Assumptions being made - help required

[Valda]

You don't need a special licence to marry under age just permission from a parent or guardian. The marriage register itself should state one of the party was under age and the banns (or licence if they had married by licence) should give details of who was giving the permission. Under age people if they could get away with it, often didn't admit they were under age because of the extra hassle, so this alone doesn't prove James was indeed over 21 but if he had been under age it would have helped confirm the age given on the censuses.

Other parishes did not open their doors to unmarried mothers giving birth in their area so the question isn't why did Elizabeth go to Gilling to give birth to Mary. She would have to have been established there and have settlement, otherwise Gilling would have moved her back to Leyburn. They wouldn't have wanted an illegitimate child and mother charged to their rates if they could have helped it. Try checking the poor law for any evidence of Elizabeth and Mary - settlement/removal and or a bastardy order.
 
James does not just give Spennithorne as his place of birth - he only gives that once, Harmby twice and 'Throstle Nest' once - which is a very specific place. I believe from Googling there is a Throstle Nest farm at Harmby.
"HARMBY, in the parish of Spennithorne wapentake of Hang West & liberty of Richmondshire; ¾ mile NW. of Spennithorne, 1 mile E. of Leyburn. Population, 194."
If you search on the censuses for any other Spences giving Throstle Nest as a birthplace you find one on the 1871 census.

RG10 4743 folio 126
North Riding of Yorkshire Lunatic Asylum Clifton  Yorkshire .
Richd Spence  60  Throstle Nest Patient Widower Shoemaker

Back tracking him on censuses you get

1861 census RG9 3544 folio 98
North and East Riding of Yorkshire Lunatic Asylum Clifton  Yorkshire  
Richard Spence  51  East Witton, Yorkshire, Patient Widower Shoemaker

1851 census HO107 2379 folio 155
West Witton  Yorkshire  
Richard Spence 47 Harmby, Yorkshire,  Head Widower Master Shoemaker
Elizabeth Spence  17 West Witton, Yorkshire, Daughter Housekeeper
Hauxwell Spence 8  West Witton, Yorkshire, Son  
Susanna Spence 5  West Witton, Yorkshire, Daughter
Jackson Spence  1 West Witton, Yorkshire,  Son  

1841 census HO107 1254/14 folio 8 page 11
West Witton  Yorkshire  
Richard Spencer 30  Yorkshire Shoemaker
Catharine Spencer 30  Yorkshire
Elizabeth Spencer 7  Yorkshire
John Spencer 6 Yorkshire
William Spencer 4  Yorkshire
Richard Spencer 1  Yorkshire

From the IGI
RICHARD SPENCE  
CATHERINE JACKSON  
Marriage:  About 14 MAY 1833   West Witton, Yorkshire
 
And of course rather tantalising the earlier two Spennithorne baptisms are

JAMES SPENCE  
Christening:  31 DEC 1809   Spennithorne, Yorkshire
Father:  JOHN SPENCE  
Mother:  ALICE  

RICHARD SPENCE  
Christening:  13 AUG 1809   Spennithorne, Yorkshire
Father:  JOHN SPENCE  
Mother:  ALICE  

Regards

Valda

[Valda]

Elizabeth Fishwick born Leyburn on the 1851 census gives her age as 74 (birth circa 1777).
Christopher Leeming in Leyburn on the 1841 census was aged 70 (adult ages rounded down to the nearest 5 on the 1841 census) so a birth circa 1771 - 1767.

From the IGI the three Leeming baptisms in Wensley (covering Leyburn) are

CHRS. LEEMING 
Christening:  12 SEP 1773   Wensley, Yorkshire

MARTIN LEMING   
Christening:  27 DEC 1775   Wensley, Yorkshire
Father:  CHRS. LEMING 
(a baker in Ripon 1841 and 1851 censuses)

ELIZ. LEEMING 
Christening:  05 APR 1778   Wensley, Yorkshire
Father:  CHRS. LEEMING 

From the National Burial Index
20th June   1821   
Christopher LEEMING 82   
Yorks N/R   Wensley, Holy Trinity

18th August 1827   
Mary LEEMING 97   
Yorks N/R   Wensley, Holy Trinity

Regards

Valda

[sallysmum]

Hi Valda - these last 2 posts are begining to put the picture together - many thanks for your time and knowledge.

James Spence's marraige - I only picked up the Banns - no mention of him being under age here.  Will have to go back and see the register (didn't think to pick that up aswell) to check it out

Elizabeth Leeming's marriage to William Fishwick - Martin Leeming is one of the witnesses

Elizabeth's stay in Gilling - where do I find hte bastardy orders/poor law records - are these in the records office again?

Cheers
Sallysmum

[Valda]

Yes any poor law records (settlement, removal and bastardy orders) if they have survived (or were ever generated in the first place) should be in the county record office.
The asylum records - if you want to delve away slightly from your direct line (asylum records are detailed and I think fascinating) are held at the Borthwick Institute

Regards

Valda

[sallysmum]

Just received death cert fo Elizabeth Fishwick - Mary Spence was the informant - more confidence to the Leyburn Leemings being mine!  Thanks all

Sallysmum

[Pinetree]

Sallysmum,

I think we are researching the same SPENCE family - I'll send you more information by PM.

Pinetree

[Jenzzzz11]

Hi, my name is Jennifer Hawkswell and my gt gt Grandad was John Hauxwell b.1863 and married Catherine Spence b.1862. They were married in 1883 and I think that there is a definate link in our ancestors. I have managed to trace a few names back to a John Spence b.1788c who married Alice Spence. If anyone has anymore information on the Spence family, I know Pinetree does, then I would be most grateful. Thanks Jeni.

[sallysmum]

Hi jenzzzzz

I have PMed you - I can't believe from my simple query I have discovered another rellie - how amazing is that!

sallysmum

[Jenzzzz11]

Hi my name is Jennifer Hawkswell and I've come to a stop in searching for my ancestors on my Dads side. My Great great Grandfather was called John Hauxwell b.1863 in Moreton on Swale, Leyburn, Yorkshire. He married Catherine Spence (b.1862 West Witton, Leyburn, Yorkshire) in 1883. The problem is that I can't find John Hauxwell on any Census before 1881 and I really want to trace his parents as the Hauxwell/Hawkswell side is the main link down to me! I've tried searching different spellings, changing years and allsorts but found nothing! I have managed to trace a lot of the Spence side (his wifes side) but need some more info on John. If anyone has ANY information or knows how I could find more out please could you let me know! Thanks, Jeni.