---------- Forwarded message ---------- Date: Tue, 08 Apr 2003 15:13:09 -0600 From: Helen Graves <hgraves@psln.com> To: Missouri-L@rootsweb.com Cc: MORAY-CGA-L@rootsweb.com, MO Andrew Co. <MOANDREW-L@rootsweb.com>, MOCHARIT-L-request@rootsweb.com, MOHOWARD-L@rootsweb.com Subject: {not a subscriber} Lawful marriage age, parental consents, and recording requirements I hope someone on the list has answers to the following questions regarding marriages in MO prior to 1850: 1. what was a "lawful age" ? ... i.e. how old did you have to be to be "lawful"? I have an ancestor who married at 14 1/2 yrs of age. No parental consent at the county recorder of deeds. 2. was parental consent required for the "under" age? If so, was it verbal consent or was written consent required? If written consent was required, where were those consents kept? Were they kept by the Justice of the Peace who married them? Or was he required to file them with the county clerk? Or, when he filed the marriage record, did he just have to say it was a "lawful marriage" in his wording? JUSTICES OF THE PEACE who performed marriages, what were they required to do? Since many early MO marriages were performed by a Justice of the Peace, does anyone know: 1. was there a time limit for him to formally record at the county courthouse the marriages he performed ? 2. was he required to obtain parental consent for an "under age" bride or groom? 3. if it was the J of P's responsibility to obtain parental consent, was he required to file the consents with the county clerk? Or did he keep written consents or just ask at the time of the marriage? 4. could the J of P perform marriages outside his township -- i.e. could the couple go to just any Justice of the Peace in the county to get married or did they have to get married by the J of P for their township? According to my edition of Ancestry's "Redbook", it says regarding early marriages in MO: " Marriage records are held by the county recorder of deeds. Prior to June 26, 1881, no marriage license was required; the marriage was recorded at any convenient courthouse." Gulp .. recorded at "any convenient courthouse? Even though many, if not most, early MO marriages were performed by Justices of the Peace, there's not a single mention in the Missouri chapter in the "Redbook" which mentions Justices of the Peace or the laws under which they were governed. Nor does it mention what "lawful age" was or if/when parental consent was required and in what manner, verbal or written. Was it up to the married couple to "file at any convenient courthouse" -- or, by law governing J of P duties, was the J of P required to file at HIS county courthouse since he was an appointed magistrate of the county? Any help with some answers to the above would be appreciated. -- Helen in Calif.