Day Three of Family History Month - Scottish Marriages

Pre - Civil Registration (1855)

OPR Marriages: The OPRs document what was known as the “Crying of the Banns". The intention of the couple to marry was announced from the pulpit for three successive Sundays prior to the marriage. This was standard practice in the Church of Scotland at the time. The Banns were generally proclaimed in the parish church of each partner.

Civil Registration (1855-present)

Marriage Records: On the marriage record, you will find the names for each partner’s parents, the occupation of each partner and the occupation for at least each partner's father. Accessing marriage records always gets you one generation back by providing the information on the couple's parents. The maiden name of each mother of the couple will also be listed on the marriage register for the couple getting married. You now have the information needed to find the wife with her parents in census records. As well, you can look for her parents' marriage registration

Irregular Marriages

Unlike the rest of the UK, Scottish marriage laws were much more lenient. Under Scots law, there were three forms of "irregular marriage". An irregular marriage could result from:

      mutual agreement,

      a public promise followed by consummation

      cohabitation and repute

Traditionally, in Scotland, a man and woman over the age of sixteen could be married by declaring themselves husband and wife in front of witnesses. Laws in Englandwere much more strict following an Act of Parliament in 1745. Another Act of Parliament in 1857 (112 years later) imposed residential qualifications for those who married. They needed, by the new law, to live 21 days in the area before they could marry.

If you can’t find your ancestor anywhere in the marriage registers or parish registers for the “Proclamation of Banns” they may have had an “irregular” marriage. Irregular marriages were popular for couples who couldn't afford a divorce or who didn't have the money to pay to either the Kirk or to the Registrar for the wedding.

You may find that your ancestors, who were in an irregular marriage, later married by Warrant of the Sherriff. A warrant was required so that the legality of the marriage could be determined and the marriage then registered by the Registrar. This may well have taken place at the time when the couple decided to baptise their children.

Irregular marriages were also common in more remote areas like the Highlands or Islands where a minister may not have been assigned or where the closest Kirk or registration office was more than a day's walk.

You may also find that a lot of marriages took place on December 31 or January 1. This was not for tax-break purposes, but rather because for 400 years, the Church of Scotland forbid the celebration of Christmas. Instead, “Hogmanay” or New Year’s Eve was the holiday to be celebrated and New Year’s Day was a holiday from work. Knowing this, couples often planned their weddings accordingly so that family could attend without worry of having to work. 

The Oathing Stone

A little known tradition in Scottish history is that when a couple married near a stone, it was believed that their vows were more binding. It became customary, then, for the couple to each place a hand on the same stone as they pledged their oath, thereby, setting their vows in stone.

Scottish Marriages

Traditionally, in Scotland, a man and woman over the age of sixteen could be married by declaring themselves husband and wife in front of witnesses. Laws in Englandwere much more strict following an Act of Parliament in 1745. This then resulted in many young couples fleeing north of the border to Scotlandin order to get married. Gretna Green was the first stagecoach changing post north of the Scottish Border on the main route between Londonand Edinburgh. This then became a very popular spot to marry. The marriage ceremonies were carried out over the Smithy’s anvil with the "Blacksmith Priest" officiating. In fact, this was a marriage of declaration and not a civil marriage, but legal nonetheless.  

Another Act of Parliament in 1857 (100 years later) imposed residential qualifications for those who married. They needed, by the new law, to live 21 days in the area before they could marry. This, too, became popular and couples would happily take up residence in Gretna or another Scottish Border town for the necessary 3 weeks and then would be married, as planned, at Gretna Green by the "Blacksmith Priest". In 1940, Parliament outlawed the "Blacksmiths Priests" and their anvil marriages. Marriages could only be conducted by a member of the clergy or a civil registrar. Today, there are no residency requirements and no parental consent is required in Scotlandfor people over the age of 16 who wish to marry. All that is required is for the couple to serve notice to the Registrar. Many continue to marry at Gretna Green even today. They are not running away so much as enjoying the rich history of Gretna Greenas a place to marry. Gretna Green marriages “over the anvil” are as popular today as castle weddings. Scotlandattracts visitors from all over the world as a place to be married. 

If you can’t find your ancestor anywhere in the marriage registers or parish registers for the “calling of the banns” they may have had an “irregular” marriage. Naturally, the church disliked irregular marriages for a variety of reasons (morality and finances being the major two). Often, the church would “catch up” with the couple, who would then be summoned before the Kirk session to take their penance, pay their fine, marry legally and be on their merry way. Kirk session records have been digitized but at the moment they are only available at Scotland's People Centre in Edinburgh.

Here is an interesting website for Stray Marriages:

http://www.anglo-scots.mlfhs.org.uk

Scroll down. The stray marriages are about half way down on the page. The records are in PDF format, showing surname, first name, birth date, birth place, parents, spouse, marriage place/county, marriage date and source number. Wonderful information! 

You will also find that a lot of marriages took place on December 31 or January 1. This was not for tax-break purposes, but rather because for 400 years, the Church of Scotland forbid the celebration of Christmas. Instead, “Hogmanay” or New Year’s Eve was the holiday to be celebrated and New Year’s Day was a holiday from work. Knowing this, couples often planned their weddings accordingly so that family could attend without worry of having to work. 

 

 

 

Gretna Green Marriages

Traditionally, in Scotland, a man and woman over the age of sixteen could be married by declaring themselves husband and wife in front of witnesses. Laws in England were much more strict following an Act of Parliament in 1745. This then resulted in many young couples fleeing north of the border to Scotland in order to get married. Gretna Green was the first stagecoach changing post north of the Scottish Border on the main route between London and Edinburgh. This then became a very popular spot to marry. The marriage ceremonies were carried out over the Smithy’s anvil with the "Blacksmith Priest" officiating. In fact, this was a marriage of declaration and not a civil marriage, but legal nonetheless.

Another Act of Parliament in 1857 (100 years later) imposed residential qualifications for those who married. They needed, by the new law, to live 21 days in the area before they could marry. This, too, became popular and couples would happily take up residence in Gretna or another Scottish Border town for the necessary 3 weeks and then would be married, as planned, at Gretna Green by the "Blacksmith Priest". 

    

In 1940, Parliament outlawed the "Blacksmiths Priests" and their anvil marriages. Marriages could only be conducted by a member of the clergy or a civil registrar. Today, there are no residency requirements and no parental consent is required in Scotland for people over the age of 16 who wish to marry. All that is required is for the couple to serve notice to the Registrar. Many continue to marry at Gretna Green even today. They are not running away so much as enjoying the rich history of Gretna Green as a place to marry. Gretna Green marriages “over the anvil” are as popular today as castle weddings. Scotland attracts visitors from all over the world as a place to be married

The Thing About Scottish Marriages

In finding the 1911 census for Scotland, I learned some new information about my great grandmother. Her first husband went off to South Africa to battle in the Boer War and apparently never returned. She remarried in 1913. I found her in a miners row known as Bothwellshields. This was the first time I have ever seen reference to Bothwellshields. It is in the district of Shotts. Interestingly all 4 sons were reported as being at home, however, when my grandfather was 8, he was listed as being home as well, although in reality he was with his uncle, where he also shows on the 1901 census. What I didn't expect to find on the 1911 census was that my great Granny & her second husband, Geordie, were residing together, listed as man and wife, and the two claim to have been married for 6 years!

This wasn't terribly uncommon in Scotland in those days. It is known as a “marriage of declaration” whereby two people simply have to declare themselves as man and wife (generally in front of two witnesses) to be considered married. The interesting piece for me is that Agnes kept her first husband’s name (Crawford) and did not assume Geordie’s name even though the two had declared themselves to be married. It also clears up, for me, the comment on their marriage certificate that their marriage was “under warrant of the sheriff-substitute” I had always thought that the reason for this was because Agnes had to wait the requisite 7 years without contact from her first husband, Hugh, in order to be legally married to Geordie. In fact it was simply to say that their marriage by declaration was now considered legal in that they had paid their fine and married in a “regular” fashion in front of a magistrate (civil marriage).