Author Topic: Why did someone else have to be consulted before a marriage licence issued?  (Read 1519 times)

Offline Westy11

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Just curious  ;D

I was looking for a marriage licence and have come across a few where someone else had to be consulted prior to granting a marriage licence.

An example from 1593-94 reads "Caveat not grant a marriage licence between [blank] HUDSON of Egerton, Co Kent and Elizabeth HAIE, unless Thomas Hebden  of Burwashe is consulted."

Another example "Caveat not grant a marriage licence between Launcellet LOVELES & Mary RIVERS of Hollingborne, Co. Kent unless intimation is before made  to John Saxpees Sowthover."

So what would be some reasons why another person had to be consulted, and
How would the request for consultation be arranged?

Offline jc26red

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Re: Why did someone else have to be consulted before a marriage licence issued?
« Reply #1 on: Sunday 26 March 17 03:11 BST (UK) »
Perhaps the groom was still an apprentice? Just a guess though. I haven't come across that before.
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Offline Melbell

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Re: Why did someone else have to be consulted before a marriage licence issued?
« Reply #2 on: Sunday 26 March 17 13:09 BST (UK) »
Hi Westy11

I presume that this would be because someone - I guess the bride's father - was with-holding consent for the marriage to take place as one of the parties was a minor, or for some other valid objection.  The objector would create a caveat and the Church would then not be able to issue a Licence without express permission from the objector.

Just as people have the right to do these days!

I expect someone with more knowledge of medieval marriage law could clarify this, or the information might be out there online somewhere?

Melbell

Offline groom

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Re: Why did someone else have to be consulted before a marriage licence issued?
« Reply #3 on: Sunday 26 March 17 13:12 BST (UK) »
If it was the bride or bridegroom's father the name would be the same. I think it could well be that the bridegroom was an apprentice as from what I understand they weren't allowed to marry without permission.
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Offline stanmapstone

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Re: Why did someone else have to be consulted before a marriage licence issued?
« Reply #4 on: Sunday 26 March 17 14:20 BST (UK) »
Statute of Artificers, An apprentice cannot marry and can't start a household. http://www.elizabethan.org/compendium/80.html
The Statute of Artificers (usually called the Statute of Apprentices) was passed in 1563 and remained on the Statute Book until 1819

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Offline Gaie

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Re: Why did someone else have to be consulted before a marriage licence issued?
« Reply #5 on: Monday 27 March 17 10:09 BST (UK) »
Hi

According to this research Thomas HEPDEN of Burwash was the co-guardian of his niece Elizabeth HAYE.

http://www.mandywillard.co.uk/surnames/hepden/john_1520.htm

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Sussex, Burwash/Somerset/South London: PANKHURST/FABLING/GREEN/KING/PARROT/POPE/PEMBROKE
Notts/Leics/London: POLLARD/BELAND/FELLS/MORRISON/MARYSON/CLARKE
Northants: MARRIOT/T
Suffolk: LINGLY/LINGLEY/LINDLY/LINDLEY/ SEAGER /SIGGER/SEGGAR/VINCE
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Offline jbml

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Re: Why did someone else have to be consulted before a marriage licence issued?
« Reply #6 on: Tuesday 28 March 17 13:22 BST (UK) »
Melbell's explanation is essentially correct.

Parents are most usually the individuals who must consent to a marriage of minors, but as has been noted others can have this right: the masters of apprentices, legal guardians, the Court of Chancery (in the case of a Ward) ...
All identified names up to and including my great x5 grandparents: Abbot Andrews Baker Blenc(h)ow Brothers Burrows Chambers Clifton Cornwell Escott Fisher Foster Frost Giddins Groom Hardwick Harris Hart Hayho(e) Herman Holcomb(e) Holmes Hurley King-Spooner Martindale Mason Mitchell Murphy Neves Oakey Packman Palmer Peabody Pearce Pettit(t) Piper Pottenger Pound Purkis Rackliff(e) Richardson Scotford Sherman Sinden Snear Southam Spooner Stephenson Varing Weatherley Webb Whitney Wiles Wright

Offline Westy11

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Re: Why did someone else have to be consulted before a marriage licence issued?
« Reply #7 on: Tuesday 28 March 17 13:48 BST (UK) »
Thanks one and all. 

Fascinating especially as it applies to apprentices.

Can you imagine the furor if such a thing happened today.

Westy

Offline jbml

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Re: Why did someone else have to be consulted before a marriage licence issued?
« Reply #8 on: Tuesday 28 March 17 17:11 BST (UK) »
Well, you've got to understand the context.

Most trades were carried on in the tradesman's home. Living accommodation, workshop, showroom or other trade premises were all encompassed within the same house. the apprentice paid to lodge with his master and learn the trade from him. This included being there at the beginning of the day to light the fires and prepare the workshop for use; shutting up and securing at the end of the day; and dining at the family board where the events of the day and the lessons learned would be discussed.

This is not really compatible with running off at the end of the day to attend to a wife and (probably) kids ... so unless the master consented ...

The modern day requirements for qualification as a barrister still have an element of the "legal apprenticeship" about them ... in that the would-be barrister must attend a number of formal dinners at his Inn of Court.
All identified names up to and including my great x5 grandparents: Abbot Andrews Baker Blenc(h)ow Brothers Burrows Chambers Clifton Cornwell Escott Fisher Foster Frost Giddins Groom Hardwick Harris Hart Hayho(e) Herman Holcomb(e) Holmes Hurley King-Spooner Martindale Mason Mitchell Murphy Neves Oakey Packman Palmer Peabody Pearce Pettit(t) Piper Pottenger Pound Purkis Rackliff(e) Richardson Scotford Sherman Sinden Snear Southam Spooner Stephenson Varing Weatherley Webb Whitney Wiles Wright