Author Topic: 19th Century Marriage Law - Was it illegal to...?  (Read 5154 times)

Offline Frenchy

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19th Century Marriage Law - Was it illegal to...?
« on: Saturday 13 August 11 14:19 BST (UK) »
Just a question about marriage law of the 1830s that I'm hoping someone out there could answer. My ancestor George Wootton appears to have taken responsibility for his deceased brother Charles' wife Harriet and children. George and Harriet themselves have two children but I can find no marriage for them. Was there a reason for this? Was it illegal at the time to marry your brother's widow?

Regards,
Chris
French/Franc(e)y/Francis, Ellis, Friel, Walsh, Gray, Lynch - Donegal/Tyrone, Ireland and Canada
Wootton - Staffordshire/Middlesex
Go(u)lding - Worcestershire/ Middlesex,
Car(e)less - Staffordshire
Minal, Wood - Middlesex
Birleson/Burleson, Jameson - Durham/ Middlesex
Boatman - Essex/ Middlesex
Wollherr, Hoppe, Reissner, Kloss - Prussia, Germany
Lawrence - Surrey/ Kent
Coulthard - Durham

Offline cati

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Re: 19th Century Marriage Law - Was it illegal to...?
« Reply #1 on: Saturday 13 August 11 14:25 BST (UK) »
Marriage with deceased brother's widow was illegal until the Deceased Brother's Widow's Marriage Act of 1921.

This is quite a useful site:

http://www.genetic-genealogy.co.uk/Toc115570145.html

Cati
Bagot, Bate, Dominy,  Cox, Frost, Griffiths, Eccleston(e), Godrich, Griffiths, Hartland/Hartlin, Westwood, Spicer, Peake, Pass, Perry, Nuttle, Warrender

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Offline Frenchy

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Re: 19th Century Marriage Law - Was it illegal to...?
« Reply #2 on: Saturday 13 August 11 15:12 BST (UK) »
Thanks Cati  :)
French/Franc(e)y/Francis, Ellis, Friel, Walsh, Gray, Lynch - Donegal/Tyrone, Ireland and Canada
Wootton - Staffordshire/Middlesex
Go(u)lding - Worcestershire/ Middlesex,
Car(e)less - Staffordshire
Minal, Wood - Middlesex
Birleson/Burleson, Jameson - Durham/ Middlesex
Boatman - Essex/ Middlesex
Wollherr, Hoppe, Reissner, Kloss - Prussia, Germany
Lawrence - Surrey/ Kent
Coulthard - Durham

Offline pinefamily

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Re: 19th Century Marriage Law - Was it illegal to...?
« Reply #3 on: Monday 15 August 11 07:09 BST (UK) »
Having checked that site out furthers my argument. I have long believed that first cousins could not marry. In fact I have an example from Devon PR's where the couple got married in another parish (the register entry in the original PR is forcefully crossed out!).
I am Australian, from all the lands I come (my ancestors, at least!)

Pine/Pyne, Dowdeswell, Kempster, Sando/Sandoe/Sandow, Nancarrow, Hounslow, Youatt, Richardson, Jarmyn, Oxlade, Coad, Kelsey, Crampton, Lindner, Pittaway, and too many others to name.
Devon, Dorset, Gloucs, Cornwall, Warwickshire, Bucks, Oxfordshire, Wilts, Germany, Sweden, and of course London, to name a few.


Offline Guy Etchells

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Re: 19th Century Marriage Law - Was it illegal to...?
« Reply #4 on: Monday 15 August 11 07:17 BST (UK) »
For the full list of Consanguinity & Affinity blocks to marriage see my website at
http://freepages.genealogy.rootsweb.ancestry.com/~framland/acts/affinity.htm
Cheers
Guy

P.S. Note the 1536 the Second British Temporal Statute extension that is very often missed.
http://anguline.co.uk/Framland/index.htm   The site that gives you facts not promises!
http://burial-inscriptions.co.uk Tombstones & Monumental Inscriptions.

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Offline Deb D

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Re: 19th Century Marriage Law - Was it illegal to...?
« Reply #5 on: Monday 15 August 11 07:25 BST (UK) »
Having checked that site out furthers my argument. I have long believed that first cousins could not marry. In fact I have an example from Devon PR's where the couple got married in another parish (the register entry in the original PR is forcefully crossed out!).

I'm of the understanding that it was quite common for first cousins to marry.  I have one such marriage in my tree, in fact, which involves a clergyman who married his first cousin.
I live in Sydney, Australia, and I'm researching: Powell, Tatham, Dunbar, Dixon, Mackwood, Kinnear, Mitchell, Morgan, Delves, & Anderson

Offline pinefamily

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Re: 19th Century Marriage Law - Was it illegal to...?
« Reply #6 on: Monday 15 August 11 08:36 BST (UK) »
I know, people keep giving me examples like that Deb. But why would the entry be crossed out in the local parish register, and then the couple married a little later a bit further away? The time period is the late 1700's.
I also have the example of 2 cousins of my father's, who created much family uproar and scandal I am told, when they secretly married across town from where they lived; this occurred in the 1930's in South Australia.
I am Australian, from all the lands I come (my ancestors, at least!)

Pine/Pyne, Dowdeswell, Kempster, Sando/Sandoe/Sandow, Nancarrow, Hounslow, Youatt, Richardson, Jarmyn, Oxlade, Coad, Kelsey, Crampton, Lindner, Pittaway, and too many others to name.
Devon, Dorset, Gloucs, Cornwall, Warwickshire, Bucks, Oxfordshire, Wilts, Germany, Sweden, and of course London, to name a few.

Offline pinefamily

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Re: 19th Century Marriage Law - Was it illegal to...?
« Reply #7 on: Monday 15 August 11 08:37 BST (UK) »
Rather than banned under the consanguinity rule, perhaps it was a societal more (?).
I am Australian, from all the lands I come (my ancestors, at least!)

Pine/Pyne, Dowdeswell, Kempster, Sando/Sandoe/Sandow, Nancarrow, Hounslow, Youatt, Richardson, Jarmyn, Oxlade, Coad, Kelsey, Crampton, Lindner, Pittaway, and too many others to name.
Devon, Dorset, Gloucs, Cornwall, Warwickshire, Bucks, Oxfordshire, Wilts, Germany, Sweden, and of course London, to name a few.

Offline Galium

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Re: 19th Century Marriage Law - Was it illegal to...?
« Reply #8 on: Monday 15 August 11 09:37 BST (UK) »
I know, people keep giving me examples like that Deb. But why would the entry be crossed out in the local parish register, and then the couple married a little later a bit further away? The time period is the late 1700's.
I also have the example of 2 cousins of my father's, who created much family uproar and scandal I am told, when they secretly married across town from where they lived; this occurred in the 1930's in South Australia.

Marriage between first cousins is legal in all European countries, Australia, and some, but not all states in the USA.  More info here:

http://www.cousincouples.com/?page=facts

Nevertheless, many people living in those places believe that it is not legal. 
UK Census info. Crown Copyright, from www.nationalarchives.gov.uk