"standard" marriage language

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kencwalker
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"standard" marriage language

Postby kencwalker » 15 Jul 2016, 00:12

I have seen several marriage records that end with this statement (mostly handwritten, even on pre-printed forms):
"Il documento prestato è il certificuto del le pubblicazioni state da me seguite alla porto di questa casa commuale la prima in data ventiquattro a la seconda in data trentuno gennaio ultimo scorso. Suddetto matrimonio ha prestato il consenso i genitori degli sposi minorenni come risulta dall atto della richiesta delle pubblicazioni."

I have translated/interpreted as:
1) gives dates when the 2 banns were posted, and
2) gives the consent of the parents for underage spouses

Assuming that's right, I wonder what an "underage spouse" is? (age of majority at that time?)
This is on my GGF/GGM record, and they were 24 and 30, and I've seen it on others that are 24 /21 and 23 / 19.

As always, insights appreciated.
-Ken
Researching surnames Pedroncelli and Pilatti in Sondrio; Cantoia in Novara; Penna in Asti.

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dmt1955
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Re: "standard" marriage language

Postby dmt1955 » 15 Jul 2016, 13:11

ken,
if you do a search for age of majority or something similar, you should find this thread. i believe it was member, erudita, who gave a very thorough answer.

donna
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Researching: Purcaro, Raimo, Rizzo, Scaglione, Troisi, Masucci
Locations: Ariano (di Puglia) Irpino, Volturrara Irpina, Altavilla Irpina

kencwalker
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Re: "standard" marriage language

Postby kencwalker » 15 Jul 2016, 18:55

Donna,
Thanks for the tip. I tried several searches, and they either return 330+ results, or none.
Digging thru the first 50 of the 330, I didn't find anything specific to marriage.
I found this comment from "mler" as applied to naturalization:
--"The age of majority in Italy was 21 until 1975 when it changed to 18."

That makes sense when the bride and/or groom is younger than 21, but not for others.
Maybe the Uffizio added this as a standard "boilerplate" without regard for age.

-Ken
Researching surnames Pedroncelli and Pilatti in Sondrio; Cantoia in Novara; Penna in Asti.

erudita74
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Re: "standard" marriage language

Postby erudita74 » 16 Jul 2016, 23:55

Ken
Here's info based on research I have done which I previously posted on this forum-

In 1819, there was a code for the Kingdom of the Two Sicilies, to which Southern Italy and Sicily belonged. According to article number 152 of this code, a male could not contract marriage until he had reached the age of fourteen, and a female could not contract marriage until she had reached the age of twelve. With regard to parental consent, article number 163 of that same code, dictated that a male, who had not yet reached the age of twenty-five, and a female, who had not yet reached the age of twenty-one, could not marry without the consent of both the father and the mother. In cases where the parents were in disagreement, the consent of the father was sufficient for the marriage to take place.

From the year 1865, or the time of the unification of Italy, article number 55 of the civil code of the Kingdom of Italy dictated that a male could not contract marriage until he had reached the age of eighteen and the female until she had reached the age of fifteen. Article 63 of that same code dictated that the male could not contract marriage without the consent of the father and mother until he had reached the age of twenty-five and the female could not contract marriage without the consent of both parents until she had reached the age of twenty-one. There were exceptions to these rules, provided by article number 68, for special cases.

Below is a link to the 1865 Italian civil code. It's in Italian though. On page 17 at the top you will see #55 which addresses the minimum age at which a male and female could contract a civil marriage. For the male, the minimum age was 18 and, for the female, it was 15. On the next page, you will see #63 which address the question of parental consent. So a male marrying at the age of 18, 19, 20, 21, 22, 23, or 24 had to have parental consent. Once he turned age 25, he could marry without parental consent. The female, on the other hand, although she could contract marriage from age 15 had to be age 21 before she no longer needed parental consent. So, if she had a civil marriage at age 15, 16, 17, 18, 19, or 20, she had to have parental consent.

I think that what you are viewing as article 63 being a contradiction of article 55 is a contradiction which is inherent in the law itself. In my mind, and probably in yours as well, if the civil law allowed an individual to contract marriage at age 15 or 18, then why should he or she then also have needed parental consent to proceed with the marriage until an older age? The two articles of the civil code appear to have existed simultaneously. Article #63 did not replace article #55, as we would have expected.

The civil code of 1865 was in effect until 1942 when it was replaced by another civil code.

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Re: "standard" marriage language

Postby kencwalker » 18 Jul 2016, 03:26

Hi Eurdita, as usual, your response is spot on. Too bad I couldn't find your previous post on this.
According to article number 152 of this code, a male could not contract marriage until he had reached the age of fourteen, and a female could not contract marriage until she had reached the age of twelve.

Wow! It was possible for a 14 y/o male to marry a 12 y/o female (w/ parental permission) in the old Kingdom of the Two Sicilies. My, how things have changed....

if the civil law allowed an individual to contract marriage at age 15 or 18, then why should he or she then also have needed parental consent to proceed with the marriage until an older age?

I don't have a problem with the apparent "contradiction". I suspect article 55 was intended to prevent marriage for males younger than 18 and females younger than 15 even if the parents consented. Article 63 allowed marriages for males between 18-24 and females between 15-20 only with parental consent. Makes sense to me.

And, that explains my family's 3 examples. In each case the groom was under 25.
Thanks!
-Ken
Researching surnames Pedroncelli and Pilatti in Sondrio; Cantoia in Novara; Penna in Asti.

erudita74
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Re: "standard" marriage language

Postby erudita74 » 18 Jul 2016, 13:14

Hi Ken
You're very welcome. So happy my research helped explain info you found in your own records.
Erudita


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