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Meaning of "minor" on a UK 1852 marriage certificate?

Re: Meaning of "minor" on a UK 1852 marriage certificate?

Posted: 7 Nov 2008 3:57PM GMT
Classification: Query
On further reading , the definition of "a minor" is under the age of 18 years. If the age of majority is at 21 the person is known to have reached "full age", and if under 21 but above 18, "under age", and under 18 years "a minor".
Maybe what could determine this, regarding this 1852 marriage certificate, would be in finding the baptism reistration of the person named and regarded as a "minor" on this certificate? One could then easily determine the actual age of the person at marriage.

Re: Meaning of "minor" on a UK 1852 marriage certificate?

Posted: 7 Nov 2008 4:36PM GMT
Classification: Query
It's important not to confuse age of majority with marriageable age or with age of consent. These are three different concepts.

The original query was about the use of the term "minor" at a marriage in 1852. At that date, ecclesiastical law in England defined a minor as a person under 21, as any reliable UK genealogy website or textbook will tell you.

I can't comment specifically on usage over 100 years later in 1965, in the example you refer to. The age of majority was not lowered from 21 to 18 until the introduction of the Family Law Reform Act in 1969.

Re: Meaning of "minor" on a UK 1852 marriage certificate?

Posted: 7 Nov 2008 4:55PM GMT
Classification: Query
no I am not confused with the age of majority, consent or licence.
My reference to my own situation in 1965 ,although over a hundred years later, is simply regarding the terminology "minor", and that the age that one was considered a minor had not changed,(so I was informed at the time) even though the legal age of marriage (with parents consent) had.

"At that date, ecclesiastical law in England defined a minor as a person under 21, as any reliable UK genealogy website or textbook will tell you."

Proof that that is correct I am unable to find. Nowhere on that link you gave does it say that a person under 21 was considered a minor. Maybe it was "assumed" that they were, because they needed consent to marry?

The only way to determine , what age actually was considered "a minor" in 1852, in this case, would be to discover the baptism or birth registration of the person in question.

I for my part prefer to agree to disagree on the subject.

Re: Meaning of "minor" on a UK 1852 marriage certificate?

Posted: 7 Nov 2008 5:04PM GMT
Classification: Query
No further comment.

Re: Meaning of "minor" on a UK 1852 marriage certificate?

Posted: 6 Feb 2011 10:10PM GMT
Classification: Query
Just came across this debate. It may be a bit old now but I thought the following might be of interest.

The excellent work of reference, "Ancestral Trails. The Complete Guide to British Genealogy and Family History" by Mark Herber and published in association with the Society of Genealogists states in its section on "Marriages and Banns" that minors were people under the age of 21 and that:

"Under Hardwicke's Act, minors had to obtain their parents' or guardians' consent in order to marry but, until 1929, the law still allowed boys as young as 14 and girls as young as 12, to be legally married with that consent." (Herber, 2004, p124).

I hope that is helpful.

Re: Meaning of "minor" on a UK 1852 marriage certificate?

Posted: 3 Feb 2013 7:58PM GMT
Classification: Query
Age of consent

Hardwick's Act fixed the lower legal age of marriage as 14 for men and 12 for women. This was raised to 16 for both sexes in 1929, although parental consent was still required for brides or bridegrooms under age 21. Marriage of a minor by banns without consent did not render the marriage null and void, but was uncommon as usually someone in attendance when the banns were read would object on the grounds of age or lack of consent. Couples often went to another parish where no-one lived that knew their real age. Marriage of a minor by licence without parental consent was null and void, although it still happened, and as Hardwick's Act did not apply to Scotland, marriages in Gretna Green, the nearest Scottish town from the English border, were a regular occurrence for people under the age of 21. In 1939, Scottish law was changed to mirror English law.

In 1969, the minimum age for marriage without parental consent was lowered to 18 years of age.

yes i found something on a link a @guide to marriages' the above information proves useful


Re: Meaning of "minor" on a UK 1852 marriage certificate?

Posted: 20 Feb 2013 1:35AM GMT
Classification: Query
I just found this that may be helpful. However I believe amy ancestor was not age 21 but they didnt have birth certificates!
"After 1753 no marriage of a person under the age of 21 was valid without the consent of parents or guardians. Clergymen who disobeyed the law were liable for 14 years transportation"

It follows that therefore they would be a minor under 21 yrs. Sorry if duplicated didnt have time to look through posts.

Re: Meaning of "minor" on a UK 1852 marriage certificate?

Posted: 20 Feb 2013 8:04AM GMT
Classification: Query
Edited: 20 Feb 2013 8:23PM GMT
In regard to the last post, I think it is important to note that 'active' parental consent was not necessary for those under 21, AFTER the calling of banns. If parental dissent was not raised during the calling of the banns, in the period up to the ceremony itself, then any marriage that went ahead was valid. Only if the ceremony proceeded following active dissent was the marriage invalidated and the clergyman (afer 1754), liable to transportation.

Therefore, those such as orphans, or who eloped and had the banns called away from the the notice of their parents could and did marry earlier and the marriage was valid. (Source: 'Marriage law for Genealogists the definitive guide', Rebecca Probert, 2012, Kenilworth: Takeaway (Publishing)).

Re: Meaning of "minor" on a UK 1852 marriage certificate?

Posted: 20 Feb 2013 9:56AM GMT
Classification: Query
Great post. I have learned a lot myself. Just in time.

Re: Meaning of "minor" on a UK 1852 marriage certificate?

Posted: 20 Feb 2013 9:00PM GMT
Classification: Query
This is really helpful, thank you. My original question comes from trying to extrapolate back from the marriage cert to an approximate year of birth which is probably pre-civil registration. The point you raise about getting married in a different parish is an interesting one too and does make me think I should widen my search somewhat. Thank you very much- great to be able to try new avenues where previously it looked a bit of a brick wall!
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