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Was it legal in 1800's!?!

ProfilePosted byOptionsPost Date

Meryl

Meryl Report 10 Oct 2004 19:17

One of these jumped ship in America whilst in the Navy in 1890's, is there any way of tracing him? Meryl

Seasons

Seasons Report 10 Oct 2004 17:31

I've got one that did it in the 1850's but then emigrated!!!!!

Seasons

Seasons Report 10 Oct 2004 13:52

Help just to clarify one point. In Scottish Laws Can a widower marry his late wife's sister?

Meryl

Meryl Report 10 Oct 2004 09:53

Hi Bob-- Ummm! that takes some thinking about! You're right about the sister-in-law and brother-in-law, Thanks Meryl

BobClayton

BobClayton Report 10 Oct 2004 09:39

It's easy to to get confused. I do!! this is what the 1931 act allowed 1.-(1) Section one of the Deceased Wife’s Sister's Marriage Act, 1907, (hereinafter referred to as "the principal Act"), shall have effect as if there were inserted therein after the words "or between an man and his deceased brother's widow" the words "or between a man and any of the following persons ; that is to say :- "(1) his deceased wife's brother's daughter ; "(2) his deceased wife's sister's daughter ; "(3) his father's deceased brother's widow ; "(4) his mother's deceased brother's widow ; "(5) his deceased wife's father's sister ; "(6) his deceased wife's mother's sister ; "(7) his brother's deceased son's widow ; "(8) his sister's deceased son's widow." The Deceased Wife's Sister's Marriage act of 1907 made it possible to marry one's sister-in-law. Yet it wasn't until 1921 that the Deceased Brother's Widow's Marriage Act was passed which made marriage to a brother-in-law legal. Now get this, if someone is marrying a sister in law in 1907, isn't a sister in law marrying a brother in law?? That's something to ponder over your cornflakes!! Bob

Meryl

Meryl Report 9 Oct 2004 23:51

Thanks everyone Elizabeth --and I thought I had problems !!!!!!!!!!! Happy hunting everyone! Meryl

Susanne

Susanne Report 9 Oct 2004 22:09

I put my hands up here to having copied the info re uncle/niece/aunt/nephew from an extremely useful book which I have. Every other piece of information in this book has proved to be correct and I therefore had no reason to doubt this info. On a more useful note! Exctract from Family Tree magazine (Aug '04): Beware the in-laws by Thelma Munckton, Son-in-law, daughter-in-law, brother-in-law, etc, may mean stepson, stepdaughter, stepbrother. If your forebears came from Wiltshire then these relationships may be given as laws, the exception being father-in-law. This could be confusing as laws might be mistaken for a surname. Niece and nephew could refer to grandchildren. This could explain the large gap in a family tree. Kinsman obviously means an unspecified relative, but then so could 'friend'. Cousin is also a term used to denote relationship, not necesarily the child of aunts and uncles.

BobClayton

BobClayton Report 9 Oct 2004 20:59

Yes Christine, there is no such thing as an illegal birth, as I understand it,it is the sexual act that is unlawful. If sex occurs between those that could not lawfully marry then that is incest. Bob

Christine in Herts

Christine in Herts Report 9 Oct 2004 20:49

Hi If they did register the info accurately it was very brave! It would have been illegal - but that didn't prevent it happening, of course, any more than illegality prevents conception now! Christine

BobClayton

BobClayton Report 9 Oct 2004 20:34

Sorry Steven, but as far as the law and church is concerned an aunt/uncle is a sibling of one of your parents. The "prohibited degrees" are all about restricting marriage within blood relatives,as far as I can see( which is why marriage to in laws was allowed eventually). If he is not related you can marry who you wish. All prohibitions were based on the "Common Book of prayer" from the 1600's Bob

Steven

Steven Report 9 Oct 2004 20:14

Uncle has a wider meaning than we think of now it could mean any male relative and was used for an older man, the same goes for in-law, Aunt etc. Steve.

BobClayton

BobClayton Report 9 Oct 2004 20:01

Think you have that wrong Susanne, Marriage to aunt /uncle is not allowed, I think the 31 act allowed marriage to deceased wife's aunt /uncle etc. See http://www.weddingguide(.)co.uk/articles/legal/prohibited.asp Bob

Meryl

Meryl Report 9 Oct 2004 19:51

Thanks susanne, I've just read your thread, very helpful. Was it legal to have a child together? I wouldn't have thought so if they couldn't marry.

Susanne

Susanne Report 9 Oct 2004 19:46

Marriage between uncle and niece/aunt and nephew was allowed from 1931 (officially!!)

Meryl

Meryl Report 9 Oct 2004 19:38

Does anyone know if it was legal for an Uncle and niece to marry or have children together ? it looks like there might be 2 cases of uncles and nieces having a child but not marrying in my husbands tree. Meryl