This is precisely why the bald phrase "parental consent was not required after 1823" is misleading because parents still had the right to exercise a veto if they knew what was going on.
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Thread: marriage laws question
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04-01-2011, 10:18 AM #11
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04-01-2011, 12:07 PM #12GeoffersGuestOriginally Posted by Guy Etchells
The Parson, etc is under a duty to publish Banns - this is the positive action he takes prior to the marriage. In publishing the Banns he is asking if anyone objects and if no one does he may imply approval and proceed with the marriage.
As per Section 8 of the 1823 Act where there is no mention of expressed consent being required.
VIII.....no Parson, Minister, Vicar or Curate, solemnizing Marriages after the First Day of November next, between Persons both or one of whom shall be under the Age of Twenty one Years, after Banns published, shall be punishable by Ecclesiastical Censures for solemnizing such Marriages without Consent of Parents or Guardians, unless such Parson, Minister, Vicar or Curate shall have Notice of the Dissent of such Parents or Guardians; and in case such Parents or Guardians, or one of them, shall openly and publicly declare or cause to be declared, in the Church or Chapel where the Banns shall be so published, at the Time of such Publication, his, her or their Dissent to such Marriage, such Publication of Banns shall be absolutely void.
By this section, the Parson, etc is under no obligation to seek expressed consent of parents; but it is implicit that after the reading of the Banns, the Parson, etc may assume, infer, understand, that consent is granted - unless the parents (or some other person) had cried foul at the reading of the Banns which is his/her or their recourse to making an objection known.
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04-01-2011, 1:03 PM #13sueannbowenGuest
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04-01-2011, 1:13 PM #14GeoffersGuestOriginally Posted by sueannbowen
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04-01-2011, 1:17 PM #15
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05-01-2011, 10:38 AM #16Sue MillardGuest
that's a fair comment and a practical approach - though of course I have educated characters too, and presumably one of them would be the officiating clergyman!
PS - not referring to the darned frostbite
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05-01-2011, 12:26 PM #17HollytreeGuest
Perhaps if you are writing fiction and want to get the 'voices and character' correct then it could be that you need to look at the lives of country vicars.......the Rev Skinner of Camerton, Somerset wrote journals which survive at (I think) the British Library, and Somerset Archives.............it might be worth looking for something like that, where the journal writer expresses opinion of his parishioners! I don't think that Skinner was very complimentary of his 'flock'
Anne
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05-01-2011, 5:16 PM #18
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Some of his journals were published by the Oxford University Press as "Journal of a Somerset Rector" (and his full name was John Skinner). Other clergy who wrote journals include James Woodforde and Francis Kilvert; these are from periods before and after the date you were asking about, but country ways change slowly...
Arthur
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