislet here https://paulinewharton.files.wordpress.com/2017/06/windermere-all-tenements.doc