Irregular Marriage
The appropriate procedure for marriage in 18th and 19th century Scotland was to register the intent to marry with the home parish. A small fee was paid to have the banns or proclamation of marriage announced on three consecutive Sundays prior to the marriage. The purpose was to give the community a chance to comment on whether there was any reason the marriage should not go forward. For Example: by the free consent of the two parties, provided they were of age (12 for a girl and 14 for a boy), not already married, and not within the bounds of kinship and affinity. The reading of banns was then followed by marriage by the minister in the Parish Church.
Irregular, Disorderly or Clandestine marriages did not conform to this pattern. There was a strong belief that consent alone was needed. These marriages were undertaken by an exchange of promises before witnesses, by betrothal and consummation, or by cohabitation and repute, and were forms of marriage recognised by Scots Law and legally binding. The irregularity lay in the ceremony, not in the status of the couple once married. There was no stigma attached to being married irregularly rather than regularly. The difficulty arose when one party claimed to be married and the other denied it.
The opinion of the Church differed from that of the State, and any marriage that did not include a proclamation was forbidden by the Church, considered an irregular marriage and penalised by the Kirk Session elders of the local parish. The parties were rebuked and their witnesses liable to be fined. Evidence of such marriages may be found in Kirk Session minutes and in Burgh and JP court records.
A notation may state the couple were married after being declared in ante-nuptial fornication meaning pre-marital sex. If a lady of the congregation confessed to being pregnant, she would be encouraged to name the father. The couple were questioned as to when, and where and how frequently, they were together. Sunday assignations were particularly heinous. The couple was then publicly rebuked before the congregation and considered ostracized until such time as they could convince the elders they felt true remorse. Reconciliation and reinstatement usually followed with a fine paid to Poor Relief.
While the procedure was humiliating, it served to ensure that the girls were taken care of and the father made responsible for child support. The parish did not want to be burdened with supporting mother and child. This may seem a harsh attitude, but in this period of history it was a culture that believed harshness could regulate human behavior.
Most of the marriage records you will see prior to 1855 are really notices of proclamation. They were registered on a given date, and there may be references to the dates of proclamation and the fee paid. Assuming that it took place mid-week after the last Sunday's banns reading is usually a good guess.
Since 1940, the only form of irregular marriage available in Scots Law is marriage by cohabitation and repute, which is established by living together as husband and wife AND also being known as husband and wife.
Irregular, Disorderly or Clandestine marriages did not conform to this pattern. There was a strong belief that consent alone was needed. These marriages were undertaken by an exchange of promises before witnesses, by betrothal and consummation, or by cohabitation and repute, and were forms of marriage recognised by Scots Law and legally binding. The irregularity lay in the ceremony, not in the status of the couple once married. There was no stigma attached to being married irregularly rather than regularly. The difficulty arose when one party claimed to be married and the other denied it.
The opinion of the Church differed from that of the State, and any marriage that did not include a proclamation was forbidden by the Church, considered an irregular marriage and penalised by the Kirk Session elders of the local parish. The parties were rebuked and their witnesses liable to be fined. Evidence of such marriages may be found in Kirk Session minutes and in Burgh and JP court records.
A notation may state the couple were married after being declared in ante-nuptial fornication meaning pre-marital sex. If a lady of the congregation confessed to being pregnant, she would be encouraged to name the father. The couple were questioned as to when, and where and how frequently, they were together. Sunday assignations were particularly heinous. The couple was then publicly rebuked before the congregation and considered ostracized until such time as they could convince the elders they felt true remorse. Reconciliation and reinstatement usually followed with a fine paid to Poor Relief.
While the procedure was humiliating, it served to ensure that the girls were taken care of and the father made responsible for child support. The parish did not want to be burdened with supporting mother and child. This may seem a harsh attitude, but in this period of history it was a culture that believed harshness could regulate human behavior.
Most of the marriage records you will see prior to 1855 are really notices of proclamation. They were registered on a given date, and there may be references to the dates of proclamation and the fee paid. Assuming that it took place mid-week after the last Sunday's banns reading is usually a good guess.
Since 1940, the only form of irregular marriage available in Scots Law is marriage by cohabitation and repute, which is established by living together as husband and wife AND also being known as husband and wife.