Looking for Marriage Certificate

[bfyoung]

I am looking for a marriage certificate for:

Arthur Burns, b. 27 Mar 1825, Colton, Lancashire
and his second wife, Mary KIRKBY Massicks, b. 4 Feb 1816, Hawkshead, Lancashire.

Arthur's first wife, Isabella KIRKBY, died 24 Sep 1855, leaving him with 3 children, ages 5, 3, and 9 days.

Arthur then married his wife's sister, Mary, who was also widowed. They had 2 children, the first, Arthur, Jr., b. 29 Jan 1857 in Colton.

I have been unable to find any marriage for them bet 1855 & 1857. Would Mary be listed under her maiden name or her first husband's surname? I can't find her listed under either Mary Kirkby or Mary Massicks.

[Mutley]

It should be under her first married name and will say on the certificate what her maiden name was.

But I cannot find it, even trying all areas between 1855 and 1890. Found the marriage to Isabella.
Do you know her first husband's christian name, it might be worth tracking their marriage to see if they have spelt Massicks another way?

[Pam Downes]

Thought 'consaguinity' rang a bell.
You have to scroll down to the Book of Common prayer 1662 listing.
Number 17 'A man may not marry his wife's sister' was not repealed until 1907.
(Thank you Guy. )
So it might be that they didn't marry.
Pam

[bfyoung]

Wow! I never considered that they weren't married.

Old Arthur was quite a scoundrel. Not only did he "cohabit" with his wife's sister (since apparently they could not legally marry), but he also had a child by Mary's stepdaughter, according to family lore.

Mary and Arthur had 2 children: Arthur, b. 29 Jan 1857, Colton; and John, b. 1 May 1860, Colton. Interestingly, the birth certificates from the two children born to Arthur and Mary list the mother as: "Mary Burns, late Massicks, formerly Kirkby." Was there such a thing as a common law marriage in those days?