Author Topic: How old did marriage witnesses have to be?  (Read 5874 times)

Offline jillruss

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How old did marriage witnesses have to be?
« on: Saturday 26 July 08 15:36 BST (UK) »
Sorry if this has been covered before. I tried searching, without success.  :-[

Was there an age limit for marriage witnesses?

For a while now I've had a note that one of the witnesses at my greatx4 grandparents' marriage in 1800 in Bray, Berkshire was the very exotically named Suffina Odett Hughes.

I've never followed it up - until now. I've found a Sophina Odell Hughes on the IGI baptised in Bray in 1787 which, unless she had a late baptism, would make her only 13 in 1800.

Should I be looking for someone else, or would she have been allowed to witness the marriage?

Jill

HELP!!!

 BATHSHEBA BOOTHROYD bn c. 1802 W. Yorks.

Baptism nowhere to be found. Possibly in a nonconformist church near ALMONDBURY or HUDDERSFIELD.

Offline stanmapstone

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Re: How old did marriage witnesses have to be?
« Reply #1 on: Saturday 26 July 08 15:45 BST (UK) »
There was no minimum age for a witness. As long as the young person understood what they were witnessing, and could reach the register. In practice, probably about 11-12 was the youngest likely to have been asked.

Stan
Census Information is Crown Copyright, from www.nationalarchives.gov.uk

Offline jillruss

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Re: How old did marriage witnesses have to be?
« Reply #2 on: Saturday 26 July 08 15:50 BST (UK) »
Thanks, Stan.

You learn something new every day!  ;D

I don't know why I assumed that the witness should be classed as an adult.

I'm pretty sure I have another marriage somewhere that I'd discounted the witness because of that very fact. Now, if I can only remember which marriage it was....  ???

Jill
HELP!!!

 BATHSHEBA BOOTHROYD bn c. 1802 W. Yorks.

Baptism nowhere to be found. Possibly in a nonconformist church near ALMONDBURY or HUDDERSFIELD.

Offline stanmapstone

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Re: How old did marriage witnesses have to be?
« Reply #3 on: Saturday 26 July 08 15:58 BST (UK) »
All the 1753 Marriage Act required was "two credible witnesses"
It would be up to the person carrying out the marriage to decide if they were credible or not.

An Act for the better preventing of clandestine Marriages. (1753) Lord Hardwicke’s Act

XV. And in order to preserve the Evidence of Marriages, and to make the Proof thereof more certain and easy, and for the Direction of Ministers in the Celebration of Marriages and registering thereof, Be it enacted, That from and after the twenty-fifth Day of March in the Year one thousand seven hundred and fifty-four, all Marriages shall be solemnized in the Presence of two or more credible Witnesses,
http://freepages.genealogy.rootsweb.ancestry.com/~framland/acts/1753.htm

Stan
Census Information is Crown Copyright, from www.nationalarchives.gov.uk


Offline JAP

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Re: How old did marriage witnesses have to be?
« Reply #4 on: Saturday 26 July 08 16:38 BST (UK) »
Hello Stan,

It might be a good idea if you were to suggest this thread as a useful addition to Berlin-Bob's Lexicon of Genealogical Terms and Abbreviations.(*)  The Lexicon has Marriage Witnesses - Age in its index but your posts on this thread would be very helpful.

JAP




(*) Moderator Comment:  done, thanks :) 
RootsChat Reference Library => Lexicon (click here)
(Tip: click on a category - on the right - for related topics)


Offline JAP

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Re: How old did marriage witnesses have to be?
« Reply #5 on: Saturday 26 July 08 16:47 BST (UK) »
Hi Bob,

We were obviously posting (well, you were editing) at the same time.

I tried to add - and will do so now if works - a comment to the effect that the Hardwicke Marriage Act applied only to England and Wales.  The situation in Ireland and Scotland was not covered by the Act.  Though my understanding is that the situation in Scotland was roughly the same - witnesses to marriages, and informants of deaths, had only to understand what they were doing.

JAP