Author Topic: Having your banns read  (Read 4930 times)

Offline Vasquez109

  • RootsChat Aristocrat
  • ******
  • Posts: 1,919
  • Ask now! Tomorrow might be too late....
    • View Profile
Re: Having your banns read
« Reply #9 on: Wednesday 04 January 12 10:40 GMT (UK) »
They were Christian and married at All Saints Church, Kemble in Gloucestershire.
Northants - Stevenson, Smith, Spriggs, Hight, Dodson, Coleman
Swansea - Thomas, Williams, Howell, David, Rees, Griffiths, Jenkins, Bevan
Rutland - Hales
Derbyshire - Harlow, Riley, Pemberton, Aldred
Yorkshire - Stamper, Boyes, Duke
London - Harper, Wallis
Essex - Shelford, Wallis, Read, Stanes
Hertfordshire - Bishop
Cornwall - Johns, Soper, Rowe, Ball, Webb, Dunn, Quintrell, Hain, Oliver
Gloucestershire - Harper, Ash, Gregory, Denman
County Durham - Proud, Duke
Yorkshire - Stamper, Pickering

Offline stanmapstone

  • RootsChat Marquessate
  • *******
  • Posts: 25,798
    • View Profile
Re: Having your banns read
« Reply #10 on: Wednesday 04 January 12 11:29 GMT (UK) »
From 1754 until 1st July 1837 only Church of England, Jewish, and Quaker marriages were valid.  Lord Hardwicke’s Act, of 1753.

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

Offline coombs

  • RootsChat Marquessate
  • *******
  • Posts: 7,901
  • Research the dead....forget the living.
    • View Profile
Re: Having your banns read
« Reply #11 on: Wednesday 04 January 12 13:12 GMT (UK) »
Someone may have objected but there is also other reasons such as illness, military service or something. Or they were too busy to do it then and decided to wait.

I have come across lots of banns published with no marriage that took place in that parish.
Researching:

LONDON, Coombs, Roberts, Auber, Helsdon, Fradine, Morin, Goodacre
DORSET Coombs, Munday
NORFOLK Helsdon, Riches, Harbord, Budery
KENT Roberts, Goodacre
SUSSEX Walder, Boniface, Dinnage, Standen, Lee, Botten, Wickham, Jupp
SUFFOLK Titshall, Frost, Fairweather, Mayhew, Archer, Eade, Scarfe
DURHAM Stewart, Musgrave, Wilson, Forster
SCOTLAND Stewart in Selkirk
USA Musgrave, Saix
ESSEX Cornwell, Stock, Quilter, Lawrence, Whale, Clift
OXON Edgington, Smith, Inkpen, Snell, Batten, Brain

Offline hiszafer

  • RootsChat Extra
  • **
  • Posts: 25
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Having your banns read
« Reply #12 on: Tuesday 10 January 12 00:51 GMT (UK) »
I have ancestors in Scotland who had a 2 year gap between posting banns and marriage.
1702 marriage records 'a pledge restored'. Banns were posted 2 years earlier in 1700. The fact that the pledge was restored may indicate that they participated in 'handfasting'. This custom allowed a couple to live together for a year and a day at which time they could decide whether to part or to make a lifelong commitment. It was considered more important for the bride to be experienced and fertile than to be a virgin.


Offline Vasquez109

  • RootsChat Aristocrat
  • ******
  • Posts: 1,919
  • Ask now! Tomorrow might be too late....
    • View Profile
Re: Having your banns read
« Reply #13 on: Tuesday 10 January 12 19:46 GMT (UK) »
So the groom made sure his wife 'worked' as regards to having kids. :)

If not, find another!  ;D
Northants - Stevenson, Smith, Spriggs, Hight, Dodson, Coleman
Swansea - Thomas, Williams, Howell, David, Rees, Griffiths, Jenkins, Bevan
Rutland - Hales
Derbyshire - Harlow, Riley, Pemberton, Aldred
Yorkshire - Stamper, Boyes, Duke
London - Harper, Wallis
Essex - Shelford, Wallis, Read, Stanes
Hertfordshire - Bishop
Cornwall - Johns, Soper, Rowe, Ball, Webb, Dunn, Quintrell, Hain, Oliver
Gloucestershire - Harper, Ash, Gregory, Denman
County Durham - Proud, Duke
Yorkshire - Stamper, Pickering

Offline LiamJDB

  • RootsChat Extra
  • **
  • Posts: 17
    • View Profile
Re: Having your banns read
« Reply #14 on: Thursday 27 September 12 14:24 BST (UK) »
On both "handfasting" and the mystery of the banns being called such a long time before the wedding, I'd highly recommend "Marriage Law for Genealogists" by Professor Rebecca Probert, who's the world's leading authority on the history of marriage laws and practices. She explains various possibilities for the banns, and points out that handfasting never existed as a form of marriage, but was an invention by Victorian folklorists (and present-day New Age bods).Also, I'm sure she'd be very interested in hearing from you - she's at Warwick University and encourages genealogists to contact her with their stories of ancestors interesting marriages.
Specialist in the laws and practices relating to marriage, England and Wales, 1600 to the present day

Offline stanmapstone

  • RootsChat Marquessate
  • *******
  • Posts: 25,798
    • View Profile
Re: Having your banns read
« Reply #15 on: Thursday 27 September 12 14:51 BST (UK) »
This custom allowed a couple to live together for a year and a day at which time they could decide whether to part or to make a lifelong commitment.

It could have been  marriage by repute. Marriage by Repute is not living together it is a marriage.
In Scotland this type of marriage was possible following an Act of 1503, and is still legal today confirmed by the 1939,1977, and 1980 Marriage Reform Acts. However if a substantial number of friends and relatives know the pair are not married and are merely contemplating marriage or cohabiting without intending matrimony, the doctrine of this type of irregular marriage does not apply. The cohabitation must be sufficiently long, normally about a year, for the court to infer that the couple tacitly agreed to marry. The present legal procedure is for one party to raise an action in the Court of Session for a declarator of marriage. If the declarator is granted, the Principal Clerk of Session passes the details to the Scottish Register General who registers the marriage according to Section 21 of the 1977 Act. This type of marriage is rare, there are only about two a year, most Scots undergo regular marriages.

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

Offline LiamJDB

  • RootsChat Extra
  • **
  • Posts: 17
    • View Profile
Re: Having your banns read
« Reply #16 on: Thursday 27 September 12 15:04 BST (UK) »
This is precisely where the law diverges north and south of the border - you're quite right. For people like me, Scottish law is a baffling world of concepts which look familiar but are often crucially different from their English and Welsh equivalents. That said, from the academic work I've read on the subject it's far from clear what the historic socio-legal practices were in Scotland, since so much of the evidence is tainted by being travellers' tales reported as hearsay and first recorded centuries after the practices are meant to have happened. Either way, you're quite right to note that if we're talking about a Scottish couple then the law has been substantively different when deciding on their marital status.

Another interesting question that arises here is that of what precisely a Scottish court is deciding when it finds a couple to be married by repute - is it finding that the repute and the cohabitation made a marriage, or is it finding that repute was sufficient to warrant a legal assumption that a legal marriage had taken place? In the English arena, it was the latter that was being asserted by the courts, and it's later writers' mistaken assumption that the cohabitation and repute in and of themselves created a marriage which has led to so many mistakes as to what the law used to be. As for Scotland, I'll doff my imaginary cap and admit myself unfit to have my own opinion on the legal detail!
Specialist in the laws and practices relating to marriage, England and Wales, 1600 to the present day