Marriages
Marriages In searching within the OPR between the years 1553 – 1854 you will find that marriages were entered under both the wife’s and husband’s surnames. Witnesses to the marriage were usually close family members: the Groom’s brother and the Bride’s sister. A ‘cautioner’ is the equivalent of the best man at a wedding. Marriage contracts were arranged before marriage, or after marriage, to protect property and any children of the marriage, and were taken into consideration when the husband or wife died.
Access to Statutory marriage records (1855 to current year) is restricted to 75 years for online access. SR documents may show “His X mark” or “X Her Mark” This symbol was recorded on the document in the presence of a witness when the person supplying the information was unable to write, and is confirmation that the person was most likely uneducated.
Names may not be recorded as expected due to illegibility of handwriting and transcription errors. Dates may also be incorrect to conceal illegitimate children.
TIP: If a parent is deceased on the record, use this information to narrow down the parent’s date of death. Check the census prior to the marriage to see if he/she is recorded and the death records for the period between the census and the marriage.
In the year 1700 children, kept at a distance by their parents, lived much amongst themselves or with underlings and grew up with little knowledge or refinement. Restrained within a narrow social circle, they often contracted improper marriages.
Banns
Wedding banns, or proclamation, was the formal announcement of the intent to marry. They were published (publicly displayed) or announced in the parish church 3 consecutive Sundays prior to the marriage, and if no objections were raised the ceremony then took place. Marrying without announcing banns, although contrary to the morality of the age, did not make a marriage invalid.
Parish registers may record the banns (proclamation of the forthcoming marriage) or the marriage itself, or both. However, within the registers, if only one date is recorded it is generally the date of proclaiming banns. Women are usually indexed by their maiden surname, but may sometimes be indexed under a married surname, if they have been married before.· Occasionally there will be a sum of money recorded in the margin, and it is unclear whether this is a fee or a donation to the poor.
A few years ago there was a website named Scotsfind which unfortunately is no longer available. The creator of the site transcribed records from the Parish of Holyroodhouse and Canongate Register of Marriages 1564-1800 detailing the names of bride and groom, parish where married, date of marriage, occupation of groom, and relationships. I have a copy of this manuscript and am willing to do searches if requested.
Irregular Marriages In the late 1700s in Scotland, the law stated that marriage was legal (and regular) when 'proclamation' of banns occurred on three successive Sundays, and the marriage ceremony was performed by the minister in the parish church, although not in the church itself, because of a fear that rowdy celebrations might contaminate the place of worship. However, Scots law recognized unions made by free consent provided they were of age (12 for a girl and 14 for a boy), not already married and not within the bond of family, if they were performed in front of witnesses by betrothal and consummation or by cohabitation. Even when there was no official record, consent by the two parties was sufficient, and although forbidden and penalised, was still considered valid and legally binding. This type of union was known as irregular marriage (also known by the terms disorderly or clandestine.) The "irregularity" did not refer to the status of the couple but in the ceremony. Any marriage that did not conform to the proclamation of banns was considered an irregular marriage and was dealt with by the Kirk Session elders. The couple was rebuked and charged with anti-nuptual fornication and fined. Example of a marriage extract: ‘Married irregularly James Lochart and Agnes Ross they appeared before the session 25 June 1797 were rebuked for their irregularity and again declared married persons.’ The legality of irregular marriages was reversed in 1940.
Second Marriage
If there is some confusion within marriage records, and it appears that your ancestor had two spouses, it may be possible that Great Grandfather married twice. A search of death records for his first wife may confirm that he was free to marry again. People died at a young aged due to disease and lack of medical care, and widowers often remarried to create further offspring who were needed to earn money for the family.
Access to Statutory marriage records (1855 to current year) is restricted to 75 years for online access. SR documents may show “His X mark” or “X Her Mark” This symbol was recorded on the document in the presence of a witness when the person supplying the information was unable to write, and is confirmation that the person was most likely uneducated.
Names may not be recorded as expected due to illegibility of handwriting and transcription errors. Dates may also be incorrect to conceal illegitimate children.
TIP: If a parent is deceased on the record, use this information to narrow down the parent’s date of death. Check the census prior to the marriage to see if he/she is recorded and the death records for the period between the census and the marriage.
In the year 1700 children, kept at a distance by their parents, lived much amongst themselves or with underlings and grew up with little knowledge or refinement. Restrained within a narrow social circle, they often contracted improper marriages.
Banns
Wedding banns, or proclamation, was the formal announcement of the intent to marry. They were published (publicly displayed) or announced in the parish church 3 consecutive Sundays prior to the marriage, and if no objections were raised the ceremony then took place. Marrying without announcing banns, although contrary to the morality of the age, did not make a marriage invalid.
Parish registers may record the banns (proclamation of the forthcoming marriage) or the marriage itself, or both. However, within the registers, if only one date is recorded it is generally the date of proclaiming banns. Women are usually indexed by their maiden surname, but may sometimes be indexed under a married surname, if they have been married before.· Occasionally there will be a sum of money recorded in the margin, and it is unclear whether this is a fee or a donation to the poor.
A few years ago there was a website named Scotsfind which unfortunately is no longer available. The creator of the site transcribed records from the Parish of Holyroodhouse and Canongate Register of Marriages 1564-1800 detailing the names of bride and groom, parish where married, date of marriage, occupation of groom, and relationships. I have a copy of this manuscript and am willing to do searches if requested.
Irregular Marriages In the late 1700s in Scotland, the law stated that marriage was legal (and regular) when 'proclamation' of banns occurred on three successive Sundays, and the marriage ceremony was performed by the minister in the parish church, although not in the church itself, because of a fear that rowdy celebrations might contaminate the place of worship. However, Scots law recognized unions made by free consent provided they were of age (12 for a girl and 14 for a boy), not already married and not within the bond of family, if they were performed in front of witnesses by betrothal and consummation or by cohabitation. Even when there was no official record, consent by the two parties was sufficient, and although forbidden and penalised, was still considered valid and legally binding. This type of union was known as irregular marriage (also known by the terms disorderly or clandestine.) The "irregularity" did not refer to the status of the couple but in the ceremony. Any marriage that did not conform to the proclamation of banns was considered an irregular marriage and was dealt with by the Kirk Session elders. The couple was rebuked and charged with anti-nuptual fornication and fined. Example of a marriage extract: ‘Married irregularly James Lochart and Agnes Ross they appeared before the session 25 June 1797 were rebuked for their irregularity and again declared married persons.’ The legality of irregular marriages was reversed in 1940.
Second Marriage
If there is some confusion within marriage records, and it appears that your ancestor had two spouses, it may be possible that Great Grandfather married twice. A search of death records for his first wife may confirm that he was free to marry again. People died at a young aged due to disease and lack of medical care, and widowers often remarried to create further offspring who were needed to earn money for the family.