Marriage with consent of parents

[BumbleB]

Perhaps a silly question 

I have a marriage that takes place in 1815, where it states that the marriage is "with the consent of parents".

My understanding is that this would intimate that one or other of the parties is "under age".  But is that the only criteria?

From census returns, and death registrations, both parties were over the age of 21 when they married in 1815.  If I've got the correct groom then he was born in 1786 - I don't have a baptism for the bride and so everything is subject to confirmation, but the census returns would indicate a birth year of 1791/2.

[stanmapstone]

Lord Hardwicke's 1753 Marriage Act, made it illegal for those in England under the age of 21 to get married without the consent of their parents or guardians. If they were of full age then they did not need consent.

Stan

[BumbleB]

Thank you Stan, that was what I thought, so very intriguing.  Looks like we have more than one couple with the same forenames!!!   

[croxia]

If the bride and/or groom were underage at marriage and didn't have parental consent, would that make the marriage void? Also what were the penalties if it was later discovered that one/both had in fact lied about their age?

Croxia

[stanmapstone]

No, In the case of marriage after banns, consent is always presumed in the absence of any notice or expression of dissent by the person or persons, required to give consent. Marriages of minors, i.e. under 21, without consent after banns were valid, unless the banns had been forbidden by parents or guardians openly and publicly in church at the time of publication.
Stan

[stanmapstone]

In the case of marriage by licence consent was required, if consent had not been obtained, then. as Hardwicke's Act says the marriage "shall be absolutely null and void to all Intents and Purposes whatsoever"

Stan

[Marmaduke 123]

I've come across "with consent of parents" being filled in in some parishes where the parties were of age while researching for my one name study. I've tended to think it was a misunderstanding on the part of the church official, in the first few years after the pre-printed registers included "with the consent of....."

I wouldn't assume you've got the wrong couple because of this. Can you look at other marriages in the same year to see if they all have this?

Anne

[BumbleB]

Hi Anne - I can't immediately do so, and it was a very small parish, but I'll have a look the next time I go to Lichfield.  Very interesting thought, although saying that I didn't spot anything on an 1810 marriage in the same parish.

I'll let you know

[Marmaduke 123]

I think it would be post 1812 - this from Wikipedia:

In 1812 an "Act for the better regulating and preserving Parish and other Registers of Birth, Baptisms, Marriages, and Burials, in England" (Rose's Act [1][2]) was passed. It stated that "amending the Manner and Form of keeping and of preserving Registers of Baptisms, Marriages, and Burials of His Majesty's Subjects in the several Parishes and Places in England, will greatly facilitate the Proof of Pedigrees of Persons claiming to be entitled to Real or Personal Estates, and otherwise of great public Benefit and Advantage". Separate, printed registers were to be supplied by the King's Printer, and used for baptisms, marriages and burials. These are more or less unchanged to this day.