Author Topic: Banns or Licence  (Read 183 times)

Offline Shrop63

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Banns or Licence
« on: Tuesday 07 May 24 09:07 BST (UK) »
Is there any significant details between the forms of marriage? Also was it possible to marry at 17 around 1770? Thanks.
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Offline maddys52

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Re: Banns or Licence
« Reply #1 on: Tuesday 07 May 24 10:16 BST (UK) »
This article on familysearch is useful for describing marriage by license
https://www.familysearch.org/en/wiki/Marriage_Allegations,_Bonds_and_Licences_in_England_and_Wales

As I understand the legal age for marriage was 12 for girls and 14 for boys, though if underage they needed consent from parent or guardian.

1753 marriage act:
https://en.wikipedia.org/wiki/Clandestine_Marriages_Act_1753

Modified to add:
I have just read though that the minimum age for marriage changed in 1763 to 16 years, but I can't find a reference for this. Looks like it changed in 1929.  :-\
https://www.parliament.uk/about/living-heritage/transformingsociety/private-lives/relationships/overview/lawofmarriage-/

In any case, yes, in 1770 a 17 year old could marry - with consent from parent/guardian.

Offline Shrop63

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Re: Banns or Licence
« Reply #2 on: Tuesday 07 May 24 12:20 BST (UK) »
This article on familysearch is useful for describing marriage by license
https://www.familysearch.org/en/wiki/Marriage_Allegations,_Bonds_and_Licences_in_England_and_Wales

As I understand the legal age for marriage was 12 for girls and 14 for boys, though if underage they needed consent from parent or guardian.

1753 marriage act:
https://en.wikipedia.org/wiki/Clandestine_Marriages_Act_1753

Modified to add:
I have just read though that the minimum age for marriage changed in 1763 to 16 years, but I can't find a reference for this. Looks like it changed in 1929.  :-\
https://www.parliament.uk/about/living-heritage/transformingsociety/private-lives/relationships/overview/lawofmarriage-/

In any case, yes, in 1770 a 17 year old could marry - with consent from parent/guardian.
Interesting thanks
Parton
Poole
Clare
Jones
Ellis




Vaughan
Watkiss

Offline california dreamin

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Re: Banns or Licence
« Reply #3 on: Tuesday 07 May 24 13:02 BST (UK) »
I have a little book called "Marriage Laws, Rites, Records & Customs" it was written by Colin R Chapman. He has written the following:

"Lord Hardwicke's 1753 Marriage Act also placed age constraints, making it illegal for those in England under the age of 21 to get married without the consent of their parents or guardians, as was the case in continental Europe.  Incidentally in Scotland and America such parental consent remained unnecessary for a marriage to be valid.  However, the consent requirement was repealed and replaced in 1823". 

Chapman also mentions the following (that I thought was very interesting) but perhaps irrelevant to your question...  "Another marital age constraint was the restriction placed on young people serving an apprenticeship.  As the terms of many apprenticeships forbade marriage, most males under 24 until 1766 under 21 thereafter, and girls under 21, had to forfeit their apprenticeships if they married".

CD