hello List, I found the recent discussion on Illigitmate chn and irregular marriages very interesting as I have quite a problem with an 1849 'accident' in my family. Will try and be brief with the details. WISEMAN is my research name in Morayshire. for a long time I was looking for birth details of an Ann Wiseman ( I know she existed because she came out to NZ to marry another Morayshire -ite, of the Rhind Family.) We know she was born about 1849/50, he fathers name supposedly James Wiseman, Mother's name not mentioned on her Death Cert. Knowing the churches view on illigitmate chn in the era of 1850c I had a researcher read the Kirk Session minutes for 1849-50. The researcher found under 1 Sept 1850 a Jane Innes residing in Lossiemouth appeared before the church Meeting and confessed that she had been guilty of fornication and had given birth to a female child on 21 April 1849 the father of which she stated was James WISEMAN, late of the First Scots Royals. She also handed in a document purporting to be an acknowledgement on his part as follows. "I, James Wiseman late of the Regiment of Foot in Scots Royals considering that on the 21 April 1849, Jane Innes now or lately residing in Lossiemouth, Parish of Draine Co. Elgin, brought forth a female child begat by me on her in fornication and that I consider, according to the present law of Scotland, a contract of marriage is equal to the solemnisation of the same in the usual way. And we do by these presents to declare ourselves married people witness our handwriting or mark 13July 1849 " (Signed) James Wiseman, Jane Innes (her x mark). The Session considering that this is a case of trilapse in fornication on the part of said Jane Innes instruct their clerk to transmit extracts to the next meeting of presbytery that their advice may be obtained and the said Jane Innes summoned to attend said meeting of Presbytery to be held in Elgin on Wednesday 11 current. {I had the Elgin minutes searched but no record was found of further info on Jane Innes but I had found my Ann WISEMAN} Question 1. second paragraph, line 8 (According to present law of Scotland etc, does this mean they were living as man and wife but not churched as Ann's birth/bapt has never been recorded.) Question 2. Trilapse (not in my dictionary). Question 3. There is no record of Jane, James or Anne in Morayshire in the 1851 Census, could they have been asked to leave the County for their mis-demeanour. I obtained James Wisemans Army papers from Archives he was retired from the Army in 1843, medically unfit. Any suggestions -- how can I find James W. Jane I. and or Ann, can't climb over, and can't go through this brick wall. Ann by the way arrived in NZ in 1871, married the following year. Please -- any suggestions would be invaluable if you can point me where to go next. Pearl M. New Zealand.

> Knowing the churches view on illigitmate chn in the > era of 1850c I > had a researcher read the Kirk Session minutes for > 1849-50. The > researcher found under 1 Sept 1850 a Jane Innes > residing in > Lossiemouth appeared before the church Meeting and > confessed that she > had been guilty of fornication and had given birth > to a female child > on 21 April 1849 the father of which she stated was > James WISEMAN, > late of the First Scots Royals. She also handed in > a document > purporting to be an acknowledgement on his part as > follows. "I, James > Wiseman late of the Regiment of Foot in Scots Royals > considering that > on the 21 April 1849, Jane Innes now or lately > residing in > Lossiemouth, Parish of Draine Co. Elgin, brought > forth a female > child begat by me on her in fornication and that I > consider, > according to the present law of Scotland, a contract > of marriage is > equal to the solemnisation of the same in the usual > way. And we do > by these presents to declare ourselves married > people witness our > handwriting or mark 13July 1849 " (Signed) James > Wiseman, Jane Innes > (her x mark). > > The Session considering that this is a case of > trilapse in > fornication on the part of said Jane Innes instruct > their clerk to > transmit extracts to the next meeting of presbytery > that their advice > may be obtained and the said Jane Innes summoned to > attend said > meeting of Presbytery to be held in Elgin on > Wednesday 11 current. > {I had the Elgin minutes searched but no record was > found of further > info on Jane Innes but I had found my Ann WISEMAN} > > Question 1. second paragraph, line 8 (According to > present law of > Scotland etc, does this mean they were living as man > and wife but not > churched as Ann's birth/bapt has never been > recorded.) I looks to me as if they considered themselves to be husband and wife. If so, I imagine that they were living together, but there is really np way of telling this for certain > Question 2. Trilapse (not in my dictionary). It means that she had been found guilty of the same sin twice before - this was the third time she was up before the Kirk Session for fornication and/or an illegitimate pregnancy. So there could be a couple of older illegtimate children. > Question 3. There is no record of Jane, James or > Anne in Morayshire > in the 1851 Census, could they have been asked to > leave the County > for their mis-demeanour. No. > I obtained James Wisemans Army papers from Archives > he was retired > from the Army in 1843, medically unfit. Any > suggestions -- how can I > find James W. Jane I. and or Ann, can't climb over, > and can't go > through this brick wall. Ann by the way arrived in > NZ in 1871, > married the following year. > Please -- any suggestions would be invaluable if > you can point me > where to go next? Did Ann arrive in NZ alone or with her parents? If her parents did not emigrate, you could try Scotland's People for a death of Jane/Jean Innes or Wiseman - she should be indexed under both her maiden and her married name. This will tell you whether or not James had died before her. You can then go for James' death certificate. HTH Anne

I have been looking for my James Farquharson under the surname Farquharson but lately I'm wondering if his mother had him before marrying. His parents are on his marriage certificate as James Farquharson and Jane Grant. Could James have been illegitimate, then been given the name Farquharson when his mother married/ took up with James Farquharson?? I cant find a marriage for James and Jane or birth for James around 1840-42. Have tried all parts of Scotland, his marriage and death certificates have Mortlach, Banffshire as place of birth. If he was "adopted" would it have to be recorded somewhere and if so where? James is my brick wall, I have his family in NZ from 1882 when he married but before that nothing. I hope someone on this list may have information on James. I Will be posting to Banffshire site as well, I apologise if you get this message twice, but Moray has helped me before. Thanks, Barbara -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.298 / Virus Database: 265.6.7 - Release Date: 30/12/2004